AgdaPkt 2018-03-26 Joint SA PFA - Laserfiche WebLink

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REV: 03-16-18 MI ATTY/AGR/2018.054/RECOLOGY OF SAN MATEO Page 104 of 119 Not seasonally adjusted 4229 Periodicity – Bi-monthly 4230 Series ID – cuura422sa0 4231 13.04 ALTERNATIVE SECURITY 4232 Agency may, in its sole discretion, allow Contractor to provide alternative security in the 4233 amount set forth in Section 13.03, in the form of (a) a prepaid irrevocable standby letter of 4234 credit in form and substance satisfactory to Agency, approved by the Agency's Attorney 4235 and issued by a financial institution acceptable to Agency, or (b) a certificate of deposit in 4236 the name of the Agency and in a form and with a term satisfactory to Agency, accompanied 4237 by an agreement giving Agency the right to draw on the funds deposited satisfactory to 4238 Agency and with a financial institution acceptable to Agency. Interest on the certificate of 4239 deposit will be payable to Contractor. 4240 13.05 HAZARDOUS WASTE INDEMNIFICATION 4241 Contractor shall indemnify, defend, and hold harmless the Indemnitees against all claims, 4242 of any kind whatsoever paid, incurred, or suffered by, or asserted against Indemnitees 4243 arising from or attributable to any repair, cleanup or detoxification, or preparation and 4244 implementation of any removal, remedial, response, closure. or other plan (regardless of 4245 whether undertaken due to governmental action) concerning any Hazardous Wastes 4246 released, spilled. or disposed of by Contractor pursuant to this Agreement. The foregoing 4247 indemnity is intended to operate as an agreement pursuant to Section 107(e) of the 4248 Comprehensive Environmental Response, Compensation and Liability Act, (“CERCLA”), 4249 42 U.S.C. Section 9607(e), and California Health and Safety Code Section 25364, to 4250 defend, protect, hold harmless. and indemnify Indemnitees from liability and shall survive 4251 the expiration or earlier termination of this Agreement. Notwithstanding the foregoing, 4252 Contractor is not required to indemnify the Indemnitees against claims arising from 4253 Contractor's delivery of Solid Waste, Recyclable Materials, and Organic Materials to the 4254 Designated Transfer and Processing Facility, or their subsequent delivery to other 4255 processing locations or the ultimate Disposal Site, unless such claims are due to 4256 Contractor's negligence or willful misconduct. 4257 13.06 INDEMNIFICATION RELATED TO VARIOUS STATE REQUIREMENTS 4258 Contractor agrees to indemnify and hold harmless the Indemnitees against all fines and/or 4259 penalties imposed by the California Department of Resources Recycling and Recovery 4260 (CalRecycle) or the Local Enforcement Agency (LEA) based on Contractor’s failure to 4261 comply with laws, regulations. or permits issued or enforced by CalRecycle or the LEA or 4262 caused or contributed to by the Contractor’s failure to perform obligations under this 4263 Agreement. This indemnity obligation is subject to the limitations and conditions in Public 4264 Resource Code Section 40059.1 but is enforceable to the maximum extent allowable by 4265 that Section. This indemnity shall survive the termination or earlier expiration of this 4266 Agreement. The indemnity shall pertain to the Act, AB 341, AB 901, AB 1826, AB 1594, 4267 SB 1016, SB 1383, and other laws, regulations. or permits issued or enforced by the 4268 CalRecycle or the LEA. 4269 6.2.B. - Page 117