Laserfiche WebLink
9.3 AB 939 Indemnification and Guarantee <br />Contractor unconditionally guarantees compliance with the requirements of AB 939 as <br />amended from time to time. Contractor shall carry out its obligations under this <br />Agreement so that the City will meet or exceed the Diversion requirements set forth in <br />AB 939, and all amendments thereto more fully set forth below. City and Contractor <br />shall reasonably assist each other to meet the City's AB 939 Diversion requirements. In <br />carrying out the provisions of this Section, Contractor agrees to perform the following <br />obligations at its cost and expense: <br />A. Defend, with counsel approved by City, indemnify and hold harmless the <br />City against all fines and/or penalties imposed by the CalRecycle, if Contractor fails or <br />refuses to provide information relating to its operations which is required under this <br />Agreement and such failure or refusal prevents or delays City from submitting reports <br />required by AB 939 in a timely manner; <br />B. Assist City in preparing for, and participating in, CalRecycle's biannual <br />review of the City's source reduction and recycling element pursuant to Public <br />Resources Code Section 41825; <br />C. Assist City in responding to inquiries from CalRecycle in applying for an <br />extension under Public Resources Code Section 41820, if so directed by City; in <br />conducting any hearing conducted by CalRecycle relating to AB 939; or in any other <br />investigative or enforcement manner undertaken by any agency; <br />D. Defend, with counsel acceptable to City, and indemnify and hold <br />harmless the City against any fines or penalties levied against it for violation of AB 939's <br />diversion requirements, provided that Contractor's obligation to indemnify City shall <br />be subject to the limitations set forth in Public Resources Code Section 40059.1(c) as may <br />be amended from time to time; <br />E. In cooperating with the City, should it seek to become its own <br />enforcement agency, to the extent it may be permitted under state law. <br />9.4 Insurance <br />City does not, and shall not, waive any rights against Contractor which it may have by <br />reason of the aforesaid defense and hold harmless agreements, because of acceptance by <br />March 9, 2020 60A1� 0 1 City of Santa Ana - DRAFT <br />