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Waste Mgmt/Recycling 00AMENDED AND RESTATED AGREEMENT FOR THE COLLECTION AND RECYCLING OF RECYCLABLE MATERIALS BETWEEN THE CITY OF LA QUINTA AND WASTE MANAGEMENT OF CALIFORNIA, INC. FOR FISCAL YEAR JUNE 30, 2000 - JULY 30,2008 C:\My Documents\WPDOCS\Cont Waste 2000 Recycl.wpd July 11, 2000 ARTICLE I TERM .... Section 1.1 Term Table of Contents ..................................1 ARTICLE II SCOPE OF WORK ............................... 1 Section 2.1 Recyclable Materials ......................... 1 Section 2.2 Household Hazardous Wastes ................. 2 Section 2.3 Advisory Obligations of Contractor .............. 3 Section 2.4 Recycling Programs at Special Events ............. 3 Section 2.5 Funds Held in Trust for City ................... 4 ARTICLE III EQUIPMENT AND PERSONNEL ...................... 4 Section 3.1 Collection Vehicles .......................... 4 Section 3.2 Containers ............................... 5 Section 3.3 Employees ............................... 6 Section 3.4 Recycling Coordinator ....................... 6 ARTICLE IV SUPERVISION ................................. 6 Section 4.1 Authority of City ........................... 6 Section 4.2 Public/Customer Service and Accessibility .......... 7 Section 4.3 Complaints ............................... 8 Section 4.4 Customer Information and Public Education ......... 8 ARTICLE INSURANCE..................................11 Section 5.1 General Liability Insurance .................... 11 Section 5.2 Worker's Compensation and Employer's Liability Insurance ............................... 12 Section 5.3 Notice to City, Evidence of Insurance ............ 12 ARTICLE VI PERFORMANCE BOND .......................... 13 Section 6.1 Performance Bond ......................... 13 ARTICLE VII REPORTS....................................13 Section 7.1 Records and Reports; Recycling Operations ........ 13 Section 7.2 Inspection by City ......................... 15 Section 7.3 Maintenance of Financial Records .............. 15 ARTICLE VIII ASSIGNMENT AND SUBCONTRACTING .............. 16 Section 8.1 Assignment and Subcontracting ............... 16 ARTICLE IX BREACH, DEFAULT AND TERMINATION .............. 17 Section 9.1 Breach, Default and Termination ............... 17 C:\My Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 11 July 12, 2000 ARTICLE X INDEMNITY .................................. 18 Section 10.1 Indemnification ........................... 18 Section 10.2 Hazardous Substances and CERCLA Indemnification . 19 Section 10.3 AB 939 Indemnification ..................... 19 ARTICLE XI COMPLIANCE WITH ALL LAWS .................... 20 Section 1 1.1 Compliance with All Laws .................... 20 ARTICLE XII TAXES.....................................21 Section 12.1 Taxes .................................. 21 ARTICLE XIII AUTHORIZED RECYCLING AGENT .................. 21 Section 13.1 Authorization ............................ 21 Section 13.2 Exclusive Contract; Limitation on Responsibility of City 21 ARTICLE XIV SALE OR DISPOSITION OF RECYCLABLE MATERIALS .... 22 Section 14.1 Sale or Disposition of Recyclable Materials......... 22 ARTICLE XV COMPENSATION TO CONTRACTOR ................. 22 Section 15.1 Compensation ........................... 22 Section 15.2 Collection of Recyclable Materials for Commercial, Industrial or Institutional Waste Generators Participating in Contractor's Recycling Program .............. 23 ARTICLE XVI HOLIDAYS...................................24 Section 16.1 Holidays ................................ 24 ARTICLE XVII OBLIGATIONS OF CITY .......................... 24 Section 17.1 Obligations of City ......................... 24 ARTICLE XVIII GENERAL PROVISIONS .......................... 24 Section 18.1 Definitions .............................. 24 Section 18.2 Right of the City to Make Changes .............. 27 Section 18.3 Contractor's Status ........................ 28 Section 18.4 Force Majeure ............................ 28 Section 18.5 Failure to Perform ......................... 28 Section 18.6 Rights, Remedies and Benefits Cumulative ........ 29 Section 18.7 Waivers ................................ 29 Section 18.8 Approval by City .......................... 29 Section 18.9 Notices ................................. 29 Section 18.10 Arbitration .............................. 30 Section 18.11 Legal Jurisdiction .......................... 30 Section 18.12 Paragraph Headings ........................ 30 Section 18.13 Entire Agreement .......................... 30 Section 18.14 Subcontracting ........................... 31 C:\My Documents\WPDOC$\Cont Waste 2000 Recycl.wpd ii July 12, 2000 Section 18.15 Change of Ownership ....................... 31 Section 18.16 Contractor's Employee Relations ............... 31 Section 18.17 Bankruptcy .............................. 31 Section 18.18 Invalid Provisions .......................... 31 Section 18.19 Waiver of Performance ...................... 32 Section 18.20 Warranty ............................... 32 Section 18.21 Exhibits ................................ 32 Section 18.22 Guaranty by Waste Management, Inc. ........... 32 ARTICLE XIX OTHER OPERATIONAL REQUIREMENTS .............. 32 Section 19.1 Rules and Regulations Governing Recyclable Materials 32 Section 19.2 Air Quality; Alternative Fuel Vehicles ............ 32 Section 19.3 Cooperation with Subsequent Providers .......... 33 Section 19.4 Indemnification Regarding Lawsuits Challenging This Agreement .............................. 33 GUARANTY................................................1 EXHIBITS A SCOPE OF SERVICES ................................... A-1 B FEES .................... B-1 C RESOLUTIONS OF THE CITY COUNCIL APPROVING THE AGREEMENT . C-1 C:\My Documents\WPDOCS\Copt Waste 2000 Recycl.wpd 1V July 12, 2000 THE CITY OF LA QUINTA AMENDED AND RESTATED AGREEMENT FOR THE COLLECTION AND RECYCLING OF RECYCLABLE MATERIALS THIS AMENDED AND RESTATED AGREEMENT is made and entered into as of the /L day of I(/T, 2000, by and between the CITY OF LA QUINTA, a municipal corporation (hereinafter referred to as the "City") and WASTE MANAGEMENT OF CALIFORNIA, INC., a California corporation doing business as Waste Management of the Desert (hereinafter referred to as "Contractor"). ARTICLE I TERM Section 1.1 Term The Term of this Amended and Restated Agreement shall commence -Jl/) y- s -,,2O06 and shall end July 30, R000 , unless earlier terminated as provided herein. ARTICLE II SCOPE OF WORK Section 2.1 Recyclable Materials Contractor shall collect and process Recyclable Materials from all participating Residential, Commercial, Industrial and Institutional Premises located within and under the jurisdiction of the City, in accordance with the requirements set forth in this Agreement. The work to be done by Contractor includes the furnishing of all labor, supervision, equipment, materials, supplies and all other items necessary to perform the services required, including all finances and monies required for performance of the obligations of this Agreement and for financing, working capital and all other operating costs of every kind and description. The enumeration of, and specification of requirements for, particular items of labor or equipment shall not relieve the Contractor of the duty to furnish all others that may be required, whether enumerated or not. The work to be done by Contractor shall be performed in conformance with Exhibit A and in a thorough, workmanlike and efficient manner to the reasonable satisfaction of the City, so that residents, businesses and institutions within the City are provided reliable, courteous and high quality recycling services at all times. CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 1 July 11, 2000 Section 2.2 Household Hazardous Wastes A. General Contractor shall be responsible to act as an agent for City to arrange for household hazardous waste in the circumstances and to the extent provided in Section 2.4, Hazardous Waste Obligations of Contractor, of the Agreement for the collection Transportation and Disposal of Municipal Solid Waste of even date herewith, which Section 2.4 is incorporated herein by reference. B. Additional Obligations 1. Used Motor Oil and Filter Recycling. Waste Management of the Desert will collect and recycle all used motor oil and oil filters from residential properties. This service will be provided on customers' regular trash day at no additional charge. Customers simply place their used filter(s) and oil at the curb for pick-up. Used oil will be placed in clean plastic containers with a lid. The route driver will collect the oil and filters on the same day as the trash collection. Oil filters will be placed inside ziplock baggies. The filters will be drained and placed in the bag at the curb. Waste Management of the Desert will begin researching grant funds immediately to provide customers special containers for disposal of oil and filters curbside. 2. Publicity for Used Motor Oil Recycling. Contractor shall publicize the curbside collection of used motor oil from Residential Premises and the collection program available at the Recycle America buy-back center where used motor oil shall be redeemed for value, through various techniques, including but not limited to: with bill; a. Notice on customer's bill or an insert stuffed in envelope b. Press releases and public service announcements; C. Paid advertising, except billboard displays; d. Submitting article for inclusion in City's newsletter; e. Posting of notices in public areas of Contractor's facilities, such as Recycle America buy-back center; f. Distribution of informational flyers to general public at appropriate events and through the mail upon request; and CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 2 July 11, 2000 g. Other methods as specified in Section 4.4 of this Agreement. 3. ABOP Center. Waste Management of the Desert will submit an application for grant funding for an ABOP Center by August 30, 2001 The Center will be housed at Waste Management of the Desert's yard in Palm Desert. The grant application may be submitted on behalf of the other cities and municipalities served by Waste Management of the Desert. 4. Special Events. Contractor shall cooperate in publicizing or otherwise appropriately participating in regional used motor oil collection or promotional events. Contractor's participation may include hosting a table and distributing educational materials, paying for advertising, or otherwise participating in the events. Section 2.3 Advisory Obligations of Contractor Contractor shall provide, at no cost, supportive services to City, Residential, Commercial, Industrial and Institutional Premises occupied by Waste Generators and potential Waste Generators or their agents by providing the following: A. General consultative services on matters related to waste prevention, recycling and composting. B. Technical assistance services, such as the review of site plans, detailed drawings of enclosures for recycling bins or dumpsters and estimated volume and character of Recyclable Materials expected to be generated and/or recovered on a case -by -case basis, as may be required by the Municipal Code or conditions of approval for issuance of a development plan permit. Field trips to review subject property may be required to fulfill Contractor's obligation. C. Attendance of qualified knowledgeable employees at meetings of the City Council, City Planning Commissions, City staff, the Coachella Valley Association of Governments, the Local Task Force, etc. Such attendance shall be coordinated by both parties to this Agreement. Section 2.4 Recycling_ Programs at Special Events From time to time, the City may require applicants for permits for special events , to implement a recycling program to divert MSW generated at the event from the landfill. Special events occurring in the City on a regular basis include the tennis and golf tournaments, conferences, conventions, art shows, concerts and cultural events. At the request of City, Contractor shall assist the special event coordinator(s) in designing and implementing a recycling program for their special event. Reimbursement to Contractor shall be agreed upon by City and the permit applicant prior to Contractor commencing work on design and implementation of said special event recycling programs. CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 3 July 11, 2000 Section 2.5 Funds Held in Trust for City In the event that Contractor receives funds, on behalf of City, from ratepayers, the Department of Conservation, the Integrated Waste Management Board, or any other entity, Contractor shall hold said funds in trust for City, indicating on the trust account that City is the owner of said funds and the purpose for which the funds were received. Contractor shall notify City of receipt of such funds within thirty (30) days of receipt. Contractor shall provide City with a quarterly financial status report of the tenth (10th) day of April, July, October and January of each year. The status report shall contain the following information: (1) last balance forward in the account(s), (2) additional revenue received, by source(s), (3) expenditures made (if any) including type, amount and recipient of funds, and (4) ending balance in the account(s). Contractor shall not expend funds in this trust account without prior written approval by the City. ARTICLE III EQUIPMENT AND PERSONNEL Section 3.1 Collection Vehicles Contractor shall furnish sufficient vehicles to maintain a regular schedule of collection. All equipment shall comply with each and all of the applicable provisions of the laws of the State of California and all ordinances, rules and regulations of the City having reference to such matters, features or services. All equipment used within the City shall be maintained in a satisfactory and proper mechanical condition and shall be neat and clean in appearance. Trucks shall be loaded and operated in such a manner that no Recyclable Material shall be spilled in streets or alleys. Should any Recyclable Material be spilled on any street, alley or elsewhere, it shall immediately be cleaned up. A broom, shovel and oil absorbent material shall be carried on each truck at all times for this purpose. If not so cleaned up by the Contractor, the City may clean up same and in such event Contractor shall pay upon demand one hundred fifty percent (150%) of the costs thereof. All collection vehicles will be painted uniformly. The Contractor's name and telephone number shall be shown on each side of each truck in letters at least three (3) inches high. All vehicles and equipment used in the collection of Recyclable Materials, if kept within the boundaries of the City, shall at all times when not in use be kept on private property of appropriate zone and not on streets or other public ways. CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 4 July 11, 2000 Bodies of trucks shall be metal and shall be so constructed that no Recyclable Materials shall be spilled from said trucks on the streets or alleys. Collection vehicles shall be washed thoroughly on the inside daily and sanitized with a suitable disinfectant at least weekly. In addition, the Contractor shall provide two-way radio communication between the route supervisor and all vehicles. Section 3.2 Containers A. Recycling Containers. The parties acknowledge that Contractor has distributed recycling containers to participating Waste Generators as follows: 1. Residential (Curbside): Three rigid plastic, stackable crates to each participating residence one to be used for glass and plastic bottles, one for metal cans, and one for newspaper. 2. Residential (Multi -Unit or Centralized Recycling): At least one recycling bin or dumpster, specifically designed to reduce theft and material contamination, to each multi -family residential development or development with centralized recycling. 3. Commercial. Industrial or Institutional: At least one bin or dumpster for each type of Recyclable Material generated for each Premises whose owner/occupant has elected to participate, the size of each bin coordinated with the amount of Recyclable Materials generated, and the storage space available. The containers and bins are and will remain the property of Contractor, who is responsible for maintaining them in proper condition. B. Recycling Containers Replacement. Contractor shall continue the current three box system for recycling which shall include a box for newspapers, cans and all other recyclable material including glass, plastic, metals, aerosol can, supermix, telephone books, and cardboard to the residential curbside collection program. Contractor shall promptly replace lost, stolen or damaged stacking crates, box sets, and recycling bins and dumpsters upon notification by residents, businesses, institutions or the City, at no additional charge to City, the resident, institutional or business. C. New Wheeled Carts. At the residents request, Contractor shall provide, at its sole expense, up to 100 metal wheeled carts for use by City residents in moving their three stacking recycling crates or their boxes to and from the curb on recycling collection day. Contractor shall describe the availability of the wheeled carts in public education materials prepared in accordance with Section 4.4 of this Agreement. CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 5 July 11, 2000 Residents may either pick up a wheeled cart at Contractor's offices during normal business hours or telephone Contractor's office and request delivery of a wheeled cart. Contractor shall deliver wheeled carts on a once per month basis to all residents that requested a cart during the prior month. Contractor shall make a monthly report to City on the number of wheeled carts requested by, and delivered to, City residents, together with a list of the last name and address of each resident receiving a cart. D. Commingled Recyclables. On or before December 31, 2001, Contractor shall implement a City-wide automated commingled recycling collection program. The commingled recycling collection services shall be provided pursuant to Exhibit "A" - Scope of Services. Section 3.3 Employees Contractor shall furnish such competent and qualified drivers, mechanical, supervisory, clerical or other personnel as may be necessary to provide the services required by this Agreement in a safe and efficient manner and to serve the public in a courteous, helpful and impartial manner. All of Contractor's employees, while collecting Recyclable Materials, shall be required to wear a uniform type of clothing approved by the City. Said uniform shall look freshly cleaned and pressed. Each employee shall at all times carry a valid operator's license for the type of vehicle he or she is driving. Each employee shall, at all times he/she is on duty, carry employment identification which shall be presented to City staff, customers, security guards and law enforcement officers upon request. Section 3.4 Recycling Coordinator Contractor shall provide one full time employee dedicated to planning, promoting, and implementing new and existing recycling and source reduction programs in the Coachella Valley. The Coordinator's time shall be directed toward activities agreed to by the cities with which Contractor holds recycling collection contracts or franchises in the Coachella Valley. Examples of programs which may be planned, publicized and implemented by the Coordinator include school recycling and education programs, expanded curbside recycling programs, holiday greenery programs, etc. ARTICLE IV SUPERVISION Section 4.1 Authority of City The City or the City's agent shall have the right, but not the duty, to inspect at any reasonable time the contractor's operations, equipment and performance of the CANly Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 6 July 11, 2000 services required by this Agreement to determine whether the Contractor is performing in compliance with the Agreement, the laws of the State of California, City ordinances, and the laws and regulations of any other governmental agency. Contractor shall fully cooperate with the City in such inspections. Except when in the City's sole determination an emergency exists, any inspection pursuant to this section shall require a minimum of twenty-four (24) hours notice prior to the inspection. Section 4.2 Public/Customer Service and Accessibility A.Office: Contractor shall maintain a business office within a ten (10) mile distance from the intersection of Highway 1 1 1 and Washington for purposes of carrying out its obligations under this Agreement. B. Office Hours: Contractor's office shall be open to the public from 8 a.m. to 5 p.m. Monday through Friday, except for holidays. C. Availability of Local Representative: Contractor shall designate one person to serve as its representative to the City on all matters related to recycling. He or she shall be a full-time employee who will serve as local recycling manager, responsible for supervising and coordinating all recycling programs. A knowledgeable representative of the Contractor shall be available during office hours to communicate with 'the City and members of the public in person and by telephone. D. Telephone: Contractor 'shall maintain a telephone system in operation at its office during business hours. Contractor shall arrange for its telephone number to be listed in all telephone directories generally distributed in the City and on all of Contractor's bills and invoices. The telephone shall be on a toll -free exchange for all residents of the City. E. Buy Back Recycling Center: Contractor currently operates a state - certified buy back/drop off recycling center where Recyclable Materials may be dropped off and/or sold by City residents, businesses and institutions. Contractor shall continue to operate the center at a location that is within ten (10) miles from the intersection of Highway 1 1 1 and Washington. Contractor shall operate and maintain the center in a safe, aesthetically pleasing and efficient manner. F. Green Waste Processing Facility: At all times that a fully permitted Green Waste Processing facility is operating in the Coachella Valley and accepting Green Waste From the La Quinta area, Contractor shall: (1) Provide free drop off of Green Waste to La Quinta residents, who show proper identification, at Contractor's Recycle America facility located in Palm Desert. Green Waste dropped off by La Quinta residents shall be transported by Contractor to the Green Waste processing facility, and Contractor shall pay all tipping fees at the facility. CANly Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 7 July 11, 2000 (2) Establish a price that shall be posted at the Contractor's Recycle America facility for which landscapers, commercial, industrial and institutional customers may deliver Green Waste generated in the City to Contractor. Said price shall be based on the cost of handling and transporting the Green Waste to the Green Waste processing facility and paying all tipping fees at said facility. Contractor shall accept all Green Waste delivered by landscapers, commercial, industrial and institutional customers to Contractor's Recycle America facility for the posted price. (3) Provide bins or roll off containers for Green Waste, and Green Waste collection services to commercial, industrial and institutional customers. The fee to be charged for this service shall be the sum of (a) the appropriate Collection Rate then in effect as shown in Exhibit B plus the tipping fee at the Green Waste processing facility. In no event shall the fee charged for providing Green Waste containers and delivery of the collected Green Waste to the Green Waste processing facility exceed the applicable Collection Rate plus the Disposal Charge then in effect. Section 4.3 Complaints Contractor shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all Waste Generator complaints relevant to service and billing. Complaints shall be investigated within twenty-four (24) hours and appropriate action taken. Contractor shall record in a separate log, the form of which is approved by the City, all complaints, noting the name and address of the complainant, the date and nature of the complaint and the date and nature of resolution. The complaint log shall be available for inspection by the City during normal business hours. In addition, Contractor shall submit, by the 15th day of each month, a copy of the complaint log for the preceding month. Section 4.4 Customer Information and Public Education A. Coordination with City. Prior to January 30 of each year of the Term, Contractor and City shall agree on a Customer Information Plan (the "Plan") and budget for each year of operation. The Plan shall include all of the types of materials and information and the time and manner of dissemination for all of the information required pursuant to this Section 4.4. B. Cost. With the exception of brochures and mailers related to commingled recyclables (specified in Exhibit A, Section A5), all customer information brochures and mailers shall be paid by Contractor up to a maximum amount of Twenty Thousand Dollars ($20,000) after which time Contractor and City shall share the cost equally for additional material, production and/or distribution. C. Customer Information Packet. Pursuant to the Plan, Contractor shall provide to City a professionally designed and prepared draft of an information packet that shall describe the curbside recycling program, multi -family recycling C:\My Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 8 July 11, 2000 program, commercial, industrial and institutional recycling program and the used motor oil recycling program. Said information packet shall list and describe new Recyclable Materials being added to the program, including junk mail, magazines, catalogs, telephone books, holiday greenery, aerosol cans and corrugated cardboard, as well as those materials already collected (newspaper, glass, aluminum cans, steel cans, plastic and used motor oil). 1. A letter from the Mayor and City Council urging residents and businesses to participate; 2. A brochure or pamphlet detailing types of containers available, preparation and storage of materials, collection days and times, and other information; and 3. A prominently displayed telephone number to call for assistance or register a complaint. The language of the packet shall be prepared with sensitivity toward the demographic characteristics of the community, including age and educational background. Graphics selected for the packet shall be well -designed and tasteful. City's "Resort to Recycling" logo shall be included as a graphic element on all packet materials. Final printing shall be done using paper with a minimum of fifty percent (50%) post -consumer content. City shall provide Contractor with comments and edits. Once finalized and printed for distribution, Contractor shall distribute, by a method approved in advance by City, the packet to each Residential, Commercial, Industrial and Institutional Premises in the City within forty-five (45) days of Contractor's receipt of City's comments and edits. Contractor shall mail (first class) a packet to the holder of each new account (residential, commercial and roll -off) commencing MSW collection service during the Term. Contract shall inquire by first class mail regarding the desire of any Person re -starting an account as to receipt of the packet. D. Public Education Booklet with Inserts Pursuant to the Plan, Contractor shall develop and have professionally designed and prepared an information booklet with supplemental inserts, suitable for use by the general public, businesses and institutions of the community, on topics including Green Waste and composting; waste prevention; recycling for the home; the "weekender" recycles; recycling at the office; recycling at school; recycling at a retain business; recycling for the holidays (holiday greenery, greeting cards, wrapping paper); recycling appliances; costs to recycle and benefits of recycling; etc. By April 1, 2002, Contractor shall submit a draft to City. City's "Resort to Recycling" logo shall be included as a graphic element on all materials, including inserts. Final printing shall be done using paper with a minimum of fifty percent (50%) post -consumer content. City C:\My Documents\WPDOMCont Waste 2000 Recycl.wpd 9 July 12, 2000 shall provide Contractor with comments and edits. Once finalized, Contractor and City shall agree on the Persons to receive booklets, method of distribution and quantity needed. Within thirty (30) days thereafter, Contractor shall print and distribute the booklets by Contractor. E. Consumer Information and Public Education Activities and Miscellaneous Products 1. Meetings, Presentations, Seminars, Workshops, Etc. Contractor shall ensure the attendance of appropriate employees of Contractor, on an as -needed basis, at meetings, presentations, seminars, workshops, etc. Said employees shall be knowledgeable representatives of Contractor. Such meetings or presentations include those to homeowners' associations, business groups, public or private schools and the like. 2. Special Events and Festivities. Contractor shall participate in community -sponsored events and festivities as deemed appropriate by City and Contractor. Such events include La Quinta Arts Festival, Community Picnic, concerts, public building dedications and the like. Contractor may be a service provider and/or an active participant in the event by hosting a table and providing informational and educational materials. 3. Tours of Contractor's Facilities. Contractor.shall, on an occasional basis and by advance appointment, conduct tours of Recycle America and other adjacent facilities, without charge to either City or visitors. Such tours shall be subject to the regulation and convenience of Contractor. 4. City Hall "Resort to Recycling" Event. Contractor shall, at request of City, assist City in planning for the organizing an annual event for City Hall employees to provide reinforcement for the City's recycling efforts at public facilities. Contractor's obligations may include, but are not limited to, attending organizational and planning meetings, making telephone calls, ordering supplies, reproducing handouts, arranging activities with local vendors, preparing press releases and attending the annual event to interact with City Hall employees. 5. Community Resource. Contractor may, from time to time, be contacted by members of the general public, residents, representatives or agents of businesses, industries or institutions, private or public schools, homeowners' associations, business organizations and the like, with requests for information or assistance. Contractor shall treat such requests with courtesy, responding as fully and completely as possible, including following up by mailing (first class) written materials. C:\My Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 10 July 12, 2000 F. Public Education and Outreach Efforts on Behalf of Multiple Jurisdictions City reserves the right to participate in a coordinated effort by those other jurisdictions utilizing the services of Contractor, either by contract or franchise, in order to produce a more effective public education and outreach campaign through a planned and focused approach. G. City's Right to Review and Approve All informational and educational materials to be distributed to the general public or customers of Contractor, developed pursuant to this Agreement or otherwise, including Notices to Customers, shall be subject to review and approval by City prior to distribution by Contractor. ARTICLE V INSURANCE Section 5.1 General Liability Insurance The Contractor shall, at Contractor's sole cost and expense, obtain and maintain in full force and effect for the Term each of the following minimum insurance requirements: A. A comprehensive general liability policy with a minimum limit of not less than five million dollars ($5,000,000) combined single limit for bodily injury and property damage, providing at least all of the following minimum coverages, with any self -insured retention not exceeding one hundred thousand dollars ($100,000) per occurrence: 1 Premises operation; 2. Blanket contractual; and 3. Completed operations. B. A comprehensive automobile liability policy with minimum limit of not less than five million dollars ($5,000,000) combined single limit for bodily injury and property damage, providing coverage for at least any and all leased, owned, hired or non -owned vehicles used by the Contractor in fulfilling the terms of this Agreement, with any self -insured retention not exceeding one hundred thousand dollars ($100,000). Any and all mobile equipment which is not covered under this comprehensive automobile policy shall have said coverage provided for under the comprehensive general liability policy. CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 11 July 11, 2000 C. Each of the following endorsements shall be made a part of the above required policies as stipulated below: 1. "The City of La Quinta, its employees, officers, agents and contractors are hereby added as additionally insured." 2. "This policy shall be considered primary insurance as respects any other valid and collectable insurance the City of La Quinta may have, and any other insurance the City does possess shall be considered excess insurance only." 3. "The insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company." 4. "Thirty (30) days prior written notice shall be given to the City of La Quinta in the event of cancellation, reduction in coverage, or non -renewal of this policy for whatever reason. Such notice shall be sent to: City Manager, City of La Quinta, P. O. Box 1504. 78-495 Calle Tampico, La Quinta, California 92253." Section 5.2 Worker's Compensation and Employer's Liability Insurance The Contractor shall, at Contractor's sole cost and expense, obtain and maintain in full force and effect for the Term a Worker's Compensation and Employer's Liability policy written in accordance with the laws of the State of California and providing coverage for any and all employees of Contractor. This policy shall provide for: A. Coverage for worker's compensation (Coverage A). B. Coverage for one hundred thousand dollars ($100,000) employer's liability. C. An excess umbrella liability policy with a minimum of not less than five million dollars ($5,000,000) per occurrence. Section 5.3 Notice to City. Evidence of Insurance Concurrently with executing this Agreement, the Contractor shall furnish the City certificates of each policy of insurance required herein in form and substance satisfactory to the City. Such certificates shall show the type and amount of coverage, effective dates, and dates of expiration of policies, and shall have all required endorsements attached. Renewal certificates shall be furnished periodically to the City to demonstrate maintenance of the required coverages throughout the Term. CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 12 . July 11, 2000 Any insurance company providing insurance or any surety providing a bond hereunder shall be an admitted insurer/surety in the State of California with a Best rating of at least "A", Class VIII or larger. No change in these requirements may be made without the prior written approval of the City, which it is under no obligation to provide. If the Contractor fails to maintain any insurance required by this Agreement, the City may procure and maintain, at the Contractor's expense, such insurance as it may deem appropriate. ARTICLE VI PERFORMANCE BOND Section 6.1 Performance Bond The Contractor shall, at Contractor's sole cost and expense, concurrently with the execution of this Agreement, provide the City with a performance bond issued by a company and in a form satisfactory to the City, in the amount of one million dollars ($1,000,000). The performance bond shall indemnify the City against any losses or expenses sustained in the event of the default or failure of the Contractor to perform in accordance with the terms of this Agreement. Any surety providing a bond hereunder shall be an admitted surety in the State of California with a Best rating of at least "A", Class VIII or larger, unless a change in these requirements has been approved by the City in advance and in writing pursuant to Section 5.3. ARTICLE VII REPORTS Section 7.1 Records and Reports: Recycling Operations Contractor shall file with the City written reports of Contractor's performance. Contractor shall submit to the City the following reports, on forms approved by the City, during the term of this Agreement. 1. Monthly Project Reports. Within fifteen (15) working days after the last day of each month, Contractor shall submit a monthly project report to include at least all of the following: a. Summaries of tonnages of, and total value received for, all Recyclable Materials collected and received at buy-back center, by material. CAMy Documents\WPDOCS\Copt Waste 2000 Recycl.wpd 13 July 11, 2000 b. Summaries of tonnages of all Recyclable Materials sold, by material. C. Market prices for all Recyclable Materials collected from curbside and sold by Contractor. The weight receipts and sales receipts shall be available for inspection by the City or the City's agent upon request. d. Resident participation rates, by route, in terms of weekly set -out counts (1, 2, or all 3 crates constitutes one set -out). e. A summary of missed pickups and crate or box replacement, by route, an explanation of noteworthy experiences, and a summary of telephone calls received by category, including inquiries about the program, missed pickups, and container replacement. f. Presentations or contacts made during the prior month to homeowner associations. g. Cost breakdown ("Income Statements" and "Recycling Expenses") in the form currently used or as they may be modified by City for operation of the curbside recycling program for the prior month. 2. Yearly Project Status Reports. Within sixty (60) working days from the end of each calendar year, Contractor shall submit a yearly project status report to include at least all of the following: a. Summary of all revenues and tonnages recovered by material, and participation rates. b. Overall assessment of operational performance during the year. C. Detailed data to allow analysis of collection and processing equipment handling capabilities. d. Discussion of problems and noteworthy experiences in program operation. 3. Reports. All reports for curbside, multifamily, commercial recycling, as well as other programs mutually agreed on by both parties, shall be sent to: City Manager City of La Quinta P. O. Box 1594 78-495 Calle Tampico La Quinta, CA 92253 CAMy Documents\WPDOCS\Copt Waste 2000 Recycl.wpd 14 July 11, 2000 Section 7.2 Inspection by City The City or City's agent shall have the right, but not the obligation, to observe and inspect all of the Contractor's operations involved in providing services under this Agreement. In connection therewith, the City shall have the right to enter any of Contractor's facilities, speak to any of Contractor's employees and receive a response to any inquiries directed to such employees, and review and make copies of (at City's expense) all of Contractor's operational and business records related to this Agreement. If City so requests, Contractor shall make specified personnel available to accompany City employees on inspections. Except when in the City's sole determination an emergency exists, any inspection pursuant to this section shall require a minimum of twenty-four (24) hours notice prior to the inspection. Section 7.3 Maintenance of Financial Records Within ninety (90) days after the close of each calendar year, Contractor shall deliver to the City, as a supplemental report to its audited financial statement submitted pursuant to and under the same terms as Section 7.3 of the Solid Waste Collection and Disposal Agreement, a report showing the following information about the recycling operations conducted pursuant to this Agreement: (a) costs directly attributable to performance of residential curbside, commercial, industrial and institutional recycling operation sunder this Agreement; (b) costs allocated between Contractor's operations under the Solid Waste Collection and Disposal Agreement and this Agreement and the bases for such allocations; (c) the quantity, in Tons, of Recyclable Materials sold during the calendar year by type and grade of material and the total revenue received from such sales; (d) the amount, in Tons, of Recyclable Materials given away without charge to third parties for reuse or for which a disposition cost or landfill tipping fee was paid, and the total amount, if any, paid out; (e) list of businesses, industries and institutions that participate in recycling programs and the types of materials each recycles. The supplemental report shall be prepared by Contractor and shall be accompanied by the opinion of the certified public accountant to the effect that the information in the report has been subjected to the auditing procedures applied in the audit of Contractor's basic financial statements and in its opinion is fairly stated in all material respects. C:\My Documents\WPDOCS\font Waste 2000 Recycl.wpd 15 July 11, 2000 ARTICLE VIII ASSIGNMENT AND SUBCONTRACTING Section 8.1 Assignment and Subcontracting Except as may be provided for in Article IX (Breach, Default and Termination), neither party shall assign its rights, nor delegate, subcontract or otherwise transfer its obligation under this Agreement to any other Person without the prior written consent of the other party. Any such assignment made without the consent of the other party shall be void and the attempted assignment shall constitute a material breach of this Agreement. For purposes of this Section when used in reference to Contractor, "assignment" shall include, but not be limited to (i) a sale, exchange or other transfer of substantially all of Contractor's assets dedicated to service under this Agreement to a third party; (ii) a sale, exchange or other transfer of outstanding common stock of Contractor to a third party provided said sale, exchange or transfer may result in a change of control of Contractor; (iii) any dissolution, reorganization, consolidation, merger, re- capitalization, stock issuance or reissuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction to which results in a change of Ownership or control of Contractor; (iv) any assignment by operation of law, including insolvency or bankruptcy, making assignment for the benefit of creditors, writ of attachment for an execution being levied against this Agreement, appointment of a receiver taking possession of Contractor's property, or transfer occurring in the event of a probate proceeding; and (v) any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of Ownership, or change of control of Contractor. Contractor acknowledges that this Agreement involved rendering a vital service to City's residents and businesses, and that City has selected Contractor to perform the services specified herein based on (1) Contractor's experience, skill and reputation for conducting its Solid Waste Management operations in a safe, effective and responsible fashion, at all times in keeping with applicable Environmental Laws, regulations and best Solid Waste management practices, and (2) Contractor's's financial resources to maintain the required equipment and to support its indemnity obligations to City under this Agreement. City has relied on each of these factors, among others, in choosing Contractor to perform the services to be rendered by Contractor under this Agreement. If Contractor requests City's consideration of an consent to an assignment, City may deny or approve such request in its complete discretion. No request by Contractor for consent to an assignment need be considered by City unless and until Contractor has met the following requirements: CAMy Documents\WPDOCS\Copt Waste 2000 Recycl.wpd 16 July 12, 2000 A. Contractor shall undertake to pay City its reasonable expenses for attorney fees and investigation costs necessary to investigate the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such assignment; B. Contractor shall furnish City with audited financial statements of the proposed assignee's operations for the immediate preceding three (3) operating years; C. Contractor shall furnish City with satisfactory proof: (i) that the proposed assignee has at least ten (10) years of Solid Waste Management experience on a scale equal to or exceeding the sale of operations conducted by Contractor under this Agreement; (ii) that in the last five (5) years, the proposed assignee has not suffered any significant citations or other censure from any federal, state or local agency having jurisdiction over its Solid Waste management operations due to any significant failure to comply with state, federal or local Environmental Laws and that the assignee has provided City with a complete list of such citations and censures; (iii) that the proposed assignee has at all times conducted its operations in an environmentally safe and conscientious fashion; (iv) that the proposed assignee conducts its Solid Waste management practices in accordance with sound Solid Waste Management practices in full compliance with all federal, state and local laws regulating the collection and Disposal of Solid Waste including Hazardous Substances; and, (v) of any other information required by City to ensure the proposed assignee can fulfill the Terms of this Agreement in a timely, safe and effective manner. Under no circumstances shall City be obligated to consider any proposed assignment by City if Contractor is in default at any time during the period of consideration. ARTICLE IX BREACH, DEFAULT AND TERMINATION Section 9.1 Breach. Default and Termination Breach of any of the terms of this Agreement (or of the Agreement for Collection and Disposal of Municipal Solid Waste entered into between the parties of even date herewith) shall constitute a default under this Agreement. If the Contractor does not cure the default within ten (10) days after notice thereof has been issued by the City, the City may terminate the Agreement as provided in Section 18.5. Upon termination of this Agreement, the City shall be at liberty to undertake directly the performance of the work or engage other parties to do so. Termination of this Agreement, as herein provided, shall not terminate, suspend or affect the liability of the Contractor or impair any other remedy for breach of this Agreement the City may have. Upon termination of this Agreement, the City shall have the right to acquire the Contractor's trucks and equipment, paying reasonable value therefor. CAMy Documents\WPDOCS\font Waste 2000 Recycl.wpd 17 July 11, 2000 ARTICLE X INDEMNITY Section 10.1 Indemnification Contractor hereby agrees to and shall indemnify and hold harmless City, its elected and appointed officials, commissions, officers, employees, and agents (collectively, indemnities) from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in law or equity of any and every kind and description (including, but not limited to injury to and death of any Person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from and in any way connected with (1) the negligence or willful misconduct of Contractor, its officers, employees, agents, contractors and/or subcontractors in performing services under this Agreement; (2) the failure of Contractor, its officers, employees, agents, contractors and/or subcontractors to comply in all respects with the provisions of this Agreement, applicable laws (including, without limitation, the Environmental Laws), ordinances and regulations, and/or applicable permits and licenses; (3) the acts of Contractor, its officers, employees, agents, contractor and/or subcontractors in performing services under this Agreement for which strict liability is imposed by law (including, without limitation, the Environmental Laws); (4) claims against City relating to the property tax levy for refuse collection, including but not limited to claims for refunds; and (5) any claim that the City has violated state or federal law in granting the franchise or in the City's performances under the Agreement. The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of the indemnities' negligence, but shall not extend to matters resulting from the indemnities' sole or active negligence, willful misconduct of breach of this Agreement. Contractor's duty to indemnify and defend from the aforementioned events arising during the Term of the Agreement and as it may be extended shall survive the expiration or earlier termination of this Agreement. Upon the occurrence of any Claim, Contractor, at Contractor's sole cost and expense, shall defend, with counsel approved by City, the City, its officers, employees, agents, assigns, and volunteers provided, however, that in the event the named parties to any such Claim (including any impleaded parties) include both the Contractor and the City, and if the City has one or more legal defenses available to it which are in direct conflict with the best interests of the Contractor and which therefor preclude the same counsel from representing the City and Contractor jointly, then the City shall have the right to select separate counsel, with the consent of Contractor which will not be withheld unreasonably, at the sole cost and expense of Contractor to pursue such legal defenses and to otherwise participate in the defense of such action on behalf of the City to the extent that joint representation of the City and Contractor is C:\My Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 18 July 11, 2000 not permissible because of conflicts of interest between the City and Contractor. Contractor's duty to indemnify and defend shall survive the expiration or earlier termination of this Agreement. Section 10.2 Hazardous Substances Indemnification Contractor shall indemnify, defend with counsel reasonably acceptable to City, protect and hold harmless City, its elected and appointed officials, commissions, officers, employees, and agents (collectively, indemnities) from and against all claims, damages (including, but not limited to, special, consequential, natural resources and punitive damages), injuries, costs (including without limit any and all response, remediation and removal costs), losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, attorney's fees for the adverse party and expenses (including without limit attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity), (collectively, "Damages") of any kind whatsoever paid, incurred or suffered by, or asserted against, indemnities arising from or attributable to the acts or omissions of Contractor, its officers, directors, employees, companies or agents, whether or not negligent or otherwise culpable, in connection with or related to the performance of this Agreement, including without limit Damages arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Substance, Hazardous Waste, and/or House Hazardous Waste (Collectively, "Waste") in City at any places where Contractor transports, processes, stores or disposes of City Solid Waste, and/or construction and street debris, or other Solid Waste. The foregoing indemnity is intended to operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, CERCLA, 42 USC. §96O7(e) and California Health and Safety Code §25364, to defend, protect, hold harmless, and indemnify City from liability. This provision is in addition to all other provisions in this Agreement and shall survive the end of the term of this Agreement. The foregoing applies only to facilities owned or operated by Contractor or its Affiliates or any facility that Contractor selects for Disposal of Solid Waste Collected pursuant to this Agreement. Section 10.3 AB 939 Indemnification A. Contractor agrees to defend, with counsel approved by City, indemnify and hold harmless the City against all fines and/or penalties imposed by the California Integrated Waste Management Board ("Board"), if Contractor fails or refuses to provide information relating to its operations which is required under this Agreement and such failure or refusal prevents or delays City from submitting reports required by the Act (AB 939) in a timely manner. B. In addition, Contractor agrees, at its sole cost and expense, to: CAMy Documents\WPDOCS\Copt Waste 2000 Recycl.wpd 19 July 11, 2000 1. assist City in responding to inquiries from the Board; 2. assist City in preparing for, and participating in, the Board's biannual review of the City's source reduction and recycling element pursuant to Public Resources Code Section 41825; 3. assist City in applying for an extension under Public Resources Code Section 41820, if so directed by City; 4. assist City in any hearing conducted by the Board which may culminate in issuance of a compliance Order held under Public Resources Code Section 41825; 5. defend, with counsel accepted by City, the City against the imposition of administrative civil penalties by the Board pursuant to Public Resources Code Section 41850; 6. indemnify and hold harmless the City against any such penalties which are levied by the Board except if the failure to attain the diversion requirements of the Act is due to (a) reduction or elimination of recycling programs provided for in this Agreement ordered by City under Section 18.2 (b), actions or omissions of a successor contractor so long as City is attaining the diversion requirement, or (c) City's failure to comply with applicable laws or to implement programs or take other actions reasonably necessary to attain the diversion requirements of the Act, which have been recommended and substantiated by Contractor in writing. ARTICLE XI COMPLIANCE WITH ALL LAWS Section 1 1.1 . Compliance with All Laws Contractor agrees to conform to and abide by all of the rules, regulations and ordinances of the City, and all laws of the State of California or the federal government, governing the collection and hauling of Recyclable Materials. Contractor shall cooperate with the City to facilitate its compliance with laws dealing with the minimization of waste generation and disposal, including maintenance of records and preparation of reports. Contractor agrees to conform to and abide by all the valid rules, regulations and ordinances of any governmental entity through which Recyclable Materials may be hauled governing the collection and hauling of Recyclable Materials. C:\My Documents\WPDOCS\Copt Waste 2000 Recycl.wpd 20 July 11, 2000 ARTICLE XII TAXES Section 12.1 Taxes The Contractor shall pay all federal, state and local taxes, including sales taxes, social security taxes, etc., which may be chargeable against the labor, material, equipment or other items necessary in the performance of this contract. ARTICLE XIII AUTHORIZED RECYCLING AGENT Section 13.1 Authorization It is the intent of the City through this Agreement to appoint Contractor as its authorized recycling agent pursuant to Public Resources Code Section 40105. As such, Contractor is entitled to prosecute actions for damages or civil penalties pursuant to Public Resources Code Section 41953, for unauthorized removal of Recyclable Materials placed for collection in the residential curbside program, in violation of Public Resources Code Section 41950. Section 13.2 Exclusive Contract: Limitation on Responsibility of City A. Residential Premises The City will not, during the Term, enter into a contract with, or grant a permit or license to, any other person for the collection of Recyclable Materials from Residential Premises within the City, the City having concluded that the public interest, health and welfare are best served by centralized responsibility for such recycling with the company granted the exclusive franchise to collect and dispose of Municipal Solid Waste. The City shall cooperate with Contractor in legal actions Contractor pursues under Public Resources Code Section 41953 for the unauthorized removal of Recyclable Materials which are its property under Public Resources Code Section 41950(c), provided that such cooperation need not extend to becoming a party in such actions. B. Commercial, Industrial and Institutional Premises The parties recognize that the California Integrated Waste Management Act has been authoritatively interpreted by the California Supreme Court as not providing local government agencies with statutory authority to prohibit the collection C:\My Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 21 July 11, 2000 of Recyclable Materials from Commercial, Industrial or Institutional Premises when the Person collecting such Recyclable Materials either (a) pays the Generator for them, or (b) removes them without any charge, direct or indirect, to the Generator. The Contractor recognizes that City has made no representations and gives no assurances that the City will take any action to discourage or prohibit other Persons from collecting Recyclable Materials from Commercial, Industrial or Institutional Premises, provided they do not receive compensation fro the Waste Generator for doing so. This Agreement does not authorize Contractor to collect Recyclable Materials placed for collection by other Recyclers at Commercial, Industrial or Institutional Premises. Nor does this Agreement limit or modify Contractor's exclusive right to collect Municipal Solid Waste, to the extent such right has been granted by City in the Agreement for Solid Waste Collection, Transportation and Disposal of Municipal Solid Waste. ARTICLE XIV SALE OR DISPOSITION OF RECYCLABLE MATERIALS Section 14.1 Sale or Disposition of Recyclable Materials. Contractor shall transport and deliver the collected Recyclable Materials to a purchaser, a licensed, permitted or certified recycling facility, or a Person who will use the materials in a process or product and who will not landfill the Recyclable Materials. Contractor shall obtain a certificate of purchase or end use, establishing that the materials delivered have in fact been recycled. No Recyclable Materials collected shall be disposed of on land or through Transformation without the prior written consent of the City. All Recyclable Materials collected by Contractor which are saleable shall be sold at fair market value, which shall mean the highest price commonly paid by purchasers of such materials in the Coachella Valley area at the time of sale. ARTICLE XV COMPENSATION TO CONTRACTOR Section 15.1 Compensation As full and complete compensation for all services required by this Agreement, Contractor shall be entitled to: A. Retain all of the revenues received by it from the sale of Recyclable Materials collected from the recycling programs described in Sections C, D and E of Exhibit A. CAMy Documents\WPDOMCont Waste 2000 Recycl.wpd 22 July 11, 2000 B. Retain all of the revenues received by it from the sale of Recyclable Materials collected from the recycling programs described in Sections A and B of Exhibit A, except that any net income attributable to such programs shall be divided equally (i.e., 50% to Contractor and 50% to City). "Net income" for purposes of this Section 15.113 shall be determined annually, on a calendar year basis, and shall be calculated by subtracting from gross revenues earned from the sale of Recyclable Materials the sum of (1) direct operating costs incurred in collecting, handling, processing and transporting residential Recyclable Materials and (2) indirect costs properly attributable to the residential recycling programs under generally accepted accounting principles. The calculation of net income shall be based on Contractor's annual financial statement and the supplemental report provided under Section 7.3 and the City's share shall be tendered concurrently with such statements and reports (i.e., within 90 days after the close of each calendar year). Contractor will submit financial statements and reports for the final six (6) months of the Term (i.e., January 1 through June 30, ) by March 30, together with the City's share of net income for that period, if any. C. Charge Waste Generators at Residential Premises for alternate service (such as walk-in or backyard), with the prior written approval of the City. D. Charge Waste Generators the rates approved by the City for collection of Municipal Solid Waste ("MSW"), except as provided in Section 15.2 of this Agreement, as to Commercial, Industrial or Institutional Premises which participate in the collection of Recyclable Materials with Contractor. No payment to Contractor is required or expected from the City, except for payments due under Sections 2.4 and 3.2.C. Section 15.2 Collection of Recyclable Materials for Commercial, Industrial or Institutional Waste Generators Participating in Contractor's Recycling Program Contractor shall provide recycling of Recyclable Materials to any Commercial, Industrial or Institutional Waste Generator that requests it. Contractor may retain up to one hundred percent (100%) of the revenue received from the sale of such Recyclable Materials, Contractor may charge the Waste Generator for collection of Recyclable Materials up to but not more than one hundred percent 0 00%) of the applicable rate (as set out in Exhibit B) for collection of MSW but not including the Disposal Charge component. C:\My Documents\WPDOCS\Copt Waste 2000 Recycl.wpd 23 July 11, 2000 ARTICLE XVI HOLIDAYS Section 16.1 Holidays Whenever a collection day falls on a holiday following a weekend (i.e., three-day weekend), Contractor shall provide an alternative collection day, either the day before or the day after the three-day weekend. If a holiday occurs mid -week, Contractor shall provide an alternate collection day during that week. ARTICLE XVII OBLIGATIONS OF CITY Section 17.1 Obligations of Citx The City shall reasonably cooperate with the Contractor as may be required to assist the Contractor in performing the services required under this Agreement. ARTICLE XVIII GENERAL PROVISIONS Section 18.1 Definitions 1. Agreement: "Agreement" means this Agreement between the City and Contractor for the Collection and Recycling of Recyclable Materials dated as of including all exhibits and attachments, and any amendments hereto. 2. Act: "Act" means the California Integrated Waste Management Act of 1989, as amended, Public Resources Code Sections 40000, et seq. 3. City: "City" means the City of La Quinta, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the Term. 4. Collection: "Collection" means collection of Recyclable Materials and its transportation to a processing facility. 5. Contractor: "Contractor" means Waste Management of California, Inc., a California corporation. CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 24 July 11, 2000 6. Commercial Premises: "Commercial Premises" means any premises occupied by stores, offices, and other commercial facilities providing goods and services. 7. Delivery: "Delivery" of Recyclable Materials by a Waste Generator shall be deemed to occur when Recyclable Materials are deposited in a receptacle or at a location that is designated for Collection pursuant to the City's Municipal Code, or is otherwise discarded. 8. Environmental Laws: "Environmental Laws" means all federal and state statutes and county and city ordinances concerning public health, safety and environment including, by way of example and not limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 6901 et seq.; the Federal Clean Water Act, 33 U.S.C. Section 1351 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the California Hazardous Waste Control Act, California Health and Safety Code Section 25100 et seq.; the Porter -Cologne Water Quality Control Act, California Water Code Section 13000 et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code Section 25249.5 et seq.; as currently in force or as hereafter amended and all rules and regulations promulgated thereunder. 9. Garbage: "Garbage" means all kitchen and table food waste and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs. 10. Green Waste: "Green Waste" means grass clippings, shrubbery, tree trimmings, and other plant material. 11. Hazardous Waste: "Hazardous Waste" means a waste, or combination of wastes, which because of this quantity, concentration or physical, chemical or infectious characteristics, may do either of the following: (1) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed. Hazardous waste, extremely hazardous waste or acutely hazardous waste in California Health and Safety Code Sections 251 10.02, 25115 and 25117 or in future amendments to or recodifications of such statutes or identified and listed as hazardous waste by the U.S. Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.). 12. Industrial Premises: "Industrial Premises" means premises occupied by manufacturing operations and other industrial facilities. 13. Institutional Premises: "Institutional Premises" means premises occupied by educational, health care, correctional, research and other similar facilities. CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 25 July 11, 2000 14. Municipal Solid Waste: "Municipal Solid Waste" or "MSW" means all discarded putrescible and non-putrescible solid, semi -solid and liquid wastes including Garbage, trash, Refuse, paper, Rubbish, ashes, industrial wastes, Construction and Demolition Wastes, discarded home and industrial appliances, manure, vegetable or animal solid or semi -solid wastes and other discarded substances or materials. MSW does not include (1) Hazardous Waste, (2) low-level radioactive waste regulated under California Health and Safety Code Section 25800 et seq., (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, California Health and Safety Code Section 25015 et seq., or (4) Recyclable Materials which have been Segregated from other Waste Material by the Waste Generator. 15. Officer: "Officer" includes any elected or appointed member of the City Council. 16. Owner: "Owner" means the Person holding legal title to the real property constituting the Premises to which Recyclable Materials collection service is to be provided under this Agreement. 17. Person: "Person" means an individual, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. 18. Premises: "Premises" means any land or building in the City where Recyclable Materials is generated or accumulated. 19. Recyclable Materials: "Recyclable Materials" means materials which are both (a) capable of being Recycled and (b) Segregated From Other Waste Material for collection and Recycling, rather than collection and disposal. 20. Recycle/Recycling: "Recycle" and "Recycling" mean the process of collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become Municipal Solid Waste and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards to be used in the marketplace. 21. Refuse: "Refuse" includes Garbage and Rubbish. 22. Residential Premises: "Residential Premises" means single family homes, townhouses, multi -unit buildings such as apartments and condominiums, and mobile home parks. 23. Rubbish: "Rubbish" means non-putrescible Solid Wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, and rubber by-products. CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 26 July 11, 2000 24. Segregated From Other Waste Material: "Segregated From Other Waste Material" means (1) the placement of Recyclable Materials in separate containers by the Waste Generator, (2) the binding of Recyclable Materials separately from other waste material by the Waste Generator, (3) the physical separation of Recyclable Materials from other waste material by the Waste Generator. 25. Term: "Term" means the term of this Agreement. 26. Ton: "Ton" means a short ton of 2,000 pounds avoirdupois. 27. Waste Generator: "Waste Generator" means the Owner or occupant of Premises which initially produce Recyclable Materials. Section 18.2 Right of the City to Make Changes The City may, without amending this Agreement, direct Contractor to cease performing one or more types of service described in Article II, may direct Contractor to modify the scope of one or more such services, may direct Contractor to perform additional Recyclable Materials collecting and processing services, or may otherwise direct Contractor to modify its performance under any other section of this Agreement. Contractor shall promptly and cooperatively comply with such direction. If such changes cause an increase or decrease in the cost of performing the services, an equitable adjustment in the compensation due Contractor shall be made. Contractor will continue to perform the new or changed service while the appropriate adjustment in compensation is being determined. If the City has directed a change in the scope of work under this Section and either party believes that such change will increase or decrease the costs of providing service, the party which believes Contractor's compensation should be adjusted shall within thirty (30) calendar days submit to the other party a proposed adjustment and the parties shall thereafter meet and discuss the matter. Contractor shall promptly provide all relevant schedules, supporting documentation and other financial information requested by the City to evaluate the necessity for an adjustment and the amount thereof. Within ninety (90) days of the submission of the proposed adjustment, the City will determine the amount of the adjustment, if any, and shall thereafter adjust Contractor's compensation accordingly. Any adjustments will be made effective as of the first day of the following fiscal year and will reflect the incremental cost or saving from the date the change became effective until the date of the rate increase. CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 27 July 11, 2000 Section 18.3 Contractor's Status Contractor is and at all times shall be an independent contractor and nothing contained herein shall be construed as (1) making Contractor, or any person employed or engaged by Contractor, an agent or employee of the City, (2) creating a joint venture or partnership between the City and Contractor, or (3) authorizing Contractor to create or assume any obligation or liability for or on behalf of the City. Section 18.4 Force Majeure Either party to the Agreement is excused from default of performance because of conditions not the fault of and beyond its control, such as war, strikes, riots, civil insurrections and acts of God. In the event of strikes, Contractor shall provide alternative means of collecting and processing Recyclable Materials, subject to prior approval of City. Section 18.5 Failure to Perform If the Contractor is in default as provided in Article IX, or fails to collect materials herein specified for a period in excess of five (5) consecutive scheduled working days, or in the sole judgment of the City fails to operate the system in a satisfactory manner for a similar period, the City may: A. Notify the Contractor of the default and set a hearing to consider termination as provided in Article I, or notify the Contractor by certified mail that the Contractor has failed to perform waste disposal services for a period of five (5) consecutive, scheduled working days, and the City's intent to take over as hereinafter set out and operate such services using Contractor's equipment. Said notification shall state the date and time that the City intends to terminate the Agreement; or B. Use and operate Contractor's equipment itself until such matter is resolved and the Contractor is again able to carry out its operation under this Agreement. Any and all operating expenses incurred by the City in so doing shall be paid to the City by the Contractor within thirty (30) days of billing. If not so paid, it shall accrue interest and be an additional breach of contract. During such period, the liability of the City to Contractor for loss or damage to such equipment so used shall be that of a bailee for hire, ordinary wear and tear being specifically exempt from such liability and burden of proof regarding negligence being that of Contractor. The liability of Contractor to third person shall cease and all claims or demands arising out of the operation of the collection service shall be directed solely to the City. Provided, however, if Contractor is unable for any cause to resume performance at the end of thirty (30) calendar days, all liability of the City under this Agreement to Contractor shall cease and the City shall be free to negotiate with other contractors CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 28 July 11, 2000 for the operation of said collection service. Such operation with another contractor shall not release Contractor herein of its liability to the City for such breach of this Agreement. C. In case of termination and City operation, the City shall have access to Contractor's records for the purpose of billing, and shall retain all payments and funds received for the period for which the City provides service. The purpose of the Agreement is to facilitate the orderly collection of Recyclable Materials and preserving the general health, safety and welfare of City residents. Accordingly, the City has the right to determine when Contractor has not performed services satisfactorily, thereby constituting a failure to perform. Section 18.6 Rights. Remedies and Benefits Cumulative It is agreed that each and every one of the rights, remedies and benefits provided by this Agreement shall be cumulative, and shall not be exclusive of any other said rights, remedies and benefits, nor of any other rights, remedies and benefits allowed by law. Section 18.7 Waivers One or more waivers of any covenant, agreement or condition of default regarding provisions of this Agreement by either the City or Contractor shall not be construed as a waiver of a further breach of the same covenant, agreement, condition or the right of such party thereafter to enforce each and every provision. Section 18.8 Approval by City Wherever approval by the City is required, it shall mean approval by the City Manager or the City Manager's designee. Section 18.9 Notices Under this Agreement, whenever provision is made for notice of any kind, it shall be deemed sufficient notice, and service thereof if the said notice is in writing and is deposited in the mail in a properly stamped envelope to be delivered by certified mail, addressed as follows: If to the City: Attention: City Manager City of La Quinta Post Office Box 1504 78-495 Calle Tampico La Quinta, CA 92253 CANly Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 29 July 11, 2000 If to the Contractor: Attention: Division President Waste Management of the Desert 41575 Eclectic Street Palm Desert, CA 92261 Changes in the respective addresses to which such notices shall be directed may be made from time to time by either party. Notice of any such change in address shall be directed to the other party in writing by certified mail. Section 18.10 Arbitration Any controversy or claims arising out of or relating to this Agreement, or breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having competent jurisdiction thereof. Such controversy or claim shall be submitted to one arbitrator mutually selected fro the local panel of the American Arbitration Association. Each party shall bear its own costs, including attorneys fees, except that Contractor shall be responsible for paying the costs of the arbitrator. Section 18.11 Legal Jurisdiction This Agreement and the rights of the parties hereunder shall be interpreted under the laws of the State of California. Section 18.12 Paragraph Headings The paragraph headings of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. Section 18.13 Entire Agreement This document contains the entire Agreement of the parties hereto with respect to matters covered hereby, and no other agreement, statement or promise made by any party hereto, or agent of such party, which is not contained herein, shall be binding or valid. No purported modification, amendment or other change in this Agreement shall be valid unless set forth in writing, and signed by both Contractor and the City. CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 30 July 11, 2000 Section 18.14 Subcontracting This Agreement, or any portion thereof, shall not be subcontracted except with the prior written consent of the City. No such consent shall be construed as making the City a party to such subcontract, or subjecting said City to liability of any kind to any subcontractor. Section 18.15 Change of Ownership The City, in entering this Agreement, has placed a special value, faith and confidence upon the experience, background and expertise of Contractor in the field of Recyclable Materials collection, hauling, recycling and marketing. Such faith and confidence being a substantial consideration in the granting of this Agreement, the parties hereto agree therefore that no change of ownership or transfer of stock in the Contractor's business in an amount equal to or grater than ten (10) percent of such ownership or stock shall take place without the prior written consent of the City. Section 18.16 Contractor's Employee Relations Amounts of pay, vacation leave, sick leave, holiday leave, fringe benefits, and other employee -related matters applicable to Contractor's employees shall be wholly within the discretion of Contractor, subject to applicable law. Section 18.17 Bankruptcy If Contractor shall at any time during the term of this Agreement become insolvent, or if proceedings in bankruptcy shall be instituted by or against Contractor, or if Contractor shall be adjudged bankrupt or insolvent by any court, or if a receiver or trustee in bankruptcy or a receiver of any property of Contractor shall be appointed in any suit or proceeding brought by or against Contractor, or if Contractor shall make an assignment for the benefit of creditors, then and in each and every such case, this Agreement and the rights and privileges granted thereby shall immediately cease, determine, and be forfeited and canceled without notice and without suit or other proceeding. Section 18.18 Invalid Provisions The parties agree that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity hereof shall in no way affect any other provision in this Agreement if• the provision does not materially prejudice either Contractor or the City in their respective rights and obligations hereunder and to that extent the provisions of this Agreement are severable. C:\My Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 31 July 11, 2000 Section 18.19 Waiver of Performance The failure of either party to insist in any instance upon a strict performance by the other party of any of the provisions, terms, covenants, reservations, conditions or stipulations contained in the Agreement, shall not be considered a waiver thereof, and the same shall continue and remain in full force and effect. No waiver by the City of any provision term, covenant, reservation, condition or stipulation contained in this Agreement shall be deemed to have been made in any instance unless expressed in the form of a resolution by the City Council. Section 18.20 Warranty The Contractor warrants that it has not employed any officer or employee of the City nor offered any gift, gratuity, contingent fee nor any other thing of value to such officer or employee of the City in order to secure his or her assistance in obtaining this contract. The Contractor agrees that it will not, during the Term, give or offer any thing of value to a City officer or employee, the offer or receipt of which would violate California law. Section 18.21 Exhibits Exhibits A through C attached hereto are incorporated herein by this reference. Section 18.22 Guaranty by Waste Management, Inc. Concurrently with the execution of this Agreement, the Contractor shall furnish a written guaranty of its performance hereunder, in form and substance satisfactory to the City, executed by Waste Management, Inc. ARTICLE XIX OTHER OPERATIONAL REQUIREMENTS Section 19.1 Rules and Regulations Governing Recyclable Materials Contractor shall comply with Chapter 6.5 of the City Municipal Code and any amendments thereto. Section 19.2 Air Quality; Alternative Fuel Vehicles Currently, 50% of Contractor's residential and commercial route trucks are low emission vehicles. Contractor agrees to convert 100% of residential and commercial vehicles to low emission fuel by December 31, 2003. For each day past December 31, 2003 that the Contractor fails to have 100% of the residential and commercial C:\My Documents\WPDOCS\font Waste 2000 Recycl.wpd 32 July 11, 2000 route trucks powered by low emission fuel, the Contractor shall pay the City $50O. For the purpose of this section , low emission fuel vehicles include CNG, electric, LNG, fuel cell or other City -approved low emission vehicles Section 19.3 Cooperation with Subsequent Providers At the expiration of the Term, or in the event of the Agreement's earlier termination under Section 9.1, Contractor, at its own expense, shall cooperate fully with the City to ensure an orderly transition to any and all new service providers. Such cooperation shall include, but not be limited to, providing route maps, route lists and other similar information. Upon expiration, or earlier termination, the City shall have no continuing obligations to Contractor other than those expressly provided for in this Agreement. In connection therewith, Contractor acknowledges that Public Resources Code Section 49520 affords it no rights to notice or continuation of service greater than or different from those provided under this Agreement and agrees to waive whatever rights it may be afforded by Section 49520. Section 19.4 Indemnification Regarding Lawsuits Challenging This Agreement If any lawsuit by any third party is commenced challenging the legality of this Agreement, or challenging the action of the City Council in approving this Agreement, Contractor shall, at its sole cost, and with counsel approved by City, defend, indemnify and hold harmless the City, its officers, employees and agents against such lawsuit(s). If a final judgment of a court of competent jurisdiction determines that this Agreement is illegal or was unlawfully entered into by City, City may elect to terminate this Agreement and in such event Contractor shall have no claim against City for damages of any kind (including but not limited to loss of profits) on any theory. This Agreement, consisting of thirty-four (34) pages, not including Exhibits A, B and C attached hereto, shall be executed in triplicate, of which each executed copy shall have the full force and effect of an original. Date: ATTEST: MRj7 Clerk CITY OF QUINTA ,A CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 33 July 12, 2000 APPROVED AS TO FORM: v M. KATH INE JE roN, City y WASTE MANAGEME T OF CALIFORNIA, INC. / �(3 Date: B Y•• " QioC President Date: '"J�2s i7.•s� By: retary CAMy Documents\WPDOCS\Copt Waste 2000 Recycl.wpd 34 July 11, 2000 Qm,aranty THIS GUARANTY (the "Guaranty") is given as of the 5th day of July, 2000, by WASTE MANAGEMENT, INC., a corporation organized under the laws of the State of Delaware (hereafter "Guarantor"), to the CITY OF LA QUINTA, a municipal corporation (hereafter the "City"). THIS GUARANTY is made with reference to the following facts and circumstances: A. Waste Management of California, Inc. (hereafter "Contractor") is a corporation organized under the laws of the State of California. B. Contractor and the City have negotiated an Agreement for the Collection, Transportation and Disposal of Solid Waste, and Recycling of Recyclable Materials, dated as of July , 2000, (hereafter collectively referred to as the "Agreement"), under which the Contractor is granted the right to and assumes the duty of collecting Solid Waste and certain Recyclable Materials generated within the City and arrangement for their transport, processing, disposal or reuse. A copy of the Agreement is attached hereto and incorporated herein by this reference. C. It is a requirement of the Agreement, and a condition to the City's entering into the Agreement, that Guarantor guaranty Contractor's performance of the Agreement. D. Guarantor is providing this Guaranty to induce the City to enter into the Agreements. NOW, THEREFORE, in consideration of the foregoing, Guarantor agrees as follows: 1. Guaranty of the Agreements. Guarantor hereby irrevocably and unconditionally guarantees to the City to take necessary actions, including, but not limited to the payment of funds, necessary to assure the complete and timely performance, satisfaction and observation by Contractor of each and every term and condition of the Agreement which Contractor is required to perform, satisfy or observe. In the event that Contractor fails to perform, satisfy or observe any of the terms and conditions of the Agreement, Guarantor will promptly and fully cause the performance of the Contractor's obligations, either through an affiliate of Guarantor or a third party satisfactory to the City in its reasonable judgement. Guarantor hereby guarantees payment to the City of any damages, costs or expenses which might become recoverable by the City from Contractor due to its breach of the Agreement. C:\My Documents\WPDOCS\ContWaste2000.wpd 1 July 12, 2000 2. Guarantor's Obligations are Absolute. The obligations of the Guarantor hereunder are direct, immediate, absolute, continuing, unconditional and unlimited, and with respect to any payment obligation of Contractor under the Agreement, shall constitute a guarantee of payment and not of collection. 3. Waivers. The Guarantor shall have no right to terminate this Guaranty or to be released, relieved, exonerated or discharged from its obligations under it for any reason whatsoever, including, without limitation: (1) the insolvency, bankruptcy, reorganization or cessation of existence of the Contractor; (2) any amendment, modification or waiver of any provision of the Agreement; (3) the actual or purported rejection by a trustee in bankruptcy of the Agreement, or any limitation on any claim in bankruptcy resulting from the actual or purported termination of the Agreement; (4) any waiver, extension, release or modification with respect to any of the obligations of the Agreement guaranteed hereunder or the impairment or suspension of any of the City's rights or remedies against Contractor; or (5) any merger or consolidation of the Contractor with any other corporation, or any sale, lease or transfer of any or all the assets of the Contractor. Without limiting the generality of the foregoing, Guarantor hereby waives the rights and benefits under California Civil Code Section 2819. The Guarantor hereby waives any and all benefits and defenses under California Civil Code Sections 2845, 2849 and 2850, including, without limitation, the right to require the City to (a) proceed against Contractor, (b) proceed against or exhaust any security or collateral the City may hold now or hereafter hold, or (c) pursue any other right or remedy for Guarantor's benefit, and agrees that the City may proceed against Guarantor for the obligations guaranteed herein without taking any action against Contractor or any other guarantor or pledgor and without proceeding against or exhausting any security or collateral the City may hold now or hereafter hold. Guarantor hereby waives any right which it may have to reimbursement from Contractor for amounts disbursed by Guarantor and any right of subrogation to the rights of the City against Contractor, including, without limitation, such rights as may be provided under California Civil Code Sections 2847 and 2848. Guarantor agrees that the City may unqualifiedly exercise in its sole discretion any or all rights and remedies available to it against Contractor or any other guarantor or pledgor without impairing the City's rights and remedies in enforcing this Guaranty. The Guarantor hereby expressly waives diligence, presentment, demand for payment or performance, protest and all notices whatsoever, including, but not limited to, notices of non-payment or non-performance, notices of protest, notices of any breach or default, and notices of acceptance of this Guaranty. If all or any portion of the obligations guaranteed hereunder are paid or performed, Guarantor's obligations hereunder shall continue and remain in full force and effect in the event that all or any part of such payment or performance is avoided or recovered directly or indirectly from the City as a preference, fraudulent transfer or otherwise, irrespective of (a) any notice of revocation given by Guarantor or Contractor prior to such avoidance or recovery, and (b) payment in full of any obligations then outstanding. C:\My Documents\WPDOCS\ContWaste2000.wpd 2 July 12, 2000 4. Term. This Guaranty is not limited to any period of time, but shall continue in full force and effect until all of the terms and conditions of the Agreement have been fully performed by Contractor, and Guarantor shall remain fully responsible under this Guaranty without regard to the acceptance by the City of any performance bond or other collateral to assure the performance of Contractor's obligations under the Agreement. Guarantor shall not be released of its obligations hereunder so long as there is any claim by the City against Contractor arising out of the Agreement based on Contractor's failure to perform which has not been settled or discharged. 5. No Waivers. No delay on the part of the City in exercising any rights under this Guaranty or failure to exercise such rights shall operate as a waiver of such rights. No notice to or demand on Guarantor shall be a waiver of any obligation of Guarantor or right to the City to take other or further action without notice or demand. No modification or waiver of any of the provisions of this Guaranty shall be effective unless it is in writing and signed by the City and by Guarantor, nor shall any waiver be effective except in the specific instance or matter for which it is given. 6. Attorney's Fees. In addition to the amounts guaranteed under this Guaranty, Guarantor agrees to pay actual attorneys' fees and all other costs and expenses incurred by the City in enforcing this Guaranty, or in any action or proceeding arising out of or relating to this Guaranty, including any action instituted to determine the respective rights and obligations of the parties hereunder. 7. Governing Law: Jurisdiction. This Guaranty is and shall be deemed to be a contract entered into in and pursuant to the laws of the State of California and shall be governed and construed in accordance with the laws of California without regard to its conflicts of laws rules for all purposes, including, but not limited to, matters of construction, validity and performance. Guarantor agrees that any action brought by the City to enforce this Guaranty may be brought in any court of the State of California and Guarantor consents to personal jurisdiction over it by such courts. Guarantor appoints the following person as its agent for service of process in California: CT Corporation System 818 West Seventh Street, 2nd Floor Los Angeles, CA 90017 8. Severability. If any portion of this guaranty is held to be invalid or unenforceable, such invalidity shall have no effect upon the remaining portions of this Guaranty, which shall be severable and continue in full force and effect. 9. Binding on Successors. This Guaranty shall inure to the benefit of the City and its successors and shall be binding upon Guarantor and its successors, including transferee(s) of substantially all of its assets and its shareholder(s) in the event of its dissolution or insolvency. C:\My Documents\WPDOCS\ContWaste2000.wpd 3 July 12, 2000 10. Authority. Guarantor represents and warrants that it has the corporate power and authority to give this Guaranty, that its execution of this Guaranty has been authorized by all necessary action under its Articles of Incorporation and By-laws, and that the person signing this Guaranty on its behalf has the authority to do so. 11. Subordination. Any claims Guarantor may have against Contractor are hereby subordinated to any and all claims of the City against Contractor until such time as the obligations of Contractor to the City are fully satisfied and discharged. 12. Notices. Notice shall be given in writing, deposited in the U.S. mail, registered or certified, first class postage prepaid, addressed as follows: To the City: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: City Manager with a copy: City Attorney, at the same address. To the Guarantor: Waste Management, Inc. 1001 Fannin, Suite 4000 Houston, TX 77002 Attention: General Counsel IN WITNESS WHEREOF, Guarantor has executed this Guaranty on the day and year first above written. WASTE MANAGEMENT, INC. Vice President �7 By: ��A7� Bryen J. BNd111d(g� Vice President & Assistant Secretary C:\My Documents\WPDOCS\ContWaste2000.wpd 4 July 12, 2000 EXHIBIT A SCOPE OF SERVICES A. Curbside Residential Recycling (Up to Four Units) 1. Collection. Contractor shall collect and remove all Recyclable Materials, which are placed in or adjacent to recycling containers at the curbside, from all single-family residences and all residential developments of four (4) or fewer units located in the City where MSW collection service is individual can collection (as opposed to bin or dumpster collection). For those single-family residences and residential developments that are walled communities with private streets, Waste Management of the Desert will provide homeowner associations the choice of receiving automated, manual, or commercial recyclable collection services for the entire association. Waste Management of the Desert will meet with each association to determine what type of service best fits the needs of their particular community. Homeowner associations may select a service schedule that meets their diverse needs. Resolution of conflicts in recycling methodology shall be at the sole discretion of the City. 2. Single Family Dwelling Unit Recycling. Waste Management of the Desert will collect commingled recyclables at curbside for residential customers every week in a 32 gallon automated recycling cart free of charge. This program will be implemented by December 31, 2001. Recyclables will be collected on the same day as refuse collection. Each cart will have a sticker on the inside of the lid listing the recyclable materials. The following materials will be collected as part of the program: • Paper - All grades, including newspaper, catalogs, magazines, junk mail, including envelopes, telephone books, paperback books, cereal boxes, office paper (white, colored, computer, and envelopes), cardboard (all grades, including egg cartons' • Empty aerosol cans; • Glass - All colors, California Redemption Value and non -redemption value; • Aluminum - Cans, foil, and trays; • Bi-metal, tin cans, steel cans; • Plastics/resins of all grades, Nos. 1 through 6; and • Such other materials as mutually agreed upon in writing by Contractor and City. An additional recycling cart will be provided at no additional extra charge. Residents can exchange their recycling carts once per year at no charge. CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd A-1 July 11, 2000 3. Time of Collection. Contractor shall collect the Recyclable Materials once per week, regardless of weather conditions. To the extent possible, collection will be on the same day of the week as collection of Municipal Solid Waste. 4. Missed Pickups. In case of a missed pickup called in by a resident or the City, Contractor shall collect the Recyclable Materials from such resident within twenty-four (24) hours. All calls relating to missed pickups shall be logged in by Contractor and such log shall be available for inspection by the City. 5. Public Education Program. Ninety (90) days prior to commencement of the automated commingled recycle collection program, Contractor shall submit to City, at City's request, a draft public education package on the program including: residents; channel; a. draft direct mail brochure and newsletter article; b. draft brochure to accompany delivery of the wheeled carts to C. draft public service announcement for the City's cable television d. draft public service announcement for local radio stations; and e. draft newspaper ad for placement in the Desert Sun. City will provide Contractor with comments on the draft public education package within twenty (20) working days. Contractor shall, at its sole expense: a. Produce and mail the direct mail brochure to City residents three (3) weeks prior to the delivery of the wheeled carts and provide newsletter copy to City; b. Produce the second brochure and deliver it to residents with the wheeled carts; C. Produce the public service announcements for the radio stations and the cable television station. Contractor shall use best efforts to follow up with verbal and written communication to the stations to make sure the public service announcements are run a minimum of ten (10) times in the fourteen (14) days prior to delivery of the wheeled carts and a minimum of ten (10) times after delivery of the wheeled carts is completed; and CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd A-2 July 11, 2000 d. Produce the newspaper ad and submit them to the Desert Sun. Said ads shall run a minimum of two (2) times during the fourteen (14) day period prior to the distribution of the wheeled carts and a minimum of two (2) times after the distribution of the wheeled carts to residents. Said ads shall be a minimum of one sixteenth 0 /16th) of a newspaper page in size. B. Residential Green Waste Collection 1. Green Waste Program. Automated Green Waste collection services shall be provided to all single family, duplex, and triplex residences in City with the exception of the residences located within gated commercial and mobilehome communities. Contractor shall provide residents with a 96 gallon wheeled cart for Green Waste storage. Contractor shall provide all labor and equipment required to conduct the automated Green Waste collection and recycling program. Contractor shall collect all Green Waste at curbside unless backyard or side yard service is requested by a resident. In the event backyard or side yard service is requested, Contractor shall charge the rate listed on Exhibit B. C. Recycling Programs. 1 . Cost and Operational Statistics. Contractor shall record the cost, productivity, tons collected, person hours, number of stops, number of participating homes, number of routes and all other data on the automated Green Waste collection programs requested by City. Contractor shall record said data in a format required by City and shall submit said data to City by the tenth (101h) day of each quarter. City reserves the right to request any and all additional information from Contractor needed by City, its auditors and consultants, to evaluate the productivity and cost of the automated Green Waste and Recycling collection programs and to report data to state and federal agencies as required by law. City may, in its sole discretion, conduct efficiency and/or time and motion field studies of the automated Green Waste and Recycling collection programs at any time and for any duration during the term of this Agreement. City reserves the right to request data more frequently than quarterly should City desire to do so. 2. Replacement of Lost Damaged or Stolen Carts. Contractor shall, at its sole expense, provide residents who report damaged wheeled carts with a replacement cart within seventy-two (72) hours of the resident's request. Contractor shall also provide wheeled carts to all new residents that move into City or change residences within City. Contractor shall, at its sole expense, provide residents who report lost or stolen wheeled carts with a replacement cart within seventy-two (72) hours of the resident's request for the first two reports. If a resident reports a third lost or stolen cart, Contractor may charge the customer for a replacement cart. City or CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd A-3 July 11, 2000 Contractor shall maintain complete and accurate records of all wheeled carts delivered to new residents and to residents reporting lost, stolen or damaged carts and shall submit a report to City by the tenth (10th) day of each quarter, beginning in March 1997, listing the number of carts so provided. 3. Automated Collection Vehicles. Contractor shall utilize the front loader refuse collection vehicles fitted with a collection bin and a mechanical arm on the front of the truck or equivalent equipment as approved by the City Manager or designee for the automated Green Waste and Recycling collection programs. Contractor shall operate said trucks in a safe and efficient manner so as to minimize the blowing or spilling of Green Waste or Recyclables during the collection process. If Green Waste or Recyclables are spilled or blown by the wind, Contractor shall make all reasonable efforts to clean up and collect all spilled and blown Green Waste or Recyclable materials. 4. Recycling of Green Waste. All Green Waste collected by Contractor shall be delivered to a facility for recycling, mulching or composting. Ninety (90) days prior to the commencement of the Green Waste Collection program, Contractor shall notify City in writing of the facility where Contractor plans to deliver the Green Waste. Contractor shall not deliver Green Waste to a facility without obtaining the prior consent of the City. In the event that Contractor desires to change the Green Waste processing facility to which Green Waste is being delivered, Contractor shall submit a written request to City at least thirty (30) days prior to the date of the requested change. If it becomes known that the Green Waste processing facility utilized by Contractor is not recycling, mulching or composting the Green Waste collected in City, or is out of compliance with local, state or federal operating permits, laws or regulations, or in processing and/or using Green Waste in such a way that the Green Waste collected from within City will not count as MSW diverted for purposes of AB 939 and any other applicable state or federal law, City reserves the right to direct Contractor to deliver the Green Waste to another processing facility. 5. Recyclable Materials. All Recycling loads will be delivered to Waste Management of the Desert's yard in Palm Desert. C. Multi -Unit Residential Recycling (Five Units and Above) 1. Contractor shall collect and remove all Recyclable Materials which are placed in or adjacent to multi -family complexes with five or more residential units located in the City and all such complexes with two or more units where MSW collection service is bin or dumpster collection. 2. Multi -Unit Residential Recyclable Materials. Commingled Recyclable Materials to be collected include the same items listed in the "single family dwelling unit recycling" section and such other materials as mutually agreed upon in writing by Contractor and City. Commingled recycling collection of all items listed CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd A-4 July 11, 2000 above will be provided to multi -family dwelling units at no additional charge. Both carts and 3-yard bins will be used to provide recycling services. Customers will be notified annually of the program requirements. 3. Time of Collection. Contractor shall collect the Recyclable Materials on a regular basis, no less frequently than the time required to fill the bin or dumpster and at least weekly for crates or boxes. 4. Requested Pickups. In the event Contractor missed a normal pickup or the bin or dumpster fills prior to a normal pickup, Contractor shall collect the Recyclable Materials from such complex within twenty-four (24) hours of notice by the City or property manager/owner/tenant. All calls relating to missed or additional pickups shall be logged in by Contractor and such log shall be available for inspection by the City. D. Commercial. Industrial or Institutional Recycling 1. Collection. Contractor shall collect and remove designated Recyclable Materials, which are segregated or commingled and placed in separate bins, from all businesses located in the City which elect to participate in Contractor's recycling program. 2. Recyclable Materials. Recyclable Materials includes glass, corrugated cardboard, computer paper, white paper, mixed office paper and such other materials as mutually agreed upon in writing by Contractor and the City. 3. Time of Collection. Contractor shall collect the Recyclable Materials placing a designated location for periodic collection regardless of weather conditions. To the extent possible, collection will be on the same day of the week as regular Municipal Solid Waste collection. 4. Missed Pickups. In case of a missed pickup or full bin or dumpster called in by a business, industry or institution, Contractor shall collect the Recyclable Materials from such business, industry or institution within twenty-four (24) hours. All calls relating to missed or extra pickups shall be logged in by Contractor and such log shall be available for inspection by the City. 5. Curbside Recycling Service for Small Businesses. Contractor shall provide the above -described curbside recycling program for selected small businesses with fewer than 50 employees. Each year, Contractor shall contact thirty (30) small businesses that generate MSW containing the materials collected by the curbside recycling program and invite them to participate in the program. Contractor shall provide a set of three (3) stacking crates or a two (2) box set, or commingled automated crate together with an informational packet describing the program, at no CANly Documents\WPDOCS\Cont Waste 2000 Recycl.wpd A-5 July 11, 2000 charge, to each business desiring to participate in the curbside recycling program. Contractor shall utilize the existing curbside recycling vehicles and crews to collect Recyclable Materials from the participating businesses. Contractor shall issue a report on October 1 and March 1 of each year listing the small businesses contacted and the businesses actually participating in the curbside recycling program. The list shall include the name of the business, contact person, address, telephone number and type of crates or boxes being used for storage of Recyclable Materials. Said list shall include the names of small businesses contacted that chose not to participate in the program including the reason given for non -participation, and a description of any noteworthy experiences or observations of Contractor with regard to the operation of this program. Contractor shall not be required to pay the participating small businesses for Recyclable Materials collected by the curbside recycling program pursuant to this section. 6. Commercial Premises Wastestream Audit Program. Upon request, Contractor shall perform at no charge a wastestream audit for commercial premises. Said audit shall, at a minimum, identify broad categories of solid waste by type and amount and shall recommend methods of reducing that amount by waste prevention, recycling, reuse or composting. Audit results shall be prepared in writing and forwarded to the requestor within fifteen (15) days of audit field work. Program shall be oriented toward the needs of Commercial Premises, taking into account possible savings and costs. Contractor shall, within six (6) months after the commencement of the Term, submit to City a draft of (1) a press release to announce availability of program and (2) a presentation and brochures for Chamber of Commerce, other business associations and distribution to individual businesses. City shall provide Contractor with comments and edits on draft materials. Once finalized, Contractor shall, within thirty (30) days, prepare and submit to City a schedule of presentation (by name of organization, date, time, place of presentation). Contractor shall be required to review with City, on or about each January 1 of the Term, the status of this program, including the need to revise materials. Contractor shall report on a quarterly basis the name and address of Commercial Premises for which a wastestream audit was completed, time on part of Contractor to complete audit, estimated waste reduction and actual waste disposed, as well as other noteworthy items. E. City Facility Recycling Program 1. Collection. Contractor shall collect and remove all Recyclable Materials which are segregated and placed in or adjacent to recycling storage containers at all City facilities. CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd A-6 July 11, 2000 2. City Recyclable Materials. City Recyclable Materials includes glass, corrugated cardboard, metal cans, plastic bottles, newspaper, and mixed office paper (including white paper, computer paper, magazines, junk mail, file folders, and "post it" notes). The mixed office paper may contain staples. 3. Time of Collection. Contractor shall collect the Recyclable Materials placed in a designated location for periodic collection, regardless of weather conditions. Collections shall be made with sufficient frequency that Recyclable Materials do not overflow the storage containers. 4. Missed Pickups. In case of a missed pickup or full container reported by City, Contractor shall collect the Recyclable Materials from the City facility within twenty-four (24) hours. All calls relating to missed or extra pickups shall be logged in by Contractor and such log shall be available for inspection by City. F. Collection of Holiday Greenery Contractor shall collect Christmas trees and other holiday greenery on regular solid waste collection days during the period December 26 through January 8. Contractor shall prepare a public education flyer, brochure or postcard informing residents of this service. Residents will be instructed to cut holiday greenery into 4-foot lengths and to remove tinsel, lights and ornaments. Flocked trees shall be collected and handled by Contractor as municipal solid waste. Greenery must be placed at curbside for collection by 7:00 a.m. on refuse collection day. The greenery collected by Contractor shall be mulched or chipped and recycled or reused. Contractor shall provide City with a report on or before February 10 listing and the pounds/tons of holiday greenery collected at curbside, and the pounds/tons of holiday greenery received at the drop off locations. Said report shall also include a copy of the weight ticket(s) from the recycling, mulching or wood chipping operation where the greenery was recycled or reused. G. Backyard Composting Program Contractor shall implement a backyard composting program, such as the Master Composting program, within City. Contractor shall supply thirty (30) backyard composting units, such as the "Soil Saver" unit or the equivalent, made of recycled plastic or recycled wood, for free, to residents attending the backyard composting workshops. Contractor shall also provide additional composting units at Contractors' cost, to residents requesting such units. Contractor shall sell said units at the composting workshops and shall also have said units available for sale at Contractor's office. Contractor shall present backyard composting workshops at City parks, the Senior Center or other appropriate locations on a semi-annual basis. Contractor shall provide educational brochures on how to utilize the backyard composting units C:\My Documents\WPDOCS\Cont Waste 2000 Recycl.wpd A-7 July 11, 2000 and shall demonstrate the backyard composting techniques at the workshops. Contractor shall advertise the workshops with brochures, posters located in the Senior Center, City Hall and other City facilities as well as through flyers distributed through the schools. Contractor shall also place a minimum of two (2) ads in the Desert Sun newspaper prior to each composting workshop. Contractor shall provide City with a written report on each semi-annual composting workshop listing the number of attendees, the reaction of the public and suggestions for future workshops. C:\My Documents\WPDOCS\Cont Waste 2000 Recycl.wpd A-8 July 11, 2000 EXHIBIT B 5 CY 5 LL 0 V 0 0 N } M Z 0 w U) O 0- 0 w a selea pesodoad 0l 6E68d 99.1 dwna GOINGS m U 3 0 d o E m O O� L 4)a c U)U 40 r r N N M m m coo n 0 0 o c ch ch N N bN9 W O N M Go 1,- N co 1ik C N c8 8 Sw N CD coc S 0 'e C Y aY 7 O C a 3 U U _ � -ay m_ CO c c C c 3 c c 3 C N N 01 COC y cn H tm N M0 0cp 1vxv���c�•->6�c8 C C �"� v C •3 E E :n o c c O m w o � H N NQQQ� N - U ccm cv .0 b c C O F. 8 8 M v_ 8 > c >. `_ o. 7 m v q?= c mLo IV 'O, y N L L6 C V N O O H 1y2 0 a ff! U) 0 N O O m '0 C >E mm Q2— .. c � v c C >, co c � �,0)m a w .. d •� c8 8 c vt._.�cE ai N 8 w 0 w E L d r E> a c C CD M E.°`�°v,�C 0 v d.L r Nm'3°'8 O Q m O U) Ma o 8 3 ��0 m"M° `°x-0 H- ¢ cOiaI—¢ 100% FRANCHISED JULY 2000 2 YARD SERVICE 1 $ 48.34 $ 17.47 $ 3.88 $ 69.69 2 $ 84.20 $ 33.29 $ 7.76 $ 125.25 3 $ 118.30 $ 49.21 $ 11.63 $ 179.14 4 $ 152.21 $ 64.99 $ 15.51 $ 232.71 5 $ 186.18 $ 77.59 $ 19.39 $ 283.16 6 $ 220.41 $ 96.54 1 $ 23.27 $ 340.22 EXTRA EMPTY $ 28.68 3 YARD SERVICE 1 $ 60.67 $ 25.01 5.82 $ 91.50 2 $ 104.42 $ 48.28 11.63 $ 164.33 3 $ 147.22 $ 70.90 17.45 $ 235.57 4 $ 186.84 $ 93.46 23.27 $ 303.57 5 $ 228.98 $ 116.54 29.07 $ 374.59 6 $ 269.68 $138.961 34.89 $ 443.53 EXTRA EMPTY $ 39.39 4 YARD SERVICE 1 $ 82.96 $ 33.69 7.76 $ 124.41 2 $ 129.77 $ 63.37 15.51 $ 208.65 3 $ 178.35 $ 92.94 23.27 $ 294.56 4 $ 227.11 $ 122.84 31.01 $ 380.96 5 $ 273.22 $ 152.32 38.76 $ 464.30 6 $ 318.29 $181.661 46.51 $ 546.46 EXTRA EMPTY $ 53.30 6 YARD SERVICE 1 $ 124.46 $ 50.10 11.63 $ 186.19 2 $ 194.67 $ 96.18 23.27 $ 314.12 3 $ 267.49 $ 141.13 34.89 $ 443.51 4 $ 340.90 $ 186.09 46.51 $ 573.50 5 $ 409.84 $ 231.851 58.14 $ 699.83 6 $ 477.47 $276.351 69.78 $ 823.60 EXTRA EMPTY $ 79.51 Milli 100% FRANCHISED JULY 2000 NEW START FEE $ 5.71 RESTART FEE $ 15.00 DELIVERY FEE $ 16.16 LOCKED ENCLOSURE OR BIN PULL-OUT > 35' (per pick-up) $ 4.64 BIN PULL-OUT > 20' $ 26.55 LOCKING CONTAINER $ 51.81 REPLACEMENT LOCKING BAR $ 34.58 SATURDAY (for service < 6xhvk) $ 21.54 14 O 0 0 N J D w O a O cr a U 0 v a) E IT c 0 � o M N I, EMH N � .0 d Of CT co CO L U co nm U a E 0) c GO ~ J to to v Q al D CC) CO m a ci co°r° .va'w aao w w Dom U. wwIx p } } J Co O O J N ch IV w a? 0 z N to La N �6cl, 69). INC 0 m � t (D U (D ti v 0 � a) LL ro E U) a�0i CO w w EXHIBIT C RESOLUTION NO. 2000-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE RESTATED AND AMENDED AGREEMENT FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE BY AND BETWEEN THE CITY OF LA QUINTA AND WASTE MANAGEMENT OF CALIFORNIA, INC. WHEREAS, Chapter 6.04 of the La Quinta Charter and Municipal Code authorizes the collection, transportation and disposal of municipal solid waste; and WHEREAS, City staff has negotiated. a Restated and Amended Agreement, pursuant to City Council direction, with Waste Management of California, Inc., for the collection, transportation and disposal of municipal solid waste. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta that the Restated and Amended Agreement for Collection,. Transportation and Disposal of Municipal Solid Waste by and between the City of La Quinta and Waste Management of California, Inc., (Attachment 1) is hereby approved. . PASSED, APPROVED and ADOPTED at an adjourned regular meeting of the La Quinta City Council, held on this 5t' day of July, 2000, by the following vote, to wit: _ AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None C-1 J 0 HW,-. PENA, or City of La Quinta, California Resolution No. 2000-83 Waste Management Collection, Transportation & Disposal of Municipal Solid Waste July 5, 2000 Page 2 ATTEST: JU . GREEK, CMC%AA , City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: W. KATHERI E LJENS40NitvAtto ney City of La Quinta, California C-2 RESOLUTION NO. 2000-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE RESTATED AND AMENDED AGREEMENT FOR THE COLLECTION AND RECYCLING OF RECYCLABLE MATERIALS BY AND BETWEEN THE CITY OF LA QUINTA AND WASTE MANAGEMENT OF CALIFORNIA, INC. WHEREAS, Chapter 6.05 of the La Quinta Charter and Municipal Code authorizes the removal and conveyance of recyclable materials; and WHEREAS, City staff has negotiated a Restated and Amended Agreement, pursuant to City Council direction, with.Waste Management of California, Inc., for the collection and recycling of recyclable materials. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta that the Restated and Amended Agreement for Collection and Recycling of Recyclable Materials by and between the City of La Quinta and Waste Management of California, Inc., (Attachment 1) is hereby approved. PASSED, APPROVED and ADOPTED at an adjourned regular meeting of the La Quinta City Council, held on this 5 h day of July, 2000, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None C-3 JOHN W PEN ayor City of La Quinta, California Resolution No. 2000-84 Waste Management Collection and Recycling of Recyclables July 5, 2000 Page 2 ATTEST: J U N E RE , CMC/AAE, Ity Clrk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERWE—j—ENSOry, City Attibnjey City of La Quinta, California C-4 This Bond replaces and supersedes Firemen's Fund Bond No. 11127317821 effective 8/1/2002. s _ CHUBB GROUP OF INSURANCE COMPANIES 1[ -A CHUBB 15 Mountain View Road, P.O. Box 1615, Warren, New Jersey 07061-1615 FEDERAL INSURANCE COMPANY PERFORMANCE BOND Bond No. 8145 59 70 Amount $ 1, 000, 000.00 Know All Men By These Presents, That we, Waste Management of California, Inc. (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly orga- nized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of La Quinta, CA (hereinafter called the Obligee), in the sum of One Million Dollars and No/ 100 --- Dollars ($ 1, 000, 000.00 ), for the payments of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 12th day of August XM 2002 WHEREAS, the Principal entered into a certain Contract with the Obligee, dated August 1 ,1996 , for Recycling Services in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Prin- cipal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said Contract set forth and specified to be,by said Principal kept, done and performed, at the times and in the manner in said Contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of the said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect, subject, however, to the following conditions: NOTWITHSTANDING ANYTHING CONTAINED IN THE CONTRACT TO THE CONTRARY, THE LIABIL- ITY OF THE PRINCIPAL AND THE SURETY UNDER THIS BOND IS LIMITED TO THE TERM OF THE CONTRACT FROM August 1, 2002 TO August 1, 2003 . ANY EXTENSIONS OR RENEWALS OF THIS BOND MUST BE CONSENTED TO IN WRITING BY THE PRINCIPAL AND THE SURETY. FAILURE TO EXTEND OR RENEW THIS BOND BY THE PRINCIPALAND THE SURETY SHALL NOT CONSTITUTE A DEFAULT UNDER THIS BOND. (over) Contracts with Renewal Options Form 15-02-0300 (Rev. 4-95) Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Waste Management of California, Inc. Principal Terri Morris n, Attorney-ib-,-fact FEDE INSU NCE COMP t annis Matt o , AttornP n-Fact Power of Attome KNOW ALL MEN BY THESE PRESENTS that each of the entities listed on Exhibit A attached hereto (individually, the "Corporation') does hereby constitute and appoint Robert Bruce, Donald R. Gibson, Melissa Haddick, Jacqueline Kirk, Tannis Mattson, Terri Morrison, and Sandra Parker of Marsh USA Inc. as its true and lawful agent to execute and deliver, in the Corporation's name and on the Corporation's behalf, surety, performance, bid and payment bonds and to affix thereon the Corporation's seal. IN WITNESS WHEREOF, the Corporation has caused this instrument to be signe Vice Pre i ent d asurer and its corporate seal to be affixed hereto this day of , 2002. Witness: L :, Donna L. Meals Director, Financial surance Waste Management, Inc. Ronald H. Jones Vice President and Treasurer 1328 1329409 Ontario Inc. NA-0000001 Active 1329 3368084 Canada Inc. NA-0000003 Active 1330 635952 Ontario Inc. NA-0000005 Active 1331 709292 Alberta Ltd. NA-0000006 Active 1332 730810 Alberta Ltd. NA-0000007 Active 1333 740922 Alberta Ltd. NA-0000008 -Active 1334 .762570 Alberta Ltd. NA-0000009 Active 0105 A 1 Compacfion Inc. 13-2631473 Active 1336 Acaverde S.A. de C.V. NA-0000010 Active 1337 Acaverde Sen*i os, S.A. de C.V. NA-0000011 Active 1448 Adam J. Deitrick and Sons Disposal & Coal Hauling, Inc. 23-2569755 Active 0109 Advanced Environmental Technical Services, L.L.C. 36-4016575 Active 0112 Akron Regional LandfiN, Inc. 31-1595650 Active 0113 Alabama Waste Disposal Solutions, L.L.C. 76-0641853 Active 0116 Alliance Sanitary L.arKS, Inc. 23-2383025 Active 1480 ANstate Disposal Service, Inc. 39-1254020 Active 0118 All -Waste Systems, Inc. 13-2722291 Active 0121 American Landfill Gas Company 34-1817578 Active 0122 American Landfill, Inc. 34-1355783 Active 0123 American RRT Fiber Supply, LP. 23-2790769 Active 0124 American Waste Control of New York, Inc. 13-3469448 Active 0127 Anderson Landfill, Inc. 76-0590137 Active 0128 Anderson -Cottonwood Disposal Services, Inc. 68-0114107 Active 0133 Antelope Valley Recyding and Disposal Facility, Inc. 95 3344381 Active 0132 Arden Landfill, Inc. 25-1249512 Active 0142 Atlantic Waste Disposal, Inc. 36-3852536 Active 0145 Automated Salvage Transport, Inc. 06-1292409 Active 1339 Auxiwaste Services SA NA4 00W13 Active 1567 AZ Newco, L.LC. 69-000498 Active 1042 Azusa Land Reclamation, Inc. 95-2908438 Active 0150 B & E Cartage Inc. 55-0664208 Active 0151 B & L Disposal Co. 88-0087834 Acute 0149 B&B Landfill, Inc. 58-2437473 Active 1029 Bads Pressure Turbine, LLP 74-2957622 Active 0153 Baltimore Environmental Recovery Group, Inc. 52-1913640 Active 0155 Bayside of Marion, Inc. 22-3479629 Active 0159 Bentofoc Technologies (Canada), Inc. NA-0000016 Alive 1469 Bentoft Technologies (USA), Inc. 88-0388292 Active 0161 Best Recyding & Disposal, Inc. 41-1801671 Active 1343 Bestan Inc. NA-0000017 Active 0284 Big Dipper Enterprises, Inc. 45-0325454 Active 0162 Big Valley Transport Inc. 55-0697385 Active 0163 Bio-Energy Partners 36-3500224 Active 0165 jBisig Disposal Service, Inc. 16-1118480 Active 1454 Bland Disposal Service, Inc. 59-1662042 Active 1489 Blue Water Finer Limited Partnership 38-3158273 Active 0376 Bluegrass Containment, L.L.C. 76-0641298 Active 0169 Boone Waste Industries, Inc. 59-2978195 Active 0170 Booths Creek Sanitation, Inc. 55-0647125 Active 0171 Bosarge & Edmonds Contractors, Inc. 64-0715724 Active 0172 Boudin's Waste & Recycling, Inc. 64-0841846 Active 0173 Braddon Enterprises, Inc. 55-0625131 Active 0176 Brand Scaffold, Inc. UK4)000003 -Active 0177 Brazoria County Recycling Center, Inc. 76-0196569 Active 0181 Burnsville Sankary Landfill, Inc. 41-1882463 Active 0185 C & L Company, Inc. 68-0130033 Active 0186 C.D.M. Sanitation, Inc. 41-1295804 Active 0187 C.I.D. Landfill, Inc. 16-1091396 Active 0188 C.I.D. Refuse Service, Inc. 16-1262429 Active 1568 CA Newco, L.L.C. 69-0003500 Active 0191 Cal Siena Disposal 94-2349727 Active 0193 California Asbestos Monofill, Inc. 68-0232434 Active 1481 Caliifomia Waste Recovery sterns, Inc. UK4XXXX 05 Active 0195 Campbell Wells Norm Corporation 116-0383660 Active 1346 Canadian Waste Services Holdings, Inc. NA40000020 Active 1347 Canadian Waste Services, Inc. NA-0000021 Active 1311 CAP/CRA, L.L.C. UK-0000007 Active 0197. Capital Sanitation Company 88-0121888 Active 0196 Capitol City Disposal, Inc. 844)645674 Active 0377 Capitol Disposal, Inc. 76-0638591 Active 0198 Caramella-Ballardini, Ltd. 88-0173055 Active 0199 Cardinal Ridge Development, Inc. 38-3020653 Active 1030 Carleton Farms Landfill, Inc. 38-3406996 Active 0200 Carmel Marina Corporation 94-2643722 Active 0201 lCarolina Grading, Inc. 57-0923608 Active 0202 1 Carver Transfer & Processing, LLC 41-1767917 Active 0203 lCedar Hammock Refuse Disposal Corporation 59.0804577 Acute 0204 JCedar Ridge LarKMO, Inc. 62-1727570 Alive 0205 Central Disposal Systerm, Inc. 4240995450 Alive 0206 Central Missouri Landfill, Inc. 43-1397423 Active 0207 Central Valley Waste Services, Inc. 06-1487145 Active 0208 lChadwick Road Landfill, Inc. 58-1798581 Active 0209 lChambers Clearview Environmental Landfill, Inc. 25-1652556 Active 0210 Chambers Development Company, Inc. 25-1214958 Active 0211 Chambers Development of Ohio, Inc. 76-06 gM Adive 1590 Chambers of Asia NA-0000159 Active 0168 Chambers of Georgia, Inc. 58-2397639 Active 1587 Chambers of Hong Kong, Inc. NA-0000156 Active 0217 Chambers of Mississippi, Inc. 25-1628285 Active 0219 Chambers of West Virginia, Inc. 25-1588129 1 Active 0220 Chambers Services, Inc. 25-1653548 Active 0221 Charlotte Landscaping and Sanitation Services Inc. 59-0862386 Active 1478 Chaska Sanitation, Inc. 41-1738897 Active 1010 Chastang Landfill, Inc. 7640638602 Active 0224 lChemical Waste Management of Indiana, L.L.C. 36-4067587 Active 0227 Chemical Waste Management of the Northwest, Inc. 91-1089393 Active 0223 Chemical Waste Management, Inc. 36-2989152 Active 0231 Chesser Island Road Landfill, Inc. 58-2364490 Active 0233 Chiquita Canyon Landfill, Inc. 94-2993437 Active 0235 CID MRRF, Inc. 36-3970169 Active 0236 City Disposal Systems, Inc. 37-3407001 Active 0237 City Environmental Services Landfill, Inc. of Florida 58-1931257 Active 0239 JQfty Environmental Servioes Landfill, Inc. of Hastings 38-3068445 Active 0240 lCity Environmental Services Landfill, Inc. of Lapeer 38-3278399 Active 0241 City Environmental Servioes Landfill, Inc. of Panama City 38-3261426 Active 0238 City Environmental Services Landfill, Inc. of Saginaw 38-3259281 Active 1561 City Environmental Services, Inc. of Florida 59-3503469 Active 0246 lCity Environmental Services, Inc. of Waters 38-3020069 Active 1560 City Environmental, Inc. 38-3407576 Active 0247 City Management Corporation 38-2056600 Active 0248 Clayton -Ward Company, Inc. 68-0253945 Active 0250 lClebume Landfill Company Corp. 59-3069374 Active 0251 lClebume Landfill Corporation 38-3125468 Active 0253 Cloverdale Disposal, Inc. 94-2668608 Active 0254 CNS Holdings, Inc. 36-4132352 Active 0255 CNSI Sub, Inc. 58-2140641 Active 0256 Coast Waste Management Inc. 95-2557952 Active 0257 Cocopah Landfill, Inc. 86-0689420 Active 0259 Colorado Landfill, Inc. 76-0639312 Active 0264 Columbia Geosystems Ltd. MA4000024 Active 1031 Columbia Regional Transportation, Inc. 76-0048501 Active 1027 Cornrnercial Disposal Service, Inc. 55-0521601 Active 0268 Connecticut Valley Sanitary Waste Disposal, Inc. 04-2796580 Active 0269 lConservation Services, Inc. 84-0915035 Active 0270 Container Recyding Affiance, L.P. 36-3730138 Active 1312 Continental Waste Industries Arizona, Inc. 22-3146904 Active 0272 Copper Mountain Landfill, Inc. 86-0697738 Active 0274 Coshocton Landfill, Inc. 31-1214800 Active 0275 Cougar Landfill, Inc. 76-0211843 Active 0276 Countryside Landfill, Inc. 36-2838336 Active 1450 lCuyahoga Landfill, Inc. 76-OM95 Active 0280 CWM Chemical Services, L.L.C. 36-4203347 Active 0281 CWM Resource Recovery, Inc. 31-0951369 Active 1458 D & T Refuse Service, Inc. 34-1536941 Active 0283 Dafter Sanitary Landfill, Inc. 38-2754804 Active 0285 Dakota Resource Recovery, Inc. 41-1428516 1 Active 0286 Dauphin Meadows, Inc. 23-2390183 Active 0289 Deep Valley Landfill, Inc. 23-2886200 Active 0290 Deer Track Park Landfill, Inc. 39-1802678 Active 0291 DELand Landfill, Inc. 76-0590138 Active 0292 Delaware Recyclable Products, Inc. 51-0334417 Active 0293 IDickinson Landfill, Inc. 76-0325384 Acute 0294 Disposal Service, Inc. 55-0618479 Active 1032 Don's Garbage Service, Inc. 93-0796632 Active 1594 Donahue/JRP Asia Pacific Ltd NA-M163 Active 0299 Donn Company, Inc. 11-1734007 Active 0301 Duluth Waste Marketing, Inc. 76-05MI52 Active 0325 E.C. Waste, Inc. 66-0523635 Active 0305 Eardxxxp, L.L.C. 61-1342589 Active 0306 Earthmovers Landfill, L.L.C. 61-1342591 Active 0307 East Liv Landfill, Inc. 34-1637446 Active 0309 Eastern Development Services, Inc. 22-3576242 Active 0310 Eastern Disposal of Georgia, Inc. 76-0639270 Active 1559 Eastern One Land Corporation 76-OM122 Active 0319 Eastern Transfer of New York, Inc. 22-3535642 Active 0322 Eastern Waste of New York Inc. 22-3470672 Active 0324 Eastern Waste of West Virginia, Inc. 55-0758221 Active 1581 Ecoitec SA de CV NA-00WI50 Active 0331 El Coqui de San Juan 66-0525083 Active 0332 Ei Coqui Landfill Company, Inc. 66-0555785 Active 0333 El Coqui Waste Disposal, Inc. 76-0480500 Alive 1033 ELDA Landfill, Inc. 76-0639272 Active 0335 Elk River Landfill, Inc. 41-1283941 Active 1446 Envirofil lNinois Acquisition Corp. 91-2155129 Active 0339 Envirofil of Illinois, Inc. 37-0957555 Active 0342 Environmental Control, Inc. 85-0325898 Active 0346 Equipmnt Credit Corporation 76-"71150 Active 0347 Evergreen Landfill, Inc. 76-0472693 Active 1011 Evergreen Recycling and Disposal Facility, Inc. 76-0638587 Active 0354 F F F, Inc. 414)943545 Active 1355 F.L.I. International Ltd. NA40000029 Active 0350 Farnriet+s landfill, Inc. 434XKM 80 Active 0351 Feadier River , Inc. 06-1479349 Active 0353 FernleyDisposal, Inc. AF-0000023 Active 1479 Field of Dreams Recycling Center Inc. 41-1875126 Active 0358 Front Ra Landfill, Inc. 76-0479974 Active 0359 Frontier Environmental, Inc. 59-3221517 Active 0361 IG.C. Environmental, Inc. 76-0352898 Active 0367 G.I. Industries 87-04=85 1 Active 0362 GA Landfills, Inc. 58-2293782 Active Gallia Landfill, Inc. 31-1509605 Active 10363 0364 lGamet of Maryland, Inc. 52-1916417 Active 1595 GCP Engineering Ltd NA-00MI64 Active 1359 Geolining Abdichtungstechnik GmbH NA40000032 Active 0366 Georgia Waste Systems, Inc. 58-1028526 Active 1360 Gestion Des Rebuts D.M.P. NA-0000033 Active 0369 Glen's Sanitary Landfill, Inc. 38-2065407 Active 0371 Graham Road Recycling & Disposal Facility, Inc. 76-0412397 Active 0373 Grand Central Sanitary Landfill, Inc. 23-2049337 Active 1477 Greater Midwest, Inc. 76-0697217 Active 0378 Green Valley Disposal Company, Inc. 94-2148643 Active 1596 Greenworks, Inc. 58-2330502 Active 0381 lGround Sea Air International Forwarder Inc. NA40000038 Active 1363 Grupo WMX, S.A. De C.V. NA-0000039 Active 0382 Guadalupe Rubbish Disposal Co., Inc. 95-2746842 Active 0383 Guam Resource Recovery Partners, L.P. 36-4149976 Active 0384 Gulf Disposal, Inc. 59-1052055 Active 0385 Guyan Transfer and Sanitation Service, Inc. 55-0487165 Active 1597 H.W. Ward Trash Co. 714)684338 Active 0388 Ham Lake Haulers, Inc. 41-1704537 Active 0393 Harris Sanitation, Inc. 59-1219741 Active 0394 Harwood Landfill, Inc. 52-1637402 Active 1366 Hedco Landfill, Ud. NA-0000040 Active 0395 Hillsboro Landfill Inc. 93-0760239 Active 0400 Holyoke Sanitary Landfill, Inc. 04-2481863 Active 0402 IN Landfills, L.L.C. 61-1342588 Active 0404 Independent Sanitation Company 88-0126699 Active 1368 Intersan Inc. NA40000041 Active 0408 Jahner Sanitation, Inc. 45-0410330 Acute 0409 Jay County Landfill, L.L.C. 61-1342592 Active 0411 John Smith Landfill, Inc. 7740462653 Active 1370 Johnson Filtration Systems Limited NA4000044 Active 0414 Jones Sanitation, L.L.C. 61-1342583 Active 0415 Junker Sanitation Services, Inc. 414)963253 Active 0416 K and W Landfill Inc. 3872504167 Active 0417 Kahle Landfill, Inc. 43-1682575 Active 0418 Keene Road Landfill, Inc. 59-2044226 Active 0420 jKeNy Run Sanitation, Inc. 25-1696669 Acute 0421 Ken's Pidwp Service, Inc. 38-3132789 Active 1372 Key Disposal Ltd. NA-0000045 Active 0422 Kimmins Recycling Corp. 59-2984276 Active 0423 King Landfill, Inc. 54-1632805 Active 1313 KN Industrial Services, Inc. 76-0697201 Active 0425 Knutson Material Recovery Facility, Inc. 41-1671543 Active 0426 Knutson Services, Inc. 41-0971940 Active 1482 Kubasch & Sons, Inc. 41-1247801 Active 0427 L&M Landfill, Inc. 84-1492401 Active 0430 Land Reclamation Company, Inc. 36-3640284 1 Active 1012 Landfill of Pine Ridge, Inc. 76-0638593 Active 0431 Landfill Services of Charleston, Inc. 55-0731302 Active 0432 Landfill Systems, Inc. 85-0444532 Active 0433 Larry's Sanitary Service, Inc. 94 2362392 Active 0436 Laurel Highlands Landfill, Inc. 25-1640583 Active 0437 Laurel Ridge Landfill, L.L.C. 61-1342582 Active 0438 LCS Services, Inc. 55-0673745 Active 0440 LFG Production, L.P. 36-4191460 Active 0441 LG-Garnet of Maryland JV 52-2059945 Active 0443 Liberty Landfill, LLC. 61-1342590 Active 0444 Liberty Lane West Owners' Association 36-4163829 Active 1325 Liberty Street Development Company, Inc. 76-0697202 Active 1565 Lightning Disposal, Inc. 37-1332993 Active 0445 ILIquid Waste Management, Inc. 95-2779930 Active 1569 L mont Landfill, L.L.C. 69-0003501 Active 1577 M.S.T.S. AG NA-0000146 Active 0462 M.S.T.S., Inc. 36-3542321 Active 0451 M.S.T.S., Limited Partnership 36-3790528 Active 0456 IMationing Landfill, Inc. 34-1047662 Active 0457 Maplewood Landfill, Inc. 25-1636549 Active 0458 Marangi Bros., Inc. 22-1408583 Active 0459 Mass Gravel Inc. 04-3117495 Active 0462 jMc Ginnes Industrial Maintenance Corporation 74-1532790 Active 0461 McDaniel Landfill, Inc. 45-0399545 Active 0753 McGill Landfill, Inc. 38 3076718 Active 0463 Meadowfill Landfill, Inc. 31-1509701 Active 0464 IMichigan Environs, Inc. 38-2434760 Active 0466 Middle Island Enterprises, Inc. 55-0525092 Active 0467 Midwest Transport, Inc. 39-1829967 Active 0469 Minneapolis Refuse, Incorporated UK-0000017 Active 0470 M-L Commercial Garbage Service, Inc. 55-0673425 Active 0472 Modesto Garbage Co., Inc. 94-1643145 Active 0475 Moor Refuse, Inc. 33-=768 Active 0476 1 Mountain IrKWmky Insurance Company 034)328445 Active 1378 Mountain IrOmmity International Limited NA4X000053 Active 0479 Mountainview Landfill, Inc. 76-0548746 Active 0478 Mountainview Landfill, Inc. 25-1538716 Active 0481 Napa Valley Disposal Service, Inc. 94-2220649 Active 1570 Nassau L.andfil, LL.C. 69-0003502 Active 0482 National Guaranty Insurance Company of Vermont 36-3643755 Active 1460 Naue Serrot Beteiliiguns GmbH & Co. KG. NA40000055 Active 1461 Naue Serrot Europe GmbH & Co. KG. NA-0000056 Active 0483 Neal Road Landfill Corporation 94-2678091 Active 0486 New England CR Inc. 04-2771350 Active 0487 New Milford Landfill, L.L.C. 76-0641312 Active 1571 New Orleans Landfill, L.L.C. 694)003503 Active 0489 NH/VT Energy Recovery Corporation 02-0390004 Active 0490 Nichols Sanitation, Inc. 59-0973855 Active 0494 North Hennepin Recycling and Transfer Corporation 41-1243824 Active 0499 Northern Recycling, Inc. 13-3653031 Active 0500 Northwestem Landfill, Inc. 52-2023458 Active 0504 Nu -Way Live Oak Landfill, Inc. 68-0236308 Active 0507 Oakridge Landfill, Inc. 25-1547187 Active 0508 Oakwood Landfill, Inc. 57-0974474 Active 0509 Oil & Solvent Process Company 95-1864361 Active 0511 Okeechobee Landfill, Inc. 25-1628636 Active 0524 Orange County Landfill, Inc. 25-1683729 Active 1028 P & R Environmental Industries, Inc. 56-1803010 Active 1314 Pacific Waste Management, L.L.C. 98-0227312 Active 0530 IPalo, Alto Sanitation Company 94-1075868 Active 0532 Pappy, Inc. 52-1561430 Active 0534 Peerless Landfill Company 5M179491 Active 0536 Penn Warner Club, Inc. 51-0114842 Active 0539 Pennwood Crossing, Inc. 22-2260307 Active 0537 Pen -Rob, Inc. 86-0504613 Active 0538 Penuelas Valley Landfill, Inc. 66-0560251 Active 0540 jPeopWs Landfill, Inc. 38-3406998 Active 0541 Peterson Demolition, Inc. 41-1625867 Active 0543 Phoenix Resources, Inc. 23-2483102 Active 0545 Pine Grove Gas Development LLC 51-0372609 Active 0547 Pine Grove Landfill, Inc. 23-2388139 Active 0548 Pine Grove LarKW, Inc. 31-1509609 Active 0550 Pine Ridge Landfill, Inc. 76-0680343 Active 0551 Pine Tree Acres, Inc. 38-2544268 Active 1014 Plantation Oaks Landfill, Inc. 76-0638592 Active 0552 Poly -Jon of Savannah, Inc. 58-1160814 Active 1015 Prairie Bluff Landfill, Inc. 76-0638590 Active 1578 Promotora Ambiental SA de CV NA-0000147 Active 1582 Protocol SA de CV NA-0000151 Active 1016 Pulaski Grading, L.L.C. 76-0638043 Active 0559 1 Pullrnan Power Products Corporation 23-2146479 Active 0563 Quail Hollow Landfill, Inc. 62-1727567 Active 0564 Quality Waste Control, Inc. 41-1249787 Active 1388 Questquill Ltd. 98-0221631 Active 0565 R & B Landfill, Inc. 25-1754371 Active 0567 R.S.W. Recycling, Inc. 88-0195598 Active 1390 Rail Cycle North Ltd. NA-0000064 Active 0569 Rail -Cycle L.P. 36-3830481 Active 0571 RCC Fiber Company, Inc. 63-1084653 Active 0572 RCI Hudson, Inc. 04-3044820 Active 0573 Reco Ventures, L.P. 76-0503271 Active 0574 Recycle & Recover, Inc. 58-1836132 Active 0575 Recycle America, Inc. 16-13529W Active 0576 Recycle Minnesota Resources, Inc. 41-1687537 Active 0579 RE-CY-CO, Inc. 41-0992714 Active 0581 IRedwood Landfill, Inc. 94-1443150 Active 0583 Refuse Disposal, Inc. 55-0722986 Active 0585 Refuse Removal Systems, Inc. 94-2787728 Active 0587 Refuse Services, Inc. 59-1098850 Active 0588 Refuse, Inc. 88-0094235 Active 0589 Regional Recycling Corporation 22-2631395 Active 0591 REI Holdings Inc. 36-4124520 Active 0593 Reliable Landfill, L.LC. 72-1407945 Active 0594 Remote Landfill Services, Inc. 62-1421307 Active 0595 Reno D1 Co. 88-0087833 Active 0596 Resco Holdings Inc. 02-0424331 Active 0600 Resource Control Composting, Inc. 04-3044833 Active Resource Control, Inc. 04-2655361 Active Reuter R di of Florida, Inc. 59-2376090 Active Richland County Landfill, Inc. 58-1708996 Active E R' GeneratiStation Limited Partnership 59-3048697RIH Inc. 36-3870138 Active RIS Risk Management Inc. 764)308664 Alive 0611 1 Riverbend LarKS Co. 93-0724866 Active 0612 Rolling Meadows Landfill, Inc. 76-0325383 Active 1315 Ronnie's Sanitation Service, Incorporated 56-1289528 Active 1316 Rose Fine Rea 11-1944881 Alive 0614 jRRT Design & Construction Corp. 16-1353118 Active 0615 RRT ErrqAre of Monroe County, Inc. 16-1409567 Active 0617 RRT of New Jersey, Inc. 16-1336968 Active 0621 RTS Landfill, Inc. 58-1924102 Active 1585 Rust Associates NA-0000154 Active 0624 Rust Capital Corporation 63-1056011 Active 0625 Rust China Ltd. 36-3944887 Active 1586 Rust Construcciones Mexico NA-00WI55 Active 1393 Rust Controladora, SA de C.V. NA4000066 Active 1589 Rust Engkmft NA-0000158 Active 1584 Rust Enginwring - Brazil NA 0000153 Active 0626 Rust Engineering & Construction Inc. 63-1081016 Active 1593 Rust Engkwmft(ThaiNand) Ltd NA-00WI62 Active 0628 lRust International Holdings Inc. 36-3777345 Active 0629 Rust International Inc. 63-1081055 Active 1591 Rust Sweden Holdings NA-0000160 Active 1592 Rust VAR Projekt AB NA-0000161 Active 0635 IS & S Grading, Inc. 58-1858013 Active 0632 ISW Landfill Limited Partnership 7640404581 Active 0636 IS. V. Farming Corp. 22-2976860 Active 1394 S. E. R. B. S.A. de C.V. NA-0000067 Active 1396 Salutec SA NA-0000069 Active 0642 Sanifill de Mexico (US), Inc. 76-0419331 Active 1397 Sanifill de Mexico, S.A. de C.V. NA-0000070 Active 0644 Sanifill of Florida, Inc. 59-3366098 Active 1317 Sanifill of San Juan, Inc. NA-0000071 Active 0649 Sanifill Power Corporation 76-0496422 Active 0652 SC Holdings, Inc. 36-2898300 Active 1459 Serrot Corporation (Europe) GmbH NA-0000075 Active 0659 Serrot International, Inc. 36-3053263 Active 0503 Semot International, Inc. Sales Corp 66-0490113 Active 1400 Serubam Servioos Urbanos E Ambientais Ltda NA-0000077 Active 1580 Servidios de Tech is Ambiental SA de CV NA- M149 Active 1583 IServicios Integrates Protection Ambiental SA de CV NA-0000152 Active 0660 ISES Bridgeport L.L.C. 36-4057298 Active 0661 SES Connecticut Inc. 02-0390443 Active 0662 SF, Inc. 76-0472287 Active 0663 Shade Landfill, Inc. 23-2886198 Active 0665 IShoreline Disposal Service, Inc. 94-2680045 Active 0666 Sierra Estrella Landfill, Inc. 86-0717293 Active 0667 Signal Capital Sherman Station Inc. 02-0390302 Active 0668 Signal Resoo, Inc. 02-0381368 Active 0669 ISmyrna Landfill, Inc. 25-1562752 Active 0673 Sonoma -Marie Waste Management, Inc. 68-0016286 Active 0676 Southern Aleghenies Landfill, Inc. 25-1249160 Active 0677 South6m Plains Landfill, Inc. 73-1384828 Active 1455 Southern Services of TN, L.L.C. 62-1612922 Active 1456 Southern Services of TN, L.P. 62-1443617 Active 0679 Southem Waste Services, L.L.C. 61-1342585 Active 0681 Spruce Rklge, Inc. 41-1591957 Active 1017 Stony Hollow Landfill, Inc. 76-0638597 Active 0685 Slorey County Sanitation, Inc. 88-0264671 Active 1018 Suburban Landfiq, Inc. 76-0638596 Active 0692 Super Cycle, Inc. 41-1642303 Active 1566 Texarkana Landfill, LL.C. 69-0003497 Active 0700 The Waste Managernent Charitable Foundation 04-3073733 Active 0701 The Woodlands of Van Buren, Inc. 36-3791221 Active 0703 IThree Rivers Disposal, Inc. 81-0483309 Active 0705 TNT Sands, Inc. 57-0937314 Active 0706 Tonkown Landfill, Inc. 71-0811099 Active 0707 Town and Country Refuse, Inc. 59-1224889 Active 0708 Trail Ridge Landfill, Inc. 36-3667296 Active 0710 Transamerican Waste Central Landfill, Inc. 76-0463386 Active 0713 Transamencan Waste Industries Southeast, Inc. 76-0438549 Active 0714 Transamencan Waste industries, Inc. 13-3487422 Active 0717 Transwaste, Inc. 72-1175292 Active 0719 Trash Hunters, Inc. 64-0852590 Active 0720 Tri-County Sanitary Landfill, L.L.C. 61-0959217 Active 0723 Twin City Sanitation, Inc. 41-1535952 Active 1572 TX Newco, LLC 69-0003504 Active 0727 United Waste Systems Leasing, Inc. 38-3324143 Active 0728 United Waste Systems of Gardner, Inc. 04-3320949 Active 0730 United Waste Systems of Minneapolis, Inc. 41-1858816 Active 0731 United Waste Systems of Minnesota, Inc. 41-0837593 Active 0735 United Waste Systems, Inc. 41-1829772 Active 0736 United Waste Transfer, Inc. 41-1808172 Active 0739 USA South Hills Landfill, Inc. 25-1139448 Active 0740 USA Valley Facility, Inc. 23-2886199 Active 0743 USA Waste Geneva Landfill, Inc. 34-1802751 Active 0745 USA Waste Indusbial Services, Inc. 76-0555049 Active 1023 USA Waste Landfill Operations and Transfer, Inc. 76-0435557 Active 0741 USA Wastte- Management Resources, L.L.C. 13-3853086 Active 0749 USA Waste of California, Inc. 68-0306154 Acute 0747 USA Waste of DC, Inc. 52-1884250 Active 0750 USA Waste of Ken", L.L.C. 61-1342584 Active 0751 USA Waste of Maryland, Inc. 52-1965713 Active 0754 USA Waste of Minnesota, Inc. 41-1824399 ACfive 0756 USA Waste of Mississippi, Inc. 64-0806536 Active 0761 USA Waste of New York City, Inc 11-3301809 Active 0766 USA Waste of Pennsylvania, L.L.C. 74-2921886 Active 0769 USA Waste of Texas Landfills, Inc. 76-0322548 Acdve 0770 USA Waste of Virginia Landfills, Inc. 58-1932248 Active 0772 USA Waste of Virginia, Inc. 25-1578867 Active 0767 USA Waste San Antonio Landfill, Inc. 91 2155334 Active 0774 USA Waste Services North Carolina Landfills, Inc. 56-1982455 Active 0775 USA Waste Services of Nevada, Inc. 7640656629 Active 0776 USA Waste Services of NYC, Inc. 11-M1808 Active USA Waste Services -Hick Hills, L.L.C. 61-1342594 Active 10777 0737 USA-Crinc, Inc. 04-3299253 Active 0781 UWS Barre, Inc. 04-3320948 Active 0787 Valley Garbage and Rubbish Company, Inc. 95-2090787 Active lVan Handel Waste, Inc. 39-1575458 Active 10789 0791 VerWs Refuse Service, Inc. 4540435644 Active 0792 VHG, Inc. UK-0000023 Active 0993 Vickery Environmental, Inc. 31-1153176 Active 0794 Voyageur Disposal Processing, Inc. 41-1734827 Active 0795 Voyageur Leasing, Inc. 41-1822351 Acute 0796 Voyageur Services, Inc. 41-1766783 Active 0797 WM Risk Management, Inc. 06-1165313 Active 0801 Warner Company 51-0281233 Active 0802 Warner Hill Development Company 34-1043478 Active 0805 Wasco Landfill, Inc. 68-0236309 Active 0811 lWaste Away Group, Inc. 63-0898842 Active 0812 Waste Control Systems, Inc. 41-1800466 Active 0742 Waste Management Arizona Landfills, Inc. 86-0683003 Active 1417 Waste Management Austria mbH NA-0000092 Active 0814 lWaste Management Collection and Recycling, Inc. 95-2621587 Active 1418 Waste Management Conboladora, S.A. de C.V. NA-0000093 Acute 1419 Waste Management de Mexico S.A. de C.V. NA-0000094 Active 0816 Waste Management Disposal Services of Colorado, Inc. 84-1004487 Active 0817 Waste Management Disposal Services of Maine, Inc. 01-0392888 Active 0818 Waste Management Disposal Services of Maryland, Inc. 36-2898301 Active 0819 Inc. 04-2320990 Active 0820 lWaste Management Disposal Services of Oregon, Inc. 364548405 Active 0822 lWaste Management Services of Pennsylvania, Inc. 23-1655318 Active 0823 lWaste Management Disposal Services of Virginia, Inc. 36-3791008 Active 0824 lVftste Management Disposal Services of Wash' ,.Inc. 36-3743343 Active 1421 Waste Management Environmental Services B.V. 98-0356001 Acfve 0825 Waste Management Environmental, L.L.C. 36-4290120 Active 0829 Waste Management Finand Corporation 36-4200855 Active 0831 Waste Management Holdings, Inc. 36-2660763 Active 0903 lWaste Management Inc. of Fkxida 59-1094518 Active 1422 Waste Management International B.V. NA-0000096 Active 1424 Waste Managenwd International plc NA-0000097 Active 1425 Waste Ma International Services (UK) Limited NA-0000098 Active 1426 Waste Ma International Services Ltd. 98-0336025 Active 0832 Waste Management International, Inc. 36-3255004 Active 1423 Waste Management International, Ltd. NA-0000099 Active 0833 Waste Management Municipal Services of California, Inc. 77-0151385 Active 1476 Waste Management National Services, Inc. 76-0686861 Active 1024 Inc. 04-3509618 Active 0834 lWaste Management of Alameda County, Inc. 94-0727420 Active 0748 lWaste t of Alaska, Inc. 91=1879241 Active 0835 lWaste Management of Arizona, Inc. 86-0. 98265 Active 0836 lWaste Management of Arkansas, Inc. 04-2814811 Active 0837 lWaste Management of California, Inc. 95-1735737 Active 0839 lWaste Man t of Carolinas, Inc. 56-0731307 Active 0840 Waste Ma t of Central Florida, Inc. 59-1991460 Active 0841 Waste Management of Colorado, Inc. 84-0523684 Active 0843 Waste Manageffient of Connecticut, Inc. 06-1485581 Active 0844 lWaste Man of Delaware, Inc. 51-0094505 Active 0845 Inc. 37-1035820 Active 0846 Waste Management of Flint, Inc. 91 2165354 Active 0847 Waste Management of Florida Holding Company, Inc. 36-3993947 Active Waste Management of Georgia, Inc. 36-3319564 Active 10848 1019 Waste Management of Hawaii, Inc. 76-0638599 Active 0852 Waste Management of Idaho, Inc. 82-0364976 Active Waste Management of Illinois, Inc. 36-2660859 Active 10853 0854 lWaste Management of Indiana Holdings One, Inc. 36-4039079 1 Active 0855 Waste Management of Indiana Holdings Two, Inc. 364059574 Active 0856 Waste Management of Indiana, L.L.C. 36-4071447 Active 0858 Waste Management of Iowa, Inc. 42-0824220 Active 0859 Waste Management of Kansas, Inc. 48-0634806 Active 0860 Waste Management of Kentucky Holdings, Inc. 36-4059575 Active 0861 Waste Management of Kentucky L.L.C. 36-4035849 Active 0862 Waste Management of Leon County, Inc. 36-3319565 Adve 0863 lWaste Management of Louisiana Holdings One, Inc. 36-4142119 Active 0865 lWaste Management of Louisiana, L.L.C. 36-4119910 Active 0866 Waste Management of Maine, Inc. 01-0267739 Active 0868 Waste t of Maryland, Inc. 5240250430 Active 0869 Waste Ma of Massachusetts, Inc. 04-2535063 Active 0544 Waste Management of Metro Atlanta, Inc. 58-1937966 Active 0870 Waste Manag of Michigan, Inc. 38-1214786 Active 0871 Waste Management of Minnesota, Inc. 36-26MO Active 0872 Waste ement of Mississippi, Inc. 36-3005295 Active 0873 Waste Management of Missouri, Inc. 43-0992367 Active 0874 Waste Management of Montana, Inc 36-3564773 Active 0875 Waste Ma ement of Nebraska, Inc. 36-3469702 Active 0758 Waste Management of Nevada, Inc. 88-0394159 Ac;bive 0876 Waste Management of New Hampshire, Inc. 04-2482447 Active 0877 Waste of New Jersey, Inc. 36-3700143 Adtive 0878 Waste Management of New Mexico, Inc. 85-0229MO Active 0879 Waste Managenvent of New York, L.LC. 36-4206797 Active 0880 Waste t of North Dakota, Inc. 36-3798294 Active 0763 Waste t of Ohio, Inc. 25-1673264 Active 0883 Waste Management of Oklahoma, Inc. 73-0685975 Active 0764 Waste M t of Oregon, Inc. 93-0612655 Active 0885 Waste nt of Pennsylvania, Inc. 25-1232336 Alive 0886 Waste Management of Rhode Island, Inc. 36-3668109 Active 0887 Waste Management of South Carolina, Inc. 36-2935124 Active 0888 Waste Management of South Dakota, Inc. 4640348394 Active 0889 Waste t of Texas, Inc. 75-1223528 A dive 0718 Waste ement of Tunica Landfill, Inc. 64-0869334 Active 0890 Waste t of Utah, Inc. 874=156 Active 0892 Waste L4mqpiwt of Virginia, Inc. 54-0755417 Alive 0806 Waste I I of WashingtDn, Inc. 36-3846342 Active 0893 Waste M t of West Virginia, Inc. 36-MI98 Active 0894 Waste Management of Wisconsin, Inc. 39-0967466 Active 0895 Waste t of Wyoming, Inc. 36-3828554 Alive 0896 Waste Management Paper Stock Company, Inc. 36-3726719 Active 0897 Waste Management Partners, Inc. 36-3220911 Active 0898 Waste Management Plastic Products, Inc. 36-3761543 Alive 1558 lWaste Management Quebec Holdings, Inc. 76-0695141 Active 0899 Califomia, Inc. 95-2370376 Active 0773 Waste Management Recycling of New Jersey, Inc. 22-2508079 1 Active 1034 1431 1432 1441 0779 0902 0904 0905 PO3 0908 0912 0913 0914 0915 0916 0917 0919 0921 1475 1573 588 0929 0154 0180 0930 0931 0936 0937 0938 0940 0941 0942 0943 0944 0946 0947 0948 0949 Waste Management Service Center, Inc. Waste Management Services SA Waste Management South America B.V. Waste Management Technology Center, Inc. Waste Management Thailand B.V. Waste Management Transfer of New Jersey, Inc. Waste Management, Inc. Yvacta Management. Inc. of Tennessee Waste Resource Tecnnoiog'es Waste Resources of Tennessee, Inc. Waste to Energy Holdings, Inc. Waste to Energy I, LLC Waste to Energy 11, LLC Wastech Inc. Webster Parish Landfill, L.L.C. WESI Baltimore Inc. WEST Capital Inc. WEST Peekskill Inc. WESI Westchester Inc. West Essex Disposal Co., Inc. Westchester Resco Associates, L.P. westchester Waste Services Co., L.L.C. -Westem One Land Corporation Westem U.P. Landfill, Inc. Westem Waste Industries Westem Waste of Texas, LLC Wheelabrator Alloy Castings Ltd Wheelabrator Baltimore, L.L.C. Wheelabrator Baltimore, L.P. uvh"inhmtnr Bridaeoort L.P. Wheelabrator Carteret Inc. Wheelabrator Cedar Creek Inc. Wheelabrator Claremont Company, L.P. Wheelabrator Concord Company, L. P. Wheelabnator Concord Inc. Wheelabrator Connecticut Inc. Wheelabrator Culm Services Inc. 11Vheelabrafor Environmental Systems Inc. Wheelabrator Falls Inc. Wheelabrator Frackville Energy Compai Wheelabrator Frackville Properties Inc. Wheelabrator Fuel Services Inc. Wheelabrator Gloucester Company, L.P. Wheelabrator Gloucester Inc. Wheelabrator Guam Inc. wheeiabrator Hudson Energy Company Inc. Inc. 76-0659309 NA-0000101 NA-0000102 36-3519386 98-0204718 22 2564195 73-1309529 36-2935128 94-3115054 54-08=53 76-0652923 02-0519035 02-0519036 93-0936732 62-1772690 02-0357495 36-3861933 02-0363274 02-0360305 22-1844476 02-=7753 13-4064749 764MM4 38-3110170 95-1946054 69-0003505 NA-0000157 364M7301 36-4057307 36-4057309 364148540 02-0390003 02-0394017 02-0393450 36-3908786 02-0442574 02-0412779 04-3024782 02-0393452 04-3100742 02-0442576 02-0396724 02-0391601 36-3926262 04-3048379 Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active .Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Wheelabrator Land Resources Inc. 04-30316 13 Active 0950 0951 lWheelabrator Lassen Inc. 36-3926261 Active 0609 Wheelabrator Lisbon Inc. 61-1167063 Acute 0952 Wheelabrator Martell Inc. 36-4051558 Active 0953 Wheelabrator McKay Bay Inc. 36-3240315 Active 0954 Wheelabrator Millbury Inc. 02-0412788 Active 0955 Wheelabrator New Hampshire Inc. 02-0390002 Active 0956 Wheelabrator New Jersey, Inc. 02-0391598 Active 0957 Wheelabrator NHC Inc. 02-0393448 Active 0460 Wheelabrator North Andover Inc. 36-3062971 Active 0958 Wheelabrator North Broward Inc. 04-3030218 Active 0959 Wheelabrator North Shore Inc. 02-0416066 Active 0960 Wheelabrator Norwalk Energy Company Inc. 024)395269 Active 0961 Wheelabrator Penacook Inc. 02-0393449 Active 0962 Wheelabrator Pinellas Inc. 36-3110153 Active 0963 Wheelabrator Polk Inc. 36-3820155 Active 0966 Wheelabrator Putnam Inc. Wheelabrator Ridge Energy Inc. Wheelabrator Saugus Inc. 36-3908789 36-3820153 13-2740971 Active Active Active 0967 0968 0584 Wheelabrator Saugus, J.V. 04-2530905 Active 0969 lWheelabrator Shasta Energy Company Inc. 024395274 Active 0970 lWheelabrator Sherman Station Energy Company, G.P. 02-0390349 Active 0971 Wheelabrator Sherman Station One Inc. 02-0390312 Active 0972 Wheelabrator Shennan Station Two Inc. 02-0390311 Active 0973 Wheelabrator Shrewsbury Inc. 02-0416064 Active 0974 Wheelabrator South Broward Inc. 02-0410154 Active 0975 Wheelabrator Spokane Inc. Wheelabrator Technologies Inc. 02-0416522 22-2678047 Active Active 0977 0976 Wheelabrator Technologies International, Inc. 36-3965264 Acute 0920 Wheelabrator Westchester, L. P. 02-0367751 Active 0980 White Lake Landfill, Inc. 384889893 Active 0985 IWIlliams Landfill, L.L.C. 61-1342579 Active 1556 JWM E Solutions, Inc. 76-0695139 Active 0987 IVYM International Holdings, Inc. 76-0607203 Active 1020 WM Landfills of Georgia, Inc. 7�1 Acute 1021 WM Landfills of Michigan, Inc. 764638598 Active 0613 WM Landfills of Ohio, Inc. WM Landfills of Tennessee, Inc. 31-1609696 62-1462526 Active Active 0647 1579 WM Mexico Services SA de CV NA-0000148 Active 0989 WM Partnership Holdings, Inc. WM Resources, Inc. 36-3974344 25-1536159 Ave Active 0990 1440 WM Services SA NA4=108 Ac:bve 1013 JWM Trading, Inc. jwm Transportation Services, Inc. JWMI Medical Services of Indiana, Inc. 76-0638594 76-0639311 35-1724992 Active Active Active 0991 0992 0994 JWMI Mexico Holdings, Inc. 36-3912290 Active WMNA Container Recycling, Inc. 36-3716971 Active IOg96 0997 WMNA Rail -Cycle Sub, Inc. 36-3706246 Active 1575 WMST Illinois, L.L.C. AF-0000034 Active 1576 WMST Nevada, L.L.C. AF-0000035 Active 0928 WTI Air Pollution Control Inc. 36-4110833 Active 1002 WTI International Holdings Inc. 36-3908839 Active 1005 WTI Rust Holdings, Inc. 02-0351425 Active 1006 1007 Wynne's Rubbish & Recycling, Inc. Yell County Landfill, Inc. 41-1619393 71-0692520 Active Active 1008 Zenith/Kremer Material Recovery, Inc. 41-1735813 Active 1009 Zendh/Kremer Waste Systems, Inc. 41-1405460 Active Chubb POWER Federal Insurance Company Attn.: Surety Department KIOF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know m by These Presents, That FEDERAL INSURANCE COMPANY. an kndiara cape olio n, VIGLANT INSURANCE COMPANY. a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby eonsftft and appoint Donald R. Gibson, Robert L. Bruce, Sandra Parker, William Martin, Melissa Haddick and Tannis Mattson of Houston, Texas --- ------------------------------------------- ------------------------ each as theirtrue and lawful Attomey-in-Fad to ero mile under such designation in their names and to aft theircorporate seals to and d*m for and an Ureic b~ as sunny thereon or otherwise. bonds and underleld gs and other w Mnp obligatory In the nature Owed (other Ilm bell bonds) given or executed In the cause of business, avid any katrurrnenls wwv*g or aRerkg the same, and corvsenls to the modification or alteration of arty instrument referred to In said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY have each eaectrted and attested these presents and aflboed their corporate seals on this 14th dayof December, 2001 op 1-4,� a - - 7z�-e 1147 C. Wendel. Assistant SwisWq E. Robertson, Vice STATE OF NEW JERSEY ss. Cou* d Somerset on this 14 th day d December, 2001 ,before me. a Notary Poba of New Jan ey, pwoornWIV cam. ICe mod C. Wo . to me brown b be Assistant SecrMwy of FEDERAL. PMAVNCE COMPANY. VIC LMT INSURANCE COMPANY. and PACM WDEWM COMPANY. the comparnl.s which s=a tad the faegokng Povwr d ALlomey. and Vw said Ka vwM C. Wendel b ft by me duly swan, did dspme and ay that he le Aeswert secretary of FEDERAL. INSURANCE COMPANY. VKMUWT INSURANCE COMPANY, and PACIFIC WDEMNMY COMPANY and knows the oorpn -"@ seats d wof. fish the sssis - O l d b tlw tongol ig Power of Mlonwy ors such capaaN seals and were #Hereto sfrcoed by aulhorlly of the By -Laws of said Cornpodw and that he signed said Power of AsonW as Asskbd SecmWy at said Compannies by Nos auan kr. and than he is sequairded wish Frank E. Robedw n. and brows him to be Vb sir d said Co�ry�enies; and than the rig ---W nett E. Roertson b. subscribed to said Power of Mtomw is in the genuine handwrking d Frank E. thereto snbscribed by sulhority of saki am" presernoe. �'rn No�ry Public %te of New Jerre pv8t►c N0. 2231647 ► ot" P� Ewad ham Ua By-Urm of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, end PACIFIC INDEMNITY COMPANY: 'AI piers of aft, wy for and on behalf of the CompwW may end steal be executed in the rarrne and on behalf of the Compo y, shiner by the Chairman or the President ore Via President or an Assistant Vbe President, jokNly wkh the Secretary or an Assistant Soadwy, under Vwk respective desigraolions. The sign sturee of such oft rs nay be engraved, prinked or WAtograptned. The signature of each of the following officers: Chairman, President, any Vim President, any Assisbnt Vice PresidoK any Secrdary. snr Assistant Sea sty and Una seal of the Company may be offbted by fecsknile to any power of atbrney or to any cetfir—te releth do oppaird, Assistant Seaderiss or Aklomrysdn-Fad for purposes only of eoecuft and sde nNnp bads end underlelcings and other wrilings obligatory in the ndin Uand eery such power d attorney or certiflaft bearing such faces rule sigmstue or fa cskrtle sal shall be void and bkrding upon the Company and any such power so eoeculed end eerlified by such foaknle souti a and fecsimle seel shell be void end bkrdkg upon the Cornperry wlh reaped to any bond or undertaking to which k is aftedwe I, Kerv*M C. Wendel. AssWm t Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, end PACIFIC INDEMNITY COMPANY Ma OCoqxmiss!) do hereby certify that (1) the foregoing oth er o(the By-Lawvs of the Compw** k true and cared, M the Companies are duly ioeraed and atlhort wd Io transact surety brwirese In air 5D of the Unied sleeks of A nerice and the District d Coknth and are a bodied bythe U.S. Tnesetry Depubew t; flultror. Federal and Vigilant are Icernsed in PuwIo Rion and tta U. S. Vkgh hiarrds, and Federal rs 11c o red h A wkmnn Samos. Guam. and each of the PmWrK es of Canada Prime Edward island; and (i� Una foregoing Power of /Attorney is true, eon and in furl force and Given under my land and seals of ssid Compenies st Women, NJ this day of Kammelh C. Wendel, Assistant secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: suretyQchubb.corn 15.1"ns rct s.og COMeff LA Q jN� June 14, 2004 Mr. Jerry Herman Community Development Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Updated Performance Bond No. 6224783 Dear Mr. Herman: WASTE MANAGEMENT 41.575 Eclectic Street Palm Desert, CA 92260 (760)340-2113 (760)340-0417 Fax www.wmdesert.com Please find enclosed an updated Performance Bond as required in the contract for Recycling Services. This bond will remain in effect until August 1, 2005. If you have any questions, please contact me. Sincerely, Frank. Orlett District Manager Enclosure FO/ph e Fa S A F ECOO CONTINUATION CERTIFICATE SAFECO INSURANCE COMPANY OF AMERICA a certain Bond No. 6224783 dated effective August 12003 (MONTH -DAY -YEAR) on behalf of Waste Management of California, Inc. (PRINCIPAL) and in favor of City of La Quinta (OBLIGEE) does hereby continue said bond in force for the further period beginning on August 1 2004 (MONTH -DAY -YEAR) and ending on August 1 2005 (MONTH -DAY -YEAR) Amount of bond $1,000,000.00 Description of bond Recycling Services Premium: N/A , Surety upon PROVIDED: That this continuation certificate does not create a new obligation and is executed upon the express condition and provision that the Surety's liability under said bond and this and all Continuation Certificates issued in connection therewith shall not be cumulative and that the said Surety's aggregate liability under said bond and this and all such Continuation Certificates on account of all defaults committed during the period (regardless of the number of years) said bond had been and shall be in force, shall not in any event exceed the amount of said bond as hereinbefore set forth. Signed and dated on June 4 2004 (MONTH -DAY -YEAR) SAFECO INSURANCE COMPANY OF AMERICA MARSH USA, INC. Agent 1000 MAIN, SUITE 3000, HOUSTON, TX 77002 Address of Agent 713-276-8528 Telephone Number of Agent SEAL l9� S-0157/SAEF 01/02 ® A registered trademark of SAFECO Corporation FRP IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company, American States Insurance Company of American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium charge resulting from this Act. S-6248 2103 y SAFECO Insurance Company WrApa S A F EC O® POWER PO Box 34MS OF ATTORNEY Seattle, WA 98124-1526 No. 5713 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **********DONALD R. GIBSON; SANDRA PARKER; WILLIAM L. POWER; MELISSA HADDICK; TANNIS MATTSON; JACQUELINE KIRK; CURTIS WILLEFORD; SOP— MARTINEZ: TF-M MORRISON; MARY ANN GARCIA; Houston, 1N1 a 1 & 11��M+k�+1�ki�k#�k�+M+M+UidM+InM+M#�M�M�M�M+11�**�k�luMlnMt�kBM its true and lawful atlomey(s)4n-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 7th R.A. PIERSON, SECRETARY CERTIFICATE day of November 2001 4 �' C��4' a,.., MIKE M PGAVICV., PRESIDENT Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fad or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (III) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation 4 - this day of / !E SEAL SEAL a 1953 1XZ"� Of S-09741SAEF 2/01 R.A. PIERSON, SECRETARY ® A registered trademark of SAFECO Corporation 1117101 POF WW% 1 June 16, 2005 Mr. Tom Genovese City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA '92253 Re: Updated Bond Numbers 6224770 and 6224783 Dear Mr. Genovese: z 2 0 5 WASTE MANAGEMENT 41-575 Eclectic Street Palm Desert, CA 92260 (760)340-2113 (760)340-0417 Fax www.wmdesert.com Please find enclosed the updated bond #6224770 for Trash Disposal as well as bond #6224783 for Recycling Services, both required in the contract between the City of La Quinta and Waste Management Inc. These bonds will both remain in effect until August 1, 2006. If you have any questions, please contact me. Sincerely, Frank Orlett District Manager Enclosures FO/ph M Gina A. Rodriguez Marsh USA, Inc. 1000 Main MARSH Suite 3000 Houston, Texas 77002 713 276-8661 Fax: 713 276-8538 gina.a.rodriguez@marsh.com June 10, 2005 Porsche Hughes WM of California, Inc. 41-575 Eclectic Street Palm Desert, CA 92260 Subject: City of La Quinta Bond No. 6224783 Dear Porsche: Enclosed please find the renewal for the referenced bond. It is ready for submission to the Obligee. Should you have any questions please do not hesitate to call me. Sincerely, Gina A. Rodriguez Client Representative /gar enclosure \\USHOUFP01 \grodri06$\ WORD\WM FORMS\RENE W AL CO V ER. doc ,31 SAFECO' CONTINUATION CERTIFICATE SAFECO INSURANCE COMPANY OF AMERICA a certain Bond No. 6224783 dated effective August 1 2003 (MONTH -DAY -YEAR) onbehalfof Waste Management of California, Inc. (PRINCIPAL) and in favor of City of La Quinta (OBLIGEE) does hereby continue said bond in force for the further period beginning on August 1 2005 (MONTH -DAY -YEAR) and ending on August 1 2006 (MONTH -DAY -YEAR) Amount of bond $1,000,000.00 Description of bond Recycling Services Premium: N/A , Surety upon PROVIDED: That this continuation certificate does not create a new obligation and is executed upon the express condition and provision that the Surety's liability under said bond and this and all Continuation Certificates issued in connection therewith shall not be cumulative and that the said Surety's aggregate liability under said bond and this and all such Continuation Certificates on account of all defaults committed during the period (regardless of the number of years) said bond had been and shall be in force, shall not in any event exceed the amount of said bond as hereinbefore set forth. Signed and dated on June 9 2005 (MONTH -DAY -YEAR) SAFECO INSURANCE COMPANY OF AMERICA Marsh USA, Inc. Agent 1000 Main St., Suite #3000, Houston, TX 77002 Address of Agent 713-276-8000 Telephone Number of Agent S-0157/SAEF 01102 ® A registered trademark of SAFECO Corporation FRP IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of Americas, First National Insurance Company, American States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances, we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond, or any generally applicable rules of law. At this time, there is no premium charge resulting from this Act. O® POWER SAFECO Insurance Company S A F E C PO Box 34526 OF ATTORNEY Seattle, WA 98124-1526 No. 5713 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **********DONALD R. GIBSON; SANDRA PARKER; WILLIAM L. POWER; MELISSA HADDICK; TANNIS MATTSON; JACQUELINE KIRK; CURTIS WILLEFORD; JOE MARTINEZ; TERRI MORRISON; MARY ANN GARCIA; Houston, Texas*************************************************************************************** its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 7th R.A. PIERSON, SECRETARY CERTIFICATE day of November 2001 4 Ip- CX4_1 C` MIKE M GAVICK, PRESIDENT Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this l SEAL y SEAL \1953 1a2's op ofWasl. e S-0974/SAEF 2/01 day of J- R.A. PIERSON, SECRETARY 1 oU 5 0 A registered trademark of SAFECO Corporation 1177/01 PDF