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HomeMy WebLinkAbout04878 - WASTE MANAGEMENT BURRTEC WASTE RELEASE WAIVER RIGHTS s Waste Management Burrtec Waste Waiver AGREEMENT #4878: Mayor signed 5-4-04 RELEASE AND WAIVER OF RIGHTS THIS REL SE AND WAIVER AGREEMENT ("Agreement") is made this ° day of t,�varch 1, between the CITY OF PALM SPRINGS ("City"), WASTE MANAGEMENT OF CALIFORNIA, INC., a California corporation, and BURRTEC WASTE INDUSTRIES, INC., a California Corporation, and PALM SPRINGS DISPOSAL SERVICES, a California corporation. Each of the corporations is individually referred to as "Proposing Party," although it is intended that Burrtec Waste Industries, Inc. and Palm Springs Disposal Services will submit a joint proposal. The City and the Proposing Parties may be referred to individually as "Party' or collectively as "Parties." RECITALS WHEREAS, the State of California ("State") has found and declared that the amount of solid waste generated in California, coupled with diminishing landfill space and potential adverse environmental impacts from land filling have created an urgent need for State and local agencies to enact and implement an aggressive new integrated waste management program; and WHEREAS, through enactment of the California Integrated Waste Management Act of 1989, the State has directed the responsible State agency, and all local agencies, to promote recycling and to maximize the use of feasible source reduction, recycling and composting options in order to reduce the amount of solid waste that must be disposed of by land disposal; and WHEREAS, for more than a decade, the City has expended significant resources to explore various mechanisms which may enhance waste disposal and recycling within the City; and WHEREAS, the City has determined that it is in the best interest of the City to delegate the responsibility for constructing, managing and operating the Transfer Station receiving waste from the City to a private company with experience and expertise in the construction, management and operation of Transfer Stations, with the objectives of providing recycling and other services to maximize the utilization of the Transfer Station and to earn money for the City; and WHEREAS, the City participated in a valley-wide study of the development of a regional "Transfer Station," as defined below, which study commenced in 1993; and WHEREAS, also in 1993, the City began working with its waste hauler, Palm Springs Disposal Services ("PSDS") to develop a facility within the City which would include composting, materials recovery and a transfer station (collectively, "Transfer Station"); and WHEREAS, the City's endeavor with PSDS initially identified a specific technology, owned by Bedminster Bioconversion Corporation, which the City wished to incorporate into its Transfer Station; for cost reasons, the technology was later replaced with the Herhof Bio-Cell technology and WHEREAS, the valley-wide study did not result in a valley-wide Transfer Station; ultimately, in 2002, Riverside County ("County") initiated a process which resulted in the 1003/028129395 v4 1 2002 decision by the County to select Waste Management to construct a Transfer Station during fiscal year 2004-2005, in a location known as Edom Hill ("Edom Hill Transfer Station"), pursuant to a 30-year lease with the County; and WHEREAS, the Edom Hill Transfer Station is intended to replace the County's Edom Hill Landfill "Existing Transfer Station" which will be closed as the result of reaching its capacity in late summer or early fall 2004; and WHEREAS, the City conducted a validation action in 1999 to obtain approval of a contract amendment between the City and PSDS and to obtain authorization for the expenditure of funds from the City's Recycling Fund to develop and operate the Transfer Station and related recycling programs developed by PSDS; and WHEREAS, said validation action, The Matter of the City of Palm Springs v. All Persons Interested in the Matter of the Approval and Confirmation of the Fourth Amendment to Agreement No. 3082, Case No. 010728, was successful; and WHEREAS, the City and PSDS executed a new agreement relative to waste management within the City ("2003 PSDS Agreement"); and WHEREAS, while negotiating the 2003 PSDS Agreement, the City advised PSDS that, although the City desired to continue discussions relative to the Transfer Station with PSDS, PSDS would need to obtain a partner experienced in the construction and operation of Transfer Stations; and WHEREAS, in August of 2003, PSDS proposed that the City accept Burrtec Waste Industries, Inc. ("Burrtec") as PSDS's partner in the Transfer Station project; and WHEREAS, Burrtec is an organization whose principals have experience and expertise in the construction, management, operation and marketing of facilities such as the proposed Transfer Station; and WHEREAS, Burrtec has acquired a parcel of property at 191h Avenue and McLane ("Burrtec Site"), within the City, and has submitted an application to the City's Planning Department relative to the development and operation of a Transfer Station on the Burrtec Site which could process 500 tons of waste material per day; and WHEREAS, the City has had several meetings with Burrtec and PSDS to discuss their understanding of the details of a Transfer Station, including the finances and environmental approvals necessary for the construction and operation of a Transfer Station within the City; and WHEREAS, on or about December 10, 2003, Waste Management, through its legal counsel, raised concerns about the City's proposed construction of a Transfer Station within the City and suggested that, instead, the City elect to participate in the construction and operation of the Edom Hill Transfer Station; and WHEREAS, Waste Management has suggested that the City's participation in the Edom Hill Transfer Station could fulfill the same objectives with less financial and other risks for the City; and 1003/028/29395 0 2 WHEREAS, after hearing from Waste Management, the City has held several meetings with Waste Management to discuss Waste Management's proposal relative to the Edom Hill Transfer Station; and WHEREAS, the City has now received specific proposals from both Burrtec and Waste Management relative to the City's disposition of its waste material via a Transfer Station; and WHEREAS, the City has not shared Burrtec's proposal with Waste Management, nor has the City shared Waste Management's proposal with Burrtec; and WHEREAS, there are substantial differences between each proposal, including, but not limited to, each Proposing Party's theories behind the: operation of the facilities, ownership of the facilities, rates to be charged, financing, the financial return to the City; and WHEREAS, the City believes that it is in its best interests to have the ability to determine where its solid waste is taken for recycling and disposal and that the City benefits from being able to consider competing proposals such that the City has created a process, as set forth below, to obtain each proposer's best offer relative to the City's use of a Transfer Station, to evaluate the submitted proposals and to select the proposal which shall be most beneficial to the City; and WHEREAS, after selecting the most beneficial proposal to the City, the City intends to then negotiate a contract with the party who submitted said proposal; and WHEREAS, by executing this Agreement, the Proposing Party expressly agrees that the "Proposal Process" relative to the Transfer Station, as described below, is in the best interests of the citizens of the City, the Coachella Valley community, Burrtec, PSDS and Waste Management; and WHEREAS, by executing this Agreement and agreeing to participate in the Proposal Process, the Proposing Party expressly acknowledges that its participation in this Proposal Process is adequate consideration for executing this Agreement and that the Proposing Party hereby agrees to waive any and all rights to object to the Proposal Process or interfere with the project should they not be selected, or to sue the City relative to this Agreement and the Proposal Process. NOW, THEREFORE, THE PARTIES HERETO INCORPORATE THE ABOVE- LISTED RECITALS AND AGREE AS FOLLOWS: 1. Identity of Proposers. The City hereby agrees to limit the Proposers to the competing teams consisting of (a) PSDS and Burrtec, and any affiliated entities, and (b) Waste Management and any affiliated entities. The Proposing Parties are limited to these two groups due to their past involvement, over many years, their demonstrated expertise, and City's determination that each entity has the capability to undertake the project contemplated. No proposals by any other entity will be accepted. 2. Proposal Process and Deadline for Submittal. Each Proposing Party shall submit ten (10) copies of its sealed proposal relative to the construction and operation of a Transfer Station to John Raymond, the City's Director of Community and 1003/028/29395 v4 3 Economic Development, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262 no later than 4:00 p.m. on April 9, 2004. It is the responsibility of the Proposing Party to ensure that any submittal sent through the mail shall have sufficient time to be received by the specified date and time. Telephonic, telegraphic or facsimile submittals will not be accepted. Any proposal not received in a timely fashion will be returned unopened and will not be considered by the City. 3. Contents of the Proposal. Each proposal shall be considered the 'last, best and final offer" of that Proposing Party. Accordingly, each proposal shall address, in as much detail as possible, the following issues with respect to that Proposing Party's proposed Transfer Station. If one of these issues is not applicable to a Proposing Party's proposal, that Proposing Party shall identify the issue and respond that the issue is not applicable. - each of the facilities to be constructed as part of the Transfer Station - any additional significant facilities which may be subsequently added to the Transfer Station and the anticipated time frame for such addition - an explanation of the length and nature of any waste flow commitments - a preliminary site plan identifying the amount of space required for the various transfer station activities - the estimated number of months from the time that the City approves a Transfer Station contract to the commencement of operations at the Transfer Station, with a schedule that breaks down the development time into key activities the budgeted cost to construct the Transfer Station and any potential additional facilities, broken down by major cost component including land, design, permitting, site development, buildings and facilitieslimprovements, stationary equipment, rolling stock equipment and other the proposed tipping fee per ton, broken down into the following components: host fees or county fees, transfer station operation, transport operations (long-hauling to landfill) and landfill disposal, and the effect on the tipping fee if the City provided some or all of the capital required to construct the Transfer Station state how often the tipping fee will be adjusted and the adjustment formula which will be used to adjust the tipping fee - an explanation of all other rates and charges to be collected at the Transfer Station, as well as how and when any increases will be determined 1003/028/29395 0 4 explain the terms and conditions of the City's potential capital contribution and whether the capital contribution will lead to an equity interest in the Transfer Station during the contract term or at the contract's conclusion a complete financial proforma for the Transfer Station identification of how the project will be financed and sources of financing the desired financial participation by the City as well as the time frame for the payments from the City the financial returns anticipated to be received by the City, as well as how and when any increases will be determined the key employees of the Proposing Party who will be involved in the construction and operation of the Transfer Station, including each person's education and experience the construction phases and schedule and when the Transfer Station would be scheduled to open a specific discussion of why the Proposing Party's proposal would be the most beneficial to the City the specific mitigation measures to limit impacts of the Transfer Station on adjacent property and a description of the environs of the Transfer Station and any sensitive land uses the operational parameters, including amount and types of materials to be processed, number and type of employees (including salaries), hours of operation, safety programs, whether the Transfer Station will accept recyclables and/or green waste, and any special programs and any other relevant factors the permitted daily tonnage capacity and anticipated daily tonnage though-put at the start of operations, as well as the estimated annual tonnage by waste category (refuse, recyclables, green waste, C&D, etc) and the estimated jurisdiction of origin for loads originating outside of the City if the Transfer Station will accept recyclables and/or green waste, specify the terms for accepting such materials as well as the pricing for each, including any tipping fees explain and describe whether the Transfer Station will be able to perform recovery operations, such as mixed waste processing of refuse loads, or C&D recovery, and estimate the annual amount of such processing 1003/028/29395 v4 5 describe what pre-processing, if any, will be performed on commingled recyclables and green waste loads that are consolidated at the Transfer Station for delivery to processors explain where green waste and recyclables that are consolidated and transported from the Transfer Station will be taken, as well as the tipping fees and/or other payments per ton which must be paid at such facilities state the estimated roundtrip travel times, including waiting and unloading, at the landfill, recycling and green waste facilities to be used specify whether the Proposing Party guarantees that the Transfer Station will be able to accept all waste delivered by the City over twenty (20) year specify whether the Transfer Station will have a recycling buy- back center and, if so, when the center will be open, what commodities will be purchased and how market prices will be set specify whether the Transfer Station will accept household bulky items and electronic waste (e.g. TV's, computers and monitors) from haulers and/or self haul drop off customers and, if so, at what cost, if any specify whether the Transfer Station will have an education center to promote recycling explain whether there will be a "reuse shop' and, if so, its size and scope of operations a copy of any agreements between the Proposing Party and any other governmental agency relative to the construction and/or operation of the Transfer Station any other items the Proposing Party deems noteworthy to the City 4. Fees. Each proposal shall be accompanied by a non-refundable certified check for seven thousand five hundred dollars ($7,500) to pay for the Proposal Process. The successful Proposing Party shall be required to reimburse the City's reasonable costs incurred in negotiating the Transfer Station contract. 5. Evaluation of Proposals. The City shall establish an ad hoc review committee to evaluate the proposals. The committee shall consist of two members of the City Council, appropriate members of staff, and/or consultants retained by the City. The committee has the discretion to elect to interview the Proposing Parties if the committee believes that it would be advantageous to do so. Once the committee has completed its review of all submitted proposals, the committee shall prepare a written report containing their recommendation of which 1003/028/29395 v4 6 Proposing Party shall be selected to negotiate an agreement relative to a Transfer Station with the City. Said report shall be presented to the City Council at a regularly scheduled meeting of the City Council. After reviewing the report, the City Council will make the ultimate determination of which proposer the City selects to enter negotiations with the City for the construction and operation of a Transfer Station. The City Council shall select one of the proposing parties for this contract. 6. Schedule. Following the submission of the proposals, analysis of the proposals and the interview(s) with the committee will occur within thirty (30) days. Once the interview(s) are conducted, the report to the City Council shall be made within thirty (30) days of the interview(s). The evaluation report from the committee shall be delivered to the Proposing Parties at least ten (10) days before the City Council meeting at which the report will be presented. 7. Release. In exchange for the opportunity to participate in the Proposal Process, the Proposing Party, on behalf of itself and its officers, representatives, agents, employees, attorneys, contractors, successors and assigns, in exchange for the opportunity to participate in the proposal process set forth herein, hereby releases the City and its officers, representative, agents, employees, attorneys, contractors, successors and assigns, as well as the Proposing Party finally selected (collectively, "City's Parties") from any and all actions, suits, damages, claims, losses and expenses (including attorneys fees and costs), that may be asserted or claimed by any person, firm or entity arising out of or in any way connected with: (i) the Proposal Process, (ii) the City's selection of a proposer for the construction and operation of a Transfer Station, (iii) the City's negotiation and subsequent execution of a contract relative to the construction and operation of a Transfer Station, (iv) the construction and operation of said Transfer Station, or (v) any activity, work or thing done in or about the Transfer Station. Without limiting the generality of the forgoing, the Proposing Party will not, either itself or through any agent or party under its direction, challenge the project approvals, environmental processing, financial feasibility or legal arrangements for the Transfer Station, through any legal, administrative or public proceeding, nor shall it encourage or assist any other person or entity to do so, financially or in any other manner. 8. Indemnification. Consideration for this release shall include that Proposing Party indemnify, defend and hold harmless City and City Parties, from any actions, suits, damages, claims, losses and expenses (including attorneys fees and costs), including damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities ("claims and liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with (i) the Proposal Process, (ii) the City's selection of a proposer for the construction and operation of a Transfer Station, (iii) the City's negotiation and subsequent execution of a contract relative to the construction and operation of a Transfer Station, (iv) the construction and operation of said Transfer Station, or (v) any activity, work or thing done in or about the Transfer Station; and that such indemnity include the Proposing Party's officers, representatives, employees, agents, attorneys and contractors as indemnified parties. 9. Waiver of Civil Code Section 1542. By releasing and forever discharging claims both known and unknown as set forth in this Agreement, the Proposing Party expressly waives any and all rights under California Civil Code Section 1542 in connection with any Claim or Liability against the City and City's Parties. Civil Code Section 1542 provides: 1003/028/29395 v4 7 "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." The Proposing Party, on its behalf and on behalf of its officers, representatives, employees, agents, attorneys and contractors, hereby waives and relinquishes any and all rights and benefits which it may have under Section 1542 of the California Civil Code and any similar code provision or protection. The Proposing Party has performed a full and complete investigation of the facts pertaining to this Agreement. Nevertheless, the Proposing Party acknowledges and is aware that it may hereafter discover facts in addition to or different than those which it now knows or believes to be true with respect to potential claims, allegations, events and facts set forth herein, but it is the Proposing Party's intention hereby to fully and finally settle and release any and all matters, disputes, and differences, known or unknown, suspected or unsuspected, which may exist, as against the City and City's Parties, and in furtherance of this intention, the release herein given shall be and remain in effect as a full and complete general release notwithstanding discovery or existence of any such additional or different facts. 10. Compliance with Laws. All actions taken pursuant to this Agreement shall be provided in accordance with all federal, state, and local laws, ordinances and regulations including, without limitation, all applicable Municipal Code provisions. Furthermore, each and every provision required by law to be inserted into this Agreement shall be deemed to be inserted, and this Agreement shall be read and enforced as though they were included. Each Proposing Party has reviewed this Agreement with its legal counsel. Each Proposing Party warrants that it understands that this Agreement is in compliance with the law and that it will abide by the terms of this Agreement. 11. Integration; Amendment. This Agreement contains all of the agreements of the parties and cannot be modified, terminated or rescinded, in whole or in part, except by an instrument in writing signed by all parties hereto. No prior oral or written understanding shall be of any force with respect to those matters covered in this Agreement. 12. Interpretation and Enforcement; Governing Law. This Agreement shall be construed and interpreted both as to validity and 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 and maintained in the Superior Court of the County of Riverside, State of California, or in any other appropriate court with jurisdiction in such county, and the parties agree to submit to the personal jurisdiction of such court. 13. Attornevs' Fees. In the event legal expenses are incurred or legal action is commenced to interpret or enforce any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expense incurred, including reasonable and actual attorneys' fees, from the party not prevailing. 14. Successors and Assigns. This Agreement shall be binding upon the parties hereto and their respective heirs, administrators, representatives, transferees, 1003/029/29395 0 8 lessees, sublessees, successors, assigns and successors-in-interest. The obligations of Proposing Party under this Agreement shall inure to the benefit of the City. Proposing Party hereby agrees to execute such further written assurances as may be requested. 15. Execution. This Agreement may be executed in any number of counterparts. Each counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. This Agreement will not be considered valid and in effect until signed by both Proposing Parties as well as the City. If this Agreement is not signed by both Proposing Parties and the City within seven (7) days of presentment, the City may elect to not initiate the Proposal Process and may void this Agreement, including its tentative agreement with any Proposing Party who has already executed this Agreement. 16. Notices. Any notice, request, demand, instruction or other communication to be given to any party hereunder shall be in writing delivered by hand, sent prepaid by overnight delivery service or sent by registered or certified mail, postage prepaid, return receipt requested as follows: If to City: City of Palm Springs P.O. Box 2743 Palm Springs, California 92263-2743 Attn: City Manager Copy to: Aleshire & Wynder, LLP 18881 Von Karman Avenue, Suite 400 Irvine, CA 92612 David J. Aleshire, Esq. If to Waste Management: Waste Management of California, Inc. 41575 Eclectic Street Palm Desert, CA 92660 Attn: Frank Orlett Copy to: Slovak, Baron & Empey, LLP 1111 East Tahquitz Canyon Way, Suite 110 Palm Springs, CA 92262 Attn: Mark Empey, Esq. If to PSDS: Palm Springs Disposal Services 4690 E. Mesquite Avenue P. O. Box 2711 Palm Springs, CA 92263-2711 Attn: Rick Wade If to Burrtec: Burrtec Waste Industries, Inc. 9890 Cherry Avenue Fontana, CA 92335 Attn: Eric D. Herbert 1003/029/29395 v4 9 Copy to: Gresham, Savage, Nolan & Tilden, LLP 600 N. Arrowhead, Suite 300 San Bernardino, CA 92401 Attn: Robert W. Ritter, Jr., Esq. When delivered by hand, notice shall be deemed given upon delivery to the intended recipient. When sent by overnight delivery service, notice shall be deemed given on the business day immediately following the date on which such notice is sent. When sent by registered or certified mail, notice shall be deemed to have been given two (2) days after the same has been deposited in any United States Mail Post Office Box to which the notice is addressed. The addresses or addressees for the purpose of this paragraph may be changed by given written notice of such change in the manner herein provided for giving notice. Unless and until such written notice is received, the last address or addresses as stated by written notice, shall be deemed to continue in effect for all purposes hereunder. 17. 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. 1003/029/29395 v4 10 04/06/2004 08:32 FAX 760 325 0800 SLOVAK BARON & EMPEY e 4 < 3z Q 002 (?3/16n04 16:57 FAX 760 322 2107 SLOVAK BARON & EUPEY zi z —; -- I�UUL IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first written above. CITY: CITY OF PALM SPRINGS Mayor ATTESy- By: City Clark APPROVED AS TO FORM: By: City nn ey PROPOSING PARTIES: WASTE MANAGEMENT OF CALIFORNIA, INC. By: Name: Frank Orlett Its: By: Name: Its; APPROVED A ORM: By: Counsel fbrWiasta Management 1003102WZ9395 v4 11 PALM SPRINGS DISPOSAL SERVICES By: N me: AYvvionurO WAME Its: Vic6 Q12tSIaFNr/SEc14ET�4L4y By: 244 Name: M%ckt L SAYe-oX Its: -r K. iv 14te{� APPROVED AS TO FORM: By: Counsel for PSDS BURRTEC By Name: Its: By: Its: APPROVED AS TO FORM: By: Counsel for Burrtec 1003/028/29395 v4 12 °"`"' SA�y City of Palm Springs V y a MEMORANDUM r� IFOVL Date: May 4, 2004 To: Mayor From: City Clerk Re: RELEASE AND WAIVER OF RIGHTS Mr. Mayor Attached you will find two copies of a Release and Waiver of Rights between Waste Management, Burrtec, Palm Springs Disposal Services and the City of Palm Springs. You will also find a copy of a fax dated April 2, 2004. 1 did meet with Troy Butzlaff regarding this item, he stated that the item was discussed in Closed Session and it was approved to enter into the agreement. I also spoke to the City Attorney regarding the item. He stated that the issue was discussed in Closed Session and direction given for negotiations. If in fact this document was approved in Closed Session it should have been reported out. If direction was given for further negotiations and that resulted in a document, it typically goes to an open session for approval. I did ask the Assistant City Manager under what authority could the Mayor sign, he referred me to the City Attorney. I did ask the City Attorney under what authority could the Mayor sign, he stated that the agreement does not commit the City to anything and the Mayor could sign. This document is out of the established procedures. The document requires your signature. I cannot find authority that allows you to sign, however, I will ", ./ .� attest to your signature, but it would be remiss of me not to inform you of these unusual circumstances. Thank you, � � j�,„� VY t� Trishatjl '" � ��f! �� � �+ �✓��`� J �G .(l V, ,` r A`� �® CERTIFICATE OF LIABILITY INSURANCE DgTE(MM/DDIYYM J/ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEDE -R. CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLI BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHOR REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER Marsh & McLennan Agency LLC Marsh & McLennan Ins. Agency LLC PO Box 85638 San Diego CA 92186 CONTACT PHONE FAX No: EalAR. ADORE s: censtructioncerts marshmma.com INSURERS AFFORDING COVERAGE NMCe _ INSURER A: Lexington Insurance Company 19437 _ Licen :0H18 INSURED SURRTWASTE Burrtec Waste Group, Inc. 9890 Cherry Avenue INSURER B: Everest Premier Insurance Company 16045 INSURER C Fontana, CA 92335 INSURER D: INSURER E : INSURER F COVE RAGES CERTIFICATE NUMBER' 1091027069 RE VISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE LSUN POUCYNUMBER POUCYEFF POUCYEXP MID MMID LIMBS A :! COMMERCIAL GENERAL LIABILITY Y N 023627374 3/1/2023 3/1/2024 CLAIMS -MADE OCCUR EACH OCCURRENCE $1,000,000 PREMISES Ea o=er nos $300,000 X MED FXP LAny one $ 0 Ded: 150'030 person) PERSONAL & ADV INJURY $1,000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY P� LOC � GENERAL AGGREGATE $2,000.000 PRODUCTS -COMP/OPAGG $2,000,000 j OTHER: $ B AUTOMOBILELIABILITY Y N RMICA00068231 3/1/2023 3/1/2024 C MBINED INGLELIMIT a a a Edent $5,000,000 X ANY AUTO BODILY INJURY (Per person) $ � BODILY INJURY (Per ecckkmt) $ D ONLY AUTHOSUL� �ry_I _ AUTOS ONLY X AUrO50NLOY PROPERTYDAMAGE $ X er accident $ SIR$350.000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAS CLAIMS -MADE AGGREGATE $ DED RETENTION$ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY V RMiWC00063231 3/1/2023 3/1/2024 PER pTH- X STATUTE ER $ YIN E.L. EACH ACCIDENT $1,000,000 ANYPROPRIETORIPARTNERIEXECUTNE OFFICERIMEMBEREXCLUDED? NIA (Mandatory In NH) descnbe under E.L.DISEASE-EA EMPLOYE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 Dyes, DESCRIPTION OF OPERATK)NS below DESCMPnON OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may W attached if more space is required) Certholder, its officials, employees and agents are additional insureds per endorsements attached. Waiver of Subrogation app��Y ikerc Bnrrlpensation the attached. �t vV LE per MAR 2 2 2023 City Hall Reception Desk City of Palm Springs Attn: City Clerk; PO BOX 2743 Palm Springs CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1988-2015 ACORD CORPORATION. All rights rswrau Aa jLw 101w) the ACORD name and logo are registered marks of ACORD INSURED: Buntee waste croup, Inc. POLICY#: 023627374 POLICY PERIOD: 03101/2023 TO: 03rotrz024 ENDORSEMENT By: LEXINGTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED DY WRITTEN CONTRACT SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT A. Section II - Who Is An Insured is amended to include the person or organization shown in the Schedule above that you are required to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and executed prior to the "occurrence" of the "bodily injury" or "property damage." B. The insurance provided to the above described additional insured under this endorsement is limited as follows: 1. COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE (Section I - Coverages) only. 2. The person or organization is only an additional insured with respect to liability arising out of "your work" or "your product" for that additional insured. 3. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract or written agreement, the insurance provided by this endorsement shall be limited to the Limits of Insurance LX4285 (02114) required by the mitten contract or written agreement. This endorsement shall not increase the Limits of Insurance stated in the Declarations under Item 3. Limits of Insurance pertaining to the coverage provided herein. 4. The insurance provided to such an additional insured does not apply to "bodily injury" or "property damage" arising out of an architect's, engineer's or 1. surveyor's rendering of or failure to render any professional services including: i The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and ii Supervisory, inspection, architectural or engineering activities. 5. This insurance does not apply to "bodily injury" or "property damage" arising out of "your work" or "your product" CO included in the "products -completed operations hazard" unless you are required to provide such coverage by written contract or written agreement and then only for the period of time required by the written contract or written agreement and in no event beyond the expiration date of the policy. 6. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and non-contributory basis. Subparagraph (1)(a) of the Pollution exclusion paragraph 2.f., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" or "your product" performed on premises which are owned or rented by the additional insured at the time "your work" or "your product" is performed. D. In accordance with the terms and conditions of the policy and as more fully explained in the policy, as soon as practicable, each additional insured must give us prompt notice of any "occurrence" which may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with all of the policy's terms and conditions. LX4285 (02114) Includes copyrighted information of the Insurance Services Offices, Inc., vnth its permission. All rights reserved. A ® ADDITIONAL REMARKS SCHEDULE AGENCY NAMEDINSURED Marsh & McLennan Insurance Agency LLC Burrtec Waste Group, Inc. CARRIER I NAIL CODE EFFECTNE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Named Insured Schedule Burrtec Waste Group, Inc. Burrtec Waste Industries, Inc. Ague Manse MRF, LLC AVCO Disposal, Inc. Burr Group, LP Burr Group, Inc Burr Properties, LLC Burr Properties, G.P. Burdine, LLC Burrtec Environmental, LLC Burrtec Recovery & Transfer, LLC Burrtec Waste & Recycling Services, LLC Burrtec Retirement Savings Plan Burrtec Waste Industries, Inc. (formerly PSP Waste Services, Inc.) Burrtec Waste Industries, Inc. DBA: Burbank Recycling Burrtec Waste Industries, Inc. DBA: Ague Manse Recycling & Transfer Co. Burrtec Waste Industries, Inc. DBA: Burrtec Recycling & Transfer Co. Burrtec Waste Industries, Inc. DBA: Burrtec Recycling Center Burrtec Waste Industries, Inc. DBA Coachella Valley Compost Burrtec Waste Industries, Inc. DBA Coachella Valley Transfer Station Burrtec Waste Industries, Inc. DBA Desert Disposal Burrtec Waste Industries, Inc. DBA: East Valley Recycling & Transfer Burrtec Waste Industries, Inc. DBA: Inland Empire Recycling Burrtec Waste Industries, Inc. DBA:Marks Disposal Burrtec Waste Industries, Inc. DBA: Tri-Co Burrtec Waste Industries, Inc. DBA: Tri-County Disposal Burrtec Waste Industries, Inc. DBA: Trico Disposal Burrtec Waste Services, LLC Crestline Disposal Currans Rubbish Disposal, Inc. E. Cole Burr, individually E. Cole Burr, Trustee of the Burr Family Trust Edward G. Burr Sandra L. Burr Cole Burr Tracy A. Burr Burr Properties Empire Disposal, LLC Fontana Rubbish Collectors, Inc. Page? o ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A� ADDITIONAL REMARKS SCHEDULE AGENCY NAMEDINSURED Marsh & McLennan Insurance Agency LLC Burrtec Waste Group, Inc. CARRIER I NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, - FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Named Insured Schedule Inland BioEnergy, LLC Jack's Disposal, Inc. DBA Yukon Disposal Jack's Disposal, Inc. Kaiser Recycling Corporation KGB Properties, LLC (formerly Burr Girls, LLC Lake Arrowhead Disposal Lucerne Valley Disposal Monte Vista Disposal, Inc. Mountain Disposal Services, Inc. Rancho Disposal Service, Inc. Rialto Services, Inc. Running Springs Disposal TECMEC Maintenance Enterprise, Inc. Tracy A. Burr, individually Tracy A. Burr, Trustee Tri-County Disposal, Inc. Tri-County Disposal, Inc. DBA: Gary's Disposal Victorville Disposal, Inc. West Valley MIFF, LLC West Valley Recycling and Transfer, Inc. Yucaipa Disposal, Inc. Desert Properties, LLC Bun Family Trust Yukon Disposal Page 2 0 ,�f ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD INSURED: BurM1ec Waste Gmup, Inc. POLICY #: 023627374 POLICY PERIOD: 03/01/2023 TO 03/01/2024 . t:w' PRIMARYINON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided by the poky: Notwithstanding any other provision of the policy to the contrary, the insurance afforded by this policy for the benefit, of the Additional Insured shalt be primary Insurance, but only with respect to any. Claim, foss or liability arising out of ,the Named InsuW's operations; and any insurance maintained by the Additional Insured shall be non-contributing, Al other terms and conditions of the policy remain the same, Authorized Representative OR Countersignature (in states where applicable) LX9&38 (0&fB5) Bumec Waste Group, Inc. LX9838 (08/05) INSURED: Butec waste croup, Inc. POLICY#: 023627374 POLICY PERIOD: 1311112023 TO: 03101/2024 0 ENDORSEMENT LEXINGTON INSURANCE COMPANY AGGREGATE LIMITS OF INSURANCE - PER LOCATION AMENDMENT AND OVERALL GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the policy: Subject to the Overall General Aggregate Limit stated in Item 3 of the Declarations, the General Aggregate Limit under LIMITS OF INSURANCE (Section 111) applies separately to each of your "locations". It is further understood and agreed that the following changes are made to the policy: (1) Item 3, Limits of Insurance in the Declarations is amended by the addition thereto of the following Limit: Overall General Aggregate Limit- $5,000,000 (2) SECTION III -LIMITS OF INSURANCE is amended by the addition thereto of the following paragraph under paragraph 6. 7. The Overall General Aggregate Limit is the most we will pay under Coverages A and B for the sum of all Limits of Insurance as provided in this SECTION III regardless of the number of your "locations"; except for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". For the purpose of this endorsement, "locations" means premises involving the same lot, or connecting lots or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. All other terms and conditions remain unchanged. r1 Authorized Representative OR Countersignature (In states where applicable) LX9493 (Ed. 02/04) INSURED: 8urrtec Waste Group, Inc. POLICY#: RMICA00068231 POLICY PERIOD: 1112023 TO: 03/01/2024 1,x COMMERCIAL AUTO ECA 04 62104 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART SCHEDULE NAMED INSURED TO BE NAMED AS AN ADDITIONAL INSURED ON THIS POLICY WITH REGARD TO THEIR OPERATION, MAINTENANCE, OR USE OF A COVERED "AUTO". to The following is added to the Who Is An Insured paragraph under Section II —Liability Coverage: The organization shown in the Schedule with respect to the operation, maintenance, or use of a covered "auto" if you are required to add such organization to this policy as an additional insured in order to comply with the terms of a written "insured contract" or written agreement. This does not apply when such contract or agreement: A. Involves the owner or anyone else from whom you hire or borrow a covered "auto" unless, it is a "trailer' connected to a covered 'auto" you own;;or B. Is executed after the date of "loss". This paragraph does not apply if: 1. The terms and conditions of the written °insured contract' had been agreed upon prior to the "accident' or "loss'; and 2. You can definitively establish that the terms and conditions of the written "insured contract" ultimately executed are the same as those which had been agreed upon prior to the "accident" or "loss". ECA 04 52104 14 Copyright, Everest Reinsurance Company, 2014 Includes copyrighted material of Insurance Services Office, Inc., used with its permission Page 1 of 1 INSURED COPY