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04466 - SILICON SALVAGE COMPUTER RECYCLING
pALM S City of Palm Springs O� A4 a. �Z c Office of the City Clerk (760) 323-8205 •� yC��IMYI��`' �4LI F01iL MEMORANDUM Date: From: City Clerk AGREEMENT# p P C C e�- Please let us know the status of the above agreement, and if it may be closed. STATUS: COMPLETED: REMAIN OPEN UNTIL: Date &Initials CLOSE AGR ,E_ l(/L Signature Silicon Salvage Computer Recycling AGREEMENT #4466 CM signed 4-12-02 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR COMPUTER AND RELATED ELECTRONIC EQUIPMENT COLLECTION EVENT THIS QONTRACT SERVICES AGREEMENT(herein "Agreement"), is made and entered into this ` day of uj 2002, by and between the CITY OF PALM SPRING a municipal cor oration,(herein"City")and SILICON SALVAGE,(herein"Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit"A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and,in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees,assessments and taxes, plus applicable penalties and interest,which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify,defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor(a)has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c)fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions,which will materially affect the performance of the services hereunder, Contractorshall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. CITY LONG STD.SVCS.AGREEMENT REVISED 09/19/01 I 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages,to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither 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 may be undertaken unless a written order is first given by the Contract Officerto the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or(ii) the time to perform this Agreement,which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred eighty(180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services maybe more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit"B"and any other provisions of this Agreement, the provisions of Exhibit"B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement,the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"C"and incorporated herein by this reference, but not exceeding the maximum contract amount of Ten Thousand Dollars, ($10,000.00) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i)a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include fed and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary bythe City;Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first(1 st)working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no Iaterthan the last working day of the month. CITY LONG STD.SVCS,AGREEMENT REVISED 09/19/Ot 2 3.0 PERFORMANCE SCHEDULE Agreement. 3.1 Time of Essence. Time is of the essence in the performance of this 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(s) established in the "Schedule of Performance" attached hereto as Exhibit "D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Maieure. The time period(s)specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather,fires,earthquakes,floods,epidemics,quarantine restrictions,riots,strikes,freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement,however caused,Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one(1)yearfrom the date hereof,except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: CHUCK HULSE 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 CITY LONG STD,SVCS.AGREEMENT REVISED 09/19/01 3 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 Aoainst Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunderwithout the express written approval of the City. In addition, neither thisAgreement nor any interest herein maybe 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 Contractorof any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractorwith 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 S.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial Genen I Liability Insurance. Apolicyof Comm ercialgeneral liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages forcontractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. The Commercial General Liability Insurance shall name the City, its officers, employees and agents as additional insured. CITY LONG STD.SVCS.AGREEMENT 4 REVISED 09/19/01 (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit B. All of the above policies of insurance shall be primary insurance. (Reference Section 5.4 regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled,the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the eventthe Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to 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 orclaimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors,or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers,agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractorwill promptly pay anyjudgment rendered againstthe 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; CITY LONG STD.SVCS.AGREEMENT REVISED 09/t9/01 S (c) In the event the City, its officers, agents or employees is made a party to any action orproceeding filed orprosecuted against Contractor for such damages orother claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk,which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated"A"or better in the most recent edition of Best Rating Guide,The Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City("City Manager")due to unique circumstances. In the event the City 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 City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor,its employees,subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such CITY LONG STD.SVCS,AGREEMENT REVISED 09/19/01 6 completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the priorwritten 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 party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's orthe Contractor's rightto terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Riahts 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 CITY LONG STD.SVCS.AGREEMENT REVISED 09/19/01 7 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 NONE as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance(Exhibit"D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty(30)days'written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition,the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only forthe reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted,whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal,and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. CITY LONG STD.SVCS,AGREEMENT REVISED 09/19/01 8 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, 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 underorthrough them,that there shall be no discrimination against or segregation of,any person orgroup of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration:Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations,arrangements,agreements and understandings,if any,between the parties,and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases,sentences,clauses,paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. CITY LONG STD.SVCS.AGREEMENT REVISED 09/19/01 9 r i 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this 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. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. AT TEST: / CITY OF PALM SPRINGS, a municipal corporation City Clerk City Manager ` c (Check one: Individual_ Partnership Corporation) CONTRAC OR: By: Corporations require two notarized Signat re (Notarized) signatures: One from each of the J �. S -� hZ- following: A. Chairman of Board, Print Name & Titles ' President, or any Vice President: AND B. Secretary, Assistant Secretary, Treasurer, Assistant By:C ��� Treasurer, or Chief Financial Signature (Notarized) Officer). �'dr���o� Print Namib & Title CHRIS CHARLEFFRY AMcarrnn.rrOmnge urity�Qao®, Agreement OWunder $25,000 Reviewed and approved by Procurement & Contracting Initials `a . Dato—L C CITY LONG STD.SVCS.AGREEMENT P.O.Number REVISED 09/19/01 10 r � r _ � � � - � , ..� :r . �r- � � �,� __ „� � _ ,, �:a�� , � �,'.�:,. �� . . ,,, . n,.; . �.� _ _. �� CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF � On Y66�_ before me, I � DATE NAME,TITLE OF OFFICER-E.G.. "JANE Do�(XOTARY PUBLIC" personally appeared, _-ffC4 c 4- T-e,r-�s�_ Wf_1 (S �_ personally known to me (or proved to me on the basis of satisfactory evidence)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. CHRIS CHARL13 FRY WITNESS my hand and official seal. commbdon 0 1295M NMW n1laft-CdWft orange county (SEAL) %WCornrrLBpkesMor1IIX2M5 NOTARY PUBLIC SIGNATUY..;� OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE CALIFORNIA flo"11111�V�frh r�, /�,M ALL-PURPOSE Cal �� Iww ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF CrcA,.q & , On 'I &A before me, I I DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,�OTARY PUBLIC" personally appeared, (2fid"te-I5 gIA -e- Cc personally known tome (or proved tome on the basis of satisfactory evidence)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 instrumentthe person(s),orthe entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. CHRIS CHA RLES FIR ,Q Not Con FIR cry Rbk-Cortrania owe county ce (SEAL) NOTARY PUBLIC SIGNAT;R ' M� OPTIONAL INFORMATION %CV TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT' NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE EXHIBIT "A" SCOPE OF SERVICES Contractor agrees to collect and legally dispose of or recycle all computer and related electronic equipment acquired during a special Computer Recycling Collection Event being held April 13, 2002. Contractor to remain on premises until event closes this date. Contractor shall provide to the City of Palm Springs within 30 days a report outlining the following: Number of computer monitors Number of other CRTs Number of computer CPUs Total number of pounds by material type Locality (city or zip code) of participants CITY LONG STD,SVCS.AGREEMENT REVISED 09/19/01 11 EXHIBIT "C" SCHEDULE OF COMPENSATION City to pay $8.00 per Computer monitor (containing CRT) collected, $24.00 per console television set and $12.00 per non-console television set. City to pay $250 per truck required to haul items away. Total compensation not to exceed $10,000. CITY LONG STD.SVCS.AGREEMENT REVISED 09/19/01 13 EXHIBIT "D" SCHEDULE OF PERFORMANCE The final tally of amount collected and total amount due contractor shall be submitted to City no later than two weeks subsequent to event. CITY LONG STD,SVCS,AGREEMENT REVISED 09/19/01 14 e14 7393162 TO 1760323E238 P.01/01 A RD C' RTIFICA O'� �LMA � lJfT1(��N' [1RlAi o I I,' 6 +�', . x 'f �' ,•II„"'^ • ' DArE(mrvoom) « 4- 04/03/2UO2 PRODUCED HIS CERTIFICATE S ISSUED AS A MATTER O F INFORMATION ISU Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Vicencia &Buckley Agency ALTER THEHCOVERAGE AFFORDED DIS CERTIFICATE DOES �THE pOurCIESTBe�ow. OR P O BOX 4919 COMPANIES AFFORDING COVERAGE Cerritos, CA 90703-4919 - COMPANY A INSURED Golden Eagle Insurance Corp. A —__..__.. Silicon Salvage Inc. COMPANY Cypress Insurance Co. 1500 N.Dave Street TC Anaheim, CA 92801 COMPANY 10, 1 C V 0' ,' 1 H 05 COMPANY COVET AGES:• y_ ... .! Ili h' .I z{r. ii �T :'.i I': .', d'II i. _.n.' 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 SUEUrOT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, _...__._..,._ _._. .,..._...—_.__ LTH TYPE OF INSURANCE POLICY NUMBER POLICY EFFECgVE POLICY EXPIRATION T DATE(MMIDD/YY) DATE(MMMI)I)Y) LIMITS A GENERAL LIABILITY CBP9544814 12/15/01 12/15/02 GENERAL AGGREGATE 8 2,000000 X COMMERCIAL GENERAL LIABILITY PROGUCTS•COMP/OP AGG S 1000 000 CLAIMS MADE NJOCCUR PERSONAL S ADV INJURY $ 1000000 OWNER'S(.CONTRACTOR'S PROT EACH OCCURRENCE _ $ 11000,000 RE DAMAGE(Any w.Ine) $ 100,000 A AUTOMOBILE LIABILITY uFIMED EXP(Any ono por.on) $ 5,()00 X ANY AUTO CBP9544814 12/15/01 12/15/02 COMBINED SINGLE LIMIT S 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per percon) HIRED AUTOS NON-OWNED AUTOS ECDILY INJURY (Por rI.dd.M) $ PROPERTY DAMAGE y GARAGE LIABILITY AUTO ONLY,EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: _,... .................,_...�_— M-._..,-,�� GAG L ACCIOEw S AGGREGATE $ EXCESS LIADILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ - OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND X WC S EMPLOYERS- W2405969 04/01/02 04/01/03 LIMIT P8 - EL EACH ACCIDENT S 1,000,000 THE PROPRIETOR/ INCL FARTNEVINEXrOUTIVE EL DISEASE-POLICY LIMIT $ 10000 (1 _ OFFICERS ARE, EXCL EL DISEASE-EA EMPLOYEE $ 1,000,000 OTHER DESCRIPPON CF OPERATIONS/LOCAT30NSNEHICLEB/SPECIAL ITEMS Certificate holder is mined additional Insured-Where reQUired by Contract. 91. - EANCELL ONiTtnDa„` Utic¢furNonPllymgnty'q£lht-piruumq°„ ;,,,,, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Palm Springs EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ettn: Mxrylynn �n 3200 TAhquitz Canyon Way -10--DAYS WRITTEN NOTICE TO THE CIB TIFICATE HOLDER NAMED TO THE LEFT, Palm Springs,CA 9ZZ62 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IONO E COMPANY, ITS AGENTS pR REPR------ TIVES. AUTHORIZED REPRE T 1. !. — AC,PF.1025-&: PO,.R,TIgN�1i,68a, w TOTAL PRGE.01 .e-r APR 03 '02 09:05 FR UICENCIR —BUCKLEY 1 T14 7393189 TO 17603238238 P.01i01 AC RDCE RTiF� I OATEI _DD PRODUCER 04/031200 2ryIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ISU Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Vieencia &Buckley Agency ALCTER THEHCOVES NOI EgAGE AFFDRTIFICATE �ED BY THMpO KISS BELOW P U Box 4919 Cerritos, CA 90703-4919 COMPANIES_AFFORDING COVERAGE COMPANY wGDRED A Golden Eagle Insurance Corp. Silicon Salvage Inc. COMPANY 1500 N.Dale Street EI Cypress Insurance Co. ___., . .. .._ Anaheim, CA 92801 COMPANY C 05 COMPANY 77- CQYN�CA7ED,NOTWITHSTANDIE POLICIES OF INSURAINCE�LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD GES 5 IS TO CERTIFY THAT TH 777777777'- CERTIFlGATE MAY 8E ISSUED OR MAY PERTA NETHE INSURANCE AFFORDED BV THE POLICIES D WHICH THIS SCRIB DTHER OHS HEREIN IS CUMENT T TH PTO ALL O HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAV HAVE BEEN REDUGED BY PAID CLAIMS, LTR TYPB OF INSUAANCE POLICY NUMBER POLICY EFFEGnVE POLICY EXPIRATION PATE(MM/p4/YV) PATE(MMRJD/YY) LIMITS A GENERAL LIABILITY CBP9544814 12/15/01 12/1SIU2 GENERAL AGGREGATE $ 2 00D OOO X COMMERCIAL GENERAL LIABILITY PRODUCTS•COMPACT ACG $ 1 060 000 CLAIMS MADE Fx_1 OCCUR PERSONAL&ADV INJURY OWNER'S p.CONTRACTOR'S PROT $ 18 On°Q0(I EACH OCCURRENCE W $ 1,000,000 .FIRE DAMAGE(AAy we fire) $ 100,000 MED RXP(Any 9no p.O.I,,) $ 5 00O A AUTOMOBILE LIABILITY X ANY AIR'1'0 CBP9544814 12/15/01 12/15/02 COMBINED SINGLE LIMIT S �00O�00D ALL OWNED AUTOS SCHEDULED BODILY INJURY $ ,....,,, (Per peceon) _ HIRED AUTOS NON-OWNED AUTOS ODDLY INJURY (Por uI,dd.nI) $ PROPERTY TAMABE GARAGE LIABILITY AUTO ONLY,EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY. ..... ..,._�....._._..�_____ EACHACCIDENT $ EXCESS LIABILITY AGGREGATE $ EACH OCCURRENCE _ UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM B WORKERS CpMPENSATION AND Xr WC STA IU- orr EMPLOYERS'LIARILITV W2405969 04/01/02 04/01/03rn THE PPOPg1ETORl INCL EL EACH ACCIDENT $ 1 000 000 PAR7NER5/EXECUTIVE EL DISEASE-POLICY LIMIT S 1000000 OFFICERS ARC; RXCL EL DISEASE-EA EMPLOYEE $ IOOU OO OTHER DESCRIPTION OF OPERATIONS&OCATIONSNENICLEWSPECIAL ITEMS Certificate holder is mined additional insured-Where required by contract. CEq`,1',IF,IGATE?NOlQEFt 'I r: n _ 'i ;Ten Da " CANCELLgT�ON;:, ,.YL�Vgtlee'fur,N'D,'nP8'ymSa�'aAEf?1tc+huum,:,�; 1";;' I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE THE City of.PAIm Springs EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL attn: Marylyn" 3200 TallquitZ Canyon Way 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Palm Springs,CA 92262 OUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND E CONPANYr ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRE A, . ...I Si �.�'�i,I h I�II,I;,. ':. 'C'ORDiC,-,� PO TIQM 1988 i w.* TOTAL PRGE.01 kX Company Profile • Page e 1 of 2 Callfornlq Company Profile ��������� GOLDEN EAGLE INSURANCE CORPORATION PO BOX 85826 SAN DIEGO, CA 92186-5826 800-688-8661 Agent for Service of Process RONALD DOUGLAS FIELD, 7175 NAVAJO ROAD SAN DIEGO, CA 92119-1642 Unable to Locate the Agent for Scrvice of Process'? Reference Information NAIC #: 10836 NAIC Group#: 0111 California Company ID #: 4453-7 Date authorized in California: August 21, 1997 License Status: UNLIMITED-NORMAL Company Type: Property& Casualty State of Domicile: CALIFORNIA Dines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For au explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY http://www4.insurance.ca.gov/wu/idb_Co_prof utl.get_co prof?p_EID=77980 4/11/2002 Company Profile 0 0 Page 2 of 2 MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information ` Company_Pcrforn- nce & Comparison Data Composite Complaint Studies Want More? help Me Eind a Company Represeniaiive in My Area Financial Rating Organizations Last Revised-March 08,2002 04:19 PM Copyright©California Department of Insurance Disclaimer http://www4.insuraiice.ca.gov/wu/idb_co_prof utl.get_co prof?p_EID=77980 4/11/2002 Company Profile Page 1 of 2 AM Ca1H'nrn! Company Profile ��15r'anCO CYPRESS INSURANCE COMPANY 395 OYSTER POINT BLVD SUITE 401 SOUTH SAN FRANCISCO, CA 94080 800-488-2930 Agent for Service of Process MICHAEL STEARNS, 395 OYSTER POINT BLVE. #401 SOUTH SAN FRANCISCO, CA 94080 Unable to Locate the, gent for „of Process? Service., Reference Information NAIC #: 10855 NAIC Group #: 0031 California Company ID #: 1726-9 Date authorized in California: March 08, 1963 License Status: UNLIMITED-NORMAL Company Type: Property& Casualty State of Domicile: CALIFORNIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossaiy. AUTOMOBILE BURGLARY COMMON CARRIER LIABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE http://www4.insurance.ca.gov/wu/idb_co_prof utl.get_co_prof?p_E1D=3641 4/11/2002 Company Profile • 0 Page 2 of 2 WORKERS' COMPENSATION Company Complaint Information Comp my—Performance & Compausoi Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised-March 08,2002 04:19 PM Copyright©California Department of Insurance Disclaimer http://www4.instirance.ca.gov/wu/idb_co_prof utl.get co_prof?p EID=3641 4/11/2002 2001 BES7KEY RATING GUIDE - DPERTY/CASUALTY EDIT Ai UAL STATEMENT DATA FOR YEARS 1996 - 2000 li Company Name Balance Sheol Ili Rating Or,[Goal Bests operations Group Afllalisn Rating Cash Principal Barter g Net Net Bus Units,ess A M Net inting d drhort- Stocks All Total On- All Part Ovecl der- Dom Begun As. ropy, Mklg S Y- j Specially Term antl 011ter Atlmaled Loss earned Other Total holders Premmms Premiums Net writing pastime, Phone#, Data Invest Bonds Asscls Assets Has Prem Lab LIGUrrie$ Surplus Written Written Bel Income Income AMB# NAIC1, FSC Year (%) p%J (%) (.ROOD) (%) (%) (%) (3000) ($Oita) (SBBO) 1$OBO) (%) ($BOO) ($000) a GLUBAL SURETY A INSURANCE CO Global Surety&Insurance Co A- '96 03 958 30 31,190 67,3 138 189 13,479 17.711 1,029 SaU 1000 5,869 1,65 (No Group Affiliation) '97 182 63,0 100 36962 635 18,8 177 22,405 14,557 197 12,662 1000 9,128 1,]5 P ah,G.palm,President 3555 Famam Street -98 319 349 32 38,007 593 249 159 18,624 19,383 150 7,081 1000 51510 2,22 Omnha, lack, Al '99 6,4 931 05 32,3A 213 451 ME 7,9]6 24 J02 217 9,685 1000 5,416 1.95 HE rtahn Stock Agency FSC VI Surety,A&H 'pit 213 772 15 35,30G 634 366 6., 28,fi64 234 5,698 1000 4,563 2,06 Rating AMB;I0415s 402-271-2840 NAIC 1111304 9 History: A-,05/30/01;A-,05/23/00;A-,03/01/99;A-,70/27/97;A-,05/28/96 GLOBE AMERICAN CASUALTY CB Liberty Insurance Holdings A '96 76 1036 38 17.065 ... 1090 3,508 13,557 77,5BG 1,0] Liberty Mutual Insurance Goal '97 -15.1 113.4 1.7 14,632 .. 1000 1,089 13,543 71,220+'?;I Roger L Jean,Chairman&CEO 1,08 52B1 Ti Ridge Boulevard '96 -113 1102 1.1 13,686 100.0 657� 13,029 63.369 91 Loveland,OH ' 45140 95� OH:1951.Stock Agency FSC XI 99 8.2 78,7 180 13,645 ... 1000 1 13,644 45,932 No,Slid Act. To B5 822 9.3 14,192 1000 47 14,145 42,562 wwwyyy 513-575-3200 7B' AMB#02202 NAGfr 11312 Rating History: A t;05/03/00;A r,03/14/00;A R 02102199;A g 08/31/98;A q 06/02/97 GLOBE INDEMNITY COMPANY Royal and Sudkllanco USA Insurance Grp A+ '96 la 820 162 1,478,529 794 152 5,4 1.160.987 317,592 114,661 3765fifi 1000 .101,067 70,09, Royal and SunAlliance USA Recruit V.Mendelsohn,CEO '97 10 85.5 135 1,583,153 792 146 63 1,187,657 395,496 B9,319 353.432 100,0 -22,057 72,951 ^, PO.Box 1000 '98 2.4 832 149 1,5]2,91] 76.4 161 75 1,157,036 415,080 87,86E 381,93 1000 20,196 82,62 , Charlotte,NO 28201-1000 DE:1911 Slack,Agency FSC XIV '99 11 033 15G 1,fi12,W3 745 193 fit 1,100,Y22 503,952 112,284 412.795 100.0 -32,990 83,11: � Multiple Lines 'OD 33 80,9 158 1,544,555 72,9 199 71 1,074,634 469,921 112,004 431,614 1000 -64,521 80,60t 704-522-2000 Rating History: AMB#02432 NAIC#24600 9 A+pe,05/03/00;A It,06107/99;A P.09/29/97;A p,07/19196;A-1 05/06/96 il GMAC DIRECT INSURANCE COMPANY GMAC Insurance Greup A+ '96 .. .. ... ... .. GMAC Insurance Group ,97 Mitchell F White,Prostate "' "' ... ... One GMAC Insurance Plaze 198 Hazelwood,MO 6304E 199 MO.Stock FSC XIV Auto AND 647 346 07 8,111 1000 48 8,0G2 314-493-8000 . .. -22 121 AMEN 12415 NAIC#11054 Rating History: A+r,02/2O/O1 GMAC INSURANCE COMPANY ONLINE GMAC Insurance Group A+ -90 GMAC Insurance Group Mitchell F.White,President 97 I RO,Box 66937 'so S(Loins,MO 63166-6937 ,yy 1 � MO�Stock FSC XIV ' Auto 'Oo 674 31.6 10 10,252 1000 131 10,120 314-493-8000 -54 36F JI AMB;l12403 NAIC#11044 Rating History: A+G02/20/01 GMAC INSURANCE GROUP GMAC Insurance Group A+ 196 2.2 83.2 14,6 4,853,485 448 43.6 11.6 3,474.694 1,378,]91 2.032768 1,908,062 842 -114,43] 233,93E GMAC Insurance Group 'NT 1.9 053 128 5,113.215 43,5 42.0 145 3,G96,9G1 1,M7254 2,105,496 1,B59,180 81.1 -]4,437 219,]92 William B Noll,President I I,I 300 Gallatla,Suite 200 '68 1.0 82,8 16,1 5,312,925 39.7 40.9 19.4 3,680,642' 1.624.284 1,996,07E 1,073,563 832 --ee,fi86 220,41e f MI.OleM14BW4 '99 3.4 80B 150 5,457,451 35,5 432 213 3,655.770 1,801,682 1.931,645 1,840,296 07 -119,198 218,90E MI.OIhen Agency FSC XIV 1Q Comm Adad Personal Auto '00 13 81.8 169 6,249,977 338 47.3 18.9 3,6B2,410 1,567,558 2,046,015 2,1)1 848 113,340 221,228 248-263-6900 � AMB#18431 Rating History: A+,02/20/01;A+,11/29/99;A+,06/15/98 '1 GOLD MEDAL INSURANCE CO Gold Medal Insurance Company NR-1 '96 921 62 16 53,677 450 67 483 8,483 41,111 136 SBG 7O6 -1]2 2822 (No Group Alllllah0n) John R Waddle,Jr.,Pesltlnl '97 862 123 15 53,948 493 06 502 8,012 g5.935 239 -404 999 -fib] 2,772 P.O.Box 1113 198 836 149 15 55,075 504 06 490 7,341 47,734 223 82 375 -883 2,931 Minneapolis,MN 55440 ' MN.19fi3'Slack'Dan[Reparnso FSC VII '99 802 180 1,6 Sfi,320 520 02 4fi.9 fi,677 A9,643 41 36 1000 -756 2,742 +I1i; Fire,Allied Lines To 731 250 19 57,158 15 00 90,5 213.754 -156,596 3] 25 1000 -1,]8] 3,320 612-764-3951 Ratin 1,AMB#03198 NAICM11320 g History: 11 06/13/01;Isli 09/27/99;all 06/22/98;NR-3,06/09/97;1111 O6/24/96 GOLDEN BEAR INSURANCE COMPANY I. III Golden Bear nonstopCompany B+ '96 17,1 B81 -52 7,744 610 35,6 34 4,912 2,833 12,026 3,21B 268 -165 435 Rupert C Group Affiliation)Preside 11 17.1 07.1 41 8.263 701 26.8 30 5,238 3,025 11,296 2,640 234 153 455 RuperlC Hall,President f 1 PO,Box 271 as 283 75,9 42 It 69B 23,8 64 6,717 2,825 11,09E 3,108 2BL 1.225 492 Stockton,CA 95201 1 CA:1981:Stock'Broker FSC III '99 150 8]9 -2.9 10,602 ]62 221 1.7 6,035 4,568 8.022 Usti 25.5 1,023 557 Excess&Surplus mp 107 930 -3.8 11,427 68.7 256 57 6,729 4.698 9,832 2,710 27.0 -440 625 209-9481 Rating AMB#01719 NAIC D 39861 - g History: B+,06/13/01;the,06/20/00;B+,07106/99;6+,04/13/98;B+,06/24/96 „III GOLDEN EAGLE INSURANCE CORP Liberty Mutual Insurance Companies A+ '96 LibedyncisJ Insurance Companieses '97 119 863 1,8 521,569 741 118 14,1 432,368 109,201 125,956 175,673 1000 .17,166 25.993 FranclsJ KotarOa,President 175 Berkeley Street Market,35 198 33 81.4 11.3 049.165 71.3 114 7 463,607 185,55E 420,764 153,170 364 -21,3033 41,814 Boston,MA 02117 11 CA'79W Stock Agency FSC XV 199 ]7 ]7] 145 703,995 744 11,0 146 517,027 186,469 392,600 1]2,5G2 99.1 -30,fi16 33727 III MWBple Lines 'o0 87 765 148 red 131 751 129 120 496,774 186357 385,989 163,676 I; 47,G AMB n 12m6 -33,169 30,412 519-744-6000 NAIC#,10B3s Rating History: A+p,05/03/00;A+1O6/21/99;A+parpanpan,02/02/99;A+ ,04/OS/98;A ,09/22/97 282 -Best" Ratings as of 07/10701- 2001 BEST'S KEY RATING GUIDE-PROP I, III, n �l 2001 BESW KEY RATING GUIDE -&OPERTY/CASUALTY ED) ANNUAL STATEMENT DATA FOR YEARS 1996 - 2000 •,,, Company Name HE:St'S Balance Sheet Operations Ratmg i Name Group Ahiliallon Rating T 1,nclpaI officer Nel Matlm9 Atldmss All TotalT All Polley- Dvecl Ne[ Bus. Untler NDom.'Began Bus.Struct.Mktg. Chair Anngetl Other Total indeli Premiums Premiums Net writing Ines SpeclBky Data Aston Assek Lou LIastlies Sumlus Wnhen Wfltlen Het Income 10WIFrancIt Year R4I ($000) N ($000) 1$000) ($000) (8000) RD ($0001 (.$Or AMR# NAIC# FSC CYPRESS INSURANCE COMPANY(CA) Berkshire Hathaway Hameslale Companies A++ -96 19 971 10 226,B37 B88 46 65 52,731 174,106 17.269 22,664 982 -645 7 Berkshire Hathaway Insurance Gmup '97 13 97,9 0B 287,797 897 41 62 59,088 228,709 22,350 2B,423 982 -1,116 6 Michael Steams,President 190 15.6 034 09 2748]5 907 50 43 58,621 216,254 16,631 23228 1on0 -B09 8 P.O.Box 1030 South San Francisco,CA 94083-1930 FSC XI 199 89 90,1 1,0 261 905 58 30 ers 58,25E 209.193 14,312 20,647 1000 -2,259 7 CA.1963:Stock'Agency Work Comp '00 195 790 16 255,041 889 67 44 83,fi05 191,437 21,670 26989 1000 -1,153 7 650-635-0444 Rating History: A++g,06/25/01;A++g,06/06/00;A++,10126/98;A++,06/09197;A++,06/24/96 AMR#00308 NAIC#10855 CYPRESS PROP A MS INS GD Cypress Property&Casualty Insurance Co NRlallon) •-2 '96 ... ... .. ... . "' "' (No Group Af 97 Garyo Curve rPreadentCoon, 4309 Pahio Oakes Court, 24 One ... 82 16 Jecksg5:Sto FL ck:Agee '99 38.5 663 -40 1B,2a2 127 -6]7 19.6 0,132 9,150 17,541 11,11fi 36.0 v34 Homeno hens,Aided Agency FSC IV Homeowners,Alked hoes '00 5q.6 514 40 20,032 8.6 59.5 319 11,279 9,553 20,755 7,394 35.6 -229 AMB#12247 904-992-4492 NAIC#10953- Rating History: NR-2,06121101;NR-2,07/10/00 DAI-TOKYO ROYAL STALE INS CO ale Insurance Dan Tokyo Royal St Co,Ltd B-I- '96 9,7 62.3 280 16012 17B 292 13.1 18,613 7,420 24,780 16,062 632 909 (No Group Affiliation) on 72 721 20.7 35,194 543 25.6 19.9 25.993 9,201 22,475 15,149 658 744 Ronald T.myotuku,Presitlenl&CEO 198 56.4 26,9 16.7 42,727 57.6 243 181 26,803 15.924 21,119 15,058 72.5 109 1600 Kaplolml Boulevard,Suite 1520 Honolulu,HI 96814 199 28 792 18.0 43,162 516 29.4 190 26,286 16,876 23,875 17,730 729 -322 HI.1979:SIock:Mng Gen Agent FSC V II Personal lines no 1.4 78.4 202 42,830 49.4 413 93 25,430 17,400 28,894 22,753 76.3 -148 808-951-1700 Rating History: B+,07/09101;B+,09/27/99;B+,08/31/98;NR-2,06/24196;NA-3,06/12/95 AMBIt 11287 N41C#37265 DAILY UNDERWRITERS OF AMERICA Oally Undavvirem of America A- '80 4.0 9q7 13 6,319 20.1 132 .587 9W' 5,411 1,650 1,657 100.5 511 No Group Alpinist) - •9T 37 3B.2 8.1 7,396 198 33.9 46.3 1,305 6,N1 2,415 '2,289 94.8 422 - - fi beft 1072 Long,Pmslikent 'p 214 584 102 8,904 285 38.7 -328 2,169 6,735 _ 2,855 2.670 93.5 fiV 1072 F. Long,Prrrodurg Pike - Cadlsle,PA17013 'W 56 815 12.9 10,12B 195 490 367 � 2.556 7,572 3,824 3,479 910 913 PA:1978'Stock'Olrect Response FSC N Ganm Auto . - 'DO - 2.6 793 181 9,173 21.3 496 29.L3,00G 6,167 4,223 3,800 90.0 869 AMG 802721 717-243-5757 HAS#35AB3 Rating History: A-,04/24101;A-,04111/00;A-,06115198;A-,06109/97;A-,06/24/96 DMMLERCHRYSLER GROUP DalmlerChrysler Group A+ 'B6 6.2 83.4 04 410,019 840 185 17.6 270,941 139,0]6 16Efi2] 121,093 71.9 6189 DalmlerChrysler Group '97 24 69.5 Bo 428,323 64.0 170 190 257,693 170,631 154,9B6 111,522 71,1 4,560 D.EGoa log,President 27777 Frustum Road,CIMS,465-20-85 lea 43 90.8 4.9 501 521 34.1 133 314,128 100,259 245,685 202.894 818 9,463 Southfield,MI 48034 as 107 B54 39 570,459 649 265 66 368p52 202,007 237,325 192,092 60.4 2.106 MI.Other:Direct Response FSC VIII Comm AUI. '00 5.0 918 32 585.978 72,4 02 194 389 Par 191 130.411 85,260 642 -21.443 AMB 418510 248-9413-3443 Rating History: A+,06/28/01;A+,06/28/00 DAIMLERCHRYSUR INSURANCE CO DalmlerChrysler Group A+ '96 B.2 B3.4 6.4 410,019 64.0 18.5 17.5 274941 139,W8 1fiE527 121,843 719 5,169 DalmlerChrysler Group17 2.4 895 80' 428,323 64.0 170 190 257,693 170,631 15,966 111,522 711 - 4,560 O.F. 1 US, DIg President W 4.3 RON 4.9 504386 52.1 34.1 138 314,128 190,259 245,M9 202,699 818 9,40 P.O.Boxfled, CIMS8465-20-85 SouthBeIQ MI48086-51E8 q9 10,0 85,5 39 570,347 649 265 Do: '366,:N0 202,007 237,32E 192,092 80.4 2,106 I MI:1964:Stock:Direct Respe FSC VIII Gunn Arco NMf 5.0 91.9 3.1 585,585 72.5 '82 19.4 389.4% 19Q097 130,411 B5,200 642 -21,441 AMR#0023] 248-9483 HAD#i0 443 499 Rating History. A+Fill 06/28/01;A+g,06/28100;A+,06121/99;A+,06101198;A+,05/12/97 l OAIRYUND CTY MU INS CO TX Sentry Insurance Group A+ 'N 257 23.6 507 22,264 Y000 12,955 9,309 112,751 Sentry InsuranceGroup •97 490 341 169 12.279 100.0 2,713 9,5fi8 96.091 Polar J.Routine,President •an 22.5 370 405 11,472 1000 1,571 9,902 74,372 1 BOO North Point Drive Stevens Point,WI 54481 -99 34,0 34B 312 12.035 1000 1,899 1Or 37 60,280 TX.1946.Mutual:Agency FSC XIV Non Bud Auto 'UB 493 322 16.5 12.304 ., ... 100,0 1,96o 10,344 57,823 .. ... AMR{I03277 NAIC426441 512-794-8417 Rating History: A+5 04/12/01;A+r,01127/00;A+D 11/23/98;A+R 09129/97;A+,09/30/96 UAIRYUND INSUMNCE COMPANY Barry Insurance Group A+ 'Wt '2.0 89.7 83 84],147 839 9.5 66 649,247 197,901 461,P99 332,803 722 -23,580 Sentry Insurance Group '27 34 90.1 6.5 849,471 15.7 9.5 48 628,524 220,'47 441,564 Sol W8 -181346 lit Dale R.Schuh,Chmn and Presitlenl qp 1.6 93.0 5.3 859X21 84.9 9.7 54 609,935 249.606 362,296 253,445 BOB -13,963 1800 NoNt Paint Drive Stevens Point,W154481 '99 0.3 91.6 fi 2 737,000 61.7 138 4.5 533,602 203,398 370,699 252.972 68.2 -18.841 WI'.1953:Stock Agcno4 FSC XIV Non Std Auto 100 1.0 01.4 76 738,012 80.3 152 45 521,449 216,623 413,061 250,314 60.6 -27,308 AMB#00309 715-346-sa6G GAIN Rating History: A+P,04/12/01;Ai p,01/27/00;A+p,11/23/98;A+p,09129/97;A+p,09/30/96 - DAKOTA FIRE INSUMNCE CO END Insurance Campanles A- '96 4,8 94,6 06 59.011 71,3 209 79 42,248 16,843 14,855 27,191 100.0 -1,102 EMC Insurance Companies '9) 33 95,8 1.1 64,272 717 233 51 44,272 20,000 18,175 31,713 1on .2,308 Dennis J Prindiville,Presltlent 198 37 845 117 74,939 63,8 200 162 55,903 18,976 21649 33,916 100,0 -5,828 P.O.Box 712 Des Motir IA 503030712 FSC X DID 4.3 84,8 Do 76,872 65.7 19,9 144 60,118 16,755 27,317 36,366 1000 -5.804 „ NO 1950.Stack:Agency Multiple Lines '00 56 632 11,1 82095 645 205 150 65,667 16,420 30,370 40,440 1000 -5,510 AMBfY 00311 701-223-B986 NAIC#10863 Rating History: A-p,07/10/01;A p,06/22/00;A p,04/26/99;A p,04/13/98;A p,12/16/96 180 -Bests Ratings as of07/10/01- 2001 REST'S KEY RATING GUIDE-PR, O� pA� SAS City of PA Springs OFFICE OF PROCUREMENT & CONTRACTING C'111FOR • MEMORANDUM To: Office of City Clerk From: Office of Procurement & Contracting Subject: Silicon Salvage Date: April 11, 2002 Attached are the following documents: x 4 sets of Contract documents executed by Contractor and notarized N/A Performance Bonds N/A Original Payment Bonds N/A Confirmation of status of surety company N/A Original Bid N/A Copy of bid bond N/A One copy of Specifications x Confirmation of status of insurance carrier from the following companies:Golden Eagle and Cypress x Certificate of Insurance N/A Copy of Extract of Public Works Contract Award N/A Copy of Bid Result Check List N/A Copy of Bid Abstract DEL'D TO CLERK'S OFFICE BY DATE: y! -0 TIME: RECEIVED BY CLERK DATE: Sal/-O�r-TIME: SIGNED AGREEMENTS RETURNED TO PROCUREMENT BY DATE TIME: R:\USERS\WPPUBLIC\CONTRACT PROCESSING\Clerk transmittalsilicon Salvage.wpd ,