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04910 - CURBSIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
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Itox = .,. - tl_dtl 1 T 1 i Curbside, Inc Waste Collection AGREEMENT #4910 Dept Head signed 6-24-04 CONTRACT to Continue Door-to-Door Household Hazardous Waste Collection Program THIS CONTRACT SERVICES AGREEMENT(herein"Agreement"),is made and entered into this Q Y~ lay of 1:s,,�� 2004,by and between the CITY OF PALM SPRINGS,(herein "City"), a mul, cipal corporation and CURBSIDE, INC., a California Corporation. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit"A"and incorporated herein by this reference,which services maybe referred to herein as the "services" or "work" hereunder. Contractor warrants that all services will be performed iri 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 Contractors 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 ofthe City and anyFederal, 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 maybe imposed bylaw and arise from or are necessary for the Contractor's performance ofthe 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)fullyunderstands the facilities, difficulties and restrictions attendingperformance ofthe services under this Agreement. Ifthe services involve work upon any site,Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions,which will materially 1 affect theperformance ofthe services hereunder,Contractor shall iinrnediatelyinform the Cityofsuch fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to famish continuous protection to the work, and the equipment, materials, papers, documents,plans,studies and/or other components thereof to prevent losses or damages,and shall be responsible for all such damages,to persons or property,until acceptance of the work by City,except such losses or damages as maybe 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 maybe reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified,neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering,adding to or deducting from said work. No such extra work maybe undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sun, and/or (ii) the time to perform this Agreement,which said adjustments are subject to the written approval ofthe Contractor. Anyincrease 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 or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terns 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$80.00 per stop for collection of recyclable household hazardous waste (HHW) and $105.00 per stop for collection of nonrecyclable HHW and $60 for used oil and filters 2 They also propose to offer a"fee for service"collection of Household Hazardous Waste from younger low-income residents of Palm Springs, at a rate to be paid by the customer of $75.00 for collection of recyclable household hazardous waste(HHW) and$150.00 per stop for collection of nonrecyclable HHW. Contractor will pay City a ftanchise fee of$5.00 per$75.00 charged to participants. 2.2 Method of Payment. Contractor shall, on a monthly basis, submit to City an itemized invoice for compensation for services performed. Contractor shall on a monthly basis, submit to City an itemized listing of all completed sales indicating the total of each sale and the fee earned by City for that charge. City at its discretion will direct Contractor when and how to make payment. The amount due to City can accumulate and be used at City's sole discretion to fund additional collections for other approved uses. Payment must be made to City within 45 days after the end of the calendar month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period established in Section 3.4 of this Agreement. 3.3 Force 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 Tenn. 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. 3 4.0 COORDINATION OF WORD 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 person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontractingor r Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred,assigned, conveyed,hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent(25%)of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform 4 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. Contractor shall procure and maintain,at its sole cost and expense,in a form and content satisfactory to City, during the entire tenn 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 aperoccurrencebasis.Ifthe 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. Ifthe Contract Sum is greater than$25,000.00 but less than or equal to $100,000.00,the policy of insurance shall be in an amount not less than either(i) a combined single limit of$1,000,000.00 for bodily injury, death and property damage or(ii)bodily injury limits of$500,000.00 per person,$1,000,000.00 per occurrence and$1,000,000.00 products and completed operations and property damage limits of$500,000.00 per occurrence and$500,000.00 in the aggregate. Ifthe Contract Sum is greater than $100,000.00, the policy of insurance shall be in an amount not less than$5,000,000.00 combined single limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify,insure and provide legal defense for both the Contractor and the City against any loss,claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in au 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,includingprofessional liability insurance, as may be required in the Special Requirements. 5 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 ofsaid policies ofinsurance 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 Citywith Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of hisurance 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 anyportion ofthe work in compliance with Section 4.3 ofthis 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 Indenmification. 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 tern, 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 ofthe City,its officers,agents or employees,who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys'fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or 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 parry to any action or proceeding filed or prosecuted against Contractor for such damages or other claims 6 arising out of or in connection with the negligent performance of or failure to perfonn 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 ofthis Agreement,Contractor shall deliver to City a perfonmance 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 onlyif the Contractor promptly and faithfullyperforms all terns 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 ofBest 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 right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager. 6.0 RECORDS AND REPORTS 6.1 Reports. Contractor shall periodicallyprepare and submit to the Contract Officer such reports concerning the performance of services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor shall keep,and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City,including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three(3)years following completion ofthe 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 7 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 docuuments 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 ofDocuments. 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 Disputes. In the event of any dispute arising under this Agreement,the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring parry 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 maybe permitted by the injured party;provided that if the default is an immediate danger to the health,safety and general welfare, such imrediate 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 nothingherem 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 parry,the amount or validity of which is disputed by Contractor,or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due,without liability for interest because of such withholding,an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure,indemnify, and protect City as elsewhere provided herein. 8 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 in equity,to cure,correct or 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 Damages. 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 Tennination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time,with or without cause,upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. hi addition,the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause,upon sixty(60)days'written notice to City, except that where tenmination 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 priorto the effective date ofthe notice oftennination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation(Exhibit"C")or such as maybe approved by the Contract Officer,except as provided in Section 7.3. In the event oftennination 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 tennination 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 that the City shall 9 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 Attomgys'Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing parry in such action or proceeding,in addition to any other reliefwhich maybe granted,whether legal or equitable,shall be entitled to reasonable attorney's 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 the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of Cijy Officers and Employee . No officer or employee ofthe 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 Against 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. Anynotice,dernand,request,document,consent,approval,or communication either party desires or is required to give to the other parry or any other person shall be in writing and either served personally or sent byprepaid,first-class mail,in the case ofthe City,to the City Manager and to the attention ofthe Contract Officer,City OF PALM SPRINGS,P.O.Box 2743,Pahn 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 conununicated at the time personally delivered or in seventy-two(72)hours from the time of mailing if mailed as provided in this Section. 10 9.2 hiterpretatiou. The terms ofthis Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration;Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations,arrangements,agreements and understandings,if any,between the parties,and none shall be used to interpret this Agreement. This Agreement maybe amended at any tine 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 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 ofthe 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 parry 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 "A" as the"Pay as you throw"HHW materials and Recycled materials. 11 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below. DATE: CITY OF PALM SPRINGS ��' ATTE T. � .J®� City Clerk r "CONTR'ACTOgR" N C ,"STE,INC. By: ,y Signature Print Name &Title Corporations require two NOTARIZED signatures: �, One from each of the following: 6 �e d'a s_ . A. Chairman of Board,President, any Vice President:AND B.Secretary, Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). By: Signature Print Name&Title APPROVED AS TO FORM: CITY ATTORNEY y,"'�'nove'U �1° ATTACHMENTS: EXHIBIT"A" SCOPE OF SERVICES EXHIBIT'B" SPECIAL REQUIREMENTS EXHIBIT"C" PROPOSAL 12 State of California) ) SS. County of Riverside) On �'kS d,before me, �, ��'�";��'_' ` "� `-' ,Notary Public,personally appeared ? �t, 2 awl •E)r Q-1'.A L t personally known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal- CIA _�Yar�• Not Public "\� ClanNGTARV PU6LIL".CALIF 9 QRAN GF GOkI(.ITY State of California) ) SS. County of Kiuer-side) f On �=L 11j'r1c3 l before me, Notazy Public,personally appeared Viz.,tic.'cam 'k,. „,, personally known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. c, Notary Public taT 6l.CARCMb "n i vL5� RY PUBLICnr-m V07A 20007a CALIFORNN } c ORANGE'-GgUNTV -oy COPFI: M1YP.NGV,u,20" C) 13 Exhibit "A" Scope of Services Curbside, Inc. (Contractor) will continue with a comprehensive collection system for the year- round management of household hazardous waste in the City of Palm Springs with free-to- residents Door-to-Door HHW collection from low-income senior or disabled citizens on a demand basis. 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. Budgeting for the program is simple. Curbside will charge a fee of$105.00 per HHW collection, $80 per ABOP collection and $60 for used oil and filters. For this fee we will: Collect the contents of the kit(provided) via U.S. Mail (HHW only) 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 ABOP collections are limited to used oil, filters, three auto batteries and five gallons of latex paint. Motor oil must be in containers of five gallons or less. Used oil only program collects unlimited used oil in containers of five gallons or less. Up to 10 used automotive oil filters (tractor filters are collected at cost to participant) 55 gallon drums will be collected if the resident pays the recycling and handling fee for the drum and the oil is not contaminated. 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. HHW stops include collection of the bag(fits up to 100 pounds of waste) and outside the bag up to three(3) auto batteries and four(4) fluorescent bulbs. There must be at least eight participants on a specific day for a collection to be completed. This includes neighboring Valley stops. The following documents explain the program in more detail and are included in the attached proposal: 1. Door-to-Door program operational plan 2. Acceptable and unacceptable waste with disposal options for excess, commercial and 14 unacceptable waste. 3. Public Education efforts, what is and is not included in the basic program 4. E-waste Collection 5. Sharps mail back program ASSISTANCE WITH PUBLIC EDUCATION Curbside will provide assistance to City Staff for the development and implementation of a successful public education program.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 EXCESSIVE WASTE/UNACCEPTABLE WASTE Curbside accepts a reasonable quantity of waste (the contents of the bag), in some cases more than 100 pounds. Events generally 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 standard program. The resident can,however,pay for the cost of collecting these materials. Our Stormwater Small Business Program prices are offered for these circumstances. ELECTRONIC WASTE COLLECTION The HHW program as proposed includes the collection of electronic waste. from seniors living within the city. Curbside will charge a price per item collected as indicated on attached e-waste pricing form.If HHW is being collected at the same time a$5.00 handling fee will be charged for the e-waste. If HHW is not being collected a$40.00 stop fee will be charged plus the price per item for the e-waste materials collected. Beginning in October 2004 when SB 20 takes effect the recycling of TV's, Monitors and laptop computers will be recycled at no cost to the City. Transportation fees will still apply. All other e-waste collected will continue to be billed per the attached pricing form. 15 SHARPS ELEMENT Residents can call the toll-free hotline and order a Sharps Kit. There are various container sizes available,however,the one-gallon size is the best value. The kit is mailed directly to the resident from the fulfillment house. The resident opens the kit which is comprised of a plastic bag, tie, shipping form, plastic sharps container and postage paid mail back box. After the sharps container is filled, the resident fills in the shipping form, seals the container in the plastic bag, places the container in the postage paid shipping box and mails it. When the participant drops the kit into the mail, it is sent directly to an approved incinerator. There is no liability for the resident or the City. The entire kit is Postal Service approved. If the resident wants another kit, they call the 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: 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-hi 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 requested 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. 16 E PROPOSAL Household Hazardous Waste Management Program City of Palm Springs April 20, 2004 PROGRAI I SUMMARY: Curbside Inc (Contractor)will continue with a comprehensive collection system for the year round management of household hazardous waste in the City of Palm Springs with a free-to- residents Door-to-Door HHW collection from low income senior or disabled citizens on a de- mand basis. 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. Seniors will also to be able to dispose of electronic waste through this program. 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)will be collected and placed on the same vehicle with chemicals and other HHW. Budgeting for the program is simple. Curbside will charge a fee of$105.00 per HHW collec- tion, $80 per ABOP collection and $60 for used oil and filters. For this fee we will: Collect the contents of the kit (provided) via U.S. Mail (HHW only) 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 LBOP collections are limited to used oil, filters, three auto batteries and five gallons of latex t paint. Motor oil must be in containers of five gallons or less. Used oil only program collects unlimited used oil in containers of five gallons or less. Up to 10 used automotive oil filters (tractor filters are collected at cost to participant) 55 gallon drums will be collected if the resi- dent pays the recycling and handling fee for the drum and the oil is not contaminated. Copyright C 2004 Curbside Inc. Page I k a E 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. HHW stops include collection of the bag (fits up to 100 pounds of waste) and outside the bag up to three (3) auto batteries and four(4) fluorescent bulbs. There must be at least eight participants on a specific day for a collection to be completed. This includes neighboring Valley stops. The following documents explain the program in more detail: d k " 1. Door-to-Door program operational plan 2. Acceptable and unacceptable waste with disposal options for excess, commercial and unacceptable waste. 3. Public Education efforts, what is and is not included in the basic program 4. E-waste Collection 5. Sharps mail back program t v �r u F i< c u P r t w Curbside,Inc. 6 '�,,�� 1605 N. Spurgeon St. _ Santa Ana,CA 92701 Phone: 714-542-2222 (ext. 115) Fax: 714-542-2224 E-mail: wanderson@curbsideine.com www.curbsideinc.com Copyright©2004 Curbside Inc. Page 2 DOOR-TO-DOOR HOUSEHOLD HAZARDOUS & E-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 and or e-wastefor pickup. 2. An HHW Kit will be provided to each participant who has HHW materials for collection by Curbside prior to the collection day. 3. On the scheduled day, the resident places the kit bag and or a-waste 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. The "kit' was designed to ensure that residents set out for Collection "Kit': collection only acceptable HHW waste gathered in one location, safe from children and the weather. The kit is mailed to every participant requesting a full service HHW collection . The kit will usually arrive about three days or more in advance of a collection. The kit contains the following: Industrial size 4 mil bag (clearly labeled as household hazardous waste) - of sufficient size to contain an average of 100 pounds of toxic material One-way secure tie and label for bag — used to secure bag and keep moisture out. Pre-printed and blank labels — residents use for items not in original containers k 1� s Coppight©2004 Curbside Inc. Page 3 II f Instruction Sheet—complete program instructions and use of packaging materials Survey card — postage paid card, participants mail directly to the City. The bag is used to insure that all of the waste set out for collection is contained. Use of this containment device will help reduce overall program cost by limiting the amount of waste the resident is allowed to set out for collection (the program cost is based upon a pre-determined profile of the quantity and types of waste typically collected in this type of program). Waste secured inside this very heavy, industrial bag, will not be exposed to the elements. While we will not usually accept leaking containers, should an oil or paint can leak, all material will be contained. With the exception of automotive batteries and fluorescent tubes all material collected per stop must be contained within the bag. 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 30 minutes. A fee of$45.00 per hour will be charged for any additional time expended over the allowed 30 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 30 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. All HHW waste and a-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. Management of waste: Household hazardous waste is co-mingled as it is collected. li Waste from one community is often co-mingled with waste from other local communities. Curbside prepares shipping documents when we ship waste for recycling or disposal. We retain copies of these documents. a Copyright©2004 Curbside Inc. Page 4 u' G I t� Insurance Coverage: Curbside provides a one million dollar insurance policy to meet State of California MCS 90 standards. This policy covers liability and pollution caused as a result of Curbside Inc. operations. The City will be added as a named insured and indemnified in the final contract. Copyright 0 2004 Curbside Inc. Page 5 r li I. HOUSEHOLD HAZARDOUS WASTE MATERIALS ACCEPTABLE WASTE: UNACCEPTABLE WASTE: Garden Chemicals Biological waste Insect sprays Weed killers Radioactive materials Other poisons Fertilizer Smoke detectors Swimming Pool Chemicals Pool acid Ammunition Chlorine: tablets, liquid Automotive Waste Explosives Motor oil Antifreeze Leaking containers Waxes Polishes Unknowns (must be tested) Cleaners Brake fluid Fire extinguishers Gasoline Used oil filters Pressurized cylinders Oily rags Transmission fluid Tires Windshield washer fluid Hydraulic fluid Appliances (larger than microwave) Automotive batteries Paint Products Waste in 6 gallon or larger container Oil based paint Latex paint Commercial chemicals (for business use) Spray paint Stripper Asbestos Stains Caulking Trash Wood preservative Glue Construction materials Thinner Household Cleaners Not more than five gallons of driveway sealer Bleach Cleaning compounds Liquid mercury Floor stripper Drain cleaner Tile remover NOTE: Tile cleaners Rust remover Many of the above items will be accepted upon Misc. Household approval at additional cost to the City or resident. Household batteries Residents will be told to contact their local fire Electronics, TV, CRT, consumer items department for explosives, ammunition, fire extin- Fluorescent tubes guishers and pressurized gas cylinder disposal. Thermometers Hobby glue Leaking containers can be collected after the Artist's paint resident has repackaged them. Unknowns that Other materials made for use at home can be identified by the resident will be taken. There is a fee to identify unknowns. Copy igbt©2004 Curbside Inc. Page 6 r f{ PUBLIC EDUCATION Assistance with Public Curbside will provide assistance to City Staff for the development . Education (available at no cost): and implementation of a successful public education program. 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- Communications plus-15% markups apply for outside purchases. Services fees a I : Here is a partial list of the services we offer: • Program planning • Grant writing Public event planning • Program presentations to groups Advertising production Promotion and specialty advertising handouts • Media planning and buying • AlV stages of art from rough concept to final design and camera-ready art • Press relations • Speech writing Video production Signage • Exhibit design and production • Web site design Copyright 0 2004 Curbside Inc. Page 7 (^ Excessive waste/ unacceptable waste: Curbside accepts a reasonable quantity of waste (the contents of 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 Stormwater Small Business Program prices are offered for these circumstances. Electronic Waste Collec- The HHW program as proposed includes the collection of tion: electronic waste. from seniors living within the city. Curbside will charge a price per item collected as indicated on attached e-waste pricing form. If HHW is being collected at the same time a $5.00 handling fee will be charged for the e-waste. If HHW is not being collected a $40.00 stop fee will be charged plus the price per item for the a-waste materials collected. Beginning in October 2004 when SB 20 takes effect the recy- cling of TV's, Monitors and laptop computers will be recycled at no cost to the City. Transportation fees will still apply. All other e-waste collected will continue to be billed per the attached pricing form. p a Copyright C 2004 Curbside Inc. Page 8 SHARPS ELEMENT Residents can call the toll free hotline and order a Sharps Kit. There are various container sizes available, however, the one-gallon size is the best value. The kit is mailed directly to the resident from the fulfillment house. The resident opens the kit which is comprised of a plastic bag, tie, shipping form, plastic sharps container and postage paid mail back box. After the sharps container is filled, the resident fills in the shipping form, seals the container in the plastic bag, places the container in the postage paid shipping box and mails it. When the participant drops the kit into the mail, it is sent directly to an approved incinerator. There is no liability for the resident or the City. The entire kit is Postal Service approved. If the resident wants another kit, they call the 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: 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. Copy'ight C 2004 Curbside Inc. Page 9 ffMI ACORD CERTIFICATE OF LIABILITY INSURANCE DATE26/DD003 „, 11/26/2003 PROoucl;a (949)622-SS17 FAX (949)622-SSIa THISCERTIFICATE IS ISSUED ASA MATTER OF INFORMATION GSM Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Lic. #OD15612 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 19200 Von Karman Ave. #400 '---)'ne, CA 92612 INSURERS AFFORDING COVERAGE NAIC# IN-_..ED Curbside, Inc. INsuRERA: American Int'l Specialty Lines 26883 1605 N. Spurgeon St. INSURERS. Commerce & Industry Ins. Co. 19410 Santa Ana, CA 92701 INSURERC. INSURER 0: INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDIN ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. LTR NSR TYPEOFINSURANCE POLICY NUMBER DATE M6VUD/1'Y DATE MM/D LIMITS GENERAL LIABILITY 341 77 66 11/23/2003 08/23/2004 EACHOCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LABILITY PREMISES Eso eMe S 100,D00 CLAIMSMADE aOCCUR MEOEW(AnyenepMmn) S 25.000 A PERSONAL&ADV INJURY L 1.000,000 GENERAL AGGREGATE S 1,000,000 GENL AGGREGATE UMITAPPLIES PER: PROOUCTS•COMP/OPAGO S 1,000,000 POLICY j��T LOC AUTOMOBILE LIABILITY CA 808 77 11 11/23/2003 08/23/2004 COMBINED SINGLE LIMIT S X ANYAUTO (CaapXCent) 1,000,00 ALL OWNED AUTOS BODILY INJURY SCNEOULEDAUTOS (Perpe ) S B HIRED AUTOS BOOBY INJURY NON-0WNEDAUTOS (Peraceidgm) S PROPERTY DAMAGE S (Peracadenl) GARAGE LIAMUTY AUTO ONLY•EA ACCIDENT $ ANY AUTO OTHERTHAN EA ACC $ AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR El CLAIMS MADE AGGREGATE $ S DEDUCTIBLE S RETENTION $ S WORKERS COMPENSATION AND I TORYLIMITS I I ER EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE•EA EMPLOYEE $ It yes,describe under SPECIAL PROVISIONS below EL DISEASE•POLICY UNIT S OTHER 341 77 66 11/23/2003 09/23/2004 $1,000,000 each loss Contractor's Pollution $1,000,000 total all losses A Liability DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS the general liability policy includes the certificate holder as an additional insured with Tegard to work performed by or on behalf of the Named Insured where required by written contract. "Except 10 days 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 X)OU00M MAIL n City of Palm Springs 70'a DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LPFT, Office of The City Clerk Attn: Patricia A. Sanders BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION ORlIAB1UTY 3200 Tahquitz Canyon way OF ANY KIND UPON THE INSURPR,RS AGENTS O REPRESENTATIVES. Palm Springs, CA 92262 AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) @ACORD CORPORATION 1988 2i2:d S22822£09L1:D1 62222bSbtiL. ONI saisedno:woaA d9£:2o baa2-L-'lnf