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AGREEMENT WITH
California Wood Recycling, Inc. DBA Agromin
for
SB 1383 Procurement
SERVICES AGREEMENT
FOR THE CITY OF FULLERTON & AGROMIN
THIS AGREEMENT is made and entered into between City of Fullerton, a Municipal Corporation (“City”) and California Wood Recycling, Inc. DBA Agromin (“AGROMIN”). City and Agromin agree as follows:
Agromin to deliver the following services as part of guaranteeing City’s full compliance with SB 1383 purchase requirements:
License to access CaliforniaCompost.net Customer Portal where all records of transactions completed using the platform will be tracked and formatted according to CalRecycle requirements. Log-in Details found in (Exhibit A) Assistance in identifying Direct Service Provider(s) as required by the City to redirect any abundance of compost to meet purchase volume compliance.
Agreement between Direct Service Provider and Jurisdiction (Exhibit B) Production of all required paperwork for CalRecycle reporting:
Solid Waste Handling permit
Qualified compost with authorized lab test results complying with Title 14, STA, and OMRI certifications) (Exhibit C) Spreadsheet detailing all purchases, where it was used and what it was used for (Exhibit D) Pricing for products and transportation available to the City Compost 100 – $15.00/per ton
Transportation – $10.00/per ton
Terms & Conditions (Exhibit E)
Warranty and returns policy
Term of the Agreement
Total tons of compost required to purchase to comply in 2023 is 1,941 tons Launch date November 1, 2023
One year agreement terminating November 1, 2024 with the option to extend for two additional years through October 2026
Agreement can be terminated at the end of year one if we receive notification of Intent to Terminate prior to October 1, 2024 City: City of Fullerton
Michelle Keshishian
Solid Waste & Recycling Specialist
Fullerton, CA 92833
Service Provider: Agromin
Craig Campbell
201 Kinetic Drive
Oxnard, CA 93030
Each party may change the address at which it gives notice by giving ten (10) days advance, written notice to the other party.
K. AUTHORITY TO EXECUTE. TC The person or persons executing this Agreement on behalf of Agromin warrant and represent that they have the authority to execute this Agreement on behalf of their agency and further warrant and represent that they have the authority to bind Agromin to the performance of its obligations hereunder.
AGREED to this ______ day of __________, 2023 by the parties as follows.
CITY OF FULLERTON
By: _____________________________
Michelle Keshishian
Solid Waste & Recycling Specialist
AGROMIN
By: __________________________________
Bill Camarillo
CEO
Exhibit A
Login Details for the City of Fullerton
Dedicated Platform Users will be as follows: (no limit on number of users) Name: Email:
John Doe …
Jane Snow …
Username & Password: Each user will be sent by email directly. It is recommended to change the password on the first login.
Access to Online training materials: Available on the CaliforniaCompost.net Platform. Access will be provided upon initiation of Agreement.
Exhibit B
Agreement between Direct Service Provider and Jurisdiction Terms and Conditions
By placing this order through Agromin/California Compost, [Direct Service Provider] agrees to procure and use the product(s) on behalf of [Jurisdiction] for the purpose of facilitating [Jurisdiction] compliance with Senate Bill 1383’s implementing regulations’ recovered organic waste product procurement requirements, as described in the California Code of Regulations Title 14, Division 7, Chapter 12, Article 12 – Procurement of Recovered Organic Waste Products (14 CCR 18993.1 et seq.). [Direct Service Provider] agrees to provide the location of the use of the application and a general description of the use of the product(s). [Direct Service Provider] agrees to allow Agromin to include this and other documents evidencing the use of products on behalf of [Jurisdiction] with [Jurisdiction]. [Direct Service Provider] agrees to hold harmless [Jurisdiction] for any injuries to person or property arising out of the delivery or use of the products.
Signature: ________________________________________
Name: ___________________________________________
Company: ________________________________________
Date: ____________________________________________
Information below can be provided by separate document if desired:
Product(s) to be purchased: __________________________________________ Quantity of product(s) to be purchased: _________________________________ Intended use of the product(s): ________________________________________ Location(s) where product would be used: _______________________________ Exhibit C
Product Sheet
Product Sheet for:
HYPERLINK "https://californiacompost.net/uploads/Cal_Comp_Prod_Sheet_Compost_100_090922_875dc5ffd8.pdf"Compost 100 Exhibit D
Exhibit E
Agromin
TERMS & CONDITIONS
Thank you for your recent purchase from Agromin. We stand by our products 100% and ultimately want our customers to be happy with the products they purchase. In order to help clarify our post-sales support, please refer to our Sales and Claims Policies and our general business conditions found below.
SALES POLICY
Orders are subject to product availability
Quantity/volume ordered is the order shipped. Some settling of materials is expected during transport. All loads are weighed on a digital scale before departing for delivery. Details of this can be found on the delivery documents Shipped items are listed on the invoice at current prices Federal, State, Provincial or local assessment on sales, excise or other taxes shall be paid by the purchaser unless a previously provided Resale Number is on file
REPACKAGING PROHIBITION
It is strictly prohibited to repackage this product for resale, with or without identification of the original manufacturer, without the advance written permission of Agromin.
STANDBY TIME
Fifteen (15) minutes free unloading time is included in the deliver charge. Standby time will be charged at the rate of $25 per every 15 minutes thereafter.
RESERVE THE RIGHT TO REFUSE
Agromin at its sole discretion holds the right to refuse sale, deliver and or service to anyone.
WARRANTY CLAIMS & RETURNS
LIMITED WARRANTY POLICY
Agromin expressly warrants that the composition of its product conforms to the product description.
Agromin stands behind the quality of ALL its products. If for some reason there is a need to make a warranty claim, the following will be required:
A simple explanation of how the product didn’t match what was ordered Supporting photographs, soil samples and or lab results supporting the reason for the warranty claim. Agromin will review the claim internally and may have further questions to confirm the claim. Our main objective is to resolve the issue.
Proof of Purchase
Send all claim information to [email protected] All genuine warranty claims will receive a full refund or will be provided with a replacement order at no cost.
Warranty claims valid up to 60 days from purchase date
RETURN POLICY
Agromin is willing to provide 100% reimbursement of the product price for any customer regardless of the reason.
For a Warranty Claim then please see the Limited Warranty Policy above.
All other returns will receive a full product price refund if requested, but claimant is liable for the following fees:
Restocking Fee of 20%
Payment of all transportation charges to and from the delivery location Returns required within 5 days of purchase date
WARRANTY DISCLAIMER
This product is sold AS IS and, except for the Limited Warranty above, there are no other warranties, whether written, oral or implied. Specifically, there are no implied warranties of fitness for particular purpose, merchantability, performance or quality. The entire risk as to the quality and performance of the goods is with the buyer.
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