In addition to all the provisions of Chapter 2 of Division 3 of Title 3 of the San Bernardino County Code, the following are prerequisite to issuance or renewal of a Class A Permit:
(a) Applicants for a Class A Permit or a renewal thereof must complete the Department verified application form which shall include:
(1) Complete name and description of the applicant;
(2) Permanent home address and business addresses of the applicant;
(3) Trade, dBA, fictitious business and firm names the applicant operates under;
(4) If a joint venture, partnership or limited partnership, the names of all participants and/or partners. If a corporation, the name of each officer, the nature of their office or participation and their permanent address; and the name and address of the agent for service of process.
(5) The location of all appropriate waste facilities that will be used together with a statement indicating that the waste being delivered to each site will be within the classification limits of that site;
(6) The geographical boundary of the area for which the Class A Permit is to apply;
(7) Facts showing that the applicant is qualified to render efficient service. This statement shall include any prior experience that will help establish the applicant’s capability to perform this function. New applicants shall include a written statement of net worth or other financial data that will establish the applicant’s capability to discharge applicant’s obligations under the applicable provisions of this Article.);
(8) An applicant for a Class A Permit, if applying for a permit to service 500 or less customers, shall give the number of customers that the Class A applicant proposes to serve.
(9) That the applicant owns or controls sufficient refuse vehicles and other necessary equipment in good mechanical condition to adequately conduct the proposed refuse collection business. That the applicant owns or has access to suitable facilities for maintaining the vehicles and other necessary equipment in a clean and sanitary condition;
(10) That the refuse collection/ transportation vehicles and equipment of the applicant conform to all applicable provisions of this Chapter; the issuance of a Class A Permit is in the public interest in that it is likely to satisfy an existing public need; and
(11) Such other facts or information as Department may reasonably require.
(b) Indemnification. Separate and distinct from the insurance provisions required by this Division, each permittee shall appear and defend (with counsel approved by County) all actions against the Department and the County, and the permittee agrees to defend, indemnify, and hold the County and/or its officers, agents, volunteers and employees harmless from and against, any and all claims and demands, causes of action of every kind and description, damages, liabilities, costs or expenses for any damages or injuries to any person or property, including, but not limited to, injury to permittee’s officers, agents, or employees which arise directly or indirectly from or are connected with or are caused or claimed to be caused by acts, errors or omissions of permittee, or its officers, agents, or employees, in exercising its rights or in performing its duties under its permit or under this Division, and all costs and expenses of investigating and defending against same; except to the extent such indemnification is prohibited by law.
(c) Insurance. The Class A Permit holder shall obtain and keep in force during the term of said permit, comprehensive general and vehicular liability insurance of at least $1,000,000.00 combined single limits for bodily injury and property damage and a program of Workers’ Compensation insurance or a state-approved Self-Insured Workers’ Compensation Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including employer’s liability with $250,000.00 limits covering all employees of the permit holder. The County of San Bernardino shall be named as an additional insured and all policies, except Workers’ Compensation, shall contain a provision requiring written notice to be given to the Department prior to cancellation, modification or reduction of limits.
Insurance Review. The above insurance requirements are subject to periodic review by the County. The Risk Manager of the County of San Bernardino is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation or any other item reasonably related to the County’s risk.
(d) Class A Permit holder shall not be required to maintain separate policies of insurance for any type of insurance required under this Section, any other Section of this Chapter or under Division 6 of Title 4 of this Code. However, the Class A Permit holder must maintain the level of insurance which is the higher of that required in this Chapter or Division 6 of Title 4 of this Code and must obtain and maintain insurance coverage which satisfies all of the provisions of this Chapter and Division 6 of Title 4 of this Code, including without limit, providing certificates of insurance to all specified Departments of the County and requiring notification of the cancellation or termination of any insurance policy be given by the insurance company to all specified Departments of the County.
(e) The application called for in this Section may be combined with the application called for in § 33.0825 dealing with health and safety permits, if the applicant is required to obtain or renew a health and safety permit at the same time as it is required to submit an application under this Section (“joint application”). Such joint application must satisfy all of the requirements of both this Section and § 33.0825. In the event the applicant chooses to submit a joint application, applicant shall give Department one duplicate original of the joint application. Department shall take all actions with respect to the issuance or renewal of the Class A Permit sought in the joint application, to the same effect as if the applicant had submitted an application solely under this § 33.0845.
(Ord. 3671, passed - -1996)