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05058 - ASBURY ENVIRONMENTAL SERVICES DESTRUCTION WASTE MATERIALS COLLECTION DISPOSAL
Page 1 of 2 Kathie Hart From: Kathie Hart Sent: March 31, 2009 2:17 PM To: 'Diego Santana' Subject: RE: A5058 and A5675-Asbury Environmental biego: Per our phone conversation 2 will ask them for the pollution liability insurance. Thxl Kathie Hart, CMC Chief Deputy City Clerk City of Palm springs 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 2S (760) 323-8206 1 g (760) 322-8332 Kathie.Hart@PalmSpri rngsCA.gov From: Kathie Hart Sent: March 31, 2009 1:05 PM To: 'Diego Santana' Subject: RE: A5058 and A5675 - Asbury Environmental Yes, A5675 (the newer one) was approved by Council and signed off by Doug in 2008. From: Diego Santana [mailto:DSantana@wss-law.com] Sent: March 31, 2009 12:26 PM To: Kathie Hart Subject: RE: A5058 and A5675 - Asbury Environmental Who approved the new agreement? (Doug?) Diego Santana, Esq. Woodruff, Spradlin & Smart 555 Anton Boulevard, Suite 1200 Costa Mesa, California 92626 Direct Telephone: 714.415.1079 Direct Facsimile: 714.415,1179 E-Mail: DSantana@wss-law.com CONE IDENTIALITY NOTICE—This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone at(714) 415-1079 or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you. 03/31/09 Page 2 of 2 From: Kathie Hart [mailto:Kathie.Hart@palmsprings-ca.gov] Sent: Tuesday, March 31, 2009 11:32 AM To: Diego Santana Subject: A5058 and A5675 -Asbury Environmental Diego: We have two agreements with the above for the disposal and destruction of waste materials, i.e. antif reeze, waste oil, oil filters, etc. The insurance requirements are almost identical in both agreements; however, the older agreement also requires pollution liability insurance. My question is - do we still want to require pollution insurance for the older agreement, or do we want to waive it since we are not requiring it on the newer agreement. What are your thoughts? Thx! e4v"r Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262 M" (760) 323-8206 1 E (760) 322-8332 G� Kathie.Hart@Palm5prm9sCA.9ov 03/31/09 AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT FOR THE COLLECTION, TRANSPORTATION, DISPOSAL AND/OR DESTRUCTION OF WASTE MATERIALS (Agreement No. 5058) THIS FIRST AMENDMENT to the Contract Services Agreement No. 5058 for the collection, transportation, disposal, and/or destruction of waste materials (the "Amendment"), is made and entered into to be effective on the /32�1'day of OC*OW , 2006 by and between the City of Palm Springs, a California charter city and municipal corporation (hereinafter referred to as the "City"), and Asbury Environmental Services, a California corporation (hereinafter referred to as the "Contractor")(collectively, the "Parties"), RECITALS A. City and Contractor previously entered into a contract services agreement for the collection, transportation, disposal, and/or destruction of waste materials at the City's Fleet Operations and Facilities Maintenance divisions, also referred to as the 'Palm Springs City Yard," located at 425 North Civic Drive, Palm Springs, which was made and entered into on March 17, ' 2005 (the"Agreement'). Unless extended by the Parties, the Agreement will expire on March 17, 2008 B. Section 9-3 of the Agreement provides that the Agreement may be amended at any time with the mutual written consent of the Parties- C. City and Contractor desire to amend the Agreement to authorize Contractor to perform additional services at the Palm Springs International Airport. i NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: AGREEMENT 1- Amendment to Section 1-1 of the Agreement, entitled"Scope of Agreement": Section 1.1of the Agreement is hereby amended in its entirety to read as follows: "Scope of Agreement. This Agreement is to govern services to be provided by Contractor for the proper collection, transportation, treatment, disposal, and/or destruction of various wastes, including, but not limited to, hazardous waste from the property located at425 North Civic Drive, Palm Springs(the"Palm Springs City Yard"), as well as the property located at 3400 East Tahquitz Canyon Way, Palm Springs(the"Palm Springs International Airport"or "Airport'), hereinafter referred to collectively as eltherthe"Site"orthe"Sites", in the locations described in Exhibit "A," including any and all testing. In compliance with the terms and conditions of this Agreement, Contractor is to provide all services, including all supervision, tabor, equipment, and materials, and all other resources necessary for the proper performance of its obligations as set forth under this Agreement." 2. Amendment to Exhibit"A"of the Agreement, entitled"Scope of Services": Exhibit"A"of the Agreement is hereby amended to include the following additional services, which shall read as follows: 9/13/2005 3:57:56 PM i "Contractor shall provide all services, including all supervision, labor, equipment, and materials, and all other resources necessary for the proper collection, transportation, disposal,and/or destruction of waste materials from the Palm Springs International Airport. Waste Materials: Waste materials to be collected from the Palm Springs International Airport include: A) Liquids and solids contained in two (2)oil/water separators connected to the apron draining system for the Airport; and, B) 55-gallon barrels containing waste runway crumb rubber and sand-" 3- Amendment to Section 2.1 of the Agreement entitled "Contract Sum": Section 2.1 of the Agreement is hereby amended in its entirety to read as follows: "Contract Sum. For the services rendered under this Agreement, Contractor shall be compensated in accordance with the Schedule of Compensation set forth in Exhibit "C," which is attached hereto and is incorporated herein by reference, after:(1)completion of the services to be conducted under this Agreement; (2)the City's receipt of evidence showing that the waste described in Exhibit "A" was properly collected, transported, treated, destroyed, and/or disposed of, and (3)the City's receipt of an invoice thereon- Except as otherwise provided in this Agreement pursuant to paragraph 1.10 above,the total payments to be paid for the services to be provided under this Agreement (collectively, "Contract Sum")shall not exceed a total of fifty thousand dollars ($50,000). Any invoice of services rendered to the City is to contain a complete and accurate description of all work to be charged pursuant to the invoice." 4. Amendment to Exhibit"C" of the Aareement. entitled "Schedule of Compensation": Exhibit "C" of the Agreement, concerning total compensation, is hereby amended to read as follows: "Total Compensation: Total compensation for services provided hereunder shall not exceed $50,000." 5. Amendment to Exhibit°C"of the Agreement entitled "Schedule of Compensation": Exhibit "C"of the Agreement, concerning the rate schedule,is hereby amended to include an additional rate schedule, which shall read as follows: "Rate Schedule: For services rendered at the Palm Springs International Airport,services provided by Contractor shall be compensated at the following rates_ For Oil/Water Separator Waste: Liquids $0.75 per gallon Solids $3.15 per gallon Transportation Fee $71.00 per hour, portal-to-portal Vehicle Clean-out Fee Included in above rates For Runway Rubber/Sand: 55-gallon drum $210.00 per drum 9/13/2006 3:57:56 PM 2 Transportation Fee $ 45.00 per visit' 6. Amendment to Exhibit"D" of the Agreement, entitled "Schedule of Performance": Exhibit "C' of the Agreement is hereby amended to include the following additional provisions.- 'Scheduling of Services: Services at the Palm Springs International Airport shall be provided on an as-required basis. All services to be performed at the Palm Springs International Airport will be requested by and coordinated with the Airport Maintenance Superintendent. Estimated Frequency of Services: The estimated frequency of services to be performed at the Palm Springs International Airport are as follows- oil/water separators: 1 servicing of each separator per year; Runway Rubber/Sand: 1 pickup every two years 7_ Full Force and Effect. This modifying Amendment is supplemental to the Agreement and is by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof, unless specifically modified herein,shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement, the provisions of this Amendment shall in all respects govern and control. 81 Corporate Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that(1)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment,and(iv)the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE] i 9/1 V2005 3:57!56 PM 3 I I IN WITNESS WHEREOF,the Parties have executed and entered into this Amendment as of the date first written above- "CITY" - CITY OF PALM SPRINGS, ATTEST: a California charter city and municipal corporation f l /J mes Thompson,City Clerk David H. Ready,City Manage APPROVED AS TO FORM: gppR0�IE0 BY CITY COUNCIL R ti 5� Douglas H. Holland,City Attorney i [SIGNATURES CONTINUED ON NEXT PAGE] 9/1 3/2006 3:57:56 PM 4 it "CONTRACTOR" I ASBURY ENVIRONMENTAL SERVICES, a California corporation CONTRACTOR: Check one:_Individual_Partnership�Corporafion Corporations require two notarized signatures: One from each of the following: A. Cthairman of Beard,President,or any Vice President: AND B.Secretary,Assistant Secretary,Treasurer,Assislant Treasurer,or Chlaf Finagdal Officer). _ 1 BY= By: I i` Signature(notarized) Signature(no d) Name: �(/G17�� J Name: SNi2n(!!� Dnwc,(lY-) Title:_rV�5/L7�1g Title: Ckf '�VIaV1G ((k Gamr State of YJ� Stateof (� �✓1fG)'� County of LDS G ^s County of �C On before re me, before 1//Y✓�S L p✓' Sy QGq i before me. �+{°SS/ /d n-,rs N r pe nallyappeared y/ Fi(� /CG✓�LD(�Y7 personally appcaredy`)�n� mUJ/rJ personally known to me r parsa�ma-(or proved to ma On the basis of sahsGlctoS•-evideneej•t0 be the personal whose nameXis/a1t saNSfactory evidence)to be the person%whose nameX is/�+ subscrlbed[0 the within instrument and acknowledgQed to me(hat subscribed to the within lnabumentand acknowledged to me that he/s executed the same in his/tlth5f a IhOrized he/ {Iyj executed the same in his/ rjtoo- authorized t npaci ), and that by his/A /fl si�haturo on the capacity( and that 6y hls(�eri[tsP signatureK an the tnsttumen a personal or the enrty upon behalf o which the insiruma t the persOn(x 'or the entity upon behalf of which the , persort�acted,eXecJted the instrument person�ac[ed,execu4ed the instnument WITNESS my hand and officjal seat. WITNESS my hand and of�fijci�al�sye�al.� �p�� Notary Signa No[ary Signatu/r '�" '" "-t•" w)GC/lJu't-ram Notary Seal: NotajESISKAIMM JESSICA TORRES CORM Commglbn s 1468437 COmmWlon,f146B437 „ NotaryPuW7-CaNaeYa NOfOry hdft 0�+ft Los ArgNaCounry. LIDS AngNm Cow* My Comm.Expuas Feb 6.2 MYComm.ExW�MF�b6, 9/13/2006 3:57:56 PM 5 Asbury Environmental Services Destruct Waste Materials AGREEMENT#5058 CM signed, 3-30-05 CONTRACT SERVICES AGREEMENT For the Collection, Transportation, Disposal And/or Destruction of Waste Materials THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this :4 day of jam , 2005 by and between the CITY OF PALM SPRINGS (herein "City"), a municipal corporation, and Asbury Environmental Services (herein "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Agreement. This Agreement is to govern services to be provided by Contractor for the proper collection, transportation, treatment, disposal and/or destruction of various wastes, including, but not limited to, hazardous waste from the property located at 425 N. Civic Drive, Palm Springs, CA, 92262 (Palm Springs City Yard), hereinafter the "Site", in the locations described in Exhibit "A", including any and all testing. In compliance with the terms and conditions of this Agreement, Contractor is to provide all services, including all supervision, labor, equipment and materials, and all other resources necessary for the proper performance of its obligations as set forth under this Agreement. 1.2 Scope of Services. In accordance with paragraph 1.1 above and the following terms and conditions of this Agreement, Contractor shall commence to properly collect, transport and provide for the treatment and/or disposal or destruction of those waste materials more specifically described in Exhibit "A" to this Agreement, within ten (10) calendar days of receiving notice to proceed from the City's Contract Officer. Contractor shall complete services requested within thirty (30) calendar days of commencement, including preparation and submital of a written report to the City, describing the work conducted and the results of any tests performed on such waste, and a description of the disposition of all such waste. The written report is to include copies of any and all waste profiles, waste manifests, laboratory results, bills of lading, weigh tickets, and certifications of recycling, treatment, destruction or disposal. Contractor represents and warrants that all services performed in connection with this Agreement by itself or any subcontractor, will be performed in a competent, professional and satisfactory manner, and will be performed in accordance with the accepted procedures and standards present in the industry. 1.3 Compliance with Law. Contractor represents and warrants that all services rendered hereunder by it or any subcontractor shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the City and the statutes, rules and regulation of the United States of America, the State of California, the County of Riverside, and all other regional and local governmental agencies with jurisdiction over the work to be performed herein. 1.4 Licenses, Permits, Fees and Assessments. Contractor represents and warrants that Contractor, and all subcontractors, have obtained or will obtain, at their sole cost and expense, all licenses, permits and approvals required by law for the performance of the services required by this Agreement. Contractor and/or its subcontractors have the sole obligation to pay for any fees, assessments and taxes, 1 lF_ i,.iRY i✓E A np plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for their performance of the services required by this Agreement, and Contractor shall indemnify, defend, reimburse and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City. 1.5 Treatment. Storaqe or Disposal Facilitv. Contractor represents and warrants that the treatment, storage or disposal facility to be used in furtherance of this Agreement will be a properly licensed and permitted facility, in accordance with all applicable federal, state and local laws governing the same, and that there are no releases or significant threatened releases of any "hazardous waste" as defined under California Health & Safety Code Section 25117, or "hazardous substances" as defined under California Health & Safety Code Section 25281, and all amendments thereto, into the air, soil or groundwater at such designated facility or facilities. Contractor shall provide documentation of all necessary licenses, permits, approvals and/or certificates for the lawful operation of any such treatment, storage or disposal facility, and shall provide copies of the same to City prior to the execution of this Agreement by City. Contractor understands and agrees that the City may terminate this Agreement or prohibit the transportation or disposal of any such waste to a designated treatment, storage or disposal facility not consistent with the provisions of this paragraph and/or the intent of this Agreement. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor, and its subcontractors, (a) have thoroughly investigated and considered the scope of services to be performed, (b) have carefully considered how the services should be performed, and (c) fully understand the facilities, and the difficulties and restrictions involved with the performance of the services under this Agreement. Contractor warrants that Contractor and all subcontractors have or will investigate the property described in Paragraph 1.1, and is or will be fully acquainted with the conditions there existing, prior to commencement of any 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. Contractor, on behalf of itself and any officer, agent, employee or representative of Contractor, hereby waives and releases City, and its past and present officers, Council members, Commissioners, agents, representatives, attorneys and employees, from and against any and all damages, injuries, claims, actions, remedies, fines or liabilities, including bodily injury, personal injury and property damage, both known or unknown, suspected or unsuspected, to Contractor and/or its officers, agents, employees or representatives that may arise from the existence or potential existence of any hazardous materials, hazardous waste or hazardous substance, as such terms may be defined under any state, federal or local law or regulation, and from any condition or defect that exists or that may exist on the Site; Contractor, by entering into this Agreement, expressly assumes the risks created by any such conditions, defects, and hazardous materials, wastes or substances on the Site. 2 1.7 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, except such losses or damages that are caused solely by City's own negligence. 1.8 Suspension of Services. The City may, with cause, at any time, suspend, delay, interrupt or stop the performance of any and all services of Contractor under this Agreement, upon one (1) day's written notice to Contractor. In the event of any such suspension of services, where Contractor is in compliance with the terms of this Agreement and is not the cause of the need for the suspension, reasonable costs necessarily incurred by Contractor during the suspension period as a result of the suspension, including costs incurred in reactivating sources, shall be reimbursed to Contractor after Contractor (a) itemizes the costs involved; (b) provides satisfactory documentation to support the itemized costs; and (c) demonstrates that the services provided during this suspension were in direct support of the overall services to be performed under this Agreement. 1.9 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 herein specified, neither party shall be responsible for the services of the other. 1.10 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. For the services rendered under this Agreement, Contractor shall be compensated in accordance with the Schedule of Compensation set forth in Exhibit "C" after: (1) completion of the services to be conducted under this Contract; (2) the City's receipt of evidence showing that the waste described in Exhibit "A" was properly collected, transported, treated, destroyed and/or disposed of, and (3) the City's receipt of an invoice thereon. Except as otherwise provided in this Agreement pursuant to paragraph 1.10 above, the total payments to be paid for the services to be provided under this Agreement (collectively "Contract Sum") shall not exceed a total of twenty four thousand dollars ($24,000.00). Any invoice of services rendered to the City is to contain a complete and accurate description of all work to be charged pursuant to the invoice. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3 3.2 Schedule of Performance. Contractor shall commence the services required under this Agreement within ten (10) calendar days of receiving notice to proceed from the Contract Officer. Contractor shall complete all services required under this Agreement, including the written report as defined under Section 1.2, within thirty (30) calendar days of commencement of the services requested hereunder, and in accordance with the Schedule of Performance as set forth in Exhibit "D." The term of this agreement shall be three (3) years. 3.3 Site Upkeep. Contractor shall keep the work area at the Site free of safety hazards and debris. Contractor shall be responsible for the immediate clean up of any spillage or leakage of any hazardous waste or hazardous substance as defined in Section 1.5 above. Contractor is responsible for properly posting any notices on the Subject Property as may be required under local, state or federal law in connection with the services to be rendered herein. Contractor shall also be responsible for the immediate removal and/or clean up of any spill, release or disbursement of any hazardous waste or hazardous substance or other waste on the Site or on any other location, if such spill, release or discharge is caused or contributed to in any way by Contractor's actions or inactions. In the event of any spill, release or discharge of any hazardous waste, hazardous substance, or other waste, caused in whole or in part by the actions or inactions of Contractor, Contractor shall immediately notify the Contract Officer in addition to any other notification requirements that may otherwise be imposed by law on Contractor. The City may deduct from monies due, or to become due from the Contractor, any expense incurred by the City as a result of the Contractor's failing to correct any safety hazard or failure to promptly and completely clean up any spill, release or discharge or to remove any hazardous waste, hazardous substance, or other waste from the Site or any other location which, in the opinion of the Contractor Officer, has resulted from Contractor's services under this Agreement. 3.4 Permit Documentation. Contractor represents and warrants that Contractor has provided copies of any and all permits, licenses or approvals needed by Contractor to perform its services under this Agreement, to City prior to the execution of this Agreement by City. 3.5 Force Maieure. The time period(s) specified in this Agreement 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, within three (3) days of the commencement of such delay, notifies the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of the 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 such delay in the performance of this Agreement, 4 however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.6 Contractor's Failure to Perform. Should the Contractor fail to perform in accordance with the terms and conditions set forth in this Agreement, City has the right to obtain the required services, at its discretion, from another person or entity, either temporarily or permanently, and to either suspend or terminate all remaining portions of this Agreement in the event of such failure of performance on the part of Contractor. In the event Contractor fails to perform in accordance with this Agreement, in addition to the City's rights of suspension and/or termination of this Agreement, City retains all other rights and claims provided for under this Agreement and as may otherwise be provided by law. In the event the City must obtain another person or entity to perform the services required to be performed by Contractor herein, Contractor shall be responsible for all additional costs, expenses and damages incurred by City as a result of the same. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as 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: John Barrette It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were substantial inducements for City in entering 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 Aqainst Subcontractinq or Assiqnment. 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 5 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 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 services. 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, INDEMNIFICATION AND BONDS 5.1 Insurance. The 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) Commercial General Liabilitv Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs as additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Pollution Liability Insurance. A policy of pollution liability insurance written on a claims made basis shall be written in an amount not less than $1,000,000 per loss and $1,000,000 in the aggregate. Such coverage shall remain in effect until five (5) years after the date of completion of this Agreement. Contractor shall provide such evidence of such insurance to City, naming City an as additional insured, with regards to Contractor's work under this Agreement. Where appropriate, Pollution Liability Insurance in accordance with the limits in this subsection (b), may be provided as a part of Contractor's Automotive Insurance. 6 (c) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (d) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily and property damage. Said policy shall include coverage for owned, non-owned, leased and hired cars. (e) Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit"B". All of the above policies of insurance shall be primary insurance and issued by companies whose rating satisfies the requirements in Section 5.4 of this agreement. 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. 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, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, 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 person 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 polices of insurance that the Contractor is required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to defend, reimburse and indemnify the City, its officers, agents, employees and representatives, and to hold and save each of them harmless from, any and all damages, injuries, claims, actions, penalties, fines, obligations, errors, omissions or liabilities (herein "Claims" or "Liabilities") including, but not limited to, any Claim or Liability based on any federal, state or local law involving "hazardous wastes," "hazardous substances" or "hazardous materials," as such terms are or may be defined under federal, state and/or local law, and including any Claim or Liability for equitable relief, injunctive relief or damages, any or all of which may be asserted or claimed by any person, firm or entity as a result of or arising out of any operations or activities, or any actions, inactions and/or omissions of Contractor, its agents, officers, employees, representatives, subcontractors or invitees, 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 7 willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City. In connection with the indemnification provided in this Section: (a) Contractor will defend any action or actions filed in connection with any Claims or Liabilities and will pay City and reimburse City for 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 or any payments under any reasonable settlement involving said parties and agreed upon by City, for any such Claims or Liabilities, 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, Contractor agrees to pay to the City, and to reimburse the City, and 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, and to indemnify and hold the City harmless from any and all such claims or liabilities. 5.3 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 the State of California, raged "A" or better in the most recent edition of Best Ratinq Guide, the Kev Ratinq Guide or in the Federal Reqister and only if they are of a financial category Class VII or better, unless such requirements are waived in writing by the Risk Manager of City ('Risk Manager'). If the 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 ten (10) days of receipt of notice from the Risk Manager. 6.0 RECORDS AND REPORTS 6.1 RepoftS. Contractor shall prepare and submit to the Contract Officer a written report on the services provided pursuant to this Agreement, and shall provide all copies of all waste profiles, waste manifests, weigh tickets, bills of lading and certificates of recycling, treatment destruction, or disposal to the Contract Officer sufficient to verify the completion of the work to be performed by Contractor under this Agreement. 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 to 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 8 inspect, copy audit and make records and transcripts from such records. Such records shall be maintained for a period of seven (7) years following completion of the services hereunder, and the City shall have complete and timely access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other written materials prepared by Contractor, its officers, employees, subcontractors and agents in the performance of this Agreement, shall be the property of the City and shall be delivered to City upon request of the Contract Officer or upon 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 written materials hereunder. 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. 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 appropriate federal court, and Contractor covenants and agrees to submit to the personal jurisdiction of such courts 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 other of the claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within three (3) days of service of such notice and completes the cure of such default within thirty (30); 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, immediate action may be necessary, and a shorter period for cure of such default as reasonably determined by the injured party shall apply. 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 right to terminate this Agreement without cause pursuant to Section 7.6. 7.3 Retention of Fund. 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, claims, or 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 9 obligation under this Agreement. In the event that any Claim or Liability 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 or Liability, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. Neither the exercise of its right to deduct or withhold nor failure of City to exercise such right to deduct or to withhold shall affect the obligations of the Contractor to insure, indemnify and protect City as elsewhere provided. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. A parry'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 of 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 City's Riqht to Terminate Without Cause. The City may terminate this Agreement at any time, with or without cause, upon three (3) 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. Upon receipt of notice of termination from City, Contractor shall immediately cease all services hereunder except as may be specifically approved by the Contract Officer. Where termination is not due to the failure of Contractor to fulfill its obligations under this Agreement, Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services approved by the Contract Officer in writing, except as provided in Section 7.3. 7.7 City's Right to Terminate Contract for Cause. In the event of a breach of any representation or warranty of Contractor under this Agreement, or where Contractor fails to comply with the terms and conditions of this Agreement, in addition to the City's right to terminate under any other provision of this Agreement, or as otherwise provided by law, the City has the right to terminate this Agreement and to terminate all obligations of the City herein, immediately, upon written notice to Contractor of the same. 7.8 Completion of Work Where Termination for Cause. 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 10 exceeds the compensation herein provided (provided that the 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. 7.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or is 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 otherwise, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs which are incurred in such litigation, including expert witness fees and consultant fees. All fees shall be deemed to have been incurred on commencement of such action and shall be recoverable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION 8.1 Non-Liabilitv of Citv Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or to 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 or term 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 or her financial interest or the financial interest of any corporation, partnership or association in which he or she 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 Aqainst 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- 11 class mail, in the case of the City to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, 3200 E Tahquitz Canyon Way, Palm Springs, CA 92262, and in the case of the Contractor, to the person at the address designated on the executed page of this Agreement. Either party may change its address by notifying the other party of the change in 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 or the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might apply. 9.3 Integration Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supercedes 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 is a fully integrated Agreement and may be amended at any time only with 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 judgement or decree of a court of competent jurisdiction, such invalidity or unenforceablitlity shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of the Agreement which are hereby declared to be severable and shall be interpreted to carry out the intent of the parties hereunder unless the valid 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. (SIGNATURES ON NEXT PAGE) 12 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date-first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation Ity lerk City Manager Agreement-ov-Wunder $25,000 t I'?'L°'u !UU, Zd F i•.. ._ !'d'."�'� ,.G'�.;pby.,m;r S_a, — - � Reviewed and approved by Procurement & Contracting Initials Date2AL�"a P.O. Number CONTRACTOR: Asbury Environmental Services Check one:,Individual_Partnership_Corporation 2100 North Alameda Street Compton, CA 90222 Corporations require two notarized signatures: One from each of the follovnng: A. Chairman of Board,President,or any Vice President: ✓ANNP13. ecr tary,Assistant Secretary,Treasurer,Assistant Treasurer,,or Chief 1FFiinancial Officer). BT By: —f` Signature(notarized) S16 ature(noter ed) Name: t � Name: C Vpt yW ltt:-N X. ^tWAZ"1 Title: C��/1t�rf/��%(/i✓/`�v Title: LIP r State of Cpb4e 't'I`YI GL State of I County of Las Avyl `�ss County of Lv,5�vt,e•I2i'ss i�'tfii.VG(� 2,a,U7f�"3 ��'S'j'rCbY iGWetP (j"'+e's wul,✓aI Z'3a ^cfr'�S �eS•�i cGr�r re cof;9-�:.5 On_before me, On before me, __ 1 , personally appeared E4�4'' 1��'Y`','I/ personalty appeared 1'k';ofG.�I��iY•" �� • personalty known to me�,Drproved-lrme-on-the-b 6—of--peraenally-known-to-me-(or proved to me on the basis of -sa8sfaetory--e�to be the person(*)' whose name(s)v satisfactory evidence) to be the person(k)whose whose nameft ital subscribed to the within instrument and acknowledged is/,subscribed to the within instrument and acknowledged to me that he/sFre7ttW executed the same in hisRserDhOP to me that he/sr j/f7o�;executed the same in hisRjpr_/fHErr authorized capacity(ioS)?and that by his/heMbeir,signature(i); authorized capacity(, and that by his/6erttiyaicsignature{`a on the instrument the personKj or the entity upon behalf of on the instrument the person(klor the entity upon behalf of which the personVacted,executed the instrument. which the person(8Wacted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. C v\,,kk C� Notary Siynature�J��.����Q��C� /�� Notary Signatur /—��=�'�"r'C'�'r✓ ` ,v�(/,� �'2 �/ Notary Sea l.L Notary Seal: +W JESSICA TORRES CORTES • ` ` ` ` 10MV Commission 8 1468437 JESSICA TORRES CORTE$ Notary Public•California Commission# 1468437 Los Angeles CountyNotary PubBc-Colllorrda Comm.Expires Feb 6,2008 Los Angeles County J — _ _ My Comm.Expires Feb 6,20081 13 S t i ' - �Pu r 7 �. oy�. �. x i �, u'wr� EXHIBIT"A" SCOPE OF SERVICES Contractor shall provide all services, including all supervision, labor, equipment and materials, and all other resources necessary for the proper collection, transportation, disposal and/or destruction of waste materials from the Palm Springs City Yard and two Cogeneration plants. Waste Materials: Waste Materials to be collected include: liquids and solids contained in one (1) oil/water separator/clarifier located behind Fleet Operations building waste oil contained in 250 gallon tank located at Fleet Operations building waste antifreeze/coolant contained in 150 gallon tank at Fleet Operations building waste oil filters media-metal contained in 55 gallon drums located at Fleet Operations building empty 55 gallon fresh oil drums waste lubricating synthetic oil contained in one (1) 250 gallon tank and one (1) 500 gallon tank located at Cogeneration plants waste oil filters media-paper contained in 55 gallon drums located at each Cogeneration plant waste automobile batteries (wet acid) on pallets liquid acids (all types) contained in 15 gallon drums Additional Services: Each time that waste oil barrels are collected, Contractor shall service the Surrounding secondary containment, including, but not limited to, collection of any materials contained therein. As Needed Services: When the City identifies a waste that warrants removal, the City's Contract Officer will contact Contractor to investigate the nature of the waste and provide to the Contract Officer a quotation for the necessary collection, transportation, disposal and/or destruction of the material. Contractor shall not engage in any work until a scope of services and related compensation is reviewed and approved in writing by the City's Contract Officer. Rates for the services provided shall be in accordance with the rates identified in Exhibit "C" Schedule of Compensation herein or as otherwise approved in writing by the City's Contract Officer. 14 EXHIBIT "C" SCHEDULE OF COMPENSATION Total Compensation: Total compensation for services provided hereunder shall not exceed $24,000. Rate Schedule: Services provided by the Contractor shall be compensated at the following rates: For Waste Oil (including Lubricating oil from Coqen): Liquid $0.10 per gallon Service Fee $65.00 per pickup For Waste Anti-Freeze/Coolant: Liquid $0.70 per gallon For Drained Used Oil Filters: Filters $35.00 per 55 gallon drum Replacement(empty) drums $20.00 per 55 gallon drum For Oil/Water Separator Waste: Liquids $0.75 per gallon Solids $3.15 per gallon Transportation Fee $71 per hour, portal-to-portal Vehicle Clean-out Fee Included in above rates For Automobile waste Batteries and Liquid Acids: Batteries $225.00 per pallet(3 high) Liquid Acids $175.00 per 15 gallons Transportation Fee $62.00 per visit, portal-to-portal, including all paperwork and profile fees. As Needed Services: When the scope of service includes rates for services not identified above, Contractor shall propose rate in a written quotation for the Contract Officer. No work shall be performed until the City's Contract Officer approves both the scope of work and the rate of compensation. 16 EXHIBIT°D° SCHEDULE OF PERFORMANCE Term: The term of this Agreement shall be for three (3) years. Scheduling of Services: Services shall be provided on an as-required basis. All services to be performed will be requested by and coordinated with the Fleet Operations Manager or Facilities Maintenance Manager, or their designee. Estimated Frequency of Services: The estimated frequency of the services to be performed, subject to change, are as follows: Oil/water separators: 1 servicing of separator per year Waste Oil (including Cogan waste lubricating oil) : 16 pickups per year Waste Anti-Freeze/Coolant: 5 pickups per year Waste Oil filters (including oil filter media-paper): 12 pickups per year Waste automobile batteries and liquid acids: 2 pickups per year 17 TE ACORD. CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 1 02/10/2005 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. - Regional Cart Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Asbury Environmental Services INSURERA American Home Assurance Company 19380-001 2100 North Alameda Street INSURERS:American International Specialty Lines In 268E3-002 Compton, CA 90222 INSURERC. 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 IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTH INSR0 TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A X GENERAL LIABILITY 692166 10/31/2004 10/31/2005 EACH OCCURRENCE $ 11000,000 X COMMERCIAL GENERAL LIABILITY PREMISESOI occoanee) $ CLAIMS MADE Y OCCUR MED EXP(Anyone person) $ PERSONAL&ADV INJURY 5 11000,000 GENERALAGGREGATE $ 2,000,000 GGEEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAGG $ 2,000,000 X1 POLICY F JECTPHI- LOG A AUTOMOBILE LIABILITY 7204747 10/31/2004 10/31/2005 COMBINED SINGLE LIMIT $ 2,000,000 _ ANYAUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY _ SCHEDULEDAUTOS (Perpereon) $ X HIREDAUTOS BODILY INJURY X NON-OWNED AUTOS (Peraccldenl) $ X All Commerical Autos PROPERTY DAMAGE (Per accident) $ GARAGELIABILITY AUTO ONLY-EA ACCI DENT $ ANYAUTO OTHERTHAN EAACC S AUTO ONLY AGO $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND 7207919 2/15/2004 2/15/2005 X ITORY LIMITS GER EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 Ilyee,deecnbe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 S OTHER 1368025 10/31/2004 10/31/2005 Pollution $5,000,000 Each Lose $5,000,000 Aggregate Deductible - $100,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability Policy Limits are excess of $100,000 Self Insured Retention each Accident. Certificate Holder is named as Additional Insured if Additional insured endorsement is required by contract. Additional Insured: City of Palm Springs. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Cityy of Palm Springs REPRES NTATIVES. 3200 E. Tahquitz Canyon Way AUT ED REPRE�TATIV Palm Springs, CA 92262 ACORD 25(2001/08) Col1:1216225 Tpl:345758 Cert:54�36 ©ACORD CORPORATION 1988 Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25(2001/08) Co11:1216225 Tp1:345758 Cert:5456836 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 INSURED: Asbury Environmental Services POLICY NUMBER: 692166 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s)or Organization(s) City of Palm Springs. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section 11—Who is An Insured is amended to in- clued as an additional insured the person(s)or organi- zation(s)shown in the Schedule,but only with respect to liability for"bodily injury","property damage"or "personal and advertising injury"caused,in whole or in part,by your acts or omissions or the acts or omis- sions of those acting on your behalf.. A. In the performance of your ongoing operations;or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ISO Properties,Inc., 2004 Page 1 of 1 Best's Rating Center - Search Results Page 1 Page 1 of 1 M View Ratings.Financial Strength Issuer Credit&Securities Advanced Search Other Web Centers: Select One Search Results page 1 of 1 5 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with American Home Assurance To refine your search, please use our Advanced Search or view our Online Help for more information. 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Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company' strength,operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet i obligations,including those to policyholders.View our entire notice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers About A.M.Best I Site Map I Privacy Policy I Security I Terms of Use I Legal&Licensinq Copyright O 2005 A.M.Best Company,Inc.All rights reserved. A.M.Best Worldwide Headquarters,Ambesl Road,Oldwick,New Jersey,08858,Us A http://www3.ainbest.com/ratings/RatingsSearch.asp?A1tSrc=9 3/29/2005 Best's Rating Center - Search Results Page 1 Page 1 of 1 k� wr f%) View Ratings Fin anc_al Strength Issuer Credit&Securities Advanced Search Other Web Centers Select One Search Results page 1 of 1 1 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with american International Specialty To refine your search, please use our Advanced Search or view our Online Help for more information. 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Customer Service I Product Support I Member Center I Contact Info I Careers About A.M.Best I Site Map I Privacy Policy I Securi I Terms of Use I Legal&Licensing Copyright©2005 A M Best Company,Inc.All rights reserved A M Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858,U.S.A. http://www3.ambest.com/ratings/RatingsSearch.asp?A1tSrc=9 i 3/29/2005