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HomeMy WebLinkAboutCURBSIDE INC. 5 - 2008INSURANCE ON FILE A-2008-062 WORK MAY PROCEED UNTIL INSURANCE EXPIRES 8'--02"3 -(1,Y CLERK ppFQU C DATE: H r"li � & ZOOS a P%,vA � z) AGREEMENT TO PROVIDE Christy Kind C3 RESIDENTIAL UNIVERSAL WASTE COLLECTION THIS AGREEMENT, made and entered into this 7`h 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: (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: and Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-43) P.O. Box 1988 Santa Ana, California 92702 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 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: 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 ERSON 1 11.01L4G►1L/ Ntv �- f �% Tax ID# �3—CM 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. •"�`� � oAtEf"�NaT�YYYY) ' RIO CERTIFICATE OF LIABILITY INSURANCE 8/21/2009 pnoau"R (949) 851-88434 FAX: (949)1951-8802 THIS CERTIRCATE 19 ISSUED AS A MATTER OF INFORMATION Gam zzz urancea Sarvic�ee ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR L.ic. #OD15612 ALTER THE COVERAGE AFFORDED BY THE POILICIES BELOW,- 30 Corporate Park #307 O r'vi.sla CA 92606 INSURERS AFFORDING COVERAGE NAIL _ -- IresUPPr, 1h50rYil ANaUt-ilea Inn Co _.._ Curtsid , Inc. jrWj gs.Great Divi de Ins Co 500 S. Jefferson INS mac. Flacon a CR 92870 IH�U RE COVERAGES ,. _._ Tk''E POLICIES OF 12dS;SRRW�E UaTE[3 QELCiV HAVE BEEN ISSUED TO SHE LwSUREQ PIAMED ABOVE FOR THE POLICY PERIOD kNt7lCATE4, hp TI,NITiro'STANUlNO p A KV REOUIKEMEW, TFRM OR CONL3MON OF ANY C&h TJRAEF oR 6THER 00CMENT' WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR 141AV PERTAIN, TFE iN$LL [I AFFORDED BY THE POLICIES DF SCRIBED HEREIN 16 SU9JECT TO ALL THE TERMS, EXCLUSIONS „CJD CONDITIONS OF SUCH A(kIRF.GATE LIMITS SftC7wN )AAY HAVE BEEN REDUCED BY PAID MAIMS, CFhFGGTi*l tK1IlCY ESiPlRA'R4h kLB. t fl . ,m _IYPy,4}FIR ElfiihN PGLIGY NL04EH �rtYi €iGSTMAL LIABIJTY EACH OC(;ORrt KCrR s 1, 644, 004TO . 01 1.is4'�4Mkriu,bL.rEFiEitAl.�11AL14LnY�'PGF40NAL NN'1r IEfiAL nEO '11i S l00,AilG., �t r c CL3.FX MAPC �'Xyacc kN p2ocsg--a2 B/23/2oG 8r29J2t114 +� m mlcww ora n0 s 5"01 SAGVI+OR? g4o.,aa4_ _._. tE4F4QLALaARFiA�E r;�N�AG ?�rE I�sr «Ips ria �rROWCTS,CUMP1.13PAGG S 2,000,000 3 I POLi,YLee 1_,•, ,,. _ _ �• „ AU1'UWHiLE.LMNLITY 's COWSHED SING.E.LIMT S 1 G44 44:I _..-. 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C P."r'4FE.127YL SiADt.�� .. 2,000 _ s Moo rknlj 1 (-.AK GELAADkirY �4t7t}dNLA-kah Gi4��T ,a4Y NIT-DrHER THM EA 'SGC- -S SS '210' IONLY, AOC', S c r UVIZAEGLA VAMiTY # ,...<+^"""""•-"-'' '�,.bi>LkTk141< CAGB 4CCrMENCE ,xl:7:( a I�� Faxes i ,,�<Lt��'� L` a,xGaECATE c 3 f�lkrfl,C9�! $ ATWKERS COMFERSATION AND EM'r'LtlYERS' L4AMI i Y A*lYPliAr�filETORrA3t:NETWEXE��.MW "Y('"'"( r-Y KACIIACCIC+CHL OFFiC.FJ�r� ex .tacxtnr 1,_ j (VlftdAmr,,nn") 1512357-20 8/23/2009 8/23/20a0 EL 013 Asls ��A EWLOYEE 4 acrnjo D1 Ae E• pc icY uAlr _F 1 000 Of5C1 "��A°.:pF?SYufivlC+N3_G&krw� rA kENContractorrCP7"7 12 8/23/2009 812312010 Lac€h D=urranca 5 L,000,000 2,,044,,004 [tEBCltLa`7EL'N CIF CdFi-.KAfifUN$1 LaGAfiUNS f+,�w�S.� f EaiCLi�XCti3 A.iX�Ea KY tt,'I7UHy�MENY t SPECIAi PltiiVlSci�il$ Thra gorvoral liability policy includas the City of Santm Arca, itn off.ioere, Gr"10'yee3, 8c0nta,v0lUfLteer8 and rcaeree#ssrxlivme oft Act?" tional insured with: regard tt1 xeric parfoxibod by or on balmlf o:eth4 Na=od Sn!jur d zrt€orn raqulrai by wr,Ltton contraot. *Sxcep w 10 days for ncnpaymor.t of grenium. fb 1 CERTIFICATE. HOLDER CANCELLATION I str,�I�cUa�av O�z�#�AtsotrEaebcsua�n t�.ICIt;9 d�enNeP�t.ea n�i:attelr� �Iw�.trcx, City of Santa Ana DATE Tl+Et ERY, r)iEtseui:NClNewRER IAILL*X06)0"a4arAIL i0 _ aAY13 WRMEN DopartnQnt of Public Works N4YIceTotrlELEa'1 ATEHOLZIERNAMEOTO7WLEFT,) ()WiX Q)4Xx94x Attn: Chrim- y Xendig 20 Civic Center Plaza, M-21 Santa Ana, CA 92702 AL}rAiasitu F&pRL'Ser4tAnVE oy EolZC/jLF ACORD 25 (2009141) Q 1996.2002 ACORD CORPORATION. All rights reservad. INS025 gomq The lACURD name and logo are registered marks of ACORD Pohc:v;4ECP0 02001,41-17 Etfe ttive Dates GW23(09 Named Insured: Curbsic1c, Inc, ENDORSEMENT Thla ender-ornont tcEms a mart 0 the pcil,.y tD .vhfoh it Is at hood. Nease read It owelutly. This ondorsemeM modules Insurance provfdod milder then failoAng: ENVIRONMENTAL COMBINED POLICY S tick III Alho is art fnscrred Is arnarded to lnhfda as an Ensured, vAth respect to Coverage A and 0, ar:y pio-ser4s) or ,igunlzatkan(s) who n yuj and such have agrees! in as written contract ar writlen aweernent th t such Nms:an(s) or Manlzaticn(s) sc acldsd ae an addlllonal fissured aro your palioy. Such wrlt:ran contract or valtmr. agreement mast be in off"t pflorto the arrurranao Ulvincg :lair to the claim arstart for which the;:erson(s) or orpE131 Zoom($) lmeiks: aoveratto'. Such n(khrlorral l asurod status appfias oalyr: 1. With res,pout to your work performed for suvh perepn(s) or crrpanixaVor(s) In the perfprm arras of your ongoing operatbris for Me additional Insured; or 2. VA rosr.wt to your work porformod for such porscn(s) or org> xa am(el avd Include) lin the products - completed oparatlona hazard, only when to qulred by the wrflfen cantract dr riritten agreement. ""Wi respect 4v damages caused by your work, as dascr).bed stooge, the coverage proyldod heteundor ah atf be prlmary and not cmtriboting vA:h any other nsurancei wmflable to Those parson(s) allot wfdoh yaaj hive so agrood in a written contract or written engreement: COW by ReAi7i J.G. rA OUlu of No "mo lmurmza vamp^ and Grcal. IviG� ira;r limb c, eMerq. PN r ,m ra9E,i4ad, 01084-206by Inv.malusialmil ky,lick n4s m 1.^.F 1004 10 00 I"No t U, l t 'CERTIFICATE OF LIABILITY INSURANCE -8/2iai<tllJiX rYo 812312 Ql0 PRODUCER THIS CERTIFICATE IS. ISSUED AS..A MATTER OF INFORMATION Hick Strategies CoTnpany ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TRIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2040 main Street ALTER THE COVERAGE AFFORDf0 gY THE POLICIES BELOW. Suite 5BO w . Irvine CA 92414 INSURERS AFFORDING COVERAGE NAIC 0 t"t$IiR[tl hiiil I ;iI"r IT18 COK4VAE;R A Curbside, Inc.. / � 31+3VREA & Great 1)ivide Tas CCS 500 S. Jef.ersors � C j "SLIPERC., i �IsuflEa 4r r,l centiaL CA 928,10 _7t -Z POLKIES OF BEEN ILaUE£ 10 i tfL IA45UgED NA1JtD,ABCVE FOR T .E P0LfCY P RICC IINDICATI10. N01VOTHST:ANDIN12, ANY REQUIREMENT, T15Mt OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT Wr)+RESPECT 'aCI..WHICH -WIS CERTIFICAJE MAY BE ISSUEt 08 MAY PERTAIN. THE INSURANCE AFFORUEC 4tY THE POLLC.'ES _E5C.itinrn HEREIN 1S SL"BJECT TO ALL THE IVIIIS: EXCLUSIONS AND GL'NQ171KJtIS OF SUCH PC. LJCIES, AGGAEC;ArE LIMIT'S' SHOWN AY:^iAVE 3LE1J REOLC,rD Ery PAI,CLAIMS. 7*05V L;WrS ER V;3R Asrrti PGtIiY.EfFEvT' € FDUG"Y EkF'RiTlCaii 7A aN.�r.R[� "TF£G" .,#2a7SU1Aii£ PGLCY NUarftERDATE Iw•n L.d:WT4 ° :... tAG'i.M:.:IGE;V7 S ..,• t1FF1l:F,FL7dF_rk?ER E:CiUL+F.:T? F. A�sndut«IMryi `"T3rAk5 23q;-1. G"cki�flAL LlhJi it Th' �{:1e7GCJRRC!.CE $ 1.., t�t��i„ I�+.,T (I :{ [:YJ.WEiti-IAL f.E!IEttha. 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The seneral ;'ability policy irre7tvdee Che City of Santa An" :d_a ofL`iC�:rn, *Mp:oy%ao. acency,vrslun.arers and repr*a-.antatfvea as additional ineurcd with regard to work perfrrxne& ay or on behalf aftha Yarned 111e::rad share rngui:;*i oy writes.^. cenLract. -Exc"t 10 Jaya tar R1aC'�,t'a.vrent of pr"ivm. i 5"GULD ANY OF T?fE AkOVE 00CRIBEI3 POLICIES Rf CANCELLED ELL FO RE THE rXPRA.1304 DA:ET'#E.REOF. )4E.ISSUfJbG.Skt""MLL Y1XX k1,AI4430CIAV$ Vt,1IM'3y�ta..N NpT.CE T, Ttl[ OFRiIF'CATE K7:iJCR NAMT6-'ib 11tE 4EtT„`r`l�'r>•"�J't�f'.`ir'Yl�'t'Ta'„. City of Sawa, Anka YJXX AZ lLY ft�X? f?ifr�€?$iI DGt�ft��G3t:'�1f 56c�ftl� i{�C hkagurEr�nc>art eP Public wcrr=��a A.nCr-t Christy Kendi,g xx"Ku 20 Civic Center Plaza, M-21 XUTHOk2EI3-F--RH3ErTAT"_ Santa e}5na„ CA 52702 >+4ic4ael ChriatianjCFiM ACORD 25 (20OW01) 0 4988.1008 ACORD CORPORATION. All rlphtE rus9Tvet INS025I TIej This ACORD name and Iovo are re stared marks of ta'n`tSRO I Named 11 WWI Curb Jdc, I r,'C- 0 ECPC 02M 1,5 1 - I ENDORSEMENT ,l Th- m Pmforsomaot farms a, Rett C1 the Percy to Willoh It " S pt aChad. PjGQSD read it oarefu*- nii-r, endurtionto" I 110611,es ir3 L-ian,-.e prov-d ad urzdc-f the V!Qv-lng: ENVIRONMENTAL COToII31NF-0 POUCY � ojt;� jr4urcd, with respect *0 CQvorage A and B. any pe rso'*) or St-clion fit -,Mo Is an 3nsurOd is am6nds:J to In I whanyiv atid SUCh PUT.SOn(S) Dror;anization,$)bave agreed!ff a wjjtjLnccntfao,crwrtan agreement ftta,,xhpeT5M(s)QrG(9sn1zaf n(s) to added as an qddItICqaJ Insured on Your FDIIIOY� S=h written coniract or wrAter, III- cisim or sultiorwhich the parsOr)(G) Of giving -Ise to mLst be in eflect prior to t, e occurr#TICD orijanizallon(s) $Belts emor-ace. &uch adaitinnal insured gtntUS APPIIQG only: 1 W1h respect to your w- atk Feerformad for such persoo(8) ororgaP06110n(A) in the PQ1rfOJrMfL-%C8 of your orQuing opuratiion3 for the additional I nsuret, org. -ganizations(s) and included Ell the products- Vylih r.—poot to your work performed for such pe-son(a) or o, cc rnpletod operations tmzard, only when to quit ad by the wflllan contract or wrItion agra ement. Wj.tF respect to d-amar.04 MA -ed 4Y Ycur4vo6, as des0bod above, tho coverage provided hatetinder 61100 be pqrnaq and not contributing VAth anY Gib8t lAsurar'co avahble to Viose par&on(s) or organIZE11100(s) with vdiiGh lou have so agreed 41 a Written contract Of %YTt-Bn aijreCMoqL rarica0unpari 'wamt - AU" GeoarxWj LLC, &n*tMdAA Q1 HC4t1W1Z""" GMP�Wd tmj 'ar"CIVI CF ECF 1004 10 06 W 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) ler 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, andproperty amount of $1,000,000 per occurrence. Contractor shall Supply Ci of a damage, ed the total additional insured endorsement in substantially the form upon attached hereto as Exhibit B 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. 4ATT 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 ACORDti CERTIFICATE OF LIABILITY INSURANCEOATffIMWVWyrYYl NSR POLICY EWOOME POLICY MMOD TI6M LTR WSR TYPE Of INSURANCE POLICY NUMBER OATEIMM'DOA'YI DATE IMMIDO/YY} UNIT! A GEJNERALLWARILITY 8/23/2006 "^ca?cER A Insurance Services License No: OD15612 rax (949) 851-8802 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. 30 Corporate Park 11307 Irvine CA 92606 INSURERS AFFORDING COVERAGE NAIC0 ENSURED A I t INSURERA: Steadfast Insurance Inc. ACurbside, -.2004 INsuRFA&Zurich American Insurance 1160 N. Armando Street�vU� N V� JNSURERC IK41R6R Anaheim CA 92806 ISUME. CO THE POLICIES OF INSURANCE LISTED BELOW WAVE BEEN ISSUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N0TWM4STANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR CIVIER DOCUMENT WTH RESPECT TO 14A' THM CERTIMCIATE MAY BE 1sSUED 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 MMOD TI6M LTR WSR TYPE Of INSURANCE POLICY NUMBER OATEIMM'DOA'YI DATE IMMIDO/YY} UNIT! A GEJNERALLWARILITY GPL 543 5554-02 08/23/2006 08/23/2007 EAt;H oacURRENr,E S 1,000,000' %t COMMEROX GENIER(AI. LNBIUTY DAWAGE TO RENTED- 100 0 PREAASES Ee wels»nee i . 00 CLAIMS MADE50 OCCUR MED EXP ykny arm S 25,000 PORSONALAADV ENAW S 1,000,000 GENERAL AGGREGATE S 1,000,000 GENt AGGREGATE ppL��VypIIT "PLIES PER: POUCY JECr LOC OUXIS- A00 S 1,000,000 8 AUTONOMLEIJACAJTY X AW AUTO RA$ 353 5553-02 08/23/2006 08/23/2007 COWNEDSMUCI.Mr (Ea WAdw.) s 1,000,000 ALL OWNEO AUTOS SCN EDU LED 1Q.! TOS - BOOIIY INJURY : 0' w pwaon} • HIREDAUTM HON-C%MD ALTrOS $1,000 DED CD" BOOILYINJURY (P-wi ent) S $1,000 DLD COLL PR.VFER TY DAMAGE s {P*r ercld.n$ OARAGl LLA6ILrrY AUro oPLY• EA Ao=EM d ANY ALrrO H OTHER THAN EA ACC t AumNLY: OAGC f "VUMBR6LLA UA=UTY OCCUR Ej CLAW MADE CACH OCCUR ENCE E AGGREGATE ! s DEDUcnBLE S xr:rtnnoN s ' S 1VOAHER3 GOMPEN3ATiON AND EwLOYMV UAaLiTY T LIA INTS ANY PROPMETOR.PARTNEwExtcumvE OFFlCERIMEMBER EXCLUDED? E.L. EACH ACCIDENT i E.L DISEASE- EA EMMOYM S U yes. bsalb. ender A WE0AL PROVLSIONS wm.. orHNR Contractor'sDPI. Pollution Liability 543 5354-02 08/23/2Q06 08/23/200? E.L. DISEASE. POLICY LINT Is $1,000,000 Each iacsLdent $1,000,000 Po.Ucy aggreg-atu 023cmrriW.OP OPEAATWN3ILOCAnONSNEW-Lff&IXCLUaONSAODW EY ENDORSEeMENT/SPECLAL PROVISIOMs The general liab111tY Polley lnaludes the City of Santa Aaa, its officers, anployeea, aganta,volunteer& and reprementatives as add ttioniL IZEUX4,4 With regard to work performed by or on behalf ofthe Na Lad Insured vhere required by written contract.pzxcept 10 days for nonpayment of premium. CERTIFICATE HOLDER A:ANCELLATION GHOULO MY OR THE ABOVE DEOCRow poUGILD III CANCELLED EEPORE THE City of Santa Arid OPIRAT)ON DATr, THm=F, 7W 180UIN0 &mqm WLL XkW"&)0WMAIL Department Of r Plaza, -2 M-21 PIC Public iTO 20 Civic Center Plaza, 30 DAYS WRITTEN NOTICE TO THE OERTIATE"MAUtHAWEDTOTHE LIFT, AM �UXU Santa Ana, CA 92702 AUTHORZW REPRKKNNTATNE S,ar►dra Dodge/$ED ACORD 23 (30011ga) - -`— �uee�e .....,..,,• we1e: 0 ACORD CORPORATION 1908 -- - vuP u.,n.w,.a,rw.M.1 in. +mncb7.nvS Pew 1 d2 Additional Insured — Scheduled — Owners, Lessees or Contractors — Broad Form COVERAGE PART ONE — COMMERCIAL GENERAL LIABILITY 0 ZURICH Policy No. Eft Urlc of Ped. FXp. Date of Pul. Eli Dde of End. Braker 09967 000 Add'I Prcm, Raton Pmtn, GPL 5435534-02;> 08/23/06 08/23/07 08/23/06 None Nonc Named Insurrd and Mailing Address: Curbside, Inc. 1160 N. Armando Street Anaheim, CA 92806 Broker: Target Marketing Insurance Servicer 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: THECITY 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-FSP-102-RCW(01/01 ) Page 1 of 2 All rigtts mverved. No part of this document covered by Clic 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 or ed fteprcsc&llc Date STF FSP -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 ANCE 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. tTm 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 0Y' 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 INSURERB:Great Divide Ina Co INSURER C: INSURER D: INSURER E: 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 P TE EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 DAMAGE TO RENTED $ 100,000 MEU Exp $ 5,000 A X COMMERCIAL GENERAL LIABILITY 7 CLAIMS MADE ® OCCUR sCPO 0200181-10 8/23/2007 8/23/2008 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 FICLAIMS MADE AGGREGATE DEDUCTIBLE WORKERS COMPENSATION AND / 1 T&YSTAT - 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 Gond. $1,000,000 Pollution Liability Awragata $1,000,000 DESCRIPTION OF OPERATIONSILOCATIONQNEINCLE3IEXCLUSIONB 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 WV20 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 08/23/07 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 cRQV / -0 VCERTIFICATE 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 expirationAl 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: J GEORG7AA REZ Acting Executive Director, PWA CITY OF SANTA ANA DAVItrN. REAM City Manager INC. ANDERSON 141- A007-C-04-ooj ACQ 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 ANS RECUIttEA�tVf, 7F.iL! :rFa CC:NL]C[iGK OP ?.NY CL?tiTitACr i"R OTHER DOrUIr'E':"'Jdl''rI i�=3PE^T Tr, Y:N`'-•=1s CERT!>•1G1TE `.L��" eE +35JEC QR UA" :17RIA N, frF Jk5UR NCE AFF()R3Ea 9Y -HE r-CL:C'ES OESCRISFU-EEREIV IS SJ?:_CT T6ALL ?•HE TERRS.C-tlS. 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 AIV --2 FGJC9 C+-LClSE 1\r'CY EXPIROTOr. LTR FYtnri,. -ra--..1.IMSUAw _, __... ..POIIL Y'N{,MaeER 41L!ti+firPU+YvYY". CAT•: :uM1UC_YYYv+ _ __ L".1115_ _ ' I{ GCKeRAL LMDILIT'Y 1, COO, coo 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 �Xi CX, 14 *' 1 u2v_18:-L2 si23i200v ; 8/23/2010 w+.ora ;~r,.rog« on) S 5,00'71 �=N1. I•r;J�HI-;;AL1= _ 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 Cu - Cm:: 'a r h Cel ; l :u:l. tt + riAR AGE L•AU' L+T Y ;\,t L �••y aI F� 13/23/2030 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, COO - �i�b'9IrICC5114CW,1 s .000.00 i^e' ULLJtn" V J{'Lt (r fin• jr=c.rn, rA A:.C:L'<.VI t _� 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, COO - �i�b'9IrICC5114CW,1 s .000.00 i^e' ULLJtn" V J{'Lt (r fin• jr=c.rn, rA A:.C:L'<.VI t _� L*SC RIP TI ON Cf- lkLKA IR.M I LU::AIWFJ5! VEPNC_LS 1 EXCL VIM S AL -3L -D BY ENUON SEME.JT/ SPECIAL PKZN)S. CVS Tliv` Cyn,wrAl habil%Zy pol.i/:y incl'.Ide3 tha :0Tf of RantA ACA, irFl nFfi,anr9, GCJp1Jy908, p7,�r�`. r,, yplUSL6vr9 Ort: ruproaen" ivies as adr1lt:,wial ir.5urtui K_LIl ragard Lo W.rk : viz:utnnd ::y oz on EJa!in_f o_zho Nacos :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-fc3p_^Y DapartmQnt of Pub1:1C W;>rka NO"Ctl 101 fCfR1p.'CAT'E IIOLLE14NAMkD TC'E!!1 LEI T,PW - ___aA sis wwWwrrFN� .'Lttn: Chr;.rsty Mendip 20 Civ_c Canter Plaza, M-21 � Santa lura, CA 92702 I{ AWNDRIZEO REPRESENTATIVE _ r ACORD 25 (2009101> Q 1908.2002 ACORD CORPORATION All rights resorvud. INS025 (mQ)"' The ACORD name and 'ago are registered marks of ACCORD Aw n E 11 .• 11 •,CM.:71iE.k.- r _ :)Cta,K M: 14NIK04 •+ 5; I x AND EM?LOYFRS' l.Atlr l! Y!/: FG^Y L19'S %' VS cit ' 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 ON Cf- lkLKA IR.M I LU::AIWFJ5! VEPNC_LS 1 EXCL VIM S AL -3L -D BY ENUON SEME.JT/ SPECIAL PKZN)S. CVS Tliv` Cyn,wrAl habil%Zy pol.i/:y incl'.Ide3 tha :0Tf of RantA ACA, irFl nFfi,anr9, GCJp1Jy908, p7,�r�`. r,, yplUSL6vr9 Ort: ruproaen" ivies as adr1lt:,wial ir.5urtui K_LIl ragard Lo W.rk : viz:utnnd ::y oz on EJa!in_f o_zho Nacos :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$LLBD tleFGR[T!i� E%P;RATij)f. U> y of Sbr,*;a Ara DATE Tki:REZF,T-fc3p_^Y DapartmQnt of Pub1:1C W;>rka NO"Ctl 101 fCfR1p.'CAT'E IIOLLE14NAMkD TC'E!!1 LEI T,PW - ___aA sis wwWwrrFN� .'Lttn: Chr;.rsty Mendip 20 Civ_c Canter Plaza, M-21 � Santa lura, CA 92702 I{ AWNDRIZEO REPRESENTATIVE _ r ACORD 25 (2009101> Q 1908.2002 ACORD CORPORATION All rights resorvud. INS025 (mQ)"' The ACORD name and 'ago are registered marks of ACCORD Aw Pc -lied #ECPD 020018-,-1 I E'fCciivo Date OR•i2al0�j Natned Irsured: Curbside;. Inc, ENDORSEMENT This, er.doraon.on; forma a cort cf tie poL,:y •.vhch a _ att!kutIW. Pease read It ca Afuiir. Th'3 Cnd-mL.ment rrodrfiAs Insurincc oro:.co i^i:or Ule'a 101.1:1cd: MARONMEtiTAL COMBINED POLICY S--d^n III - :`:ho is ar 1ntKaed s amerce: is :ncluc'o as Pit I"lFu=e . VAlh rCSQact to Czverage A ano 13. an.y pvaor(9) or c(gurizotion(s) whan yu:r and suci perscn(s) :lror;ariz:itic^(s`• have agree3:n s'.w. ilten ccn; E ri cr w.l,Ien apreeme•II 1st st:ch Nrs^n(s) or craa•1l2at quo ;rc addsd ae a:� a:4d'ti;:na Inscaed cn yeur ::u;icy. Such vlr's.wti ccxnrart cr •.srl(:ar. �:1resrnanl rhuet be :r. ofrect prtcr to the accurranco �' In_ : iee to the clahm o• suit for•.vh C.`. tme cerson(sl or Urtja:llC Y�:Xi(S} Ra Gk:i Cav0—,A! U. :;uch rn:iJi["cr.ai ;r,g�rHQ status a::, iaF �. ;��: 1;0h :tir)Hct to your work oerfc•med tcr sr;:;h psrec•nis) or orEarizat'cns; In. the parfor,•rares of yocr cngDir;g operatbrs fcrlh.e nddlt ens' ±n d.rld; or 2. J:ih rb spat to your work ,:arfo^7cv for suO pe.son(s) crort;e�i'xe;rone(st attc Inckided in the products- camplotod operations hazard, onl7 •.410.1 r•1eulre-1 by the *--;A eo contract ur veitten agree•nent. ruspel:t to damages caused cy your :+cork, as dssrbod abova, tho covc;ago pro':Idod horoundor elul,i ca priMar�� and not cc.,ift rllrog .,,Y.h any o'u~ar'rsuarca a aijablo to ;dose perscr(s; INSURANCE ON FILE A-2008-062 WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLEROATS: 1• w 716 200$ 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 mATrER 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 $307 Irving CA 92 606 INSURERS AFFORDING COVERAGE NAIL INSUM--11F..Nsul=a.lus Inn CO C---- , Inc. Insu, cRa,Great Diyicle Ins Co 500 S. Jefferson INSURSaG: INSUFit.•R d: Placen �a CA 92870 IN$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, 'CERA! OR CONDITION OF ANY CaSIRAGT ON OTHER 00CUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR 41AY PERTAIN, TFE INSUJFRANCE AFFORDED 8Y 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 ..'' .. IMtTS'LR. NSR Ty 0EISU"H2POLICYNUMER YI4XA a TxrtALLuBILm FACAVCctIA11 Knr $ 1,000,000 TSA1ktdE 4d Rc^tTTfb X 003tM01L.e1. r,ENERn�L 'LIAua.rrr ' _k'Nt,1ISk3 ae� ocsclnyl�gl .. s if10 OQ0 R i I CLAM nrsr,E � X I OCCuR item 0200181-12 � 8/23/2009 8/23/207.0 qj�q rtAv"tins � S PERSONAL & DCN INJlX / __ ._. _ _ cFn rtALctaecaA S 2.000, 00,0 r,�wl A1jGFW-JA, TrLIWTA.. r.IESrR M0ducr5casiP�.13PAGD t 2 ODO X00 X f Palmy I ;' T LOC I _ _ _ Auit:ltOait.EClAam•IfTY COMBNdEDSINGLE :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 10OILV IfJS.JL1i!` .. _....._ it ION-OWTt�I AiTrn.. IpeT.urc)tienll came i Coll Dori. t...r11<�v�"• . 'yoL v pkOPE 1TY'"'AGS 1 4 00 tpm aoldeA I RARASC LtADYITY AUTO ONLY• kA ACGIL;6Nr 5 1 ANY MITO . EA RLC.. S _...... __._ i OCHER T!iA,k AVtOONLY. AGC, S _EXCEWWWRELrLAV}A}7HJ7Y p „�..�•^^` - ~-� \til}'CIlUS'. C+,1CI16CLUi6iEFk:E b ,rY GtA:M3A6tLK I ��SCi. � AGGREGATE I 3 I ( DEDUCTIBLE 8 AND MPL(7YERs*LIA0aJ7Y Y l ro X SN3Ya131diS9l _ . _ EH _ . Awt opnEToNrARTNEfyuE-cAmvE: r -LL" RACICCur S 11000,000 c�fl�E'sa exta.uc>E;nr (ht,mlabrjlPNM 1523397-1D `8/23/2009 8/23/2010 ELMAEM19-rA@A9TLOYE s11D00ODO ___ rev.:; PF{ONXRlCW3 bebr D15FAFF • POt TCY r ulrr a 1 0 0 DOO A MVERContractors ECpO 02aaisi-12 8/23/2009 8/23/2010 tach Doourraxioa a L'000,000 Yollut-ion R4oxso4 e S 2,000,000 s i DEBCRIp'TtIIN OF OFiW1T16N5 f LLM.ATIOpkSf V6HiCLEg! EXCL11Y7ONS AIX38DKY kttUONYEiTE.'VT'R 5PLClAL 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" Incurad wf urc rimcpirod hY writtan contract.*Nxoopt 10 days for nonpaynart of premium. SND ULD ANY OMMADOVE oatcFusen MXk.1IgS RECANCELL oaePine THE E%PatAnoh City Of Santa Axis WETNEREDF,NEWLM.0INSURER %ILL*M)OM TAIL 30 _ DAYS WRrITEN 1)opartnant of Public Works NOTICE 10THECEk11FdCATE HOLDER NAMED TOTIQLEFT. it�)��gii�%Q�i 0 Chrinty a2Civic 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 fol lowing: ENVIRONMENTAL COMBINED POLICY Sacrlon til--'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 Inst. -ed on your policy. Such Memo contract or wrltwr: agreemAnl 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. Neta 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. O food -4C96 y.Neuw"sgevle CRIM.lna,rrall0lw WbdIr!parrrtMxSon CCR 11304 10 06 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. TMS 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 Gt(;I;.ryGG;JRR[kCe S Irvine C.I. 92614 INSUFMRS AFFORDING COVERAGE .Y. CC At[Fli-IAL f:CNLhAL LiAti0.,1:Y' VISIAra 24 GjUtERA.Na,»G i lids Ins Co IOD, D�0 Curbside, Inc. IMLF.Er73GTCdt Divide %1S CO 8/23/2011 MCD 0P{4y 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 SIE_ 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 VY 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 PAI.I, CLAVAS. '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`rL 'Yin .-UwjrS .1tY ... GEN1.RALLIAQL1iY Gt(;I;.ryGG;JRR[kCe S 1., 000, 004 .Y. CC At[Fli-IAL f:CNLhAL LiAti0.,1:Y' DAN1,4E TO RSr.T'Lti , CHFeLLSf.5 I[tt o rrmxaj % IOD, D�0 if Ll.�'SI f1,4C: :: (iCCUfi F.CpO 0200101-i] 8123/20/0 8/23/2011 MCD 0P{4y orepctml 1 51 DUD AGGREGATE KAI(,%WX A A1W %JURY i 11 00 a,, 00 0 (9E&RALAWITECATE 3 21000.000 (iEISI.. A!:�ri.=f:ATF, LIP41 AWLIE,$ PFR. Pii40UCTS • L:nk4P,,)PA0G S :,1100, 000 POLICY ,1 P LLX E A"ORICENSCOMPY.XSA)mNY'.. ARO ESfP1.0Ye. V L.fea1TY AUTOMOBILE LIARIVTY •�-_ - � N ars[1_ VEKw EMftR EXC1 FR}FxECvrwE I tVgq,ew>y EXCLUOF. D? EiiC]f15.23q;-1: X ANY.AU7;: it.. olr wtsl.xllwur ; 1.:0D.O00 b ALI-c:ft1rf3AL'T3axpa:bo ca_1T 6/2112010 8/2.312011 5lkY+ •.--. _ £LZISSFJ,SE-PQLIGYLIrulT s I. 00-Yaultr 3 t+, OTHERCOntr3CCOra Milo 2200123-1.3 8/23/2010 8/2312011 .SCYk7ULiL:- A014—S ;PTCPow, 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$G.RIFTTOMOF ERATIQNSILOCATKJtt 14ENICl.LLr�kCLVEIONSAOaWLIYEND DRSEWNTt3"CIALPA(MarANs I ISHOULDANYOFTHEAROVEOL-KAIDEQDOILZIRSOfrARC:ELLEDSEFORILTHECKFIRTI0!1 ftll GATE THE REOF:'HI! ISsui}EG Yea ek v4LL W0")WtmL 30 DAYS wWR�" Cit;! Of Santa Ana NQTZETO INC CER:IRCATC IOLOCkt NAh"To ThLXXT, M> X Wx0*W Department of public Works �' 'iI���QXa�t}f?lh'��4r �Itii�6J�iJ�A�G1 Attnf Christy Bandig ,14±4�43Qf 20 Civic: Center Plaza, 1!1-21 wTlbaueaM- 9StWATivt Santa Ana, CA 92702 Michael Christiar-/CiiM ACORD 25(x00910 i) 011988 2000 ACORD CORPORATION. All rInhts resarved INS0251230&0I5n, Tho ACORD name and logo are fr0istcred marks of ACORD N PROPERTY GArmd” S (f'v.Ia:AenU 'j. .• .. 5 it "! GARAGEUA..A' .1tY ... AUTO ON_'f EA,A1rC„G�>•.N'F f ,,7 + AU L:- r"^ j 011•ILN.tpAN. 5�5At:;; ; GG[:zR �_ CAA:ArS LMDE- f AGGREGATE MOVC:ME. i S REiFNt':�. v f E A"ORICENSCOMPY.XSA)mNY'.. ARO ESfP1.0Ye. V L.fea1TY �i N ars[1_ VEKw EMftR EXC1 FR}FxECvrwE I tVgq,ew>y EXCLUOF. D? EiiC]f15.23q;-1: TORYSIJAtt$ :.L.. GACHAC;ICENT S 1.OQarC04 th w) ff Y*d*up*l KH} a/2�l iia &123/211 T�y�. 4071C,Dd 4iRfer - - SFGCIAL Pt%)[Ilfil)HS c. L. PtSBASE. FA EUP1,"r, s - 1.,040,000 5lkY+ •.--. _ £LZISSFJ,SE-PQLIGYLIrulT s 11000,000 t+, OTHERCOntr3CCOra Milo 2200123-1.3 8/23/2010 8/2312011 Paro::44rr-"t $1,000,000 Pollur.io.n and Fol:ay ATrgregAR6 52,p4b,GDD Professional Liah. Ut$G.RIFTTOMOF ERATIQNSILOCATKJtt 14ENICl.LLr�kCLVEIONSAOaWLIYEND DRSEWNTt3"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 ISHOULDANYOFTHEAROVEOL-KAIDEQDOILZIRSOfrARC:ELLEDSEFORILTHECKFIRTI0!1 ftll GATE THE REOF:'HI! ISsui}EG Yea ek v4LL W0")WtmL 30 DAYS wWR�" Cit;! Of Santa Ana NQTZETO INC CER:IRCATC IOLOCkt NAh"To ThLXXT, M> X Wx0*W Department of public Works �' 'iI���QXa�t}f?lh'��4r �Itii�6J�iJ�A�G1 Attnf Christy Bandig ,14±4�43Qf 20 Civic: Center Plaza, 1!1-21 wTlbaueaM- 9StWATivt Santa Ana, CA 92702 Michael Christiar-/CiiM ACORD 25(x00910 i) 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 vert 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 Perlia"(s),Or grgaclJzellon(s) when you and such persons) ororpnlMtt011199) have agreed% a cvritten contract or vrritlan agreement that s1.eh persons) or organizat-ion(s) be added ss an additicAW Insured on your FOGY, SLmh wrllten contract or wr,tten agresiment muotba it oftoct priorlo t^ a accurrenco giving rise to the CAW or suit lorwhich Iho pnrscrl(s) Of oroanlzaUorr(s) 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 POMW and not contributirig %Ah arry other insursnca ayaiteble to those panscn(s) or erge+nizatian(s) With vdllch you have so agreed In a 1YrtMI contmrl or 1Yr tten agrecmer11- G ecvu br 11atx�ay apeaaay t,�perrrtiagMaAeQen LLC, an gmear ar itewntua:n�uarrn Comport and U, tut ClWds trwilTr�:n Campar?7r. hll!IpiOa totoavcd. ®IN54WAbt WomlS� tyt7yrCoins.tnniar<fluaOdMrpOmWIP,m Prge 1 Ci ECF 1004 10 06 ._ • �'. ® DATE(MM/DDIYYYY) ACORrfl CERTIFICATE OF LIABILITY INSUMNCE11112012 1 4/13/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE-POE.NOT,COF4STITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE EEFtTIF1GATE FiOItR;': i IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poNcies may require.an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemeri0)':.' PRODUCER LOCKTON COMPANIES, LLC - °MEncr PHOFAX NE 5847 SAN FELIPE, SUITE 320 A/c No HOUSTON TR 77057 E-MAIL ADDRESS: 866-260-3538 INSURERS AFFORDING COVERAGE NAIC # INSURERA: ACF. American Insurance Com an 2266' INSURED WASTE MANAGEMENT HOLDINGS, INC. & ALL AFFILIATE SURER B: I w6uiau - 1306000 RELATED & SUBSIDIARY COMPANIES INCLUDING: INSURER C: ACE Prope & Casualtv Insurance Co 20699 WM CURBSIDE, LLC n a0 4' 0 /_ INSURER D : 500 S. JEFFERSON �7' I1 (D INSURER E: PLACENTIA CA 92870 �� D p /LO n / INSURER F: xxx COVERAGES AJ CERTIFICATE NUMBER: V 11076601TLJC ,n,e, ip�RE REVISION NUMBER: THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LIS I EU bELVVV HAV t Dery iaovc , - � � ,� �� . •� NAMED ABOVE: _ . _ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD IN SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MWDDNYYY LIMITS LTR A GENERAL LIABILITY X MMERCIAL GENERAMABILITY CLAIMS -MADE X OCCUR X XCU INCLUDED Y Y HDO G25524937 1/1/2011 1/1/2012 A H R N CE s 5-000-000 DAMAGE TO RENTED 55,00 PREMISES (Ea occurrence) $ 000 000 MED EXP (Any oneperson) $ xxxxxxx PERSONAL & ADV INJURY $ 5,000,000 GENERAL AGGREGATE $ 6.000,000 X ISO FORM CG 00011207 PRODUCTS - COMP/OP AGG GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JECT X LOCcomETNED $ A AUTOMOBILE LIABILITY Y Y MMT H08631463 1/1/2011 1/1/2012 (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ XXxXxxx X ANY AUTO X ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS BODILY INJURY Per accident $ XXXXXXX PROPERTY DAMAGE $ XXXXXXX fPar accident) $ XXXXXXX C X MCS -90 X UMBRELLA LIAB j{ OCCUR EXCESS LIAB CLAIMS -MADE Y Y XOO 625828562 1/1/2011 1/1/2012 EACH OCCURRENCE $ 15,000,000 AGGREGATE $ 15.000.000 B A A DED I I RETENTION $I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE AN ER/MEMBEREXCLUDED? 1 NIA Y WLR 046469768 (AOS) WLR C4646977A CA & MA ) SCFC46469781(WI) 1/1/2011 ]/1/2011 1/1/2011 1/1/2012 1/1/20123,000,000 1/1/2012 WC A U- _ X TORY LIMIT ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ 3000000 A (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below EXCESS AUTO LIABILITY XTR H08631475 1/1/2011 1/1/2012 E.L. DISEASE - POLICY LIMIT $ 3-000,000 C$09, BINED 00 SINGLE LIMIT (EACH ACCIDENT) DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED. BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMPEL) WORINSURED ICIES CIES ADDITIONAL ERI S COMPENSAION/EL) WHERE REQUIRED BYA, ITS WRITTEN CONTRACT. AGENTS, VOLUNTEERS AND REPRESENTATIVES (ON ALL POAND TO THE EXTENT REQUIRED BY WRITTEN L WAIVER OF SUBROGATION IN FAVOR OF CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ON ALL POLICIES WHERE REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. nvl_UCM 11076601 `tCy A It o r CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS ATTN: CHRISTY KENDIG 20 CIVIC CENTER PLAZA, M-21 SANTA ANA CA 92702 diOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company ACE American Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # HDO G25524937 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 1/28/2011 , this endorsement form as a part of Policy # HDO G25524937 Issued to WM Curbside, LLC Named Insured r-' Countersigned by —� Authorized Represe c * Where required by written contract. r CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DD1YYYY) 1/1/22016 12/[0/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(pes) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights, to the certificate holder in lieu of sttch endorsement(s). PRODUCER LOCKTON COMPANIES et�NTACT arc° No, Ext, ia10 Ne: 5847 SAN FEUPE, SUITE 320 HOUSTON TX 77057 866-260-35311 E-MAIL INSURER:s AFPORDIaGC E. y INSURER A,: ACE American h1Si11'ance Company 22667 I DOG27341.i..51 INSURED WASTE MANAGEMENT HOLDINGS, INC. & ALL AFFILIATED, INSURER B: Int%enunit IaTsurarace Co bl'NcrrUa 4narica 43575 13UG0410 RELATED & SUBSII34ARY COMPANIES INCLUDING: tiNd� CURBSIDE, LLC 5101 E. LA PALMA AVENUE INSURER C: ACR 1"ro ert L� C11SURILY Isasuranec Co 20699 ER D,: ACF Fire Underwriters Insurance Company 210702 INSURER ANAHEIM CA 928701 INSURER ' , COVERAGEC:F..R'TIFICATE NLIMBER- I I (176601 REVISION NUMBER: XXXXXXX THIS IS Til CERTIFY THAI' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE (INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATLD, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE aD I VUO POLICY NUMBER POLICYDFF I"'C7LIpY EXP LIMITS A. X IER—ALUAOILITY COMMERCIALGENED CLAWS -MADE I R OCCUR { l y 'y I DOG27341.i..51 1/I/701.5 1/11209..6 EAC'IOCCURRENCE 000,001 O DAMAGE R MISSES i(Es occurr racer 5001000 MED EXP IAny one person XX XXXe1 X �I] 14`1('.1.[IiDF`D PERSONAL & ADV INJURY $ -5,000,000 XISO F (7000Q) 10413 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6 000 000 I'OLICY� PRO 1XI LOC PRODUCTS - COMPIOP ACG I 6 000 000 OTHER A AUTOMOBILE LIABILITY Y Y MMT I408830472 I /1/21115 1/1/2016 � McB,N �11TINGLE LIMIT $ 1,000,000 BODILY INJURY (Per persw) $ XXY_Y, X1 ANY AUTO ALL �yWNPD SCIIED X AUTt7S AUTOS 1304ILY INJURY (Per eacidarrl'... $ x,�' PROPERTY DAMAGE ${X.ri.XX.IiX (Perarc1IT.II NON -OWNED X HIREDAUTO 1� AUTOS $ XXXxXXX X MCS -90 C X UMBRELLA LIA13 X 100GUR y y XOO 'G2'N2105A I./l/2016 EACHOCCURRENCE $ 15,000,000 AGGREGATE S 15,000,000 EXCESS UAB OLAIrv15-MTADE....'.. .._1 DBD RETENTION $ F/I015 _ _ $ XXi.tXX Xi �..- F' A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PFrHCCR:M1Et�ERLXIGLU1')EI� ECIVTIVE �i-i IMUndmtery in NII( I R I N/A lA/1_I�F.C4814I81A ACLS WT.1t (48141821 CA NIA) �"3i'4w141i �1� _ f115 015 .015 111I2016 111/2016 1/1/2016PI �'i STATUTE 07L CASH ArGIPCN7 $ 3000000 .,» E.L. DISEASE EA EMPLOYEE $ 3,000' 0'00 IF yes, ftseli e, Undo, ''... DESCRIPTICsN OF OPERATIONS eraaw C L. DISEASE - POLICY LIMCT 3,000',000 ' A EXCESS AUTO LIABLLITY y y XSNHO8830460 11112{115 1/1/21116 CENIB11,1EDSINGLI;LFWT S9,000,000 (TACH AC CTDLNC) DESCRIPTION OF OPERAT➢ONS t LOCATIONS'. t VEHICLES (Attach ACOR❑ 101, Additional Remarks Schedule, may he attached if more space Is required) BLANKET WAIVER Or SUB OGNI'lON IS GRANTED IN FAVOR, OF CFRTLFICATH HOLDER ON AIA, POLICIES WHI3RL AND TO '1HT EXI'LN-IS?kSRFTD BY WRTITFN CON'1'1t ACT il7HHL:RE PF-RMISSIBT.F BYLAW. CL,XVIFICATIi 1-IOLDE[t l: ri AME -D AS AN ADF)ITIONAL INSUIZL`D (I XCL'P1' CC1Lt WCyIt& LI; S' COND/LL) WHERE AND TO 1lIF FX'TENT REQUIRLD 13Y WRITTEN C091'1? -ACT. ADDITIONAL INSURED IN FAVOR OF CITY OF SAN X ANA, ITS OFFICERS, LMvPLOYF.FS, AGENT'S, VOLUNTEERS AND REPRESENTATIVES (ON ALIS POLICIES EXCEPT WORYIIRS" CONIPFNSATIONPEL) WIIERE REQUIRED 13'Y° WRlr'rf.,N CONTRACT. WAIVER OF SITBROGATION IN FAVOR OF CITY OF SANTA ANA, ITS OFFICERS EMPLOYEES, AGF-, NT:S, VOLIINTFERS AND R 3PRESE.N'IAf1VFS ON ALS. POLICIF5 WH -21F : ITQUH1 ED BY WIU'r"TEN CON'ITLAC'T WI-1ERI' PERMIS'SIIII.,T, BY LAW, THE M1 3U tANCF AFFORDED TCI TI1G riDD T1ClyihL 1N U1tPi7 A,S DESCRIBED IN THIS CERTIFTCATF Or [INSURANCE FOR. WORK PERFORPvtED BY TB Nt".11 MD INSUREL [5 PRTMARY AND A ON-COTT1'I%ll311,TLCLY TO AIIY M, fLAR C'OVERAGF MAINTAINED BY THF:.�DL7I rfJONIAL INSURED WHERE AND TO TRE EXTENT Tui Q IED )3� CONY'RACT. M CURBSIDE A-2008-062 & N-2007-086-01 REVIIE'WEU BY 7,, � EUNICE HEREDIA (PG. 1 of 8) U rK I It -SIA. I G'. n6JL_wR _na x.—111x..vu�.,uaw.evu 11076601 CITY OF SANTA ANA DEPARTMENTOF PUBLIC WORKS ATTN: CHRISTY KENDIG 20 CIVIC CENTER PLAZA, M-21 SANTA ANA CA 92702 Ai -nun •an r,)A4Arni i SHOULD ANY OF THE ABOVE. DESCRIBED POLICIES BE. CANCELLED BEFORE THE EXPIRATION DATE T11EREor, NOTICE WILL BE DELIVERED INI ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED r (r3 tiF/AR-7tI1+i A( ORD CORPORATICM AN rinhtc racrru4-ri The ACORD (tame and logo are registered rnalrks of AC ORD POLICY NUMBER: HDO 627341261 ENDT. #38 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ: IT CAREFULLY, ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: X91 kyj livill -AmUM F -Al 1004 1111 a &Ofij ffi 4 &1 0 ��AN �-I* Name of Person or Organization: ANY OWNER, LESSEE OR CONTRACTOR WHOM YOU HAVE AGREED -1-0 INCLUDE AS AN ADDITIONAL INSURED UNDER A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS, (if no entry appears above, information required to complete this endorsement would be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 1111) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10,11 85 Copyright, Insurance Services Office, Inc,, 1984 Attachinent Code : D446557 Mistcr FID: 13 06000, Cortificate ID: 11076601 WM CURBSIDE A-2008-062 & N-2007-086-01 REVIEWED ByEUNICE HEREDIA (PG. 2 of 3) POLICY NUMBER: HDO G27341251 COMMERCIAL GENERAL LiABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED, TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To US of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done Linder a contract with that person or organization and included in the "products-compieted operations hazard". This waiver applies only to the person or organization shown in the Schedule above. Attachnient Code :1]448223 Certicite ll): I.7.076601 Copyright, Insurance Services Office, Inc., 19184 EUNICE HEREDIIA (PG. 3 of 3) .�VI+COIRt$' CERTIFICATE ih�OF LIABILITY INSURANCE I/IJ2ii17 OATE(AIrAFED(YYYY) IZJ712U15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S)„ AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, Subject to the terms and conditions of the Policy, certain policies may require an Endorsement. A statei"lit on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRWDUDER LOCKTON COMPANIIIScW "NAMC 5847 SAN FELIPE, SUITE 320 HOUSTON 1X %71157 866-26 ,3538spy 3 _........_ _.._. _.�..� PHONE1 A€ X M1tA �C No) 4 ADDRE .... ..i INSURER(S) APFWIROINW COVER NAIC 4 POLICY EXP 11 YYY INSURER A ! ATTICI'ICall fnsljrilnGC COPT1 Ilt1 _ 6 ] _ _. _.._. INSURED WASTE MANAGEMPNT HOLDINGS, INC. & ALL. AFFILTATEE, 1306000 RELATED & SIJBSIIOIARY COMPANIES INCLLTL IN& WM CURBSIDE„ LLC W" NUE ANAT-W,IM CA 92970 INSURER a In elnnity Insurance Co of CNOrth America 43575 INSURER c: ACE P1'alserty & C ILsystlly,Tnsyc Incl; Co 211699 INSURER D: ACE Fire UnCIerwT1tCTS Insurance Cf7n5pany �1-70t ...._ CLA1M14'13-hOCADE FX7 OCCUH INSURER. F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED'. NOTM*n-ISTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT T -O WHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN WAY HAVE BEEN REDUCED BY PAID CLAIMS. INIR TYPEOFINSURANCE W ACCORDANCE WITH THE POLICY PROVISIONS. PWLICNNUMBEft... PO EFF IMNVDDNYYYI..tm. POLICY EXP 11 YYY �"1I LIMITS A .X COMMERCIAL GENERAL LIABILITY Y Y HDO(32740331'1 1/1/2016 11U2017EACHOCCURMUICE s 50111}011(/' ...._ CLA1M14'13-hOCADE FX7 OCCUH PRE—gr)IS'e ,-(EA 0,01�OM X XCU fNCLUDEI7 )SED EXP (Any cna omonl.� I )XXX (,XX X ISO FORM 00000 10413 FERSONAL & ADW oNJURY s 5,0011,000 GENI.. AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 600000,0 POLICY" PE ® LOG PROCUCTS-C0MPiOPAGG ..._ 5 G 11110,9tlm OTHaR:. S A AUTOMODILE LIABILWY' y y MMT H08866326 1/112016 1/1!2017 Ea COMB[NGD t>LE uIwIT I„1100,11011 '1C ANY AUTO BODILY INJURY! (Par parson) 9 =Mxx t 1C ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY I Paraccldo-nt) -- s �-XX X HRFDAUTO.9 X. NODI -OWNED AUTOS PHCsPEEi'fYLrAMAGE cacdanli __. $�XXX",rSrl%.`h' s xxxxxXX X MCS -90 C'. S( UMIBREL.LALIAO ..d WCCUH Y Y X00027929242001 1//12016 I/1/2017 EACHCCCUIIRCNCE 800001iC/.1)Q_..— EXCESS LIAR CLAIMS -MADE __.._ AGGREGATE _ $ 15,0000 ,f3Ll DED RETENT0N$„_—M S xxxxti.xx I3 WORKERS COMPENSATION Y WLRC4859676d) A0S PER I I DIH- 9TATLT. ._- Eft * ANDErdPLOYERS'LIABILITV YIN ANYPAOPRIEroll/PAfliNEW1:XEULJIIVE WLR 01 0 9 5060 CA �M,1 ) 1/112016 11112016 1/1/2017 1/1/2017 000 0011 ��__�....__, D OFMCERNEMBEREXCLUDED? � NIA SCFC48596049( 1) 1/1/20105 III1209.7-F-L-FAgLtACCIDENT .__ L (La4anduCpry In NH) I L L I]BSIeM)E • Eft EMPIWYE $ 3 000 #IES desenlNOFO _... .. ±L0a__._... L3ES^wHIPT1ON OF C}PERA'rION5I1cOnW _ i,Y E.L.. DISEASE - POLICY LIMIT 8 3,000,000 y EXCESS AUTO Y Y XSA H09866314 1/1/2016 l/912017 COMBINUD SINGLE Lima LIABILITY '$9,()00,000 (EACH ACC:ILIEN'1) DESCRIPTION OF OPERATIONS F LOCATIONS./ VEHICLES (ACORD 1011, Addlllunal Hemarkss Schedule, may be allnooed it more apace Ir. required) BLANKET WAIVER OF SUBROCIA:MON IS'URANTR'U IN FAVOR OP C'.BRTRaICAIE I'[OLDER ON ALI, POLIC:IESI WlIERE AND TOTHE E T'RN'r imQUIREL) By WRI TRIM CON'J'RAACT WHERP. FF.RIAISSIHLE BYLAW, CERTIFICATE HOLDER IS NAMPI) AS ANADD IJONALINS�URED (EXCEPT FOR WORKERS' COMP/El,) Wl-I RE AND TO Ti 113 PM -NT REQUIRED BY WRI (TEN CONTRACT. ADDITIONAL INS UR RD IN FAVOR OF CITY OF SANTA ANA, ITS. OFFICP.RS, EM PLOY EBS AGEN75, VOI,UNTEL2td ANP REP9{FSENTATIWES (ON AI.,L POLICIES EXCPPT WORK RS' COMPENSATIONVEL) WI -ICRP i2F:QLi1RED 1qY Wltl'1'I ENI CONTRA(H, WAIVER OF SUBROGATION 1N PAVOR OF CITY OF SANTA ANA, ITS. OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ONS ALL POLICIES W14ER E RRQUIR ED BY WRITTEN CONTRACT WTIERE PBRM ISSIKLE H Y LAW. THE INSURANCE AFFORDED TO THE ADDITIONAL LNS UR;RD AS DESCRIBED EN TEAS CERTIFICATE OF INSURANCE FOR WORK PERFORMED BY TIME NAMED INSURED IS PRIMARY AND NOK-CON'TR1niM)RY' TO ANY SIMILAR. COVERAGE MAINTAINED BY THE ADDITIONAL INFSURUD WHERE AND TO TIM PKI*FLAT REQUIRED BY CONTRACT.. 11'076601 CITY OF SANTA ANA. SHOULD ANY OF THE ASCWE DESCRIBED POLICIES BE CANCELLED BEFORE DEPARTMENT OF PUBLIC CHIS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN .+1TTI"1, C.'HRISTY- KENDICr ACCORDANCE WITH THE POLICY PROVISIONS. 20 CIVIC CENTER PLAZA, M-21 '. A91TkiCPoI+".P;D'RI:PRESENTA'PgVE SANTA ANA `A 9270 iPd T'UBU-2034 AGUHD U01HPURA"PION. All, right's reserved. ACORD 25 (2014/01) The ACORD narne and logo are registered marks of ACORD (REVIEWED ED BP'Yl. '' j _ � "' '1 @ .N lI ab'� Pm. HERL�11 (11G �r X11, POLICY NUMBER: HD O 627403311 COMMERCIAL GENERAL LIABILITY THIS: ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or organization', ANY OWNER, LESSEE OR CONTRACTOR WHOM YOU HAVE At TO INCLUDE AS AN ADDITIONAL INSURED UNDER A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE or LOSS. (if no entry appears above, information required to complete this endorsement would be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) Is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work"' for that insured by or for you, CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 198�4 Attaohwemt Code, D446557 Master TD: 1300000, Certificate, 11111076601 REV0NED BY': (_ - E1,JNKE HEREDIA, 01G,1Z0F,3 ) POLICY NUMBER: 8 -DO G27403,3,11 COMMERCIAL GENERAL LIA13IL17Y THS ENDORSEMENT CHANGES THE POLICY, PLEASE READ 17 CAREFULLY, WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsoment modifles Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETFI) OPPRAMONS LIABILITY COVERAGE PART SCHEDULE Name Of Person or organization: ANY PERSON OR ORGANIZATION AGAINs-r wHom YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS, to complete this Schedule, if not shown above, will be shown in the Dedaratlons. The foRowlng is added to Paragraph 8, Transfer Of Rights Of Recovery Against Others To Us of Section IV - Con ditionst We waive any right of recovery we may have against the person or organization shown In the Schedule above because Of Payments we make for injury or damage arising OLIt of your ongoing operations or "your work" done undor a contract with that person nr organization and Included In the "products -completed operations hazard". This waiver appiles only to the person or organization shown in [Ile SchodAle above, GG 24 04 05 09 Attachment Cado: 07+13223 Certificate ID; 1.107660 f Copyright, Insurance Services i0ffice, Inc., 1984 F?,EWEVVED BY: . EUNICE HEREDA (PG -'43 0�_ )