HomeMy WebLinkAboutElectronic Recyclers International - Approving a 40 day suspension of enforcement of municipal code section 12-405-G and approval of an agreement for the early issuance of parmitsCity of
REPORT TO THE CITY COUNCIL
Presented to City Council
Date 10/-7/ Q$
pisp sition__ ,I 24p4dazZeD
October 7, 2008
FROM: KEITH BERGTHOLD, Interim Director
Planning and Development Department
AGENDA ITEM NO. C1 :,1.5 A -M
COUNCIL MEETING 10 /7/08
DEPARTMENT DIF
CITY
APPROVED
SUBJECT: ADOPTION OF A RESOLUTION APPROVING A 40 -DAY SUSPENSION OF THE
ENFORCEMENT OF MUNICIPAL CODE SECTION 12-405-G; AND APPROVAL OF AN
AGREEMENT FOR THE EARLY ISSUANCE OF PERMITS WITH ELECTRONIC RECYCLERS
INTERNATIONAL.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution approving a 40 -day suspension of
enforcement of Municipal Code Section 12-405-G, and that the City Council approve an agreement for the
issuance of special permits with Electronic Recyclers International.
BACKGROUND
Electronic Recyclers International (ERI) currently operates the largest electronics recycling plant in the
western United States at its plant located at 2860 S. East Avenue and 3243 S. East Avenue. ERI currently
processes 28,000 tons of electronic waste, and employs over 220 people, many of whom are former gang
members. Due to the success of ERI's operations, it is expanding to a 299,000 square foot location at
2343 S East Avenue. This expansion will include the installation of $5 million of state of the art shredding
equipment, and will result in an additional 60 employees. While the operations of ERI are consistent with
the current zoning of the property, the nature of the business, recycling, triggers the requirement of the
issuance of a CUP. This process is currently underway, but will not be completed until early November
2008.
Electronic Recyclers International has the number one market share in the State of California, in which
they service over 300 corporation's electronic recycling needs by providing electronic shredding services.
ERI has contracted a specific high volume product flow which is scheduled to begin on November 15'h
As such, staff had originally proposed issuing an "at -risk" permit for the installation of the equipment. Such
a permit would have allowed ERI to install the equipment and make the necessary improvements to the
facility, but would not have allowed a certificate of occupancy until such time as the CUP process had been
completed. If the CUP had not been issued, ERI would have been obligated to remove the equipment.
These types of at -risk permits have been previously issued for grading permits. Unfortunately, while
working with the City attorney's Office on the issuance of the at -risk permit, it was noted that Municipal
Code Section 12-405-G does not allow staff to issue a permit before the entitlement process has been
completed. Therefore, staff is requesting that the City Council suspend the enforcement of Municipal Code
Section 12-405-g for a 40 day period, which would allow the issuance of an at -risk permit for this project.
Staff is also requesting that the City Council approve an agreement with ERI which will provide the specific
terms of the agreement for the issuance of the at -risk permits.
SUSPENSION OF ENFORCEMENT OF MUNICIPAL CODE SECTION 12-405-G
As noted, FMC Section 12-405-G states "No permit required by this Code, including but not limited to
building, occupancy, electrical and sign permits, shall be issued for a use or development requiring a
special permit until such special permit is obtained. No such permit shall be issued until the Director is
assured that all terms and conditions of any applicable special permit and this Zoning Ordinance shall be
complied with." Therefore, staff is requesting that the City Council adopt the attached resolution which
would suspend the enforcement of Municipal Code Section 12-405-G for a 40 day period. This will allow
staff to enter into the attached agreement with ERI and issue an at -risk permit for the installation of the
tenant improvements at the location. The resolution specifically states that "In no circumstances will a
certificate of occupancy be issued or a project be allowed to operate without an approved special permit."
The resolution also reserves the City's discretion in processing, consideration, and approval of any permit
related to the project, and is limited to properties zoned M-3 (Heavy Industrial District).
As the resolution applies to properties zoned M-3, other applicants that are currently in the permitting
process would also be able to enter similar agreements with the City, which would be based upon their
unique circumstances.
AGREEMENT FOR ISSUANCE OF EARLY PERMITS
If the Council approves the above noted resolution, staff is also requesting that the Council approve the
Agreement For Early Issuance of Permits with ERI which sets the specific terms for the issuance of the at -
risk permits. The agreement specifically notes that the City is unwilling to permit or inspect any of the
construction without assurances that no vested rights or entitlements are conferred by the issuance of the
permits or the inspection of such construction. The agreement also states that if a CUP is not approved
within 60 days of the execution of the Agreement, then ERI shall remove any improvements or construction
within 10 of receiving a written notice from the City. The Agreement also requires a refundable $5,000
which would be used by the City to defray expenses of removal of equipment should a CUP not be issued.
If the CUP is issued, the funds will be returned to ERI.
FISCAL IMPACT OF RECOMMENDATIONS
None
Attachments: Resolution
Agreement
CITY OF FRESNO
City Clerk's Office (Original)
q'tSQ.m ,2
to/ -I/&.
AGREEMENT FOR EARLY ISSUANCE OF PERMITS
THIS AGREEMENT is made this 9th day of October, 2008, by and between the CITY OF
FRESNO, a Municipal Corporation, hereinafter referred to as the "City," and ELECTRONIC
RECYCLERS INTERNATIONAL, INC, a Delaware Corporation, hereinafter referred to as the
"Applicant," without regard for number or gender.
RECITALS
A. The Applicant has leased real property situated in the City of Fresno, County of
Fresno, State of California, hereinafter referred to as the "Subject Property" and located at 3243 S.
East Avenue, Fresno, California (APN 329-110-11 S).
B. The Applicant has filed with the City of Fresno Planning and Development
Department an application for a Conditional Use Permit to operate a Recycling Facility at the Subject
Property.
C. The Applicant is requesting the issuance of permits to construct the tenant
improvements and install the necessary equipment at the Subject Property prior to the City's final
approval of the Conditional Use Permit.
E. Such permits will be issued and inspected in accordance with City of Fresno codes
and regulations.
G. The City is unwilling to permit such construction or inspect same without assurance
that no vested rights (common law or statutory) or entitlements will be conferred by the early
issuance of such permits or by the acceptance of such construction upon inspection.
H. The Applicant acknowledges that such improvements will be accepted by the City
only if they comply with all applicable City standards, codes, and ordinances, provided, and in no
case shall acceptance of such improvements be complete until Conditional Use Permit application
no. C-08-238 is approved by the City.
Applicant understands and acknowledges that the improvements described herein
Agreement for Early Issuance
of Permits
CUP Application No. C-08-238
Page 2
shall be subject to acceptance or rejection by the City upon inspection thereof, and upon the terms
and conditions contained herein.
J. It is extremely important to the Applicant that the permits for the tenant improvements
be issued as soon as possible.
K. The action for the approval of the Conditional Use Permit is not expected to be
finalized for up to sixty (60) days.
AGREEMENT
In consideration of the foregoing, the early issuance of permits for the tenant improvements
at the Subject Property and the promises and covenants herein contained, the undersigned agree:
1. The City shall issue all necessary permits to allow Applicant to complete the
necessary tenant improvements at the Subject Property prior to the approval of Conditional Use
Permit Application No. C-08-238. However, the City shall not issue a certificate of occupancy for
the Subject Property or permit Applicant to begin to operate at the Subject Property until the
Conditional Use Permit has been approved and the time to appeal the approval has expired.
Furthermore, Applicant shall not attempt to occupy the Subject Property or begin business
operations at the Subject Property until the City has issued the Certificate of Occupancy for the
Subject Property.
2. The issuance of the permits to allow for the installation of tenant improvements at the
Subject Property in no way obligates the City to approve Conditional Use Permit Application No. C-
08-238 or any other special permit application filed by Applicant for the Subject Property. Should the
City of Fresno fail to approve Conditional Use Permit Application No. C-08-238 for any reason within
sixty (60) days of the execution of this Agreement, the Applicant shall, within ten (10) days after
written notice from the Director of the Planning and Development Department of the City of Fresno,
remove from the Subject Property any improvements or structures placed or constructed pursuant to
the permits issued for the tenant improvements; and Applicant shall restore the Subject Property to
its prior condition.
3. Should the Applicant fail to comply with the provisions of Paragraph 1 above, the City
Agreement for Early Issuance
of Permits
CUP Application No. C-08-238
Page 3
of Fresno, or any of its duly authorized officers, employees or agents, are unconditionally permitted
to enter upon the Subject Property and accomplish such removal and restore the Subject Property
to its prior condition.
4. Should the City of Fresno cause such removal under the provisions of Paragraph 2
hereof, the Applicant shall hold harmless and defend the City, its officers, employees and agents
from any claims, lawsuits, costs, liability, damages or expenses, including costs of suit and fees and
expenses for legal services, on account of any damages claimed by any reason to have occurred by
reason of such removal.
5. To assure the promises herein contained, the Applicant shall deliver to the City of
Fresno a Certificate of Deposit made payable only to the City of Fresno for the amount of $5,000.00.
This deposit may be used by the City to defray all or part of the costs and expenses of removal with
any balance to be returned to the Applicant. After the action by the City approving the special permit
and the time to appeal the approval of the special permit has expired, the deposit will be returned to
the Applicant.
6. The obligations of the Applicant provided in this Agreement are joint and several.
7. This Agreement shall in no way be construed as a grant by the City of any rights to
the Applicant to trespass upon land rightfully in the possession of, or owned by, another, whether
such land be privately or publicly owned.
8. No vested rights or entitlements are conferred by the issuance of this early
construction permit or by acceptance of any improvements constructed thereunder.
9. Indemnification. To the furthest extent allowed by law, Applicant shall indemnify, hold
harmless and defend City and each of its officers, officials, employees, agents and volunteers from
any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or
strict liability, including but not limited to personal injury, death at any time and property damage)
incurred by City, Applicant or any other person, and from any and all claims, demands and actions in
law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen
Agreement for Early Issuance
of Permits
CUP Application No. C-08-238
Page 4
directly or indirectly out of the City's issuance of any permits pursuant to this Agreement, the
performance of this Agreement or the performance of any or all work to be done in and upon the
Subject Property, or premises adjacent thereto pursuant to this Agreement. Applicant's obligations
under the preceding sentence shall apply regardless of whether Applicant or any of its officers,
officials, employees or agents are passively negligent, but shall not apply to any loss, liability, fines,
penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful
misconduct, of City or any of its officers, officials, employees, agents or volunteers.
If Applicant should subcontract all or any portion of the work to be performed under this
Agreement, Applicant shall require each subcontractor to indemnify, hold harmless and defend City
and each of its officers, officials, employees, agents and volunteers in accordance with the terms of
the preceding paragraph in this Section 10. Notwithstanding the preceding sentence, any
subcontractor who is a "design professional" as defined in Section 2782.8 of the California Civil
Code shall, in lieu of indemnity requirements set forth in the preceding paragraph of this Section 10,
be required to indemnify, hold harmless and defend City and each of its officers, officials,
employees, agency and volunteers to the furthest extent allowed by law, from any and all loss,
liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
including but not limited to personal injury, death at any time and property damage), and from any
and all claims, demands and actions in law or equity (including reasonable attorney's fees and
litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful
misconduct of the design professional, its principals, officers, employees, agents orvolunteers in the
performance of this Agreement.
The Applicant further agrees that the use for any purpose and by any person of any and all
of the tenant improvements hereinbefore specified, shall be at the sole and exclusive risk of the
Applicant at all times prior to final approval by the City of the completed tenant improvements. This
Agreement for Early Issuance
of Permits
CUP Application No. C-08-238
Page 5
section shall survive termination or expiration of this Agreement.
10. Insurance. Throughout the life of this Agreement, Applicant shall pay for and
maintain in full force and effect all policies of insurance described in this section with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner to do business in the
State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii)
authorized by CITY'S Risk Manager. The following policies of insurance are required:
a. COMMERCIAL GENERAL LIABILITY insurance which shall be at least as
broad as the most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01 and shall include insurance for _bodily injury_, _property
damage_ and _personal and advertising injury_ with coverage for premises and operations
(including the use of owned and non -owned equipment), products and completed
operations, contractual liability (including indemnity obligations under this Agreement),with
limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $1,000,000
aggregate for products and completed operations.
b. COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least
as broad as the most current version of Insurance Services Office (ISO) Business Auto
Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non -owned
automobiles or other licensed vehicles (Code 1 Any Auto), with combined single limits of
liability of not less than $1,000,000 per accident for bodily injury and property damage.
C. PROFESSIONAL LIABILITY (Errors and Omissions) insurance appropriate to
the respective person's profession (applicable only to those subcontractors who are
providing Professional Services to the Applicant), with limits of liability of not less than
$1,000,000 per claim/occurrence and policy aggregate.
d. WORKERS' COMPENSATION insurance as required under the California
Labor Code.
e. EMPLOYERS LIABILITY with minimum limits of liability of not less than
$1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each
employee.
Applicant shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Applicant shall also be responsible for payment of any self-insured
retentions.
Agreement for Early Issuance
of Permits
CUP Application No. C-08-238
Page 6
The above described policies of insurance shall be endorsed to provide an unrestricted 30
calendar day written notice in favor of City of policy cancellation of coverage, except for the Workers'
Compensation policy which shall provide a 10 calendar day written notice of such cancellation of
coverage. In the event any policies are due to expire during the term of this Agreement,
Applicant shall provide a new certificate evidencing renewal of such policy not less than 15
calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the
insurer, broker, or agent of a notice of cancellation in coverage, Applicant shall file with City a new
certificate and all applicable endorsements for such policy(ies).
The General Liability and Automobile Liability insurance policies shall be written on an
occurrence form and shall name City, its officers, officials, agents, employees and volunteers as an
additional insured. Such policy(ies) of insurance shall be endorsed so Applicant's insurance shall
be primary and no contribution shall be required of City. In the event claims made forms are used
for any Professional Liability coverage, either (i) the policy(ies) shall be endorsed to provide not less
than a 5 year discovery period, or (ii) the coverage shall be maintained for a minimum of 5 years
following the termination of this Agreement and the requirements of this section relating to such
coverage shall survive termination or expiration of this Agreement. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
employees and volunteers. Applicant shall have furnished City with the certificate(s) and
applicable endorsements for ALL required insurance prior to City's execution of the
Agreement. Applicant shall furnish City with copies of the actual policies upon the request of City's
Risk Manager at any time during the life of the Agreement or any extension, and this requirement
shall survive termination or expiration of this Agreement.
The fact that insurance is obtained by Applicant or his/her/it=s subcontractors shall not be
deemed to release or diminish the liability of Applicant, or his/her/it=s subcontractors including
Agreement for Early Issuance
of Permits
CUP Application No. C-08-238
Page 7
without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify
City, its officers, officials, agents, employees and volunteers, shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Applicant or his/her/it=s
subcontractors. Approval or purchase of any insurance contracts or policies shall in no way relief
from liability nor limit the liability of Applicant, its principals, officers, agents, employees, persons
under the supervision of Applicant, vendors, suppliers, invitees, subcontractors, consultants or
anyone employed directly or indirectly by any of them.
If at any time during the life of the Agreement or any extension, Applicant fails to maintain the
required insurance in full force and effect, the Director of Public Works, or his/her designee, may
order that the Applicant, or its contractors or subcontractors, immediately discontinue any further
work under this Agreement and take all necessary actions to secure the work site to insure that
public health and safety is protected. All payments due or that become due to Applicant shall be
withheld until notice is received by City that the required insurance has been restored to full force
and effect and that the premiums therefore have been paid for a period satisfactory to City. Any
failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
If Applicant should subcontract all or any portion of the services to be performed under this
Agreement, Applicant shall require each subcontractor to provide insurance protection in favor of
City, its officers, officials, employees, volunteers and agents in accordance with the terms of each of
the preceding paragraphs, except that the subcontractors' certificates and endorsements
shall be on file with Applicant and City prior to the commencement of any work by the
subcontractor.
Agreement for Early Issuance
of Permits
CUP Application No. C-08-238
Page 8
11. In the event the City approves Conditional Use Permit No. C-08-238 and the time to
appeal the approval has expired, the foregoing deposit shall be returned to the Applicant and this
Agreement shall be of no further force and effect.
12. If either party is required to commence any proceeding or legal action to enforce or
interpret any term, covenant or condition of this Agreement, the prevailing party in such
proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees
and legal expenses.
Agreement for Early Issuance
of Permits
CUP Application No. C-08-238
Page 9
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO,
a Municipal Corporation
Andrew T. Souza
City Manager
By:
Andrew T. Souza, City Manag
I O` C� ID -0
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By: Q)�Cw �'
We
John W. Foxputy City Attorney
Date: L / V
ATTEST:
EBECCA E. KLISCH
CITY LERK
By G�-
Deputy 10/10/08
APPLICANT:
ELECTRONIC RECYCLERS, INC.
a Delaware Corporation
Linda L. Ramos, secretary
los
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of rr s n o
M911MM
ZZ
personally appeared
QmSONJA M. FABBIAN
COMM. 41611910
NOTARY PUBLIC - CALIFORNIA
FRESNO COUNTY
y Comm. Expires Oct. 8, 2009
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(k whose name( is/aF& subscribed to the
within instrument and acknowledged to me that
)W,lshe/th) i executed the same in /her/thh r authorized
and that by hh*hei i signature('} on the
capacity(I j,
instrument the person(, or the entity upon behalf of
which the person(,4 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand apd official seal.
Signature /moi
Signature of Notary ublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827
QATE MMlDDIYYYY
ACORDCERTIFICATE OF LIABILITY INSURANCE ELECT -3 10/10/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Winton -Ireland - Modesto ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Lic#0596517 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1100 14th Street Suite C ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Modesto CA 95354
Phone:209-529-3480 Fax:209-529-6963
INSURED
Electronic Recyclers
International Inc.
P. O. Box 2428
Fresno CA 93745
CnVFRAnFR
INSURERS AFFORDING COVERAGE NAIC #
INSURER A: Westchester Surplus Lines
INSURERS: Goldan Eagle Ins Corporation
INSURER C: Cypress Insurance Company
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INbK
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFEC
DATE MMIDDIYY
P U EXPIRATION
DATE MM/DD/YY
UMITS
GENERAL LIABILITY
EACH OCCURRENCE $ 1000000
PREMISES{Eaoccurence) $ 50000
A
X
X COMMERCIAL GENERAL LIABILITY
G23829915001
01/12/08
01/12/09
CLAIMS MADE a OCCUR
MED EXP (Any one person) $5000
PERSONAL &ADV INJURY $1000000
A
X Limit:$1,000,000
THIRD PARTY PREMIS
S 01/12/08
01/12/09
GENERAL AGGREGATE $ 2 0 0 0 0 0 0
POLLUTION - CLAIMS MADE
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $2000000
POLICY 7 PRO-
JECT 7 LOC
B
X
AUTOMOBILE
LIABILITY
ANY AUTO
CBP8379374
01/12/08
01/12/09
COMBINED SINGLE LIMIT $ 1000000
(Ea accident)
X
BODILY INJURY $
(Per person)
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY $
(Per a cadent)
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE $
(Per acadent)
GARAGE UABIUTY
AUTO ONLY -EA ACCIDENT $
OTHER THAN EA ACC S
ANY AUTO
AUTO ONLY: AGG $
EXCESSIUMBRELLA LIABILITY
EACH OCCURRENCE $4000000
A
X I OCCUR rXI CLAIMSMADE
G23829927001
01/12/08
01/12/09
AGGREGATE $ 4000000
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
X '(DRY LIMITS ER
C
EMPLOYFRS'LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE
3300053179081
06/01/08
06/01/09
E.L. EACH ACCIDENT $1000000
E.L. DISEASE - EA EMPLOYEE $ 10 0 0 0 0 0
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT I $ 10 0 0 0 0 0
OTHER
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
The City of Fresno, its officers,o£ficials, employees, agents and volunteers
are additional insured as respects to general liability per attached CG2026
11/85 endorsement which includes primary wording_ Additional insured as
respects to automobile liability per applies per form GECA701 01/07. Waiver
of subrogation applies to the workers compensation per form WC990402A.
CERTIFICATE HOLDER CANCELLATION
CITYF-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
City of Fresno NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
% Planning & Development IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Attn: Craig Agabashian
2600 Fresno St., Rm 3065 REPRESENTATIVES.
Fresno CA 93721 AUT HO ED RE PR E,NTATIV
E
ACORD 25 (2009108) I9AL:UKLr VUKrUKAI IVN IV00
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
10 day notice of cancellation for non payment of premium.
POLICY NUMBER. G23829915001 COMNIBRCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILrTY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
The City of Fresno, its officers, officials, employees, agents and volunteers. Such insurance as if afforded
by the policy is primary and any other insurance shall be excess and not contribute to the insurance
afforded by this endorsement.
(if no entry appears above, information rescluired to complete this endorsement will be Shown in the Dedarabons
as applicable to this endorsement)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown In the
Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or
rented to you.
CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 13
COMMERCIAL AUTO GOLD ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SECTION II — LIABILITY COVERAGE
A. COVERAGE
1. WHO IS AN INSURED
The following is added:
d. Any organization, other than a partnership or joint venture, over which you maintain ownership or
a majority interest on the effective date of this Coverage Form, if there is no similar insurance
available to that organization.
e. Any organization you newly acquire or form other than a partnership or joint venture, and over
which you maintain ownership of a majority interest. However, coverage under this provision does
not apply:
(1) if there is similar insurance or a self-insured retention plan available to that organization; or
(2) To "bodily injury" or "property damage" that occurred before you acquired or formed the
organization. ,
f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in
your business or your personal affairs. Insurance provided by this endorsement is excess over
any other insurance available to any volunteer or employee.
g. Any person, organization, trustee, estate or governmental entity with respect to the operation,
maintenance or use of a covered "auto" by an insured, if:
(1) You are obligated to add that person, organization, trustee, estate or governmental entity as
an additional insured to this policy by:
(a) an expressed provision of an "insured contract", or written agreement; or
(b) an expressed condition of a written permit issued to you by a governmental or public
authority.
(2) The "bodily injury" or "property damage" is caused by an "accident' which takes place after:
(a) You executed the "insured contract" or written agreement; or
(b) the permit has been issued to you.
2. COVERAGE EXTENSIONS
a. Supplementary Payments.
Subparagraphs (2) and (4) are amended as follows:
(2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required
because of an "accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of
earning up to $500 a day because of time off from work.
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GECA 701 (01/07) Page 1 of 3
SECTION III — PHYSICAL DAMAGE COVERAGE
A. COVERAGE
The following is added:
5. Hired Auto Physical Damage
a_ Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or
members of their household is a covered "auto" for each of your physical damage coverages.
b_ The most we will pay for "loss" in anyone `accident" is the smallest of:
(1) $50,000
(2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or
(3) The cost of repairing or replacing the damaged or stolen property with other property of like
kind and quality.
If you are liable for the "accident", we will also pay up to $500 per "accident" for the actual loss of
use to the owner of the covered "auto".
c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by
an amount that is equal to the amount of the largest deductible shown for any owned "auto" for
that coverage. However, any Comprehensive Coverage deductible shown in the Declarations
does not apply to "loss" caused by fire or lightning.
d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a
driver and excess over any other collectible insurance for any covered "auto' that you hire with a
driver.
6. Rental Reimbursement Coverage
We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you
for the rental of an "auto" because of loss" to a covered "auto". Rental Reimbursement will be based
on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per
day, and will only be allowed for a period of time it should take to repair or replace the vehicle with
reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for
reasonable and necessary expenses incurred by you to remove and replace your materials and
equipment from the covered "auto".
If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under
this coverage only that amount of your rental reimbursement expense_ s which is not already provided
under paragraph 4. Coverage Extension.
7. Lease Gap Coverage
If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured —
Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any
difference between the actual cash value of the "auto" at the time of the loss and the 'outstanding
balance" of the lease.
"Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts
representing taxes; overdue payments; penalties, interest or charges resulting from overdue
payments; additional mileage charges; excess wear and tear charges; and lease termination fees.
B. EXCLUSIONS
The following is added to Paragraph 3
The exclusion for 'loss" caused by or resulting from mechanical or electrical breakdown does not
apply to the accidental discharge of an airbag_
GECA 701 (01107)
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nrlcnrr r1r%nv
Page 2 of 3
Paragraph 4 is replaced with the following:
4. We will not pay for "loss' to any of the following:
a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use
with audio, visual or data electronic equipment.
b. Equipment designed or used for the detection or location of radar_
c. Any electronic equipment that receives or transmits audio, visual or data signals.
Exclusion 4.c does not apply to:
(1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not
designed solely for the reproduction of sound, if the equipment is permanently installed in the
covered "auto" at the time of the "loss" and such equipment is designed to be solely operated
by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or
(2) Any other electronic equipment that is:
(a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered
"auto's"operating system; or
(b) An integral part of the same unit housing any sound reproducing equipment described in (1)
above and permanently installed in the opening of the dash or console of the covered "auto"
normally used by the manufacturer for installation of a radio.
D. DEDUCTIBLE
The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced.
SECTION IV. BUSINESS AUTO CONDITIONS
A. LOSS CONDITIONS
Item 2.a. and b. are replaced with:
2. Duties In The Event of Accident, Claim, Suit, or Loss
a. You must promptly notify us. Your duty to promptly notify us is effective when any of your
executive officers, partners, members, or legal representatives is aware of the accident, claim,
"suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not
imply you also have such knowledge.
b. To the extent possible, notice to us should include:
(1) How, when and where the accident or loss took place,
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any injury or damage arising out of the accident or loss.
The following is added to 5.
We waive any right of recovery we may have against any additional insured under Coverage A. 1.
Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a
covered "auto" pursuant to the provisions of the "insured contract", written agreement, or permit.
B. GENERAL CONDITIONS
9. is added
9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
Your unintentional failure to disclose any hazards existing at the effective date of your policy will
not prejudice the coverage afforded. However, we have the right to collect additional premium for
any such hazard.
COMMON POLICY CONDITIONS
2b. is replaced by the following:
b. .60 days before the effective date of cancellation if we cancel for any other reason_
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GECA 701 (01/07) Page 3 of 3
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 02A (Ed 1-07)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA
PER -PROJECT (SPECIFIC) BASIS
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right
against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work
under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 5.00 % of the California workers' compensation premium otherwise
due on such remuneration subject to a policy maximum charge for all such waivers of 5.00% of risk standard premium.
The minimum premium for this endorsement is $ 350.00
Schedule
Person or Organization Job Description
THE CITY OF FRESNO ALL CALIFORNIA OPERATIONS
2600 FRESNO STREET; RM 3065; FRESNO, CA 93721
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 06/01/2008 Policy No. 3300053179-081
Insured ELECTRONIC RECYCLERS INTERNATIONAL, INC.
Insurance Company Countersigned by
Cypress Insurance Company
WC 99 04 02A
(Ed 1-07)
Endorsement No. 2
Premium $
CITY'S CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF FRESNO )
On , before me,
Deputy City Clerk personally appeared,
proved to me on the basis of satisfactory evidence, to be the persons(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument(s) the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
REBECCA E. KLISCH, CMC
City Clerk, City of Fresno
JIM
DEPUTY
ATTEST;
REBECCA E. KLISCH
CITY CLERK
Gni
Deputy
CITY CLERK'S CERTIFICATION
I, Jennifer Morelos, Deputy City Clerk of the City of Fresno, California, hereby certify the
foregoing to be a full, true and correct copy of the original Agreement for Early Issuance of
Permits; Adopted on October 7, 2008; on file in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Fresno,
California, this 10th day of October, 2008.
REBECCA E. KLISCH, CMC
City Clerk, City of Fresno
By
Deputy