HomeMy WebLinkAboutC17-062 Electronic Recyclers IncAGREEMENT FOR SERVICES BETWEEN EAGLE COUN'T'Y, COLORADO AND ELECTRONIC RECYCLERS INC. THIS AGREEMENT ("Agreement"] is effective as of 2/2112017 ___ by and between Electronic Recyclers Inc. a Colorado corporation (hereinafter "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, the County desires to hire Contractor to collect, transport, and dispose of electronic waste from the Eagle County Household Hazardous Waste and Small Business Collection Facility ("HHW/CESQG-) located at the Eagle County Landfill, S t5 Ute Creek Road Wolcott, Colorado (the "Property"); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services or work described in Exhibit A ("Services" or "Work") which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. County's Representative. The Solid Waste & Recycling Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 1 1 hereof, shall continue in full force and effect through the 31" day of December, 2017. 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in C17-062 accordance with County's internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit B which is attached hereto and incorporated herein by reference. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Contractor will provide responsible recycling services to the County for $0.17 per pound for electronic waste, $0.27 per pound for VDD -CRT devices, $0.24 per pound for VDD -Flat Screen devices, and pay the County $0.10 per pound for complete computers. A complete computer is 80% intact or higher. If the hard drive is missing it is still considered complete. If the motherboard, RAM, etc. is removed, it is considered incomplete and becomes e -waste. b. Contractor will provide scheduled and coordinated individual pick-ups for $525.00 for a 24'- 26' box truck and $800.00 for a 53' semi -trailer. C. Eagle County may purchase packaging suitable for storage and shipment of e -waste through Electronics Recyclers Inc. or by Eagle County's own means. If purchased through Electronic Recyclers Inc., pricing listed below: $841.20. of $1,075.68. i. $21.03 per unit for 40"bins with a minimum count of 40 bins and a minimum order total of ii. $29.88 per unit of hand stretch film with a minimum count of 36 rolls and a minimum order total iii. $9.54 per pallet with a minimum count of 10 pallets and a minimum order total of $954.00. d. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. C. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. f. 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. g. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after 2 Eagle County Landfill General Services Final 5/14 December 3 t of any year, without an appropriation therefor 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). 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non -owned vehicles. iii. Commercial General Liability coverage to include premises and operations, persona I/ad vert i s ing injury, prod uctslcompleted operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. iv. Pollution Liability. If the scope of Services in this Agreement requires the acceptance, transport, storage or disposal of any hazardous materials or regulated substances the policy shall include coverage for on and off-site cleanup of known and unknown pre-existing conditions arising from the Contractor's facility; on and off-site cleanup of new conditions arising from Contractor's facility; third -party claims for on and off-site bodily injury and property damage; and claims resulting in bodily injury, property damage or clean-up costs associated with a pollution condition from transported cargo if the scope of Services in the Agreement requires the transportation of any hazardous materials. Contractor warrants that any retroactive date under the policy shall precede the effective date of this Agreement and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Agreement is completed. Minimum coverage shall be $5,000,000 per loss and $5,000,000 products/completed operations aggregate. b. Other Requirements. i. The automobile, commercial general liability and pollution liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, 3 Eagle County Landfill General Services Final 5/14 employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit C. ii. Contractor's certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. v. Contractor is not entitled to workers' compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County 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 its employees, agents or any of its subcontractors hereunder; and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. a. Contractor shall further indemnify and hold harmless County and any of its officers, agents and employees ("Indemnitee') against any losses, claims, damages or liabilities, costs or expenses including, without limitation, interest, penalties and reasonable attorney fees and reasonable expenses of investigation and remedial work (including investigations and remediation by engineers, environmental consultants and similar technical personnel) asserted against or imposed upon or incurred by Indemnitee arising in connection with, or resulting from, any environmental law, including but not limited to, any use, generation, storage, spill, release, discharge or disposal of any hazardous substance to the extent caused by Contractor or any of its employees, agents or subcontractors hereunder. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with 4 Eagle County landfill General Services Final 5/14 confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Jesse Masten, Solid Waste & Recycling Manager 815 Ute Creek Road Post Office Box 473 Wolcott, CO 81655 Telephone: 970-328-3472 Facsimile: 970-328-3466 E -Mail: jesse.masten@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E -Mail: atty@eaglecounty.us CONTRACTOR: Electronic Recyclers Inc. Attention: Kevin Dillon, Co-Founder/Chief Marketing Officer 7815 N Palm Avenue, Suite 140 Fresno, CA 93711 Telephone: 559-442-3990 E -Mail: kdillon@eridirecLcom t t. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days' prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R -S. 24-71.3401 to 1.21. 5 Eagle County Landfill General Scrvices Final 5/14 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. C. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given County written notice of all conflicts, errors, or discrepancies. C. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master -servant, partnership, joint venture or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. h. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. i. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. j. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. 6 Eagle County Landfill General Services Final 5/14 1. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. M. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. o. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 15. Prohibitions on Government Contracts. As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et, seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.R -S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement 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 Services under this Agreement. a. Contractor shall not: Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual 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 Services under this Agreement 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://www.dhs.gov/xprevprot/programs/gc-1185221678150.shtm C. 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 Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: 7 Eagle County Landfill General Services Final 5/14 i. Notify the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; 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 undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. 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 Contractor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. REST OF PAGE INTENTIONALLY LEFT BLANK 8 Eagle County Landfill General Services Final 5/14 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. Attest By: ------------- Regina O'Brien, Clerk to the Board COUNTY OF EAGLE, STATE OF COLORADO, B y and Through Its BOARD OF COUNTY COMMISSIONERS By: dillian H. Ryan, Chair CONTRACTOR: ELECTRBN;Er ; 7� °7.= - By: = LBy ---- ------- Print Name: Kevin Dillon Title: CMQ 9 Eagle County Landfill General Services Final 5/14 EXHIBIT A SCOPE OF SERVICES 1. 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). 2. 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 five (5) 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. County agrees that if and to the extent it has qualified staff available to assist with loading the E -Waste for transport it will assist Contractor. Notwithstanding the foregoing, Contractor is solely responsible for loading, securing and safely transporting each shipment of E -Waste. 3. 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. 4. 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. 5. 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. b. 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. 7. 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 02/16ttO 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. 8. 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. 10 Eagle County Landfill General Services Final 5/14 9. 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 of 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. The Contractor shall ensure that all transporter(s) carry the requisite insurance as set forth in paragraph 7 herein. 10. 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. t t. 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 form County and County shall have no liability or responsibility therefor. 12. 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. 11 Eagle County Landfill General Services Final 5/14 EXTUBIT B FEE SCHEDULE 12 Eagle County Landfill General Services Final 5/14 Eagle County, Colorado PRICING Recycling Costs and Revenues E -Waste Hauling and Recycling Sorting Requirements In order to ensure efficiency and further environmental conscientiousness, ERI requires that Eagle County sort all shipments into the following categories; ■ E -Waste ■ CRT ■ Flat screen ■ Computers Pay *Please note, improper sorting penalties apply for shipments not property segregated. Please see Sorting Penalties listed in Appendix D. Packaging Packaging supplies are not included in the above pricing. Eagle County may purchase packaging suitable for storage and shipment of a -waste through ERI or by their own means. Please see un -safe packaging penalties and methods of proper packaging in Appendix D. *Please ►rote, sales tax will 6e added at time of purchase �'0 ERI 12 Eagle County, Colorado E -Waste Hauling and Recycling Freight ERI will provide freight, through a vetted third party provider for the below costs, • Box truck pickup $525.00 ■ 53' Trailer pickup $800.00 Eagle County, Colorado E -Waste Hauling and Recycling APPENDIX D I UNAUTHORIZED WASTE, SEGREGATION AND PACKAGING PENALTIES Please see the next page for more information on waste ERI may charge an additional fee for processing as well as any segregation and unsafe packaging penalties. ERI 30 Electronic Recyclers International, Inc. F Re: ERI/Recycling Changes and Applicable Fees Dear Valued ERI Customers, Electronic Recyclers International, Inc. [ERI] appreciates your business and the opportunity to work with you on a daily basis to service your electronic recycling needs. Because of great clients like you, ERI continues to experience nationwide growth. As we grow, we must constantly reevaluate our processes so we are continually evolving to better service our customers' needs and improve our business. Over the past eighteen months, ERI has received an increasing amount of labor intensive or unauthorized items being shipped to our ERI Facilities nationwide. In the past, ERI has absorbed the additional labor cost and time to responsibly process these items at no cost to you. Effective May 1, 2016, if any of the below instances occur with your incoming shipment, the following charges will be applied to your account. Please see the below categories and a list of examples including, but not limited to, the following: Labor Intensive Items an additional $0.25 per pound (Please refer to Appendix A) 1. Items with large batteries — Battery backups, 5. mobile power sources 2. Toys with internal batteries — Any toys that 7. require tools to remove the batteries 3. Items containing large amounts of Flammable Material, cloth or have a low melting point — S. Gaming chairs, plush toys 4. Large Steel Items — Electric scooters, industrial 9. refrigerators or ovens, exercise equipment 5. Light Fixtures Unsafe Load Conditions an additional $0.25 per pound (Please refer to Appendix B) Items containing large capacitors and/or transformers Items containing internal rechargeable batteries — Electric shavers, electric toothbrushes, hearing aids, watches Items that contain motors — Lawn mowers, leaf blowers, chainsaws, floor polishers Items containing fluids— Medical equipment, agricultural/gardening equipment At ERI, our team members' safety is our top priority. As such, unsafe loads shall be determined in ERI's reasonable discretion to ensure a safe work environment. Typically, unsafe loads contain any of the following criteria, but not limited to: 1. Excessive amount of broken glass 2. Pallets that appear unstable or could raise safety concerns when moved 3. Strong unexplained odors (chemical or otherwise) VJVAAJ.eitLEUunicreL-YLIt'f�).LUf[1 1-800-ERI-D1REC'1 ��74-3473) X , Electronic Recyclers International, Inc" 4. Infested shipments E -waste with Wood an additional $0.40 per pound [Please refer to Appendix Q E -waste containing any amount of wood causes excessive labor to dismantle and remove the electronics from the wood. ERI's shredding equipment cannot process wood which imposes an additional fee for disposal. E -waste in Box/Packaging an additional $0.25 per pound (Please refer to Appendix D) Packaging around any material cannot be shredded and requires additional labor to remove it from the product before it can be properly processed. To avoid additional fees, please be certain to remove all electronics from any boxes and/or bags before shipping to ERI. Sorting Fee an additional $0.15 per pound Materials that require additional sorting at our facilities' prior to weigh in and load documentation will be assessed an additional cost per pound for pallets that required attention. Your contract highlights the sorting requirements per our service agreement to avoid this additional fee. Loose Batteries an additional $5.00 per pound Loose batteries are any of those not found to be in a device at the time of receipt. Please see "Battery and Lamp" section for more information on battery pricing. Unauthorized Waste/Hazardous Waste prices vary (Please refer to list below) Please find a list of examples of unauthorized and hazardous waste below. This is not an exhaustive list as new scenarios are found often. Situations involving excessive amounts of any of these products may require them to be picked up at a cost to you. 1. Smoke Detectors: $25.00 5. Lava Lamps: $15.00 each 2. Aerosol Cans (Loose Pack): $10.00 each 7. Personal Hygiene: $10.00 each 3. Spray Chemicals (Lab Pack): $15.00 each S. Soda Streams: $70.00 4. Pressurized Canisters: $500 9. Adhesives: $15.00 each 5. Liquid Household Chemicals: $12.00 each 10. Automotive Fluids: $15.00 each •ll:rv.r �;,�rhrnnirr:�r�rErar� cam 1 -807 -ERI -DIRECT (374-3473) JLe4$ Electronic Recyclers International, Inc. Other items received that range from $5 - $500: a. Butane lights, hand-held b. Carbon Monoxide Detectors c. Gas Line Trimmer (weedwacker) with or without gas/oil d. Glow Sticks e. Glue Sticks f. Mercury Thermometer — damaged 1 intact g, Paint h. Power blower with or without gas/oil i. Pressurized Canisters i. Propane cylinder ii. Acetylene cylinder iii. Butane cylinder iv. Carbon dioxide cylinder V. Fire extinguisher vi. Petroleum gas — camp fuel vii. Spray chemicals (insect repellant, body products, etc.) If you are unsure if an item falls into one of the above categories, please contact your sales associate for further direction. In addition, and for guidance purposes, ERI requests our clients use their best efforts to follow the Electronic Recycling Coordination Clearinghouse (ERCC) Best Practices for properly packaging material. A copy of the ERCC's Best Practices is attached. ERI appreciates your understanding and cooperation. Please direct any questions to ERI's Chief Compliance Officer, Mr. Aaron Blum. He can be reached by dialing (800) 374-3473 or via email at ablum@electronicrecyclers.com. Thank you for being a valued customer of ERI and we look forward to serving you for all of your electronic recycling needs. Sincerely, Electronic Recyclers International, Inc. wvdvr.electronicrecyclers.coiii 1 -800 -FR? -DIRECT (374-3473) ILLI EilA0I►yileA11A:1lal l Item # Description 1 Mixed Batteries 2 Mixed Lamps SORTED MATERIAL Item # Description Light Bulbs: 9 All Fluorescent Straight Lamps 10 Circular Lamp Charge (Pay) Charge (Pay) Charge (Pay) Battery: 1 Alkaline Batteries 2 Lead Acid Batteries 3 Lithium Ion (Li -ON) Batteries 4 Lithium Iron Disulfide (LiFe52) Batteries 5 Lithium Polymer Batteries 6 Lithium Sulfur Dioxide (LiS02) Batteries 7 Lithium Thionyl Chloride (LiSOCIZ) Batteries 8 NiCad Batteries 9 NIMH Batteries Item # Description 10 Zinc Batteries 11 Mercury Cell/ Mercuric Oxide (HgO) Batteries Light Bulbs: 9 All Fluorescent Straight Lamps 10 Circular Lamp Charge (Pay) Charge (Pay) Charge (Pay) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 LI -Bent Lamp UV Lamps Suntan Lamps LED Lamps HID Lamps low/high pressure sodium Lamp metal halide Lamp Shield/coated Lamp Arctube Lamp Ignitron Lamp Projection Lamp Mercury Lamp Ultraviolet Lamp Germicidal Lamp Neon Lamp Compact Flourescent Lamp (CFL) Incandescent Lamp Spot Lamp PAR Lamp Quartz Lamp Halogen Lamp DLP Backlight LCD Lamps Note: ERI cannot accept any broken lamps EX-IIBIT C INSURANCE CERTIFICATE 13 Eagle County Landfill General Services Final 5/14 CERTIFICATE OF LIABILITY INSURANCEDATE(MMMDhWY) 1/11/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION 15 WAIVED, sub=ect to the terms and conditions of tha pal Icy, certaln policies may require an endorsement. A statement on this certlflcate does not confer rights to the certificate holder in lieu of such endarsement s . PRODUCER Cr Dee NevereB Winton Ireland Strom a Green PND (20911529-3480 PAX,(209) 52 9-6963 License# 0596517 ADORL .dnevarezetaiag.com 1100 14th Street Suite C INSURER 5 AFFCROINO COVERAGE NAIC r Modesto CA 95354 INSURERA:Travalers Pro2arty Casualty company 25674 INSURED INSURER B Electronic Recyclera INSURERC: International, Xnc. INSURER D: 7815 N Palm Ave:, Ste 140 INSURER E: Freano CA 93711 R URERF,. r nvFRdr:FC l -k PTI MPATP NII ILA t7Co.A7 /77 /17 -11— 1 e. e THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE=D HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIL] CLAIMS. LTR TYPEOFINSURANCE DL SUER POUCYH MB Ft POLICY EFF fMb=Pf1M POLICY E IM LIMITS A X COMMERCIAL GENERAL LIABTLITY CLAIMS -MADE FE OCCUR x 630304SHe77 1/12/2017 1/27/2018 EACH CCCU RRENCE 6 11 000, DUO E 5 100,000 MED EXP oneperson) $ 5,080 PERSONAL AADV INJURY 6 1,000,000 GEN'L AGG REGAT E LIMIT APPLIES PER: x POLICY ❑ JECT F LCC OTHER GENERAL AGGREGATE i 2,000,000 PRODUCTS -COMPIOPAGG 6 21000,000 6 A AUTOMOBILE LEASILITY X ANYAUTO ALL AUTOS AUTSCHEDULED HIREDAUTOS NOTOSOWNED x 0101045MG77 1/12/2017 1/12/2018 E [RUE LIMIT 6 1,000,000 BODILY INJURY (Frey psmonl 6 BODILY INJURY (Per aaidenl) S PROPERTY DAMAGEAUS S A g UMBRELLA UAB EXCESSLIAB X OCCUR CLAIMS -LME 1/12/2017 3/32/2018 EACH OCCURRENCE S 10,000,000 AGGREGATE 6 10,000,000 DEO I I RE7ENTION S S A WORKERS COMPENSATIONER AHD EMPLUnRS' LIABILITY YIN ANY PROPRIETORIPARTNER1EXECUTNE OFFFCERFMEMSER EXCLUDED? Li (MandatorylaNH) IF yyees, da cilbe TIONunF O DESCRIPTIDH OF OPERATIONS 6elmN N I A UB02D5&717 6/1/2016 6/1/2017 ]c TTE OETR E L. EACH ACCIDENT f 11000,000 Edar,L,DISEASE - EA EMPLOYE $ 11-000,000 E.L. 018EASE - POLICY LIMIT $ J.Doo 000 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORO 110'1, Addltlonat RQmuRa Schedule, may be atlaehed N more space Is required) Eagle County is an additional insured per attached general liability form COD248080S and automobile liability form CAT4370808. W 11104-zui4 At;UHU [;URPORAI I[NIE. All rights reserved, ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD INS025 t2D114ot1 SHOULD ANY OF THE ABOVE DES CRI BEO POLICIES BE CAMCELLE 0 BEFORE Eagle County PO Box 850 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Eagle, CO $1531 AUTHORIZED REPRESS NTATIYE Dee Nevarez/DENE &&-e— W 11104-zui4 At;UHU [;URPORAI I[NIE. All rights reserved, ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD INS025 t2D114ot1 6301045N877 COMMERCIAL GENERAL LIABILITY. THiS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART I. WHO IS AN INSURE:] -- (Section ll') is amended to Include any person or organizaflo'n that you agree In a "written contract requiring Insurance" to include as an additional insured on this Cover- age part, but: aj Oniy with respect to liability for 'bodily Injury', "property damage" or "personal Injury'; and bj If, and only to the extent that, the Injury or damage Is caused by acts er ornisslons of you or your subcontractor In the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional Insured with respect to the independent acts or omissions of such person or organization. 2. The Insurance provided to the additional Insured by this endorsement Is limited as follows: aj In the event that the Limits of Insurance of this Coverage Part shown In the Declarations exceed the limits of llability required by the "written ooritract requiring Insurance", the in- surance provided to the additional Insured shall be limited to the limits of liability re- quired by that 'written contract requiring In- surance". This endorsement shall not In- crease the limits of Insurance described In Section III — Limits Of insurance. bj The Insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or 'personal injury" arlsing out of the rendering of, or failure to render, any professional architectural, englneering or sur- veying urveying services, including: 1. The preparing, approving, or failing to prepare or 'approve, maps, shop drew_ Ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and 11. Supervisory, Inspection, architectural or engineering activities, cj The insurance provided to the additional In- sured does not apply to "bodily injury" or "property damage" caused by "your work" and Included In the "products -completed op - orations hazard". 3. The insurance provided to the additional' Insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is availabie'to the additional Insured for a loss we cover under this endorsement. However, if the "written contract requiring Insurance" specifically requires that this Insurance apply on a primary basis or a primary and non-contributory basis, this insurance Is primary to "other Insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that 'other Insurance". But the insurance provided to the additional Insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that Is available to the addl- tlonal insured when that person or organIzatlon Is an additional Insured under such "other Insur- ance". 4. As a condition of coverage provided to the additlonal insured by this endorsement; a) The additional Insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should Include: I. How, when and where the "occurrence" or offense took place; 11, The names and addresses of any injured persons and witnesses; and Ill. The nature and location of any Injury or damage arising out'of the "occurrence" or offense. CG 02 48 08 05 0 2005 The St. Paul Travelers Companles, Inc. Page i of 2 COMMERCIAL GENERAL LIABILITY b] if a claim Is made or "suit" is brought against the additional Insured, the additional Insured must: I. Immediately record the speclflcs of the claim or "suit" and the date recelved; and IL Notify us as soon as practicable, The additional Insured must see to it that we recelve written notice of the claim or "suit" as soon as practicable. c) The additional Insured must immediately send us copies of all legal papers received In connection with the claim a "suit", cooperate with us in the Investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and Indemnity of any claim or "suit" to any provider of "other Insurance" which would cover the additional insured for a loss we cover under this endorsement. however, this condition does not affect whether the Insur- ance provided to the additional insured by this endorsement is primary to "other Insur once" avallabie to the additional Insured which covers that: person or organization as a named insured as described in paragraph 3, above. 5. The following definition Is added to SECTION V. — DEFINITIONS: "Written contract requiring lnsurance" means that part of any written contract or agreement under which you are required to Include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily Injury" and "property damage" oc- curs and the "personal injury" Is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; h. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 ® 2005 The St, Paul Travelers Companies, Inc. CG D2 48 08 05 8101045N877 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modlfles Insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- a written contract or agreement that is signed and ment, the provisions of the Coverage Form apply executed by you before the "bodily injury" or "property unless modified by the endorsement, damage" owurs and that is in effect during the policy The following is added to the Section tl — Liability periodIS adamages insured" for which this insurance ility Coverage, applies but only Coverage, Paragraph A.7. Who Is An insured pro- for to the extent that person or organlzation qualifies as vision: an "insured" under the Who Is An Insured provision Any person or organization that you are required to contained in Section It. include as additiona' insured on the Coverage Farm in CA T4 37 08 08 C 2000 The Travel era Cempaales, Inc. Page 1 of 1 ACC> & CERTIFICATE OF LIP THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITU REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL_ INSURED, the the terms and conditions of the policy, certain policies may require an i certificate holder in lieu of such endorsements). PRODUCER Winton Ireland Strom & Green License# 0596517 1100 14th Street Suite C Modesto CA 95354 INSURED Electronic Recyclera International, Inc. 7815 N Palm Ave., Ste 140 Fresno CA 93711 .BILITY INSURANCE DATE(MAMDNYYY) 1/12/2017 P AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS EXTEND OR ALTER THE COVERAGE APFORDED BY THE POLICIES rE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED policy(les) must be endorsed. If SUBROGATION 1$ WAIVED, subject to ndorsement. A statement on this certificate does not confer rights to the rT A Dae Nevarem PHONE {2091529-3480 NnI,.(209)579-6963 RLE .dnevarez(Owisg.com INSURERS) AFFORDING COVERAGE HAIC 9 INSURERA:Admiral Insurance Company 24856 -INSURERB,. INSURERC: INSURER D INSURER E,. 1HSU RER F : COVi=RAGES CERTIFICATE NUMBER:0111a/i7 eil/opl THIS IS TO CERTIFY THAT THE: POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSUR INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE. ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDE=D BY THE POLICIES DESCRIBE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIM TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FIOCCUR LAGGREGATE LIMIT APPLIES PER: POLICY D FE" JECOT F—] LOC AUTOMOBILE LIABILITY ANY AUTO ALLOWNEOSCHEDULED AUTOS AUTOS HIRED AUTOS ASS vHED UMBRELLA LAB OCCUR EXCESS LIAR -....e KERS COMPENSATION EMPLOYERS' LIABILITY Y 1 H PROPRIErOR1PARTNERIEXECUTIVE 0ERIMEMBER EXCLUDED? MIA A `Environmental Impairment X !`w/contractors Pollution PEXEILIS75101 11/12/2017 11/15/2070 Per Condition/Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES {ACORD 101, Addillmul Rom uks Bch*dule, may be PtUched N more apace is requ Additional Insured status applies to Contractors Pollution Liability per al required by contract. CERTIFICATE Eagle County PO Box 854 Eagle, CD 81631 ACORD 25 (2014101) INS025 (2elaoll HtV[Z11VK IVUMkItId: ED NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS D HEREIN IS SU13JECT TO ALL THE TERMS. i, LIMITS EACH OCCURRENCE $ TO RENTEDS MPO EXP oneperson) $ PERSONAL, d ADV INJURY S GENERAL AGGREGATE $ PRODUCTS -COMPIOPAGG $ S C40MSINED SING LIMIT S IEM t BODILY INJURY (Per person) S BODILY INJURY (Per actadenl} $ PROPERTY O E (Per aeg-kientlS $ EACH OCCURRENCE $ AGGREGATE $ $ PSEATOTE O E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E L. DISEASE - POLICY LIMIT $ Gmil 15,000,000 SIR 100,000 red) :tacked form ECC406SO712 as SHOULD ANY OF THE ABOVE IDESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Dee Nevarez/DEN£ d4, -2,, ®1088-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Electronic Recyclers International, Inc, Endorsement Number: 25 �a�Rtr Additional Insured Endorsement CPL This endorsement, effective 1/1M017 attaches to and forms apart of Policy Number FEI-EIL-I8751-01. This endorsement changes the Policy. Please read it carefully, This endorsement modifies insurance provided under the following: CONTRACTORS )POLLUTION LIABILITY COVERAGE PART M—MMUM Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. Location And Description of Completed Operations: Those project locations where this endorsement is required by contract. Additional Premium: So (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The term Pas"rell is amended to include as an additional insured the person(s) or organization shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement perfonried for that additional insured. ECC -40613.0712