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HomeMy WebLinkAboutC13-102 E-Waste Recyclers of Colorado AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND E -WASTE RECYCLERS OF COLORADO THIS AGREEMENT ( "AGREEMENT ") dated this iF day of April, 2013 is between Eagle County, Colorado a body corporate and politic ( "County ") and E -Waste Recyclers of Colorado, a Colorado corporation with its principal place of business at 1027 South 7th Street; Grand Junction, CO 81501 ( "Contractor"). WITNESSETH: WHEREAS, County desires to hire a vendor to collect, transport and dispose of electronic waste from the Eagle County Household Hazardous Waste and Small Business Collection Facility ( "HHWICESQG ")located at the Eagle County Landfill in Wolcott, Colorado; and WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise in the collection, transportation and disposal of electronic waste and wishes to provide said services to County; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the services provided and related terms and conditions to govern the relationship between Contractor and County in connection with this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: 1. SCOPE OF WORK: Contractor shall supply all labor, materials, equipment and personnel necessary to perform and complete the following work subject to the provisions and conditions of this Agreement. The following (paragraph 1 A through H hereof) shall be referred to as the "Scope of Work', "Work" or "Services ": A. At a minimum the Contractor shall accept and collect from the Eagle County HHW/CESQG Facility all e-waste including, but not limited to, central processing units (CPU), computer monitors, computer peripherals, laptops, desktop computers, televisions, console TV's, projector TV's, flat screen. TV's, consumer electronics containing circuit boards, stereos, video cassette recorders, digital clocks, CD /DVD players, telephones, cell phones, printers, copiers, scanners, fax machines, pagers, pocket personal computers, personal digital assistants, MP3 players, other computer parts and accessories (keyboards, mouse, cables) and small household appliances ( "E- Waste "). Contractor will also accept the items identified on Exhibit A which is attached hereto and incorporated herein by reference. C(� -lob B. The Contractor will provide poly tote containers (and not gaylords and pallets) to the Eagle County HHW /CESQG Facility at the commencement of this Agreement and additional totes when needed. The poly tote containers must be suitable for storage and shipment of E -Waste and must meet Colorado and U.S. DOT regulations for transporting the material or E- Waste. County agrees, that if and to the extent it has qualified staff available to assist with the loading the E -Waste for transport it will assist Contractor. Notwithstariding the foregoing, Contractor is solely responsible for loading, securing and safely transporting each shipment of E- Waste. C. The Contractor will work with the Eagle County Hazardous Waste Specialist to schedule collection of the E -Waste from the Eagle County Landfill on an as- needed basis. County will telephone or e-mail the Contractor when collection is needed and County acknowledges that Contractor requires three (3) days advance notice to schedule collection of the E- Waste. Contractor shall be responsible for arranging for collection of E- Waste between 8 a.m. to 3 p.m. on regular business days. D. Contractor shall be responsible for accurately preparing all paperwork required by the State of Colorado for the transportation and management of the E -Waste collected from the Eagle County HHW/CESQG facility. The Contractor shall provide all shipping documents and labels for shipping and storage that are required by law. The Contractor shall provide a copy of the bill of lading within 30 days after shipment to the facility. E. The Contractor shall provide any documents that attest to the disassembling, recycling, disposal, conversion, and/or destruction of all E -Waste accepted and managed under this Agreement, to the Eagle County HHW /CESQG facility within 60 days after collection. F. Intentionally omitted. G. The Contractor shall provide downstream chain of custody reports as applicable. The downstream report shall include both hazardous and non- hazardous components, including but not limited to: identity of vendor(s) who purchase final recovered materials, and a description of final reuse or disposition by volume and composition for each material. H. The Contractor shall comply with its policies and procedures to take adequate measures from the time the E -Waste is accepted until the time the components are reused, recycled, or disposed as waste, to ensure that no hazardous constituents are released, and will execute plans for recovery of releases should a release occur all without liability to County. 2. CONTRACTOR'S REPRESENTATIONS: A. Contractor is an independent contractor, and nothing herein contained shall constitute or designate the Contractor or any of the Contractor's employees or agents as employees or agents of the County. B. Contractor has familiarized itself with the nature and extent of the contract documents, Work, locality, and with all local conditions, and international, federal, state, and local laws, ordinances, rules, permits and regulations that in any manner may affect cost, progress, or performance of the Work and hereby represents that it can comply with the same. C. Contractor represents and warrants that all electronic waste management, processing and treatment will be handled in compliance with CDPHE regulations, Part 273 (amended as of 02/16/10 and effective 03130110) and as may be amended from time to time. The Contractor agrees to comply with federal, state and/or local statutes and regulations, and international laws as and if applicable. D. Contractor represents and warrants and shall be responsible during the term of this Agreement to ensure that all facilities, subcontractors and vendors handling the E- Waste material are licensed, permitted, or otherwise approved by the appropriate regulatory authority. E. Contractor represents and warrants and shall be responsible during the term of this Agreement to ensure that all vehicles used by the Contractor to transport E -Waste shall be properly registered and have all necessary permits required by each state through which the vehicle must travel to reach the disposal facility, The Contractor shall also ensure that it and any the transporter(s) are in compliance with the U.S. Department of Transportation Rules and Regulations regarding handling and transportation of hazardous materials at all times during the term of this Agreement. F. To the extent that Contractor is providing containers, Contractor represents and warrants that all containers are suitable for storage and shipment and meet Colorado and U.S. DOT regulations for transporting the material or waste. G. Contractor hereby represents and warrants that it will take adequate measures from the time the E -Waste is accepted until the time the components are reused, recycled, or disposed as waste, to ensure that no hazardous materials, waste or constituents are released, and shall execute plans for recovery of releases, should a release occur. Contractor shall be solely responsible for any release, damage or injury from the time it collects the E -Waste from County and County shall have no liability or responsibility therefor. H. Contractor hereby represents and warrants that any electronic data maintained on any of the materials or items being collected will not be accessed or used by it and will be destroyed. In the event Contractor receives a notice of violation during the term of this Agreement, it shall notify County and shall take appropriate action to resolve the violation without liability or risk to County. 3. CONTRACT PRICE A. County shall compensate Contractor for the performance of the Work as follows: i. Contractor will provide Responsible Recycling services to County for $0.07 per pound of E -Waste picked up. ii. Contractor will provide scheduled and coordinated individual pick -ups for a $200.00 transportation charge per pick up. iii. Poly Tote Pallets will be provided and no charge and will have tops removed. B. Contractor shall provide an invoice to County within five (5) days of pick up. Invoice shall include sufficient detail to understand the Work performed and as may be requested by County from time to time. County will pay for Work satisfactorily performed within thirty (30) days of receipt of an invoice. C. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement, nor shall any payments be made to Contractor in respect of any period after December 31 of any year without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). D. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 4. SUBCONTRACTORS. Contractor shall be solely responsible for all Work performed under this Agreement by its vendors, agents, employees and subcontractors and shall ensure compliance with this Agreement in all respects. The Contractor shall be responsible for the acts and omissions of its vendors, agents, employees and sub - contractors. The Contractor shall bind each subcontractor to the terms of this Agreement 5. TERM A. The Work will commence upon notification by the Eagle County to Contractor. B. The Agreement shall terminate on December 31, 2013. This Agreement may be renewed annually upon the same terms and conditions as set forth herein and by a mutual agreement in writing to renew between County and Contractor. 6. INDEMNIFICATION The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its agents, employees or subcontractors hereunder; and Contractor shall reimburse County for any and all legal and other expenses incurred by County, including County's attorney fees and costs, in connection with investigating or defending any such loss, claim, damage, liability or action. 7. MISCELLANEOUS: A. The Contractor's obligations hereunder shall survive termination of the Agreement. B. This Agreement shall be governed and construed in accordance with the laws of Colorado. Venue for any action arising out of any dispute pertaining to this Agreement shall be in the State of Colorado, District Court in and for Eagle County, Colorado. C. This Agreement, and the rights and obligations created hereby, shall be binding upon and inure to the benefit of County and Contractor and their respective successors and assigns. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than County or Contractor and their respective successors and assigns, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. D. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provision shall be fully severable and this Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Agreement. E. This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by both County and Contractor. This Agreement represents the full and complete understanding of County and Contractor and supersedes any prior agreements, discussions, negotiations, representations or understandings of County and Contractor with respect to the subject matter contained herein. F. The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees hereto. G. County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause, upon providing fifteen (15) days' notice to Contractor. Upon such termination, County will pay Contractor for Work satisfactorily completed prior to the notice. H. In the event of conflict between the terms of this Agreement and any Exhibits, the terms of this Agreement shall control. Contractor shall not assign this Agreement without the prior written approval of the County which approval the County may withhold in its sole discretion. The County may terminate this Agreement if Contractor assigns this Agreement without its prior written consent. 8. INSURANCE Unless otherwise agreed to in writing by County, Contractor agrees to provide and maintain at all times during the term of this Agreement and any amendments thereto, at Contractor's sole cost and expense, the following insurance coverage: A) Types of Insurance. 1) Workers' Compensation, with policy limits as required by law. ii) Employers Liability Coverage, with policy limits of $1,000,000 each accident for Bodily Injury by Accident; $1,000,000 each employee for Bodily Injury by Disease; and $1,000,000 policy limit for Bodily Injury by Disease. iii) Commercial Auto Coverage, with limits of not less than $2,000,000 each accident combined Bodily Injury and Property Damage Liability insurance, including coverage for owned, hired, and non -owned vehicles and shall list as an additional insured Eagle County. iii) Commercial General Liability with limits of liability of not less than $2,000,000 per occurrence; $2,000,000 for bodily injury and property damage liability; $2,000,000 for personal injury and $2,000,000 in annual aggregate limits. The policy shall list as additional insured Eagle County. iv) Contractor's Pollution Liability insurance with coverage of $2,000,000 per occurrence and $2,000,000 in the aggregate. This policy shall list Eagle County as an additional insured. v) Additional Insured. Additional Insured referred to herein shall include Eagle County its successors and assigns. B) Other Requirements. i) All policies must contain an endorsement affording an unqualified thirty (30) days' notice of cancellation to County in the event of cancellation of coverage. ii) All policies must be written by insurance companies whose rating in the most recent Best's rating guide is not less than A- (VII). If any non - admitted (surplus or excess lines) insurer is used to provide any of the above policies, the policy must include an endorsement restricting the insurer's right to cancel the policy to the following circumstances after it has been in effect for sixty (60) days: (i) non - payment of premium; or (11) discovery of fraud or material misrepresentation in the application for insurance. iii) Certificates of Insurance with the required endorsements evidencing the coverage must be delivered to County prior to commencement of any Work under this Agreement and must be provided on an annual basis commencing on the first (1st) anniversary of the policy year and continuing thereafter, or at any time within fifteen (15) days after request therefor by County or an additional insured. Notwithstanding any other provision hereof, Contractor shall provide County a complete copy of any policy of . insurance required hereunder within five (5) business days of a written request from County, and hereby authorizes Contractor's brokers, without further notice to or authorization by Contractor, to immediately comply with any written request of County for a complete copy of any policy required hereunder. iv) Failure of the Contractor to comply with the foregoing insurance requirements shall in no way waive the County's rights hereunder. 9. NOTICE AND AUTHORIZED REPRESENTATIVES Any notice and all communications required under this Agreement shall be given in writing by personal delivery, fax or mail to the appropriate party at the following addresses: County: Contractor: Ken Whitehead, Director Ken Burns, CEO Solid Waste and Recycling E -Waste Recycfers of Colorado P.O. Box 473 1027 South 7th St. Wolcott, Colorado 81655 Grand Junction, CO 81501 (970) 328 -3465 (p) (970) 986 -4002 (p) (970) 328 -3466 (f) Notices shall be deemed given on the date of delivery or three days after the postmarked date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. 10. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8 -17.5- 101, et seq., regarding Illegal Aliens -- Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. A. Contractor shall not: (1) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: http: /1www.dhs,govlxprevprot /programs /gc_1185221678150.shtm C. The Contractor shall not use either the E- verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. D. If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. E. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5 - 102(5). F. If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law, G. The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this Agreement on the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO by and through its Count Manager BY: . h Mont -g, County Manag E -WASTE RECYLCLERS OF COLORADO BY: L Its: `l t.1 8t/ln. 6 t U A EXHIBIT "A" -WASTE RECYCLERS OF COLORADO 'rte ' 1027 South 7th St Grand junction, CO 81,501 ,-4---.:4-:, (970) 986 -4002 1 www.ewasteofco.cofli (Pickup @ewasteoico,com Scone of Service EWRC will Provide: . 1. Materials Accepted include but are not limited to: a. Central processing units (CPU), computer monitors, computer peripherals, laptops, desktop computers, televisions, console TV's, projector TV's, flat screen TV's, consumer electronics containing circuit boards, stereos, video cassette recorders, digital clocks, CD/DVD players, telephones, cell phones, printers, copiers, scanners, fax machines, pagers, pocket personal computers, personal digital assistants, MP3 players, other computer parts and accessories (keyboards, mouse, cables) and small household appliances. b. Other acceptable Items listed below: - Answering Machine Home theater system • Smart Phones Amplifiers Household electronics Speakers • Hubs Stereo components Cable TV box's Ink/ Toner Cartridges Stereos Cabling and wiring Lab Equipment Small home appliances Camcorders Laptop Batteries Switches Car stereo Laptops Tapes • Cb radio LCD Monitors Tape Back Up units Cd player Lead acid Batteries Tape Players Cell Phones Main frame Equipment Telephones Christmas Lights Media Telecom Equipment Clock radios Microwave ovens • Testing Equipment Computer Equipment Modems Thermostats Computer • Motherboards Testers - Computer Memory Networking Equipment Toner Cartridges Computer Speakers Nintendo game Systems Transparency Makers Copiers/ Copy machine Office Equipment Two Way radios . Cordless Telephones Pagers UPS /Power Supplies Digital Cameras PCl Cards VCRS Dot matrix Printers PDA's Wii Game systems Duplicators Plasma and LCD TV's Wiring DVD Players Playstation Word Processors Electric type writers Power cords Xbox Gaine Systems Electric Motors Printers /Printers Laser Other Electronics Fans Printed Circuit Boards Fax Machines Pumps Gaming systems - Radios Keyboard/ Mice Routers Hard Drives Satellite TV Receivers Flair Dryers Scanners