HomeMy WebLinkAboutWest Coast Waste - Green Waste Processing - 2016/G -)rr¡..
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SERVICE AGREEMENT
CITY OF FRESNO, CALIFORNIA
THIS AGREEMENT is made and entered
2016, by and between the CITY OF FRESNO,
(hereinafter referred to as "ClTY"), and West Coast Waste, lnc., a California
PROVIDËR"), individually each acorporation, (hereinafter referred to as "SERVICE
"Party" and collectively "the Parties".
RECITALS
WHEREAS, CITY desires to obtain Green Waste Processing services for
materials collected by CITY and its agents, hereinafter referred to as the 'Þroject"; and
WHEREAS, SERVICE PROVIDER is engaged in the business of furnishing
services as a green waste recycler and hereby represents that it desires to and ió
physically and legally capable of performing the services called for by this Agreement;
and
WHEREAS, SERVICE PROVIDER acknowledges that this Agreement is subject
to the requirements of Fresno Municipal Code Section 4-107; and
WHEREAS, this Agreement will be administered for CITY by its Director of Public
utilities (hereinafter referred to as "Administrator") or his/her designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and promises hereinafter contained to be kept and performed by the
respective Parties, it is mutually agreed as follows:
1. Defínitions
For the purposes of this Agreement, the definitions and identifications set forth
below are agreed upon by the Parties.
(a) City approval - shall mean a discretionary approval which shall not be
unreasonably withheld, unless stated othenruise.
(b) Business Day(s) - shall mean Monday through Saturday.
(c) Compost - shall mean an end product of Green Waste Material which has
undergone processing meeting or exceeding current market standards and
the requirements of all applicable respective regulatory agencies, including,
without limitation, the California Integrated Waste Management Board.
(d) Green Waste Material(s) (also "Material") - shall nnean "Green Waste" as
defined by the California lntegrated Waste Management Board, and shall
include any waste derived from plant material including, but not limited to,
grass, sawdust, wood shavings, pallets, untreated wood waste, plants and
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flowers, leaves, weeds, shrubbery cuttings, tree trimmings, palm fronds and
Christmas trees generated by, and as collected by CITY from, City of
Fresno Solid Waste Division Green Waste Material residential customers.
(e) Holiday(s) - shall mean Thanksgiving Day, Christmas Day, and New year's
Day.
(f) Mulch - shall mean Green Waste Material that can be shredded for
landscaping usage but is not acceptable as Compost.
(g) Process or Processing - shall mean the method(s) by which SERVICE
PROVIDER prepares the Green Waste Material for storage, shipment,
and/or for sale, application to land, Compost, or a combination thereof, or
any other approved reuse program for the Material.
(h) Processing Facility - shall mean the primary location where SERVICE
PROVIDER stores, transfers, or Processes the collected/delivered Green
Waste Material prior to storage, shipment, and/or for sale as Compost,
application to land, or a combination thereof, or any other approved reuse
program for the respective material. The primary Processing Facility
location for purposes of this Agreement is at SERVICE PROVIDER's facility
located al 3077 South Golden State Frontage Road, Fresno, CA 93725. Thê
phone number of the Processing Facílity is (5Sg) 4gT-5320.
(i) Receiving Facility - shall mean the location where SERVICE PROVIDER
receives deliveries of Green Waste Material from CITY and from where
SERVICE PROVIDER hauls the Green Waste Material to the Processing
Facility. The Receiving Facility location for purposes of this Agreement
shall be at SERVICE PROVIDER's premises, located at 3077 South Golden
State Frontage Road, Fresno, CA 93725. The phone number of the Receiving
Facility is (559) 497-5320. CITY must approve the location of the Receiving
Facility and any proposed changes to location of the Receiving Facility.
Ü) Residuals - shall mean any material that cannot be composted and found
mixed with loads of Green Waste Materials.
(k) Ton - shall mean 2,000 pounds avoirdupois.
(l) Working Day(s) - shall include all days the City of Fresno Green Waste
collection services are operational, as set by the City of Fresno solid waste
collection schedule. SERVICE PROVIDER may petítion CITY to modify these
working hours to meet the conditions of its permit; however, CITY shall be
under no obligation to agree to any modification.
2. Scope of Services. SERVICE PROVIDER shall perform to the satisfaction of CITY
the services described in Exhibit A, including all work incidental to, or necessary to
perform, such services even though not specifically described in Exhibit A. By
executing this Agreement, SERVICE PROVIDER guarantees it currently has the site
capacity, staffing, and equipment to fully meet the requirements of this Agreement.
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3. \on:Exçl-usive Aqreement. CITY agrees to deliver to SERVICE pROVIDER,s
Receivíng Facility approximately 50 percent of Green Waste Materials it (or itsagent) collects daily. SERVICE PROVIf ER acknowledges and agrees this is a non-exclusive Agreement and CITY is not obligated Oy tnis Agreement to deliver aminimum quantity of Green Waste Materials to the Receiving Facility, but onlyapproximately 50 percent of whatever is collected.
Furthermore, CITY makes no guarantee on tonnages of Green Waste Material to beanticipated by SERVICE PROVIDER. CITY retains the right to divert negtigibtequantities of Green Waste Materials for various purposes at ité sole discretion.
4' ferm of Aqreement and Time for Performance. This Agreement shall be effective
from the date first set forth above ("Effective Date") and shall continue in full force
and effect through June 30, 2026, subject to any earlier termination in accordance
with this Agreement.
The services of SERVICE PROVIDER as described in Exhib¡t A are to commence
upon the Effective Date and shall be completed in a sequence assuring expeditious
completion, but in any event, all such services shall be completed prioito expirationof this Agreement and in accordance with any performance schedule set forth inExhibit A.
5. Business License. lf the SERVICE PROVIDER does not have a City of Fresno
Business License, it shall obtain such a license prior to the Effective Date of this
Agreement and maintain in effect throughout the term of this Agreement.
6. Compensation.
(a) SERVICE PROVIDER'S sole compensation for satisfactory pedormance of all
services required or rendered pursuant to this Agreement sÎall be a total fee of
$16.75 per ton of Green Waste Material Procèssed. Such fee includes all
expenses incurred by SERVICE PROVIDER in performance of the services. No
price escalators shall be implemented for the duration of this Agreement.
(b) Detailed statements shall be rendered monthly for services performed in thepreceding month and will be payable in the normal course of CITY business.
(c) SERVICE PROVIDER understands and agrees any request by SERVICE
PROVIDER to adjust the payment by CITY other than as set iorth in this
Agreement, make material changes to this Agreement, or othenryise decrease
revenue or increase costs to CITY under this Agreement, may result in ClTy
either, in the CITY's sole discretion: (1) issuing a new Request ior proposals for
these services; or (2) entering into an agreement with another provider of the
same service then currently under contract to complete the balance of the term of
this Agreement pursuant to the terms of the other contract; either of which may
result in termination of this Agreement if CITY awards a contract to anothei
service provider.
(d) Notwithstanding subsection (c) above, three years or later from the Effective
Date of this Agreement, SERVICE PROVIDER may submit to the Administrator a
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request for a price adjustment, along with documentation supporting the request,
if all the following occur:
(i) A material change in .law (for example, minimum wage or regulatory
requirements) affects the net cost to perform the services trerein Oy á
margin of at least 10 percent (based upon cost at the commencement of
the Agreement);
(ii) The change in law negatively affects feasibility of providing the services as
set forth in Exhibit A, based upon the net cost to SERVICE PROVIDER
and considering a combination of commodity market gains, lower fuel
costs, or other offsets to the costs incurred due to a change in law; and
(iii)The negative impact continues for a period of at least one year.
Should the request demonstrate all of the above criteria, the Administrator shall
consider the request, and the Parties shall have 60 days to negotiate a price
adjustment and amendment to this Agreement, subject io approval of the CityCouncil. lf no agreement is reached, the Parties may agree to continue the
Agreement without a change in terms, or if no agreement is reached, the ClTywill issue a Request for Proposals or enter into an agreement with anotherprovider of the same service then currently under contract, as set forth in
subsection (c) above.
(e) Should the Parties mutually agree to modify this Agreement to increase or
decrease the scope of services provided in this Agreóment or provide for the
rendition of additional services not required by this Agreement, such modificationmay include an adjustment to SERVICE PROVIDER'S compensation. Any
change in the scope of services must be made by written amendment to the
Agreement signed by an authorized representative for each Party. SERVICE
PROVIDER shall not be entitled to any additional compensation if services are
performed prior to a signed written amendment.
7. Termination, Remedies and Force Maieure.
(a) This Agreement may terminate without any liability of ClTy to SERVICE
PROVIDER upon the earlier of: (i) CITY'S non-appropriation of funds sufficient to
meet its obligations hereunder during any CITY fiscal year of this Agreement, or
insufficient funding for the Project; (ii) any material change tı SERVICE
PROVIDER which negatively affects SERVICE PROVIDER's pérformance of its
obligations to CITY; or (iii) expiration of this Agreement. CITY's obligations to pay
SERVICE PROVIDER are subject to availability of revenue from utility fees levied
on CITY's customers, and this obligation is subordinate to the pbdge of these
revenues to any and all bonded indebtedness of CITY. ln no event is ClTy
pledging or obligating under this Agreement any other revenues, including ClTy's
General Fund, or any real and personal property taxes, sales taxes or any other
tax revenues.
(b) Termination for cause:
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(i) lf the SERVICE PROVIDER shall fail to complete delivery, within the time
or times specified herein, of all or any part of the materials, equipment,
supplies or services to be provided under the Agreement, the City
Manager of the City of Fresno or his/her designee, acting for and oñ
behalf of the City, may at any time after the expiration of the time for cure,
terminate the Agreement as to the whole thereof, or in the event partial
delivery has been made and accepted, as to such of the items or service
to be furnished which have not been delivered or accepted prior to such
termination.
(ii) Either Party may terminate this Agreement if the other Party materially
breaches any of its obligations under this Agreement and fails to
commence and diligently pursue reasonable efforts to cure such breach
within 15 days after written notice by the other Party specifically describing
the breach.
(iii)Such termination shall be effective upon receipt by a Party of written
notice of termination from the authorized representative of the other Party,
which notice shall be deemed to have been received by the other Party, if
mailed by certified mail, within 48 hours to the Party's address as
contained this Agreement, or, if personally delivered, upon the delivery
thereof to the Party, the authorized representative of the Party, or to the
Party's said address.
(c) lmmediately upon any termination or expiration of this Agreement, SERVICE
PROVIDER shall (i) stop all work hereunder; and (ii) return to CITY any and all
unearned payments and all properties and materials in the possession of
SERVICE PROVIDER that are owned by CITY. Subject to the terms of this
Agreement, SERVICE PROVIDER shall be paid compensation for services
satisfactorily performed prior to the effective date of termination. SERVICE
PROVIDER shall not be paid for any work or services performed or costs
incurred which reasonably could have been avoided.
(d) ln the event of termination due to failure of SERVICE PROVIDER to satisfactorily
perform in accordance with the terms of this Agreement, CITY may withhold an
amount that would othenruise be payable as an offset to, but not in excess of,
CITY'S damages caused by such failure. ln no event shall any payment by CITY
pursuant to this Agreement constitute a waiver by CITY of any breach of this
Agreement which may then exist on the part of SERVICE PROVIDER, nor shall
such payment impair or prejudice any remedy available to CITY with respect to
the breach.
(e) Upon any breach of this Agreement by SERVICE PROVIDER, CITY may
(i) exercise any right, remedy (in contract, law or equity), or privilege which may
be available to it under applicable laws of the State of California or any other
applicable law; (ii) proceed by appropriate court action to enforce the terms of the
Agreement; andior (iii) recover all direct, indirect, consequential, economic and
incidental damages for the breach of the Agreement.
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(f) SERVICE PROVIDER shall provide CITY with adequate written assurances offuture pedormance, upon Administrator's request, in the event SERVICE
PROVIDER fails to comply with any terms or conditions of this Agreement.
(g) SERVICE PROVIDER shall be liable for default unless nonperformance iscaused by an occurrence beyond the reasonable control of SERVICE
PROVIDER and without its fault or negligence such as, acts of God or the public
enemy, acts of CITY in its contractual capacity, fires, floods, epidemics,quarantine restrictions, strikes, unusually severe weather, and delays of common
carriers' SERVICE PROVIDER shall notify Administrator in writing as soon as itis reasonably possible after the commencement of any excusablJ delay, settingfotth the full particulars in connection therewith, and shall remeïy rrcñ
occurrence with all reasonable dispatch, and shall promptly give written notice to
Administrator of the cessation of such occurrence.
8. Receivinq Green Waste Materials.
(a) SERVICE PROVIDER shall make the Receiving Facility available for deliveries
of Green Waste Material on Working Days (between thé hours of 6:30 a.m. and5:30 p.m., Monday through Friday and from 7:00a.m. to 12:00 p.m. on
Saturdays, except Holidays), or such other times as the Parties may agree.
(b) Except as expressly provided in this subsection, SËRVICE PROVIDER will
accept the Green Waste Material "as is" and will assume all risks in handling
such material. CITY will ensure that it retains any mandated classification under
Division 4.5 of Title 22 of California Code of Regulations of "non-hazardous
waste" for its curb-side residential Green Waste Material.
(c) Green Waste Material delivered to the Receiving Facility by ClTy shall be
received by SERVICE PROVIDER's employees and equipmeni onto grounds of
Receiving Facility. SERVICE PROVIDER shall provide adequate staff and make
the Receiving Facility available such that CITY's vehicles are able to complete
delivery of a load in ten minutes or less, measured from time of weigh-in prior to
unloading the Materials through weigh-out after unloading the Materials.
(d) SERVICE PROVIDER shall make accessible clean, sanitary, well-maintained
restroom facilities conveniently located at the Receiving Facility for drivers
delivering Green Waste Materials. Said restrooms shall remain avàilable during
all hours the Receiving Facility may receive Green Waste Materials.
(e) ln the event that SERVICE PROVIDER determines an entire single load of
Green Waste Material delívered by a CITY vehicle pursuant to this Agreement
constitutes "hazardous material" as defined in Division 4.5 of tille ZZ ot
California Code of Regulations, then SERVICE PROVIDER may reject such
load and return it to CITY; provided that SERVICE PROVIDER provides to ClTy
clear and convincing evidence that the entire load returned by SERVICE
PROVIDER (i) was originally contained in a single load delivered by a CITY
vehicle pursuant to this Agreement, and (ii) that such entire single load
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constituted "hazardous material" as defined in Division 4.5 of Tiile 22 of
California Code of Regulations.
(0 SERVICE PROVIDER shall provide weight tickets from a State of California
registered and certified scale. Weight tickets are to be signed by the delivering
CITY employee. SERVICE PROVIDER shall electronicaiy tranimit data of ai
weight tickets to CITY for each Working Day, by the follbwing Working Day.
SERVICE PROVIDER shall sort the original hard copy weight tickets Oy Oaíeand mail or deliver the weight tickets to CITY's Solid Wãste Managêment
Division office on a daily basis. This requirement may be satisfied by- giving
such hard copies to a CITY delivery vehicle driver to transport to such biv¡s¡oñoffice. The electronic format is to be compatible with Access, Dbase, Foxpro,
Excel or ASCll. SERVICE PROVIDER shall develop a format and electronic
transfer process satisfactory to CITY with assistance of ClTy's information
systems specialist.
SERVICE PROVIDER shall prepare each weight ticket by assigning each a
unique control number, identifying thereon the Receivinrg Fácility by name, and
including thereon the following printed information: lnbound bate and Time,
Weighmaster Outbound Date and Time, Weighmaster CITY Truck Number,
Vehicle License Plate Number, Description of material, Gross Weight in pounds,
Gross Truck Tare Weight in pounds, Net Weight in pounds, Driùer Signature,
Route Number.
(g) SERVICE PROVIDER shall comply with all applicable federal, state and local
agency regulations in receiving Green Waste Materials.
9. Processinq Green Waste Materials.
(a) SERVICE PROVIDER shall be responsible for transporting all Green Waste
Materials from the Receiving Facility to the Processing Fãcility and for the
storage, Processing, transfer, sale and final disposition of CITY's Green Waste
Materials at the Processing Facility in a manner ensuring compliance withpermits issued by federal, state or local governmental bodies -or
agencies for the
sites of both the Receiving Facility and the Processing Facility. Final end-use of
Processed Green Waste Materials shall conform to Californiâ lntegrated Waste
Management Board ("ClWMB"), now "CalRecycle," Assembly Bill g3g 1"ABg3g"¡requirements to enable CITY to rec ive maximum diversion credits. SERVICE
PROVIDER shall comply with the provisions of the Source Reduction and
Recycling Element (SRRE) plan adopted by CalRecycle for CITY to meet such48939 requirements (e.9., end-use for materials thereunder may include
Compost, Mulch, mine reclamation, land application, biomass fuel, eic.). The
end use of one hundred percent of CITY's Green Waste Materials received and
Processed by SERVICE PROVIDER as either Compost, biomass fuel, mine
reclamation, land application, clean wood fines, or as a soil amendment to be
used by end users shall be subject to the approval of CITY's Representative.
SERVICE PROVIDER shall comply with A8939 requirements for final disposition
of CITY's Green Waste Materials.
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(b) SERVICE PROVIDER shall be responsible for all costs related to, and disposal
of, Residuals.
(c) SERVICE PROVIDER shall meet all federal, state and local laws, as well as
CalReycle regulations and standards for the methods of Processing of Green
Waste Materials.
l0.Confidential lnformation and Ownership of Documents.
(a) Subject to State regulations, any reports, information, or other data prepared or
assembled by SERVICE PROVIDER pursuant to this Agreement shall not be
made available to any individual or organization by SERVICE pROVIDER
without the prior written approval of the Administrator. During the term of this
Agreement, and thereafter, SERVICE PROVIDER shall not, without the prior
written consent of CITY, disclose to anyone any Confidential lnformation. The
term Confidential lnformation for the purposes of this Agreement shall include all
proprietary and confidential information of CITY, including but not limited to
business plans, marketing plans, financial information, materials, compilations,
documents, instruments, models, source or object codes and other information
disclosed or submitted, orally, in writing, or by any other medium or media. All
Confidential lnformation shall be and remain confidential and proprietary in ClTy.
Confidential lnformation shall not include daily tonnage records of materials
received from CITY.
(b)Any and all writings and documents prepared or provided by SERVICE
PROVIDER pursuant to this Agreement are the property of CITY ai the time of
preparation and shall be turned over to CITY upon expiration or termination of
the Agreement. SERVICE PROVIDER shall not permit the reproduction or use
thereof by any other person except as othenryise expressly provided herein,
(c) This Section shall survive expiration or termination of this Agreement.
l l.Representation of Skill. lt is further mutually understood and agreed by and between
the Parties hereto that inasmuch as SERVICE PROVIDER represents to ClTy that
SERVICE PROVIDER is skilled in the industry and shall perform in accordance with
the standards of said industry necessary to perform the services agreed to be done
by it under this Agreement, CITY relies upon the skill of SERVICE PROVIDER to do
and perform such services in a skillful manner and SERVICE PROVIDER agrees to
thus perform the services. Therefore, any acceptance of such services by ClTy
shall not operate as a release of SERVICE PROVIDER from said industry standards
or those set forth in this Agreement.
l2.lndemnification. To the furthest extent allowed by law, SERVICE PROVIDER 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), 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
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negligence, recklessness or willful misconduct of sERVlcE pRoVlDER, itsprincipals, officers, employees, agents or volunteers in the performance of this
Agreement. The SERVICE PROVIDER's obligations unden the preceding sentence
shall apply regardless of whether CITY or any of its officers, officials, employees,
agents or volunteers are actively or passively negligent, but shall not apply tó anyloss, liability, fines, penalties, forfeitures, costs or damages caused by the grors
negligence or by the willful misconduct of CITY or any of its officeis, officials,
employees, agents or volunteers.
This section shall survive termination or expiratíon of this Agreement.
13.lnsurance.
(a) Throughout the life of this Agreement, SERVICE PROVIDER shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which is
incorporated into and part of this Agreement, with an insurance company(ies)
either (i) admitted by the California lnsurance Commissioner to do business inthe State of California and rated no less than "A-Vll' in the Best's lnsurance
Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or
his/her designee at any time and in his/her sole discreiion. The required pıticies
of insurance as stated in Exhibit B shall maintain limits of liability of not less than
those amounts stated therein. However, the insurance limits available to ClTy,its officers, officials, employees, agents and volunteers as additional insureds,
shall be the greater of the minimum limits specified therein or the full limit of any
insurance proceeds to the named insured.
(b) lf at any time during the life of the Agreement or any extension, SERVICE
PROVIDER fails to maintain any required insurance in full force and effect, all
services and work under this Agreement shall be discontinued immediately, and
all payments due or that become due to SERVICE PROVTDER shall be wúnneU
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 slrall be
sufficient cause for CITY to terminate this Agreement. No action taken by ClTy
pursuant to this section shall in any way relieve SERVICE PROVIDER of its
responsibilities under this Agreement. The phrase "fail to maintain any required
insurance" shall include, without limitation, notification received by ClTy il^rat an
insurer has commenced proceedings, or has had proceedings commenced
against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by SERVICE PROVIDER shall not be
deemed to release or diminish the liability of SERVICE PROVIDER, including,
without limitation, liability under the indemnity provisions of this Agreement. The
duty to indemnify CITY 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 SERVICE PROVIDER.
Approval or purchase of any insurance contracts or policies shall in no way
relieve from liability nor limit the liability of SERVICE PROVIDER, its principals,
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officers, agents, employees, or persons under the supervision of SERVICE
PROVIDER, vendors, suppliers, invitees, consultants, sub-consultants, or
anyone employed directly or indirecily by any of them.
(d) Upon request of CITY, SERVICE PROVIDER shall immediately furnish ClTy witha complete copy of any insurance policy required under this Agreement,
including all endorsements, with said copy certified by the undenryriter to be atrue and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
14.
(a) Prior to CITY'S execution of this Agreement, SERVICE PROVIDER shall
complete a City of Fresno conflict of interest disclosure statement in the form as
set forth in Exhibit C. During the term of this Agreement, SERVICE pROVIDER
shall have the obligation and duty to immediately notify CITY in writing of any
change to the information provided by SERVICE PROVIDER in such statement.
(b) SERVICE PROVIDER shall comply with all applicable (i) professional canons
and requirements governing avoidance of impermissible client conflicts; and (ii)
federal, state and local conflict of interest laws and regulations including, withoui
limitation, California Government Code Section 1090 et. seq., the Ôalifornia
Political Reform Act (California Government Code Section 87100 et. seq.) and
the regulations of the Fair Political Practices Commission concerning disclosure
and disqualification (2 California Code of Regulations Section 18700 et. seq.). At
any time, upon written request of CITY, SERVICE PROVIDER shall provide a
written opinion of its legal counsel that, after a due díligent inquiry, SERVICE
PROVIDER is in full compliance with all laws and regulations. SERVICE
PROVIDER shall take reasonable steps to avoid any appearance of a conflict of
interest. Upon discovery of any facts giving rise to the appearance of a conflict of
interest, SERVICE PROVIDER shall immediately notify CITY of these facts in
writing.
(c) ln performing the work or services to be provided hereunder, SERVICE
PROVIDER shall not employ or retain the services of any person while such
person either is employed by CITY or is a member of any CITY council,
commission, board, committee, or similar CITY body. This requirement may be
waived in writing by the City Manager, if no actual or potential conflict is involved.
(d) SERVICE PROVIDER represents and warrants that it has not paid or agreed to
pay any compensation, contingent or othenryise, direct or indirect, to solicit or
procure this Agreement or any rights/benefits hereunder.
(e) SERVICE PROVIDER shall have no interest, direct or indirect, in any other
contract with a third party in connection with this Project unless such interest is in
accordance with all applicable law and fully disclosed to and approved by the
City Manager, in advance and in writing. Notwithstanding any approval given by
the City Manager under this provision, SERVICE PROVIDER shall remain
responsible for complying with Section g(a), above.
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(f) This Section shall survive expiration or termination of this Agreement.
l5.Recvclinq Proqram. ln the event SERVICE PROVIDER maintaínsan office or
operates a facility(ies), or is required herein to maintain or operate same, within the
incorporated limits of the City of Fresno, SERVICE PROVIDER at its sole cost and
expense shall:
(a) lmmediately establish and maintain a viable and ongoing recycling program,
approved by CITY'S Solid Waste Management Division, for each office and
facility. Literature describing CITY recycling programs is available from ClTy'S
Solid Waste Management Division and by calling City of Fresno Recycling
Hotline at (559) 621-1111.
(b) lmmediately contact CITY'S Solid Waste Management Division at (S59) 621-
1452 and schedule a free waste audit, and cooperate with such Division in their
conduct of the audit for each office and facility.
(c) Cooperate with and demonstrate to the satisfaction of CITY'S Solid Waste
Management Division the establishment of the recycling program in paragraph
(i) above and the ongoing maintenance thereof.
16. General Terms.
(a) Authorized giqnature. Except as othenryise provided by law, all notices expressly
required of CITY within the body of this Agreement, and not othen¡rise specifically
provided for, shall be effective only if signed by the Administrator or his/her
designee.
(b) Audits. Records of SERVICE PROVIDER'S expenses pertaining to the Project
shall be kept on a generally recognized accounting basis and shall be availáble
to CITY or its authorized representatives upon request during regular business
hours throughout the life of this Agreement and for a period of three years after
final payment or, if longer, for any period required by law. ln addition, all books,
documents, papers, and records of SERVICE PROVIDER pertaining to the
Project shall be available for the purpose of making audits, examlnations,
excerpts, and transcriptions for the same period of time. lf any litigation, claim,
negotiations, audit or other action is commenced before the expiration of said
time period, all records shall be retained and made available to CITY until such
action is resolved, or until the end of said time period whichever shall later occur.
This Section 16(b) shall survive expiration or termination of this Agreement.
(c) License. Prior to execution of this Agreement by CITY, SERVICE PROVIDER
shall have provided evidence to CITY that SERVICE PROVIDER is licensed to
perform the services called for by this Agreement (or that no license is required).
lT.Nondiscrimination. To the extent required by controlling federal, state and local law,
SERVICE PROVIDER shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a
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disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during
the performance of this Agreement, SERVICE PROVIDER agrees aé foliows:
(a) SERVICE PROVIDER will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition,
marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era be excluded from participation in, be denied the
benefits of, or be subject to discrimination under any program or activity made
possible by or resulting from this Agreement.
(b) SERVICE PROVIDER will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era. SERVICE PROVIDER shall ensure that applicants are employed,
and the employees are treated during employment, without regard to theìr ráce,
religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, age, sexual orientation, ethnicity,
status as a disabled veteran or veteran of the Vietnam era. Such requiremeñt
shall apply to SERVICE PROVIDER'S employment practices including, but notbe limited to, the following: employment, upgrading, demotion oi transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship.
SERVICE PROVIDER agrees to post in conspicuous plaðes, available io
employees and applicants for employment, notices setting forth the provision of
this nondiscrimination clause.
(c) SERVICE PROVIDER will, in all solicitations or advertisements for employees
placed by or on behalf of SERVICE PROVIDER in pursuit hereof, state that all
qualified applicants will receive consideration for employment without regard to
race, religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, age, sexual orientation, ethnicity,
status as a disabled veteran or veteran of the Vietnam era.
(d) SERVICE PROVIDER will send to each labor union or representative of workers
with which it has a collective bargaining agreemerìt or other contract or
understanding, a notice advising such labor union or workers' representatives of
SERVICE PROVIDER'S commitment under this section and shall post copies of
the notice in conspicuous places available to employees and applicants for
employment.
1 8. lndeoendent Contractor.
(a) ln the furnishing of the services provided for herein, SERVICE PROVIDER is
acting solely as an independent SERVICE PROVIDER. Neither SERVICE
PROVIDER, nor any of its officers, agents or employees shall be deemed an
officer, agent, employee, joint venturer, partner or associate of CITY for any
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purpose. CITY shall have no right to control or supervise or direct the manner or
method by which SERVICE PROVIDER shall perform its work and functions.
However, CITY shall retain the right to administer this Agreement so as to verify
that SERVICE PROVIDER is performing its obligations in accordance with the
terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between
SERVICE PROVIDER and CITY. SERVICE PROVIDER shall have no authority
to bind CITY absent CITY'S express written consent. Except to the extent
othenruise provided in this Agreement, SERVICE PROVIDER shall bear its own
costs and expenses in pursuit thereof.
(c) Because of its status as an independent SERVICE PROVIDER, SERVICE
PROVIDER and its officers, agents and employees shall have absolutely no right
to employment rights and benefits available to CITY employees. SERVICE
PROVIDER shall be solely liable and responsible for all payroll and tax
withholding and for providing to, or on behalf of, its employees all employee
benefits including, without limitation, health, welfare and retirement benefits. ln
addition, together with its other obligations under this Agreement, SERVICE
PROVIDER shall be solely responsible, indemnify, defend and save CITY
harmless from all matters relating to employment and tax withholding for and
payment of SERVICE PROVIDER'S employees, including, without limitation, (i)
compliance with Social Security and unemployment insurance withholding,
payment of workers compensation benefits, and all other laws and regulations
governing matters of employee withholding, taxes and payment; and (ii) any
claim of right or interest in CITY employment benefits, entitlements, programs
and/or funds offered employees of CITY whether arising by reason of any
common law, de facto, leased, or co- employee rights or other theory. lt is
acknowledged that during the term of this Agreement, SERVICE PROVIDER
may be providing services to others unrelated to CITY or to this Agreement.
19.Notices. Any notice required or intended to be given to either Party underthe terms
of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation of
receipt, or sent by United States registered or certified mail, with postage prepaid,
return receipt requested, addressed to the Party to which notice is to be given at the
Party's address set forth on the signature page of this Agreement or at such other
address as the Parties may from time to time designate by written notice. Notices
served by United States mail in the manner above described shall be deemed
sufficiently served or given at the time of the mailing thereof.
20.Bindinq. Once this Agreement is signed by all Parties, it shall be binding upon, and
shall inure to the benefit of, all Parties, and each Parties' respective heirs,
successors, assigns, transferees, agents, servants, employees and representatives.
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2l.Assiqnment.
(a) This Agreement is personal to SERVICE PROVIDER and there shall be no
assignment, transfer, sale, or subcontracting by SERVICE PROVIDER of its
rights or obligations under this Agreement without CITY approval. Any attempted
assignment by SERVICE PROVIDER or its successors without CITY approval
shall be null and void and may result in termination of this Agreement, at the
election of the CITY.
(b) SERVICE PROVIDER hereby agrees not to assign the payment of any monies
due SERVICE PROVIDER from CITY under the terms of this Agreement to any
other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any
and all monies due SERVICE PROVIDER directly to SERVICE PROVIDER.
22.Compliance With Law. ln providing the services required under this Agreement,
SERVICE PROVIDER shall at all times comply with all applicable laws of the United
States, the State of California and CITY, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory
agencies, now in force and as they may be enacted, issued, or amended during the
term of this Agreement.
23. Waiver. The waiver by either Party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions
of this Agreement may be waived unless in writing and signed by all Parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
24.Governinq Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall be Fresno
County, California.
25.Headinqs. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
26.Severability. The provisions of this Agreement are severable. The invalidity or
unenforceability of any one provision in this Agreement shall not affect the other
provisions.
27.lnterpretation. The Parties acknowledge that this Agreement in its final form is the
result of the combined efforts of the Parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either Party, but rather
by construing the terms in accordance with their generally accepted meaning.
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2S.Attornev's Fees. lf 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.
29. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
30. Precedence of Documents. ln the event of any conflict between the body of this
Agreement and any Exhibit or Attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and
conditions expressed within the Exhibit or Attachment. Furthermore, any terms or
conditions contained within any Exhibit or Attachment hereto which purport to modify
the allocation of risk between the Parties, provided for within the body of this
Agreement, shall be null and void.
31. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive
but shall, wherever possible, be cumulative with all other remedies at law or in
equity.
32. No Third Partv Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific Parties hereto as identified in the
preamble of this Agreement. Notwithstanding anything stated to the contrary in this
Agreement, it is not intended that any rights or interests in this Agreement benefit or
flow to the interest of any third parties.
33. Extent of Aqreement. Each Party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the Parties with respect to the subject matter
hereof and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be modified only by written instrument duly
authorized and executed by both CITY and SERVICE PROVIDER.
ilt
ilt
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lN WITNESS WHEREOF, the Parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
ATTEST:
YVONNE SPENCE
City Clerk
zs/t L
Addresses:
CITY:
City of Fresno
Attention: Jerry Schuber, Assistant
Director of Public Utilities
1325 El Dorado St.
Fresno, CA 93706
Phone: (559) 621-1801
FAX: (559) 266-1009
Attachments:
Exhibit A - Scope of Services
Exhibit B - lnsurance Requirements
Exhibit C - Conflict of lnterest Disclosure
West Coast Waste, lnc.,
(if corporation or LLC, Board
Chair, Pres. or Vice Pres.)
a Califor
Name:
Title:
(if corporation or , CFO,
Treasurer, Se ary or Assistant
Secretary)
SERVICE PROVIDER:
West Coast Waste, lnc.
Attention: Dennis Balakian, President
3307 S. Golden State Frontage Rd.
Fresno, CA93725
Phone: (559) 497-5320
FAX: (559) 497-1915
Th o m a s,E lgueÁa,' Di recto r
Departmerit ublic Utilities
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
Amanda B. Freeman
Deputy City Attorney
-1 6-
Exhibit A
SCOPE OF SERVICES
Service Agreement between Gity of Fresno
and West Goast Waste, lnc.
Green Waste Processinq
The Service Provider shall provide to City services related to Green Waste
Materials and Processing as follows:
1. The Service Provider will receive, process and beneficially reuse or recycle Green
Waste Materials collected by the City of Fresno or its assigned agents and delivered
to the Service Provider in accordance with the terms of this Agreement.
2. The Service Provider will be expected to charge the City on a per ton basis for all
Green Waste Materials delivered to the Service Provider processing site and
prepared for beneficial reuse, as set forth in the terms of this Agreement.
3. The Service Provider will assume all responsibility for the legal and proper disposal
of residual waste materials that cannot be beneficially reused or recycled by the
vendo(s). All residual waste materials shall be disposed of at the American Avenue
Landfill, which is owned and operated by Fresno County.
4. The Service Provider shall be required to submit monthly tonnage reports for Green
Waste Materials delivered to the Service Provider's processing site by the City, and
the tonnage reports shall include the quantities of residual waste materials delivered
to the American Avenue Landfill.
The City makes no guarantee on the quantity or quality of Green Waste Materials to be
delivered to the Service Provider's processing sites in the future.
Description of Currenf Services
The City currently provides residential solid waste collection service to all single-family
residential housing units (up to four dwelling units) located within the City's municipal
corporate limits. All residents receive solid waste collection, co-mingled recyclables
collection, and green waste collection services on a designated day for their
neighborhood, and are provided with 96-gallon carts for each of the three material
streams. Additional 96-gallon carts can be provided upon request, and an additional
charge, for Co-mingled recyclables and green waste. The materials accepted through
that program are listed on the City's website at:
dentialServices/Blue. htm
Green waste collection includes grass, leaves, weeds, sawdust, palm fronds, untreated
wood, fruit and vegetables. Christmas trees are collected for recycling after the
holidays. An additional 96 gallon cart is available to residents for an additional monthly
charge. lnformation on the City's current green waste collection program can be found
on the City's website at:
Page I of2
Exhibit B
INSURANCE REQUIREMENTS
Service Agreement between City of Fresno ("C|TY")
and West Coast Waste, lnc. ("SERVICE PROVIDER")
Green Waste Processinq
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of lnsurance Services Office (lSO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage arising
out of your business operations. The Commercial General Liability policy shall be
written on an occurrence form and shall provide coverage 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, and contractual liability
(including, without limitation, indemnity obligations under the Agreement) with
limits of liability not less than those set forth under "Minimum Limits of
lnsurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00
01, providing liability coverage arising out of the ownership, maintenance or use
of automobiles in the course of your business operations. The Automobile Policy
shall be written on an occurrence form and shall provide coverage for all owned,
hired, and non-owned automobiles or other licensed vehicles (Code 1- Any
Auto). lf personal automobile coverage is used, the CITY, its officers, officials,
employees, agents and volunteers are to be listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
MINIMUM LIMITS OF INSURANCE
SERVICE PROVIDER shall maintain limits of liability of not less than those set
forth below. However, insurance limits available to CITY, its officers, officials,
employees, agents and volunteers as additional insureds, shall be the greater of
the minimum limits specified herein or the full limit of any insurance proceeds
available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $2,000,000 per occurrence for bodily injury and property damage;(ii) $2,000,000 per occurrence for personal and advertising injury;
Page 1 of 5
(iii) $4,000,000 aggregate for products and completed operations; and,(iv) $4,000,000 general aggregate applying separately to the work
performed under the Agreement.
2. COMMERCIALAUTOMOBILELIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits and EMPLOYER'S LIABILITY with limits of liability
not less than
(¡) $1,000,000 each accident for bodily injury;(ii) $1,000,000 disease each employee; and,(i¡i) $1,000,000 disease policy limit.
4. CONTRACTORS' POLLUTION LEGAL LIABILITY (CPL) (and/or other
applicable policies as determined by the City's Risk Manager or his/her designee,
e.g. Asbestos Legal Liability) unless waived in writing by the c/ry's Risk
Manager or his/her designee shall be written on either an occurrence form, or a
claims-made form, and is required for all environmental and water remediation
work and for all work transporting fuel. CPL is also required for demolition,
renovation, HVAC, plumbing and electrical work (including, without limitation,
lighting) on any structure built priorto the year 1990 with limits of liability of not
less than the following:
(¡) $1,000,000 per occurrence or claim; and,(ii) $2,000,000 general aggregate per annual policy period.
(a) ln the event this Agreement involves any lead based, mold or asbestos
environmental hazard, either the CAL policy or other appropriate insurance policy
shall be endorsed to include Transpoñation Pollution Liability insurance covering
materials to be transported by APPLICANT pursuant to the Agreement.
(b) ln the event this Agreement involves any lead-based environmental
hazard (e.9., lead based paint), and/or asbestos environmental hazard (e.g.
asbestos remediation), and/or mold environmental hazard (e.g. mold
remediation) the CPL insurance policy or other appropriate policy shall be
endorsed to include coverage for lead based environmental hazards and/or
asbestos environmental hazards andior mold environmental hazards and
"microbial matter including mold" with the definition of "Pollution" und
UMBRELLA OR EXCESS INSURANCE
ln the event SERVICE PROVIDER purchases an Umbrella or Excess insurance
policy(ies) to meet the "Minimum Limits of lnsurance," this insurance policy(ies)
Page 2 of 5
shall "follow form" and afford no less coverage than the primary insurance
policy(ies). ln addition, such Umbrella or Excess insurance policy(ies) shall also
apply on a primary and non-contributory basis for the benefit of the CITY, its
officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
SERVICE PROVIDER shall be responsible for payment of any deductibles
contained in any insurance policy(ies) required herein and SERVICE PROVIDER
shall also be responsible for payment of any self-insured retentions. Any
deductibles or self-insured retentions must be declared on the Certificate of
lnsurance, and approved by, the CITY'S Risk Manager or his/her designee. At
the option of the CITY'S Risk Manager or his/her designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects CITY, its officers, officials,
employees, agents and volunteers; or(ii) SERVICE PROVIDER shall provide a financial guarantee,
satisfactory to CITY'S Risk Manager or his/her designee,
guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall CITY be
responsible for the payment of any deductibles or self-insured
retentions.
OTHER INSU RANCE PROVISIONS/ENDORSEMENTS
(i) All policies of insurance required herein shall be endorsed to provide that
the coverage shall not be cancelled, non-renewed, reduced in coverage or in
limits except after thirty (30) calendar days written notice has been given to CITY,
except ten (10) days for nonpayment of premium. SERVICE PROVIDER is also
responsible for providing written notice to the CITY under the same terms and
conditions. Upon issuance by the insurer, broker, or agent of a notice of
cancellation, non-renewal, or reduction in coverage or in limits, SERVICE
PROVIDER shall furnish CITY with a new certificate and applicable
endorsements for such policy(ies). ln the event any policy is due to expire during
the work to be performed for CITY, SERVICE PROVIDER shall provide a new
certificate, and applicable endorsements, evidencing renewal of such policy not
less than fifteen (15) calendar days prior to the expiration date of the expiring
policy.
(ii) The CGL, CAL and CPL policies of insurance shall be endorsed to name
CITY, its officers, officials, agents, employees and volunteers as additional
insureds, SERVICE PROVIDER shall establish additional insured status for the
City and for all ongoing and completed operations by use of ISO Form
CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed
manuscript insurance company endorsement providing additional insured status
as broad as that contained in ISO Form CG 20 1011 85.
Page 3 of 5
(iii) For any claims related to this Agreement, sERVlcE pRovlDER's
insurance coverage shall be primary insurance with respect to the CITY, its
officers, officials, agents, employees and volunteers. Any insurance or self-
insurance maintained by the clTY, its officers, officials, agents, employees and
volunteers shall be excess of the SERVICE PROVIDER'S insurance and shall
not contribute with it. SERVICE PROVIDER shall establish primary and
noncontributory status by use of ISO Form CG 20 01 04 13 or by an executed
manuscript insurance company endorsement that provides primary and
noncontributory status as broad as that contained in ISO Form CG 20 01 04 13.
(iv) Should any of the required policies provide that the defense costs are paid
within the Limits of Liability, thereby reducing the available limits by any defense
costs, then the requirement for the Limits of Liability of these polices will be twice
the above stated limits.
(v) The coverage shall contain no special limitations on the scope of
protection afforded to CITY, its officers, officials, employees, agents and
volunteers. Any available insurance proceeds in excess of the specified
minimum limits and coverage shall be available to the Additional lnsured.
(vi) The workers' compensation insurance policy shall contain, or be
endorsed to contain, a waiver of subrogation as to CITY, its officers, officials,
agents, employees and volunteers.
PROVIDING CITY WITH DOCUMENTS - CONTRACTOR shall furnish CITY with
all certificate(s) and applicable endorsements effecting coverage required hereinAll certificates and applicable endorsements are to be received and
approved by the CITY'S Risk Manager or his/her designee prior to CITY'S
execution of the Agreement and before work commences. All non-lSo
endorsements amending policy coverage shall be executed by a licensed and
authorized agent or broker. Upon request of CITY, SERVICE PROVIDER shall
immediately furnish CITY with a complete copy of any insurance policy required
under this Agreement, including all endorsements, with said copy certified by the
undenruriter to be a true and correct copy of the original policy. This requirement
shall survive expiration or termination of this Agreement.
CLAIMS-MADE POLICIES - lf any coverage required is written on a claims-
made coverage form:(i) The retroactive date must be shown, and must be before the effective date
of the Agreement or the commencement of work by SERVICE PROVIDER.(ii) lnsurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the work or termination of
the Agreement, whichever first occurs.(iii) lf coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date of the
Agreement, or work commencement date, SERVICE PROVIDER must purchase
"extended reporting" period coverage for a minimum of five (5) years after
completion of the work or termination of the Agreement, whichever first occurs.
Page 4 of 5
(iv) A copy of the claims reporting requirements must be submitted to CITY for
review.(v) These requirements shall survive expiration or termination of the
Agreement.
MAINTENANCE OF COVERAGE - lf at any time during the life of the Agreement
or any extension, SERVICE PROVIDER fails to maintain any required insurance
in full force and effect, all work under this Agreement shall be discontinued
immediately 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. No action taken
by CITY hereunder shall in any way relieve SERVICE PROVIDER of its
responsibilities under this Agreement. The phrase "fail to maintain any required
insurance" shall include, without limitation, notification received by CITY that an
insurer has commenced proceedings, or has had proceedings commenced
against it, indicating that the insurer is insolvent.
The fact that insurance is obtained by SERVICE PROVIDER shall not be
deemed to release or diminish the liability of SERVICE PROVIDER, including,
without limitation, liability under the indemnity provisions of this Agreement. The
duty to indemnify CITY 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 SERVICE PROVIDER.
Approval or purchase of any insurance contracts or policies shall in no way
relieve from liability nor limit the liability of SERVICE PROVIDER, its principals,
officers, agents, employees, persons under the supervision of SERVICE
PROVIDER, vendors, suppliers, invitees, consultants, sub-consultants, or
anyone employed directly or indirectly by any of them.
Page 5 of 5
YES*NO
1 Are you currently in litigation with the City of Fresno or any of
its agents?
tr
2 Do you represent any firm, organization or person who is in
litigation with the City of Fresno?
T
3 Do you currently represent or perform work for any clients
who do business with the City of Fresno?
T
4 Are you or any of your principals, managers or professionals,
owners or investors in a business which does business with
the City of Fresno, or in a business which is in litigation with
the City of Fresno?
tr
5 Are you or any of your principals, managers or professionals,
related by blood or marriage to any City of Fresno employee
who has any significant role in the subject matter of this
service?
T
b Do you have, or expect to have, any interest, direct or
indirect, in any other contract in connection with this Project?T
Explanation:
/\r I
Exhibit G
DISCLOSURE OF CONFLICT OF INTEREST
West Coast Waste, lnc., Green Waste Processinq
Date
)a
e-ki
(company)
¡ Additional page(s) attached.