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HomeMy WebLinkAboutCURBSIDE, INC. - 2007INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 8 -a3 -o7 CLERK OF COUNCIL DATE; 8 028° -07 O '. P OVA '(2) -Vert CcWe, AGREEMENT TO PROVIDE SMALL BATTERY RECYCLING N- 2007 -086 THIS AGREEMENT, made and entered into this 1St day of July, 2007 by and between Curbside Inc., a California Corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of battery removal and recycling services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in the battery recycling field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A "Scope of Services Small Battery Recycling Program" to this Agreement. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $25,000.00, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2009, unless terminated earlier in accordance with Section 12, below. This Agreement may be extended for two additional one -year periods, upon a writing signed by the Executive Director of Public Works and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor Pursuant to this section: 2 (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -43) P.O. Box 1988 Santa Ana, California 92702 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Contractor: Curbside Inc, 1160 N. Armando Anaheim, CA 92806 Attn: William Anderson, President A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. LICENSES AND CERTIFICATIONS Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATT 1 PATRICIA E. HE L Clerk of the Council APPROVED AS TO FORM: JPSEW W. FLET04ER City Attorney TO CONTENT: Av /.JAMES G. Executive Director Public Works Agency CITY OF S LANA DAVID N. REAM City Manager Scope of Services Small Battery Recycling Program The Small Battery Recycling Program is designed and managed by Curbside Inc. The initial price of a single 5.5 gallon bucket is $150.00 and includes the following: • Delivery of an empty bucket with applicable labeling. • Collection, transportation and recycling of contents of the bucket. • Documentation indicating that the batteries were collected for recycling. 2. A deposit in the amount of $50 per bucket will be charged for each bucket. This deposit will be credited toward the final invoice should the program be terminated. The price in effect at the time the bucket is dropped off will remain in effect for the term of this agreement. 4. The price is not based upon the contents of the bucket. Buckets will be collected at the request of the City and the fee is fixed regardless of the quantity in the bucket. 5. Only small household type batteries are permitted in this program and include: Alkaline, Ni Cad, Zinc Carbonaire without mercury, silver zinc, lithium ion, mercury hearing aid batteries and similar types of batteries. Cell phones are permitted. 6. The following are unacceptable at the price quoted above: Commercial batteries, industrial batteries, batteries from businesses (i.e., hearing aid stores or doctors offices), lead acid batteries, or large quantities of mercury & lithium button batteries. This includes rechargeable batteries generated in large quantities. 7. The bucket remains the property of Curbside Inc. The client is responsible and agrees to hold Curbside Inc. harmless for any damage that may be caused by the bucket or its contents while on City premises. 9. Curbside Inc. employees will inspect each bucket prior to accepting it and will remove any unacceptable items prior to accepting it. 10. The deposit is subject to forfeit if the bucket is destroyed stolen or unavailable for final collection. EXHIBIT A ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I . The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective , this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative EXHIBIT B ACCRA, CERTIFICATE OF LIABILITY INSURANCE DATEIMWIDWYYYY) 8/23/2006 I-10DOCen rAx (949) 851 -8802 7515 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION A Insurance Services License No: OD15612 30 Corporate Park 0307 Irvine CA 92606 INSURED AA -015 e� J/ 5 Curbside, Inc. /`► '.2W4 1160 N. Armando Street n i - `� v 09 _a ( hl _ Anaheim CA 92806 COVERAGES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC 0 wsuRl RA: Steadfast Insurance INSUREAR Zurich American InsuranceF- E: THE POUICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY RECAAREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO SNHICH 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 POUCIES. AGGREGATE LMAITS SHOWN MAY KAVE BEEN REDUCED BY PAID CLAIMS. NSR DVL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR INAR 0ATE(MMIDGM1 DATEIMWDO/YY) UMITZ A GENERAL LIABILITY GPL 543 5554 -02 08/23/2006 08/23/2007 EACHOCCURRENGE 3 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO ID PREMISES �_ $ 100, OOO CLANS MADE OCCUR NEi7 EXP are S 25,000 PERSONALAADVL44AW $ 1,000,000 GENERAL AGGREGATE 3 1,000,000 GENt AGGREGATE L�IIMIIT APPLIES PER PRODUCTS. CO P AGO 3 1, 000, 000 POLICY LOC 2& B AUTOMOMLEUABILITY RA? 543 5553 -02 08/23/2006 08/23/2007 i COM WEDSMILE LIWr X ANY AUTO xdda") S 1, 000, 000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Par person} 3 HIRED AUTOS $1,000 DED COHP BODILY INJURY • NON -OMrQ AUTOS (Per xcld") 3 $1,000 DXD COLL PFiLJi+EFSTY DAMAGE S (Per Mzldam) GIRACE LIABILITY AUrO ONLY - EAAC+mcw, S ANY AUTO OTHER THAN EA ACC 3 S AUTO ONLY•. AGO EXC65"NISRELLAUASILITY EAC14OCCURRENCE S AGGREGATE 3 OCCUR EI CLAIMS MADE 3 DEDUCTIBLE S xi:rtrvHON s - 3 WORKERS GOMPENSATDON AND VNC A TI EMPLOYERS' UARRITY FOR LIMITS E.L. EACH ACCIDENT 3 ANY PROPRIETOR+PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? C.L. DISEASE - EA EMPLOYEE s U ym, dumb. ender E.L. DISEASE- POLICY LIMIT S SPECIAL PROVISIONS bekw A OTHER Contractor's GPL 543 5534 -02 08/23/2006 08/23/2007 $1,000,000 Each incident Pollution Liability $1,000,000 Policy aggregate DESCMi -nom OP OPERATIONS ILOCAnONSNENICLESEXCLUSONSAODEO 8Y ENDORSEMENT /SPECL4L PROVISIONS The general liability policy includes the City of Santa Ana, its officers, amployaca, agcnta,vulunteera and representatives as additional 1naurwd with regard to work performed by or on behalf ofthe Hamad Tn r re aued vhe required by written contract.►zXeapt le days for nonpayment of pruoium. - -- - - - SLftN�itLLAiIVN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAHCELLED DEFORQ THE City Of Santa Ana EXPIRATION DATE THEREOF, THE ISWIING IHSURER WLL = WL Department of Public Work& 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE 14OLDEii MUM TO THE LEFT, XXX 20 Civic Center Plaza, M- 21����� Santa Ana, CA 92702 AUTHORIZED AEPRESENTATIVE . i $ands Dodge /SED �`- ACORD 25 (2001106) c� FI � 0 ACOD CORPORA710N 1988 1. �ucn�a ........ w. eAc .v. _ .o.,rn...,.1 IM rarnyV7 -("g Peoe 1 aIZ Additional Insured — Scheduled — Owners, Lessees or Contractors — Broad Form COVERAGE PART ONE — COMMERCIAL GENERAL LIABILITY 0 ZURICH Policy No. Efr Dale of Put, Exp.1)a1e of Put. Eff Date of End. Broker 09967060 Add'I Prcm. Return Prom. GPL 5a3555a -OD 08!23106 08!23/07 08123!08 Hone None Named In4wred and Mailing Address: Curbside, Inc. 1160 N. Armando Street Anaheim, CA 92806 Broker: Target Marketing Insurance Services 2500 Via Cabrillo Marina, #306 San Pedro, CA 90731 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Environmental Services Package Policy In consideration of the payment of premium and the Deductible by you and in reliance upon the statements in the Application made a part hereof, we agree with you, subject to all the tens, exclusions and conditions of the policy and with respect to COVERAGE PART' ONE — COMMERCIAL GENERAL LIABILITY and the coverage provided by this endorsement that: Schedule Name of Person or Organizatlon: THE CITY OF Santa Ana Location address which Is the subject of the written contract: J HE CITY OF Santa Ana I . Who is an Insured (Section 1.) in the COMMON POLICY PROVISIONS is amended to include as an insured the person or organization shown in the Schedule above whom you arc required to add as au additional insured on this policy under a written contract or written agreement. 2. The insurance provided to the additional insured applies only to "bodily injury ", "property damage' or "personal and advertising injury" covered tinder COVERAGE PART ONE — COMMERCIAL GENERAL. LIABILITY COVERAGE, A - 1101)II..Y INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B - PERSONAL AND ADVERTISING INJURY LIAL3ILLTY, but only if: a. The "bodily injury" or "property damage" results front your negligence; and b. The `bodily injury ", 'property damage" or "personal and advertising injury" results directly from: (1) Your ongoing operations; or (2) "Your work" completed as ifiviuded in the "products - completed operations hazard ", performed for the additional insured at the location designated and described in the schedule of this endorsement, which is the subject of the written contract or written agreement. Copyright Q 2005 by Zurich Insurance Company STF- FSP- 102-R rw(olln5) Page 1 of 2 All rights reserved. No part of this document covered by the copyrights hereon may be reproduced ur cupicd its any romr by any means - graphic, electronic, ur mechanical, including photocopying, taping or mfomtatiott storage and retrieval systems - without written permission of the Zurich Insurance Company. 3. However, regardless of the provisions of paragraphs 1. and 2. above: a. We will not extend any insurance coverage to the additional insured person or organization: (1) That is not provided to you in this policy; or (2) That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and b We will not provide Limits of Insurance to the additional insured person or organization that exceed the lower nf: (1) The Limits of Insurance provided to you in this policy; or (2) The Limits of Insurance you are required to provide in the wi itten contractor written agreement. d. The insurance provided to the additional insured does not apply to "bodily injury", "ptvpetty damage" or "personal and advertising injury" that results solely from negligence of the additional insured. 5. The additional insured must see to it that; a_ We are notified as soon as practicable of art "occurrence" or offense that may result in a claim; b. We receive written notice of a claim or "suit' as soon as practicable; and c. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. 6. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance available to the perscin or organization shown in the Schedule unless the other insurance is provided by a contractor other than you for the same operations and jab location. Then we will share with that other insurance by the method described in paragraph S.c. of Conditions (Section V.) in the COMMON COVE-RAGE PROVISIONS. ALL OTIfER TERMS AND CONDii'i'IONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Signed by: i Autho ' ed epresc t' c Date STF ESP -102 -B (:w(01165) page 2 )r2 POLICYHOLDER COPY STATE P.D. BOX 420807, SAN FRANCISCD,CA 94142--0807 COMPENSATION IN Sun A14CE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08 -23 -2809 GROUP: 000481 POLICY NUMBER; 0000413 -2005 CERTIFICATE ID: 41 CERTIFICATE EXPIRES: 09-23 -2007 08- 23- 2008/oa -23 -2907 CITY Of SANTA ANA SP DEPARTMENT OF PUBLIC MARKS 20 CIVIC CENTER PLAZA kM -11 SANTA ANA CA 92702 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employor. We will also give you 30 days advance notico should this policy be cancelled prior to its normal expiration. This certlfloate of insurance is not an Insurance policy and does not amend, extend or alter the coverage afforded by the geliey listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. THORI7FD REPRESENTATi PRESIDENT EMPLOYER'S LIA9ILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT 02065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08 -23 -2008 IS ATTACKED TO AND FORMS A PART OF THIS POLICY. EMPLOYER CURASIDE, INC SP 1180 N ARMANDO ST ANA14EIM CA 92806 IREV.2 -051 PRINTED : 07 -18 -2006 N0410 SP A -o?00 6 - OAS ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE "" 00 ' PRODUCER (949) 851 -8800 FAX: (949) 851 -8802 GSM Insurance Services THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lic. #OD15612 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92702 30 Corporate Park #307 Irvine CA 92606 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Nautilus Ins Co INSURERB:Great Divide Ins Co Curbside, Inc. INSURER C: 1160 N. Armando St INSURER D: INSURER E: Anaheim CA 92806 -2609 OVERALGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AN 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. kTE LIMITS SHOWN Y HAVE BEE 4 REDUCED BY AIDCLAIMS, T YPE OF INSURANCE POLICY NUMBER DATE( EMf�TNE Pp tY EXPIRATION uRwrts GENERAL LIABILITY H RR N g $ 1, 000, 000 DAMAGE 70 RENTED n $ 10 0 , 0 0 0 r1NSR'ADD'L COMMERCIAL GENERAL LIABILITY CIAIMSMADE ® OCCUR ZCPO 0200181 -10 8/23/2007 8/23/2008 MEDEXp (Any one $ 51000 vl $ 11000,000 EN $ 11000,000 GEN'L AGGREGATE LJMIT APPLIES PER. p _ COMP/ OP $ 1,000,000 X POLICY P T L AUTOMOBILE LABILITY X ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 11000,000 BODILY INJURY (Per Person) $ B ALL OWNED AUTOS SCHEDULED AUTOS HAP 0200182 -10 8/23/2007 8/23/2008 BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LJABRJTY AUTO ONLY - EA ACCIDENT $ OTHER THAN $ ANY AUTO -_ AUTO ONLY: A EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $_ AGGREGATE $ OCCUR FI CLAIMS MADE DEDUCTIBLE RUENTION �f �} $ WORKERS COMPENSATION AND / Wr LIMITS I O R E.L. EACH ACCIDENT J $ EMPLOYERS' LIABILITY ANY PROPRIETORrPARTNERIEXECUTIVE E.L. DISEASE - EA EMPLOYE $ OFFICERIMEMBER EXCLUDED? E.L. DISEASE - ICY LIMIT H yes, describe under SPECIAL PROVISIONS A OTHER Contractor's SCPO 0200181 -10 8/23/2007 8/23/2008 Bach Pollution Cond. $1,000,000 Pollution Liability aggregate $1,000,000 DESCRIPTION OF OPERATIONStLOCATIONSNEMCLES (EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The general liability policy includes the City of Santa Ana, its officers, employees, agents,volunteers and representatives as additional insured with regard to Mork performed by or on behalf ofthe Named Insured where require by written contract. *Rxcept 10 days for nonpayment of premium. CERTIFICATE HOLDER i i - CAN 6 LATION {.� SHO1IkWANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL .�IXI�II�il�i MAIL Department of Public Works ZE :6 ;. KY �,{ E' + 20 Civic Center Plaza, M -21 AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE Sandra Dodge /SED ACORD 25 (2001/08) ® ACORD CORPORATION 1988 wcn -ja -- moo., V— I „r 9 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company _Great Divide Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # BAP0200182 -10 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 08/23/07 , this endorsement form as a part of Policy # BAP0200182 -10 Issued to Curbside Inc. Named Insured c— Countersigned by Apeorized Represqdl 14 e X ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Nautilus Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # ECP0020018110 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, Califomia 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, Califomia 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 08/23/07 this endorsement form as a part of Policy # ECP0020018110 Issued to Curbside. Inc. Named Insured Countersigned by �a� Authorized ftresentative POLICYHOLDER COPY SP STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION 114 SURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08 -23 -2007 GROUP: 000481 POLICY NUMBER: 0000413 -2006 /V , rR 00 7_0 p4 CERTIFICATE EXPIRES: CERTIFICATE 41 0 O8"23 -2008 08- 23- 2007/08 -23 -2008 CITY OF SANTA ANA SP DEPARTMENT OF PUBLIC WORKS 20 CIVIC CENTER PLAZA #M -21 SANTA ANA CA 92702 This is to certify that we have issued a valid Worker s'gzEompensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for. the policya.period indicated. This policy is not subject to cancellation by the Fund sUcept upon 30 days advance written notice to the employer. We wily also give you 30 days advance - notice: should this policy- be.:cancalled prior to its -normal- expiration , This certificate of insurance is not an .insurance policy rind does not amend,..extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requiremlent, term or condition of any contract or other document with respect to which this certificate of insurance mayfbe issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. a THORIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSS. COSTS: $1,000,000 PER OCCURRENCE. ; ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08 -23 -2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER CURBSIDE, INC SP 1160 N ARMANDO ST ANAHEIM CA 92808 M0410 IREV.2 -05i PRINTED : 07 -17 -2007 500 S. Jefferson St. Placentia, CA 92870 888 - 449 -3733 ex 115 wanderson @curbsideinc.com www.curbsideinc.com Thursday, October 21, 2010 A)-X60 ®8 A) - X607--0 ?(0 - m Christy Kindig, Projects Manager City of Santa Ana, Public Works Agency 20 Civic Center Plaza Public Works Agency -M21 Santa Ana, CA 82701 RE: ASSIGNMENT OF CONTRACT FOR THE DOOR -TO -DOOR UNIVERSAL WASTE COLLECTION PROGRAM Dear Christy, The attached letter announces the intended purchase of the assets of Curbside Inc. by WM Curbside, LLC, which is a wholly owned subsidiary of Waste Management, Inc. Our plan is for WM Curbside, LLC to provide the same great service to residents of Santa Ana with no interruption in service. Curbside employees, including myself, would become WM Curbside, LLC employees or contractors, and I would continue to manage the business. We are requesting City approval for WM Curbside, LLC to assume obligations and responsibilities of the existing agreement between the City and Curbside Inc. to be effective at the closing of the transaction. We have prepared a simple document that permits the assignment of the contract (attached). We would like to have the signed document returned as soon as possible. If the form of the document does not meet City requirements, please feel free to provide your comments. Frankly since nothing will change except for the fact that this acquisition puts our business in a stronger position to grow, we expect to continue working with the City doing those things that your residents have appreciated for years. Please fax, scan and email or call to have the document collected. Thanks again. Sincprely, iam B. Anderson resident Wba: sf Attachment: Assignment of Contract g� ASSIGNMENT OF CONTRACT S� This Assignment of Contract (this "Assignment ") is entered into this / of_ DU. , 2010 by Curbside, Inc., a California Corporation ( "Assignor "), WM Curbside, LLC, a Delaware limited liability company ( "Assignee "), and the City of Santa Ana (the "Customer "). BACKGROUND A. Assignor and Customer are parties to Service Agreement A- 2008 -062, dated April 7, 2008 ( "Contract I") relating to Assignor's provision of universal waste collection, transportation and /or disposal services to the Customer. B. Assignor and Customer are parties to Service Agreement N- 2007 -086, dated July 1, 2007, ( "Contract 2 ") relating to Assignor's provision of small battery recycling services to Customer. C. Assignee and Assignor have entered into an Asset Purchase Agreement dated as of October 11, 2010 (the "Asset Purchase Agreement ") pursuant to which Assignor will sell and Assignee will purchase substantially all of Assignor's assets. This transaction will include Assignor's assignment of its interest in Contract 1 and Contract 2 (hereinafter together referred to as the "Contracts ") to the Assignee. D. Customer is willing to consent to Assignor's assignment of its interest in the Contracts to Assignee upon the terms and subject to the conditions of this Assignment. Now, therefore, in consideration of their mutual promises and intending to be legally bound, the parties agree as follows: 1. Assignment and Modification Assignor hereby sells, assigns, transfers and conveys to Assignee, its successors and assigns, effective as of the Closing Date (as "Closing Date" is defined in Paragraph 8 of this Assignment), all of Assignor's rights, title and interest in and under the Contracts. 2. Assumption Assignee, for itself and its successors and assigns, hereby accepts Assignor's assignment and assumes and agrees to be bound by and perform, effective as of the Closing Date, all of the obligations, liabilities and duties of Assignor under the Contracts that arise or accrue after the Closing Date (but not including any obligation, liability or duty that may arise or accrue after the Closing Date in respect of any matter or event occurring prior to the Closing Date). Assignee's assumption shall run directly in favor of the Customer and shall be enforceable by the Customer against Assignee as if Assignee were the original party to the Contracts instead of Assignor. 3. Customer's Consent The Customer hereby consents, effective as of the Closing Date, to Assignor's Assignment of its interest under the Contracts to Assignee, and to Assignee's assumption of Assignor's interest under the Contracts, upon the terms and subject to the conditions of this Assignment. Prior to the Closing Date, the Customer's consent shall be of no effect whatever. 4. Customer's Certification The Customer certifies to Assignee that, as of the date of this Assignment: a. each Contract is in full force and effect in the form attached as Exhibit A and has not been modified, amended or otherwise supplemented or altered in any way; and b. there are no claims by or against Assignor or any defaults or liabilities by Assignor under the Contracts. The Customer agrees to confirm the continuing accuracy of its certification (or disclose any inaccuracies that may arise) upon Assignee's written request at any time prior to Closing Date. 5. Governing Law This Assignment shall be governed in accordance with the laws of the State whose laws govern the Contracts. 6. Counterparts This Assignment may be signed in any number of counterparts, all of which together shall constitute one and the same instrument. 7. Binding Effect If and when this Assignment becomes effective, this Assignment shall be binding upon Assignor and the Customer, and their respective successors and assigns, and shall inure to the benefit of Assignee, its successors and Assigns. 8. Closing Date This assignment shall not be or become effective until the date of closing of the Asset Purchase Agreement takes place (the "Closing Date "), when this Assignment shall become effective without the necessity of any notice or other action by any party. IN WITNESS WHEREOF, the parties have executed this assignment on the date first written above. ASSIGNOR CURBSIDE, INC. (NAME) (Title) ASSIGNEE WM CURBSIDE, LLC //'�w (NAME) C j V. I?aSff (Title) 4)9es.den4- The City of Santa Ana hereby approves the assignment of said Contracts by Curbside, Inc. to WM Curbside, LLC. ATTEST: Maria D. Huizar Clerk of the Council JAN 2 6 2011 Approved as to form: oseph W. Fletcher City Attorney Recomme ed fo .Approval: Raul Godinez II Executive Director Public Works Agency CITY OF SIANT AN David N. Ream City Manager JAN 2 6 2011 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 8 -a3 -o7 CLERK OF COUNCIL DATE: 8 -o2,? 07 o P WA '(7) leh Coble AGREEMENT TO PROVIDE SMALL BATTERY RECYCLING N- 2007 -086 THIS AGREEMENT, made and entered into this I` day of July, 2007 by and between Curbside Inc., a California Corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of battery removal and recycling services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in the battery recycling field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A "Scope of Services Small Battery Recycling Program" to this Agreement. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $25,000.00, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2009, unless terminated earlier in accordance with Section 12, below. This Agreement may be extended for two additional one -year periods, upon a writing signed by the Executive Director of Public Works and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property amount of $1,000,000 per occurrence. Contractor shall Supply City of a damage, i the n total additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: 2 (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-43) P.O. Box 1988 Santa Ana, California 92702 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Contractor: Curbside Inc, 1160 N. Armando Anaheim, CA 92806 Attn: William Anderson, President A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes 4 of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. LICENSES AND CERTIFICATIONS Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATT PATRICIA E. HE L Clerk of the Council APPROVED AS TO FORM: �9 JPSEPH W.FLET R City Attorney TO CONTENT: i _JA ES G. CITY OF S LAANA DAVID N. REAM City Manager Executive Director Pr Public Works Agency Tax ID# 33D6 %� J Scone of Services Small Battery Recyclin¢ Program The Small Battery Recycling Program is designed and managed by Curbside Inc. 1. The initial price of a single 5.5 gallon bucket is $150.00 and includes the following: • Delivery of an empty bucket with applicable labeling. • Collection, transportation and recycling of contents of the bucket. • Documentation indicating that the batteries were collected for recycling. 2. A deposit in the amount of $50 per bucket will be charged for each bucket. This deposit will be credited toward the final invoice should the program be terminated. 3. The price in effect at the time the bucket is dropped off will remain in effect for the term of this agreement. 4. The price is not based upon the contents of the bucket. Buckets will be collected at the request of the City and the fee is fixed regardless of the quantity in the bucket. 5. Only small household type batteries are permitted in this program and include: Alkaline, Ni Cad, Zinc Carbonaire without mercury, silver zinc, lithium ion, mercury hearing aid batteries and similar types of batteries. Cell phones are permitted. 6. The following are unacceptable at the price quoted above: Commercial batteries, industrial batteries, batteries from businesses (i.e., hearing aid stores or doctors offices), lead acid batteries, or large quantities of mercury & lithium button batteries. This includes rechargeable batteries generated in large quantities. 7. The bucket remains the property of Curbside Inc. 8. The client is responsible and agrees to hold Curbside Inc. harmless for any damage that may be caused by the bucket or its contents while on City premises. 9. Curbside Inc. employees will inspect each bucket prior to accepting it and will remove any unacceptable items prior to accepting it. 10. The deposit is subject to forfeit if the bucket is destroyed stolen or unavailable for final collection. EXHIBIT A ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I . The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective , this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative EXHIBIT B -Vy AC090- CERTIFICATE OF LIABILITY INSURANCE 8/23 /12006 °"T`I"200'6 " -OCR Pax (949) 851 -8802 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION A Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License No: OD15612 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 30 Corporate Park 11307 (Irvine CA 92606 INSURERS AFFORDING COVERAGE NAIC0 ENSURED A I t INSURERA: Steadfast Insurance ACurbside, Inc. -.2004 INsuREA&Zurich American Insurance 1160 N. Armando Street N - 2 v U� INyU�c `I V� INSSUFMR Et Anaheim CA 92806 INSUMI- I:UVrKAL7tS THE POLICIES OF INSURANCE LISTED BELOW WAVE BEEN ISSUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N0TWM4STANDING ANY REQUREMENT. TERM OR CONDITION OF ANY CONTRACT OR CIVIER DOCUMENT WTH RESPECT TO %*11CH THM CERTIMCIATE MAY BE 1s=r;o OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 19 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDMONS OF SUCH POLICIES. AGGREGATE LrAITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, NSR POLICY EWOOME POLICY EXPIRAT167N L7R IV>SR TYPE Of INSURANCE POLICY NUMBER OATEIMM'DDA'YI DATE IMMIDO/YY} UNIT! A GEJNERALLIARILITY GPL 543 5554 -02 08/23/2006 08/23/2007 EAt;fN OacURRENr,E S 1,000,000 %t COMMEROX GENIERkAI. LNBIUTY DAMAGE TO R04U PREMISES Es welsf� 100 0 i . 00 IM CLANS MADE OCCUR NEDEXP QkV arm S 25,000 PORSONALAADVENAW S 1,000,000 GENERAL AGGREGATE S 1,000,000 GENt AGGREGATEppL��Wyp "PLIES IES PENT: POUCY JECT LOC ODIJCTS- A00 S 1,000,000 8 AUTONOMLELIA01JTY X ANY AUTO R" 353 5553 -02 08/2312006 08/23/2007 4;OWiNeD3ML6L rr (E• ffcddwd) s 1,000,000 ALL OWNEO AUTOS SCN EGU LED 1Q.I TOS - BOOIIY INJURY 0' w pwaon} : • HIRED AUTM NON -C%MD ALTrOS $1,000 DED COHP BOOILYINJURY (PK wi ent) S $1,000 DLD COLL PR.VFER TY DAMAGE {Per nrelkn$ s OARAGl LLAEILrrY AUTO oPLY• EA Ao=EM d ANY ALrrO H OTHER THAN EA ACC t Aum ONLY: AGO f "VUMl3A&l A UA=uTY OCCUR CLAW MADE CACH OCCUR ENCE E AGGREGATE ! s DEDUcnBLE s xr:rtnnoN s s WORKERS GOMPEN3ATiON AND EwLOYMS LIAaIUTY TWLIA INTS ANY PROPMETOR.PARTNEFWxtcumvE OFFlCERNEMBER EXCLUDED? E.L. EACH ACCIDENT S E.L. DISEASE- EA EMPLOY S U ym. daleft• ww" A SPEtZAI PROVCS10N5 wbW orHeR Contractor 'a Pollution Liability GPI. 543 5354 -02 08/23/2006 08/2312007 E.L. DISEASE- POLICY LAST 3 $1,000,000 Bach incident $1,000,000 P*.UCy aggreg-atu 0E3CwhT701.Or OP EAATIONSILOCATIDXWVEW -LJ &IXCLUaONSAODW RY ENDORSEMENT/SPECIAL PROVISIONS '171* general liability Polley inaludes the City of Santa Asa, its officers, wnployees, agenta,VOlunt*arm aril representatives as acicLitionat insured with regard to work performed by or on behalf ofthe Hamad Insured vhare required by written contract.rzxcapt 10 days for nonpayment of premium. CERTIFICATE HOLOFa SHOULD ANY Of THE AOCrn DEACRaw POUCHED EE CANCELLED NO ORE THE City Of Santa Arid E"IRATION DATE THEMOF, THE IMSUMO YMAM WLL .nkW"&CyXMAE. Department Of x pjiC Works l-2 30 DAYS WRITTEN NOTICE TO THE CERTIFICATEHOWERHAWEDTO THE LOFT, XXX 20 Civic Center Plaza, M -21 Santa Ana, CA 92702 AUTHORZED AEPREEENTATNE rxlra DOdge/$ED ACORD 23 (30011Dd) " �� �' � - � -` - -" luc *tee.....,..,,• wluc 0 ACORD CORPORATION 1908 -- - vuP U.,n.w,.a,rw.M.1 in. +mncb7.nvS Peal t d2 Additional Insured — Scheduled — Owners, Lessees or Contractors — Broad Form COVERAGE PART ONE — COMMERCIAL GENERAL LIABILITY 0 ZURICH Policy No. Eft Urlc of Pad. FXp. Date of Pul. Eli Dde of End. Broker 09967 000 Add'I Prcm, Raton Pmtn, GPL 5435534 -02;> 08/23/06 08123/07 08/23/06 None Nonc Named Insurrd and Mailing Address: Curbside, Inc. 1160 N. Armando Street Anaheim, CA 92806 Broker: Target Marketing Insurance Services 2500 Via Cabrillo Marina, #306 San Pedro, CA 90731 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endomenient modifies insurance provided raider the following: Environmental Services Package Policy In consideration of the payment of premium and the Deductible by you and in relianrr. upon the statements in die Applit:utiun made a part hereof, we agree with you, subject to all the tens, exclusions and conditions of the policy and with respect to COVERAGE PA16' 0111: — COMMERCIAL GENERAL LIABILITY and the coverage provided by this endorsement that: Schedule Name of Person or Organizatinn: THE CITY OF Santa Ana Location address which Is the subject of the written contract: THE CITY OF Santa Ana I. Who is an Insured (Section 1.) in the COMMON POLICY PROVISIONS is amended to include as an insured the person or organization shown in the Schedule above whom you are required to add as an additioual insured on this policy under a written Contract or written agreement. 2. The insurance provided to tht: additional insured applies only to "bodily injury", "property damage' or "personal and advertising injury" covered tinder COVERAGE PART ONE — COMMERCIAL GENE ,AL LIABILITY COVERAGE. A - 110DILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE 13 - PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: a. The "bodily injury" or "property damage" results from your negligence; and b. The "bodily injury", "property damage" or "personal and advertising injury" results directly frorn_ (1) Your ongoing operations; or (2) "Your work" completed as itwluded in the "products - completed operations hazard ", performed for the additional insured at the location designated and described in die schedule of this endorsement, which is the subject of the written contract or written agrccmcnt- Copyright ® 2005 by Zurich Insurance Company STF- ESP- 102-RCW(01/01 ) Page 1 of 2 All rigtts mverved. No part of this document covered by dic copyrights hereon may be reproduced u, cupictl iu ony Cum by any means - graphic, electronic, or mechanical, including photocopying, taping cr mfomatiott storage and retrieval systems - wilbnut wtittm permicsiun of the Zurich Insurance Company. 3. However, regardless of the provisions of paragraphs 1. and 2. above: a. We will not extend any insurance coverage to the additional insured person or organization: (l ) That is not provided to you in this policy; or (2) That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and b We will not providcUnits of Insurance to the additional insured person or organization that exceed the lower nf: (1) The Limits of Insurance provided to you in this policy; or (2) The Limits of Insurance you are required to provide in the wi itten cuntwut ur written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury", "pivpeity damage" or "personal and advertising injury" that results solely from negligence of the additional insured. 5. 77ne additional insured must see to it that: a_ We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; b. We receive written notice of a claim or "suit" as soon as practicable; and c. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. 6. The insurance provided by this endorsement is primary insurance and we will not seek contribution froth any other insurance available to the Person or organization shu►vn in the Schedule unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method described in paragraph 8.c. of Conditions (Section V.) in the COMMON COVE-RAGE PROVISIONS. ALL OTFIER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHAN(70). Signed by: i Autho ' ed fteprcsc&llc 63 Date STF ESP- 102-0 CW(OI OS) page 2 n r 2 POLICYHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 84142 -0807 COMPENSATION IN SUM ANC6 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08 -23 -2006 GROUP: 000481 POLICY NUMBER: 0000413 -2006 CERTIFICATE ID: 41 CERTIFICATE EXPIRES: 08 -23 -2007 08- 23- 2006/08 -23 -2007 CITY Of SANTA ANA SP DEPARTMENT OF PUBLIC WORKS 20 CIVIC CENTER PLAZA #M -71 SANTA ANA CA 92702 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer nand below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employor. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration This cartIflcata of insurance is not an Insurance policy and does not amends extend or alter the coverage afforded by the pcllcy listed herein, Notwithstanding any requirement, term or conditlon of any contract or other document with respect to which this certificate of insurance may be Issued or to which it may pertain the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. t Tm RI7FD REPRESENTATI EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08 -23 -200x! IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER CURBSIDE, INC SP 1180 N ARMANDO ST ANAHEIM CA 92906 M0410 IREV.2 -o51 PRINTED : 07 -18 -2006 SP A -0?00 6 - 01-5 /U- ZCd'7-08 6 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE o ' PRODUCER (949) 851 -8800 FAX: (949) 851 -8802 (3316 Insurance Services Lic. #OD15612 30 Corporate Park #307 Irvine CA 92606 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL A INSURED Curbside, Inc. 1160 N. Armando St Anaheim CA 92806 -2609 INSURERaNautilus Ins Co POLICY EXPIRATION P INSURERB:Great Divide Ina Co INSURER C: GENERAL LIABILITY INSURER D: INSURER E: EACH OCCURRENCE 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. kTE LIMITS SHOWN MAY HAVE B 4 REDUCED BY D CLAIMS. INSR ADWL TYPE OF INSURANCE POLICY NUMBER DAY EFFECTIVE DATE POLICY EXPIRATION P LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 DAMAGE TO RENTED $ 100,000 A X COMMERCIAL GENERAL LIABILITY 7 CLAIMS MADE ® OCCUR sCPO 0200181 -10 8/23/2007 8/23/2008 MEU ExP $ 5,000 PERSONAL & ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 11000,000 GENt AGGREGATE LIMIT APPLIES PER S 1,000,000 X PR LOC AUTOMOBILE LVIBBJTY X ANY AUTO COMBINED SINGLE LIMIT (Ea a -idwt) S 11000,000 BODILY INJURY (Per Persm) $ H ALL OWNED AUTOS SCHEDULED AUTOS HAP 0200182 -10 8/23/2007 8/23/2008 BODILY INJURY (Pef sodden) $ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Peraa.; lat) $ GARAGE LIABILPTY AUTO ONLY - EA ACCIDENT S OTHER THAN EAACC S ANY AUTO AUTO ONLY: EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE S OCCUR FI CLAIMS MADE AGGREGATE DEDUCTIBLE WORKERS COMPENSATION AND / 1 T&YSTATH- OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOWPARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOY OFFICER/MEMBER EXCLUDED? N Yes. dascM under a POLICY LIMIT A OTHER Contractor I s ZCPO 0200181 -10 8/23/2007 8/23/2008 each Pollution Oond. $1,000,000 Pollution Liability Awragata $1,000,000 DESCRIPTION OF OPERATIONSILOCATI ONQNEINCLE3IEXCLUSIONB ADDED BY ENDORNMENTISPECUIL PROVISIONS The general liability policy includes the City of Santa Ana, its officers, employees, agents,volunteers and representatives as additional insured with regard to work performed by or on behalf ofthe Named Insured where require by written contract. *Zxcept 10 days for nonpayment of premium. City of Santa Ana Department of Public Works Z� 'b WV 20 Civic Center Plasa, M -21 El Santa Ana, CA 92702 ACORD 25 (2001108) IYQfl91C ,n +no. no.. SHOBLDJANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED ED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL .YIIMN&MXXX MAIL L amZbAYS WRITTEN NOTICE TO THE cERTIFiCATE HOLDER NAMED TO THE LEFT, " AUTHORIZED REPRESENTATIVE Sandra Dodge /SED ��`dc O ACORD CORPORATION 1988 Cann 1 .d 'a' "PI&ASN", Insurance Company Great Divide Insurance Comnanv This endorsement modifies such insurance as is afforded by the provisions of Policy # BAP0200182 -10 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 08/23/07 , this endorsement form as a part of Policy # BAP0200182 -10 Issued to Curbside. Inc. Named Insured Countersigned by ,.,< 4��— –;;�7 A orized RWe7ok4 X MI I a .'I I M- :4 oil :R 1 biti �kWL I Ak, I R, 'NaKeM44AMM, Insurance Company Nautilus Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # ECP0020019110 relating to the following: I . The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 08123/07 this endorsement form as a part of Policy # ECP0020018110 Issued to Curbside. Inc. Named Insured Countersigned by 5X44". Authorized resentative POLICYHOLDER COPY SP STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INSUMANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08 -23 -2007 GROUP: 000481 �l r� j�/ b POLICY NUMBER: 0000413 -2008 Al, CERTIFICATE ID: 1 cR QV / -0 V CERTIFICATE EXPIRES: 08423 -2008 08-23- 2007/08 -23 -2008 CITY OF SANTA ANA Sp DEPARTMENT OF PUBLIC WORKS 20 CIVIC CENTER PLAZA #M -21 SANTA ANA CA 82702 This is to certify that we have issued a valid Work or s'rgompensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for. the policynperiod indicated. This policy is not subject to cancellation by the Fund ebtcept upon 30 days advance written notice to the employer. We wily also give you 30 days advance-notica:-should ibis Policy- be.:cancalled 'prior to its -normal expiration Al This certificate of insurance is not an .insurance policy aynd does not amend,-.extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requiremhnt, term or condition of any contract or other document with respect to which this certificate of insurance maycbe issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all. the terms, exclusions, and conditions, of such policy. , tTHORIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSS:COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08 -23 -2006 I5 ATTACHED TO AND FORMS A PART OF THIS POLICY. EWLOYER CURBSIDE, INC SP 1160 N ARMANDO ST ANAHEIM CA 92808 M0410 IREV.2 -051 PRINTED 07 -17 -2007 INSURANCE ON FILE WORK MAY PROCEEL UNTIL INSURANCE EXPIRES ? -0R13 - /o CLERK OF COUNCIL DATE: (?—//-0? V, AMENDMENT TO AGREEMENT TO N- 2007 - 086 -001 o% (2) PWA PROVIDE BATTERY RECYCLING C.i1Y1l*y nInG71t� 'THIS AMENDMENT, made and entered into this I' day of September, 2009, by and between Curbside Inc., ( "Consultant") and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City"), collectively referred to herein as "the Parties ". RECITALS A. The Parties entered into that certain agreement entitled "Agreement to Provide Small Battery Recycling, N- 2007 -086, dated July 1, 2007, hereinafter referred to as "said Agreement "; and B. The Parties hereto now desire to extend the term of said Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. Section 3, "TERM ", shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on July 1, 2007 and terminate on expenditure of allocated funds, unless terminated earlier in accordance with Section 12, below." 2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: J E2mey FL TC ty APPROVED AS TO CONTENT: GEORGE RE Z Acting Executive Director, PWA CITY OF SANTA ANA DAVItrN. REAM City Manager INC. ANDERSON 141- A007- C-04 -ooj AC° CERTIFICATE OF LIABILITY INSURANCE PRODUCrn (94911851-8800 b GSM Insurance Sarviceo Lic. 7OD25612 10 Cc•rpo_at* Park #307 QAtE �s1KMYYYY1 8/21/2009 19) 851 -88']2 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORIVATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvinci CA 9263 -. INSJRERS AFFORDING COVERAGE NRIC 4 wsuprr i;f ^rl L :V'311t 11.LS Inn Co Curbside, Inc. sl ^ R y Great Div -'de 17:3 Co 500 S. Jefferson . F -aces _ .2 CA 92670 COVERAGES •`IF : OLI•CIES OF i'J8U?AM10E - '_;S-ECI SELCi': HAVE EEc1.1 ISS_�EO "C 'NE •`JSURcC P:RR { "c� ?Bi3�E FGrc Hi FJL,.�?FA.UC h.GIC1TEC I'.G''f'1I'-•S'AN[2 by ANA RECUIttEA�tVf, 7F.iL! :rFa CC:NL]C[iGK OP ?.NY CL?tiTitACr i "R OTHER DOrUIr'E' : "'Jdl''rI i� =3PE^T Tr, .C- tl' -•=1s CERT!>•1G1TE `.L��" eE +35JEC QR MA" :1: HTA N, frF Jk5UR NCE AFF ()R3Ea 9Y -HE r-CL :C'ES OESCRISFU -EEREN IS SJ?:_CT T6 ALL 7-HE TERMS. EXCLIUS'.CNS +4Nn CONDITIONS OrSjr,. j 110..!.,kt.. ACii)'?E :LiA -_ UM SFMAI MAY HA,42 Lt J F ULCC_:S 8V f`A f C AIM --2 FGJC9 C +- LClS E 1\r'CY EXPIROTOr. LTR FYtnri,. - ra- -..1.IMSUAw _, __... ..POIIL Y'N{,MaeER 41L!ti +firPU +YvYY ". CAT•: :uM1UC_YYYv+ _ __ L ".1115_ _ ' GCKeRAL LMDILIT'Y H::�. �Il ft f 1, COO, coo I{ rr.u•� � o rt r L }C i- N}JUi:; .k + += n¢iv''�. L.AUq � 1'• NFall'Fti F A � V s i;i0 . f. +OC GC I X 7 CA'. • :.1N Y':.:i u2v_18 : -L2 si23i200v ; 8/23/2010 +.Era ;~r,.rog« on) S 5,00'71 �=N1. I•r;J�HI -;;A1= _ I•.f - hcY_It5 f-?''. ea 1Ca:ca �E �� :2.urr X�aP�.alTc _ _ 1 All C1 S:1's.LC_L' •'.18'05 X NIRT -, A,. T.•, i C h ; Cu-m:: 'a r Cel l :u:l. tt + riAR AGE L•AU' L+T Y ;\,t L �••y aI F� I 18/23/2079 9/23/203:: Fl;s:^,C;:r,L a A\:•c t.�,;Ety s 3, Oo o• I: u 0 r.F!,ERA; A:::1RiilA r . r e; OCQ, Oa0 FROxWCTS 2. 000, C00- �i�b'9IrICC5114C W,1 s .000.00 i ^e' ULLJtn" V J{'Lt (r fin• jr=c.rn, rA A:.C:L' :NI t -I n i Fl;s:^,C;:r,L a A\:•c t.�,;Ety s 3, Oo o• I: u 0 r.F!,ERA; A:::1RiilA r . r e; OCQ, Oa0 FROxWCTS 2. 000, C00- �i�b'9IrICC5114C W,1 s .000.00 i ^e' ULLJtn" V J{'Lt (r fin• jr=c.rn, rA A:.C:L' :NI t -I n L*SC RIP TI CN Cf- lkLKA IR.M I Lf)=AIWFJ5! VEPNC _LS 1 EXCL VIM NS AL-3L-D BY ENUON SEME.JT/ SPECIAL PKZN)S. CVS Tliv` Cyn,wrAl l:abil%Zy pol.i/:y incl'.Ide3 tha :0Tf of RantA ACA, irFl nFfi,anr9, GCJp1Jy908, p7,�r�`. r,, yplUSL6vr9 0rt ruproaen" ivies as adr1lt:,wial ir.5urtui K_LIl ragard Lo W.rk : viz :utnnd ::y oz on EJa!in_f o_zho Nnco:3 :anuzad uhura COLT"Xod Ity xzLtton contract. "Except 1C days for ncnpaymenz. of pracicn CERTIFICATE HOLDER CANCELLATION may! � SHOULD ArJf' 7f Yn?k ADDLE OCEC7_6L_ PGLICk�6 dL CANC$LLBD tleFGR[T!i� E%P;RATij)f. U> y Of Sbr,*;a Ara DATE Tki :REZF,T-fc 3p_ _ ?aYs wwrrFN DapartmQnt of Pub1 :1C W;>rka NO "Ctl 101 fCfR1p.'CAT'E IIOLLE14NAMk0 TC'E!!1 LEI T,PW - ___ A is Ww� .'Lttn: Chr;.rsty Mendip 20 Civ_c Canter Plaza, M -21 � Santa lula, CA 92702 I{ AWNDRIZEO REPRESENTATIVE _ r ACORD 25 (2009101> Q 1908.2002 ACORD CORPORATION All rights resorvud. INS025 fm q)l-, The ACORD name and 'ago are registered marks of ACCORD Aw E 11 .• 11 •,CM.:71 iE.k.- r _ :)Cta,K M: 14NIK04 •+ 5; I x ^Y AND EM?LOYFRS' l.Atl r l! Y! /: FG %' VS L19'S ER ' FVr [1RCi1riCFC0^lA NT.✓. ^ :rtt•vF_ I i ACI,A CCN- t 'JUJOUC (N�ndalerf In lM .�rC.a15 :235 " - :) 8/23/2309 8/23/20_3 NSCA5 C4 E) Lv!E t 1 070, QGc• Yw1,__vx n`n i IC - . h. F`f» 1,T5�^IS auk n __.. _ . >_.: +t'U1SF. , (i:: y W, T 1 : 1 , 00n 00!11 A jorrLRContractcrs ?CQO o2va_vl_1, I .9/23!2009 I9/23/2CIC iaca Dxuscua S _ !,0.^.O,OOC Po11LL_en Ao :,eooa_e $ 2.0.0,000 L*SC RIP TI CN Cf- lkLKA IR.M I Lf)=AIWFJ5! VEPNC _LS 1 EXCL VIM NS AL-3L-D BY ENUON SEME.JT/ SPECIAL PKZN)S. CVS Tliv` Cyn,wrAl l:abil%Zy pol.i/:y incl'.Ide3 tha :0Tf of RantA ACA, irFl nFfi,anr9, GCJp1Jy908, p7,�r�`. r,, yplUSL6vr9 0rt ruproaen" ivies as adr1lt:,wial ir.5urtui K_LIl ragard Lo W.rk : viz :utnnd ::y oz on EJa!in_f o_zho Nnco:3 :anuzad uhura COLT"Xod Ity xzLtton contract. "Except 1C days for ncnpaymenz. of pracicn CERTIFICATE HOLDER CANCELLATION may! � SHOULD ArJf' 7f Yn?k ADDLE OCEC7_6L_ PGLICk�6 dL CANC$LLBD tleFGR[T!i� E%P;RATij)f. U> y Of Sbr,*;a Ara DATE Tki :REZF,T-fc 3p_ _ ?aYs wwrrFN DapartmQnt of Pub1 :1C W;>rka NO "Ctl 101 fCfR1p.'CAT'E IIOLLE14NAMk0 TC'E!!1 LEI T,PW - ___ A is Ww� .'Lttn: Chr;.rsty Mendip 20 Civ_c Canter Plaza, M -21 � Santa lula, CA 92702 I{ AWNDRIZEO REPRESENTATIVE _ r ACORD 25 (2009101> Q 1908.2002 ACORD CORPORATION All rights resorvud. INS025 fm q)l-, The ACORD name and 'ago are registered marks of ACCORD Aw Pc -lied #ECPD 020018-,-1 I E'fCciivo Date OR•i2al0�j Natned Irsured: Curbside;. Inc, ENDORSEMENT This, er.doraon.on; forma a cort cf tie poL,:y •.vhch a _ att!kutIW. Pease read It ca Afuiir. Th'3 Cnd- mL.ment rrodrfiAs Insurincc oro:.co i ^i:or Ule'a 101.1 :1cd: MARONMEtiTAL COMBINED POLICY S- ---v ^n III - :`:ho is ar 1ntKaed s amerce: is :ncluc'o as Pit I"lFu=e . VAlh rCSQact to Czverage A ano 13. an.y pvaor(9) or c(gurizotion(s) whan yu:r and suci perscn(s) :lror;ariz:itic^(s`• have agree3:n s'.w. ilten ccn; E ri cr w.l,Ien apreeme•II 1st st:ch Nrs^n(s) or craa•1l2at quo ;rc addsd ae a:� a:4d'ti:;na Inscaed cn yeur ::u;icy. Such vlr's.wti ccxnrart cr •.srl(:ar. �:1resrnanl rhuet be ?r. ofrect prtcr to the accurranco �! In_ : iee to the clahm o• suit for•.vh C.`. tme cerson(sl or Urtja:llC Y�:Xi(S} Ra Gk:i Cav0—,A! U. :;uch rn:iJi["cr.ai ;r,g�rHQ status a::, iaF �. ;��: 1;0h :tir )HCt to your work oerfc•med tcr sr;:;h psrec•nis) or orEarizat'cns; I- the parfor,•rares of yocr cngDir;g operatbrs fcrlh.e nddlt ens' ±n d.rld; or 2. J :ih rb spat to your work ,:arfo^7cv for suO pe.son(s) crort;e�i'xe;rone(st attc Inckided in the products- camplotod operations hazard, onl7 •.410.1 r•1eulre -1 by the * --;A eo contract ur veitten agree•nent. ruspel:t to damages caused cy your :+cork, as dssr bod abova, tho covc;ago pro':Idod horoundor elul,i ca priMar�� and not cc.,ift rllrog .,,Y.h any o'u~ar'rsuarca a aijablo to ;dose perscr(s; o- oa�anizat!on(s) .%A1 Mich y;r_ he.ve eo agrocd it a Ar.tter. contract or wrlttsn zgraernent. O:. 1- MW( uc ,WiaojclWtu�W04r.;Lr.p.%fa ?cyc:a LC a:c'."a ts .l'NICa ^ G,F ? -X,1 SO C8 O 1Q8d -:Plf W t +e: Gr c;;w:rna Ac nkc• Ina, r, 7lar:al sscd t4 I'm rrl :ar. , Pala I u' � W INSURANCE ON FILE A- 2008 -062 WORK MAY PROCEED UNTIL INSURANCE EXPIRES OATS: 1• w 716 200$ HATE: H!�"'NN 1 b o: P%vA(_ 0 AGREEMENT TO PROVIDE chnsty Nndlcj RESIDENTIAL UNIVERSAL WASTE COLLECTION THIS AGREEMENT, made and entered into this 7h day of April, 2008 by and between Curbside Inc., a California Corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of universal waste collection. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in the battery recycling field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide residential universal waste collection for residents of Santa Ana as set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, $65.00 per stop. The total sum to be expended under this Agreement shall not exceed $40,000.00, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on expenditure of available funds, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: 2 (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-43) P.O. Box 1988 Santa Ana, California 92702 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Contractor: Curbside Inc, 500 South Jefferson Placentia, CA 92870 Attn: William Anderson, President A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes 4 of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. LICENSES AND CERTIFICATIONS Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: it/ PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: .JOSEPH W. FLETCHE City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager C. rresiaentl Tax ID# 33—fV �%� EXHIBIT A Residential Universal Waste Collection During the collection period agreed between Curbside and the City, Curbside will collect universal waste from any home in the City of Santa Ana for a fee of $65 per stop. Residents may call Curbside's toll free number to schedule a collection during the agreed period. The following items may be included for collection: • Electrical or electronic items (including televisions, stereos, computers, printers, cell phones and microwaves) • Household batteries • Automotive batteries • Mercury thermometers, switches • Fluorescent and compact fluorescent bulbs Residents leave materials on their door step or near their garage on the collection date. Assistance will be provided to disabled. A receipt will be left for all materials collected per stop. • Electronics and lighting tubes/bulbs will be processed at a -State of California certified recycling facility with full documentation • Automotive batteries will be shipped for domestic recycling • Household batteries will be recycled at Imetco in Pennsylvania • Mercury devices will be shipped for recycling to one or more EPA approved mercury recycler(s). Curbside will provide advice and design layout for public education/advertising materials. Curbside will monthly provide to City an invoice detailing collection services, with a copy of the collection receipt left at each household. Curbside will also provide a monthly and year -to -date recap of expenses. Collection periods will be jointly determined and will be based on public participation and available grant monies. •/ • DATE f!AhtittYYYYYJ CERTIFICATE OF LIABILITY INSURANCE 8/21/2009 PFW-01 czR (949) 851 -8804 SAX: (949')651 -8842 THFS CERTIFICATE 15 ISSUED AS A mATTER OF INFORMATION GSM Insurance Sarvicee ONLY AND CONFERS, NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lie. #OD15612 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW._ 30 Corporate Park $307 Irving CA 92 606 INSURERS AFFORDING COVERAGE NAIL INSUM --11A Nsul=a.lus Inn CO C---- , Inc. Insu, a,r —reat Divide Ins Co 500 S. Jefferson INSURSaG: INSUFit.•R d: 11?lacent�a CA 92870 IN$J RE COVERAGES 1;1EPOLlCIES OFI.NSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOPNJTMTANUING AN•f REOUIREMENT, 'GERM OR CONDITION OF ANY CaSIRAGT ON OTHER 00CUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR 141AY PERTAOV, TFE INSUJFRANCE AFFORDED BY THE POLICIES OESCRIBE_O iHEREW IS SUBJECT TO ALL THE TERMS, EXCLUSIONS A,14DCONDITONS OF 9 UCH 1100' -IE$. AWREW, E LIMITS SFfOwN MAY HAVE KEN REMCED BY PAID CLAIMS, MtBR . .'' .. LIMITS iTR. YSR Ty 0EI SU"H2 POLICYNUMER YI 4XA a TxrtALLUBILm FACAVCCtIA11 Knr $ 1,000,000 TSA1ktdE 4d Rc^tTTfb X 003tM01L.e1. r,ENERn�L 'LIAUa.rrr ' _k'Nt,1ISk3 ae� ocltny%gl .. S if0 OQ0 R CLAM srE OCCuR item 0200181-12 8/23/2009 8/23/207.0 gj�q�tAv" in PERSONAL & iCN INJlX / __ ._. _ _ cFn rtALctaecaA S 2.000, 00,0 r,�wl A1jGFW -JA, TrLIWTA.. r.IESrR M0ducr5 casiP�.13PAGD t 2 ODO X00 X f Pa0r,e I LOC I _ _ _ AuiCitOait.EClAam•IfTY COMBNdED SINGLE :ILIITm i 1,000,0040 X Auv A11 TQ D AI.I,OWJ!:DPi+ -0G 0200182 -12 8/23/2009 B/23/2010 ROnILYlNJ4HY S ^T ULIL�L'AUT{iS (ForForwni S X NIRfr;1 ti:Ti3K 'Put fJS.Ji1i!` .. _....._ it ION- OWTt�I AiTrn.. IpeT.urcitienll came i Coll Dori. t...r11<�v� "• . L v pkOPE 1TY'"'AGS 1 4 00 tpm aoldeA I RARASC LtADYITY AUTO ONLY• kA ACCIL ;6Nr 5 1 ANY MITO : . EA �RLL'.. S _...... __._ i OtHER T!iA,k AVtOONLY. ACC, S _EXCEWWWRELrLAV}A}7HJ7Y p „�..�•^^` - ~ -� \til}'CIlUS'. C+,1CI16CCUi6iEFk:E b ,rY GtA:M3A6tLK I ��SCi. � AGGREGATE I 3 I ( DEDUCTIBLE 8 AND MPL(7YERS *LIA0aJ7Y YON X SN3YaiI1diS9l _ . _ EH _ . Awt opnEToNrARTNEfyuE- cAmvE: r-LL" RAC ICCur S 11000,000 c�fl�E'sa exta.uc>E;nr (ht,mlabrjlPNM 1523397 -1D `8/23/2009 8/23/2010 ELMAEM19- rA@A9TLOYE s 11D00 ODO ___.ev.:; PF{ONXRlCW3 bebr D15FAFF• POt TCYr ulrr a 1 0 0 DOO A MVERContractors ECpO 02aaisi -12 8/23/2009 8/2312010 ZacdiDoourrntwa a L'000,000 Yollut-ion R4oxso4 e S 2,000,000 s i Dt:Bt:Wp'TtIIN OF OFiW1T16N5 f LOCA,TIOpkSf V6HiCLEg! EXCL11Y7ONS AIX38DKY kttUONYEiTE.'VT'R 5PLCIAL pR'JWlia•ONS Tho VoTT•wral liability poltoy includai the City, of 9antn Ana, itF1 officlare, employesa, agenta,voluatears and raprasantativos as acieu tiolial insured with regard tb work partormed by os on behalf of tho xam" Inaurad wf uru rimcpirod hY writtan contract.*Nxoopt 10 days for nonpaynart of premium. SNDULD ANY OMMADOVE oatcFusen MXk.1IgS RECANCELL oaePine THE E%PatAnoh City Of Santa Axis WETNEREDF ,NEWLM.0 INSURER %ILL*M)OM TAIL 30 _ DAYS WRrITEN 1)opartnant of Public Works NOTICE 10THECEk11FdCATE HOLDER NAMED TOTIQ LEFT. it�)��gii�%Q�i 0 a2 Civic Canter Plaza, ?aG?PL�IX6� { bf�E�Gj €')A�(VG�47#961CX�li»C'35�16�FA E M -21 Santa Ana, CA 92702 AW90f 2EO REPReSONTATIYE .ioy False /JLF ACORD 25 (2009101) 0 7488 -2008 ACORD CORPORATION. All rights reserved. INS025gwwiI The AGURD name and logo are registered marks of ACORD Polic y #ECPO 02007x1 -97 Etfecbva Date GB/23109 Named Insured: Curbsido, Inc. ENDORSEMENT This andornoment forms a vat of tl ie polluy to which It is attached. Ptea5a read It aerellay. This ondc%memept modifies Inauraneu prov(dod un €lot the fal lowing: ENVIRONMENTAL COMBINED POLICY Sacrlon tit - -'Alho Is art Insured If; emerded to fncluda as an Insured, VAth respect to Coverage A And 5, any prswr s) or igenlzatlon(s) when yu;r and such parson(a) or or ?anizati n(s) Have agreed in a written contract or written agreement that such perscri(s) or otgardzatlon(s) as added ae an additional tnstxed on your policy. Such Memo contract or wrltwr: agreement must bo In affect prior to the aaourranco giving ;Ise to the claim or suit for wh'ch the;.erson(s) or organs zatiaa(s) 6V Gks coveratto. Su -.h ndd11tornI Insured status appiias only: t. With respaut to your work parformed for such pereon(s) or organizatior(s) In the perform ante of your cngoinq saperatiorui for the additional Insured, or 2. Nita rosr.wt to yorrr work porformad for such parson(s) or orgaNzatfone(e) at;,d Included in the products - completed opsraftrw hazard, only when roqulred by the Written contract or vtrttten agreement. SAM respect to darn aque caused by your work, as desorlb©d abode, the coverage provIdod hereunder shell be primaFy and not contributing Mth any other in"ance avallable to those person(s) or vrganixatlort(sjl v401 vd:flch yuj have sn algrood In a ;mitten contract or written agreement. U,!Mby f3E1W1 WCWteUrWW*1;WpWaAsjtfj4 L10, on glUlo of N" de G9M)mfq'LVId GJLijojVld2 Ira'iSmu CRjMOrp'.,aX rtt1'k" ronlyad. 0 food-4C96y.Neuw"sgevle CRIM.lna,rrall0lwWbdWparrrtMxSon COP 11304 1006 r'�a� 1 n' 1 ` CERTIFICATE OF LIABILITY INSURANCE ANY REDt11REMENT, TERLf CR CONOIT1Oy OF ANY CONTRACT OR OTHER DOCUVIENT WI'K RESPECT TO WKCH :HIS CERTIFICATE !NAY BE ISSUEt± OR PRODUCER THIS CERTIFICATE IS ISSUED AS A ONS OF SUCH Risk Strategies Company ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOE$ k 714 NSWI POLICY FFEcT E E.G „1riiURAtl&f PQL:CY NJausER DATE [µ :YY'tl 2040 main Street ALTER THE COVERAGE AFFORbED .1tY ... Suite 580 EFGN,ryGCURREs;CE S Irvine C.I. 92614 INSUFMRS AFFORDING COVERAGE .Y. CC At[Fli -tAL f:CNLFtAL LiAti0.,1:Y' VISIAra 24 GjUtERA.Na,»G i lias Ins Co IOD, D�0 Curbside, Inc. IMLF.Er73GTCdt Divide %1S CO 8123/2011 MCD0P {4n orepctml 1 500 S. Jefferaon f� [�L') y - NSL.RERC AGGREGATE 04SURER G: 11 00 a,, 00 0 Placentia CA 92810 t4SUtLR= i o.FTe Immloarml SID_ 8/23/2010 OF FNFORMATIO THE CERTIFICAT NAIC 0 TI-Z YOLPES OF INSURANCE 11ST£GBELCW HAVE BEEN ISSUED 70 WE INSURED NAWD AZCVE`FOR THE POLICY PERIOD INDIGpTED• NOTWITHSTANDINQ ANY REDt11REMENT, TERLf CR CONOIT1Oy OF ANY CONTRACT OR OTHER DOCUVIENT WI'K RESPECT TO WKCH :HIS CERTIFICATE !NAY BE ISSUEt± OR MAY PERTAIN, THE INSURANCE AFFORDED i1Y TILE POLLC`ES Lesc.p. rn HEREIN IS SLAJECT TO ALL THE ?"16m. exCLUSIONS AND CONOI T ONS OF SUCH Pc4ucros, AGGREGATE LIWT5 SHOWW MAY HAVE J €E`I REOLIC D rY PAII^ CLA111S. 'j. .• .. 5 it "! GARAGEUA..A' k 714 NSWI POLICY FFEcT E E.G „1riiURAtl&f PQL:CY NJausER DATE [µ :YY'tl P ICY EY,,3'"TION AA:E u}kfQ`rj 'Yin . -UwjrS .1tY ... GEN.RALLIAQLITY EFGN,ryGCURREs;CE S 1., 040, 004 .Y. CC At[Fli -tAL f:CNLFtAL LiAti0.,1:Y' DAN1,4E TO RSr.T'Lti , CHFeLLSf.5 I[tt o rrmxaj A IOD, D�0 if Ll.� +s1 f1,tC; :: (iCCUfi F.CpO 0200101 -i] 8123/20/0 8123/2011 MCD0P {4n orepctml 1 51 DUD AGGREGATE KAI(,%WX A A1W %JURY i 11 00 a,, 00 0 (9E&RALAWITECATE 3 210001000 CSEISI.. Acrti,: �ATF LIP41 AWLIE,$ PF.R. Pii40UCTS • [:nk4P,,)PA0G S :,1100, 000 POLICY ,1 P LLX ARO ESfP1.0Ye. V L.fea1TY AUTOMOBILE LIARIVTY •�-_ - � N (*F E&1IEMftRln.WTNBR}F'x£CitriuE { tVgq,ew>y EXCLUOF. D? EiiC]f15.23q; X ANY.AU7;: it.. olr wtsl.xllwur ; 1.:0D.O00 b ALI- c:ft1rf3AL'T3 axpa:bo ca_1T 6/2112010 8/2312011 5lkY+ •.--. _ £L�SSFJ,SE- POLICY LIrulT s I.00- YNUItr 3 t+, OTi1ERCOntraCCDra Milo 2200123 � -1.3 8123/2014 8/2312011 .SCYk7ULiL:- A014—S ;PrrPow, Pollur.io.n and Fol:ay ATrgregAR6 OC ALY'.M:il1Y Professional Liah. X NGM UN'VEL'.A<rT(}S (Pw.d%ir6 -tI Ut$G.RIFTTOMOF ERATIQNSILOCATKJtt 14ENICl. LLr�kCLVEION SAOaWLIY END DRSEWNT t3"CIALPA(MarANs I I S HOULDANYOFTHEAROVEOL-K AIDEQDOILZIRSOfrARC :ELLEDSEFORILTHECKFIR TI0!1 ftll GATE THE REOF:'HI! ISsui}EG Yea ek v4LL W0")WtmL 30 DAYS wWR�" Cit;l Of Santa Ana NQTZETO INC CDR:IRCATC IOLOCkt NAh"To Thf L.EsT, M> X Wx0*W Department of public Works ' 'iI �QXa�t}f?lff' 4r Itii 6J�iJ�A G1 Attnf Christy Bandig ,14±4�43Qf 20 Civic: Center Plaza, 1!1-21 AUTHORrtEDM- %9StWATIVt Santa Ana, CA 92702 Michael Christiar - /CiiM ACORD 25(x009101) 011988 2000 ACORD CORPORATION. All rInhts resarved INS0251230&0I5n, Tho ACORD name and logo are fr0istcred marks of ACORD N PROPERTY GArmd” S (t''v.ix:AenU 'j. .• .. 5 it "! GARAGEUA..A' .1tY ... AUTO ON_'f EA,A1rC„G�>•.N'F f ryv ,,7 + AU — r j 011•ILN. tpAN 5 5 At ; Arlo I GG[:zR �_ CAA:ArS LMDE- f AGGREGATE MOVC:ME. i S REiFNt':�. v f ARO ESfP1.0Ye. V L.fea1TY �i N (*F E&1IEMftRln.WTNBR}F'x£CitriuE { tVgq,ew>y EXCLUOF. D? EiiC]f15.23q; TORYSIJAtt$ :.LtACHAC:ICENT S 1,444,004 th w) ff Y*I *up III KH} -1: a /2�l pia &12�12�11 T�y�. 4071C,Dd antler - - SFGCIAL Pt%)[Alfil)HS c. L. PtSBA:SE. FA EfAP1,"r, S - 1.,040,000 5lkY+ •.--. _ £L�SSFJ,SE- POLICY LIrulT s 11000,000 t+, OTi1ERCOntraCCDra Milo 2200123 � -1.3 8123/2014 8/2312011 faz o::44rr -"t $1,000,000 Pollur.io.n and Fol:ay ATrgregAR6 52,p4b,GDD Professional Liah. Ut$G.RIFTTOMOF ERATIQNSILOCATKJtt 14ENICl. LLr�kCLVEION SAOaWLIY END DRSEWNT t3"CIALPA(MarANs Tile genertr_L 1•:9%bili.t)F p011_y ineludea -Che City Of Santa AnY, I._O Officers, afnpl4ya4e, OCBRtN., VOIJITL!!r{ and. reprosentativee AA addatioaal insured v4th reGrard to wck p+rfOMed ay or on behalf ofthe Hamad Znaared where raquir -d by vrittar. Cen.ract..ExCEyt 10 days tnr coapayment of premium. I I S HOULDANYOFTHEAROVEOL-K AIDEQDOILZIRSOfrARC :ELLEDSEFORILTHECKFIR TI0!1 ftll GATE THE REOF:'HI! ISsui}EG Yea ek v4LL W0")WtmL 30 DAYS wWR�" Cit;l Of Santa Ana NQTZETO INC CDR:IRCATC IOLOCkt NAh"To Thf L.EsT, M> X Wx0*W Department of public Works ' 'iI �QXa�t}f?lff' 4r Itii 6J�iJ�A G1 Attnf Christy Bandig ,14±4�43Qf 20 Civic: Center Plaza, 1!1-21 AUTHORrtEDM- %9StWATIVt Santa Ana, CA 92702 Michael Christiar - /CiiM ACORD 25(x009101) 011988 2000 ACORD CORPORATION. All rInhts resarved INS0251230&0I5n, Tho ACORD name and logo are fr0istcred marks of ACORD N Namad Jnsured'. Curbside;, Ir,C. Efry owe [fete: 0- 23-10+ Poky d ECPC 0340181 -13 ENDORSEMENT Th,a endorsomerA farms A cart of Via paiicY to NMloh It A oraahed. pleaso read It oarofully. ?his erldwsonlerrrl lvW= Inswome proV;dod urdcr the'd)MIng: ENvIFIONIAENTAL COMBINED POOLtC'Y SeaJio, ^, lit - mo is an 9nsured i$ amendad to include as an Insured, with le W1110 Coverage A and B. any persa "(s),Or grgaclJzellon(s) when you and such persons) ororpnlMtt011199) have agreed% a cvritten contract or v+ritlan agreement that s1.eh persons) or organizat-ion(s) be added ss an additicAW Insured on your FOGY, Such wrllten contract or wr,tten agreeiment muotba it oftoct priorlo t^ a accurrenco giving rise to the CAW or suit lorwhich Iho pnrscrl(s) Of oroanlzaUonfs) Seeks coverage, Stich additlonal Insured atntus Appllss anEi: . WJih respect to your work Ferfom;ed for such Pelson(s) Ororgarii7sllon(s) in tfaa performfMce of your oNc ing apamtknis for the addillonsi Insured; or 2 With r05-1200 to your work performed for such persons) or orga�nlrations(s) and included En the products- completed operations hazard. onty when requtrod by the written contract orwrilfen agreement: With respect to damages aa,rsed Ly Your work, as descr•.bod above, the coverage provided herav::der shall be PO MW and not contributirig %Ah arry other insurance ayaiteble to those panscn(s) or erge+nizatian(s) With vdllch you have so agreed In a 1YrtMI centred or 1Yr tten agrecmer11- G ecvu br 11atx�ay apeaaay t,�perrrtiagMaaAQen Ltc, an gmear ar itewntua:n�uarrn Comport and U, tut ClWds trwilTr�:n Campar?7r. All!IpiOa totoavcd. ®IN54WAbt Woml S� tyt7yrCOins .tnniar<fluaOdMrpOmWIP,m Prge 1 Ci ECF 1004 10 06