HomeMy Public PortalAbout117-2018 - Recycle Force of Indy- removal electronics from the landfillAGREEMENT ORIGINAL
THIS AGREEMENT is made and entered into this 13 f Oday of July, 2018, by and between the
City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary
Commissioners 50 North 5`1' Street, Richmond, Indiana 47374 (hereinafter referred to as the
"City") and Recycle Force, 1255 Roosevelt Avenue, Indianapolis, Indiana 46202 (hereinafter
referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor for the loading, transporting and disposal of electronic equipment
from the Richmond Sanitary District's (hereinafter "RSD") New Paris Pike Landfill, 5242 New
Paris Pike, Richmond, Indiana.
City sent a Request for Quotes Specifications for the loading, transporting and disposal of
electronic equipment from the Richmond New Paris Pike Landfill to Contractor.
The response of Contractor, dated March 26, 2018, is contained in Exhibit "A", which Exhibit
"A" is attached hereto and incorporated herein by reference and made a part of this Agreement.
Exhibit "A" also includes the Contractor's billing rate for this Project. The list of electronics
acceptable to Contractor is set forth in the Consumer Electronics section of Addendum A in
Exhibit "A". Contractor is responsible for the loading, transporting and disposal of electronic
equipment (as described in Addendum "A" to Exhibit "A") located at the Richmond New Paris
Pike Landfill, 5242 New Paris Pike, Richmond, Indiana.
Should any provisions, terns, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
The Contractor shall furnish all labor, material, equipment, and services necessary for the proper
completion of all work specified. Contractor's services shall be performed in accordance with the
standard of practice ordinarily exercised by similar recyclable operations under similar
circumstances at the same time and in the locality where the services are performed.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2);and
3. A purchase order has been issued by the Purchasing Department.
SECTION 1I. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of
the City of Richmond. The Contractor shall provide, at its own expense, competent supervision
of the work.
Contract No. 117-2018
Page 1 of 6
SECTION 111. COMPENSATION
City shall pay Contractor at the rate of Twenty Cents per pound ($00.20 per pound) for the
loading, transporting and disposal of those consumer electronic items as set forth in Addendum
"A" to Exhibit "A", in an amount not to exceed Twelve Thousand Dollars ($12,000.00) during
the term of this Agreement.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all of the parties hereto and shall continue
in effect until and including December 31, 2018.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving at least thirty (30) working days written notice specifying
the effective date and the reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b. submission of a report, other work product, or advice, whether oral or written, by the
Contractor to the City that is incorrect, incomplete, or does not meet reasonable
professional standards in any material respect, provided that Contractor was notified
in writing of deficiencies, given ten (10) working days to cure deficiencies and
failed to remedy such deficiencies.
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement
is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work
performed prior to the date this Agreement is terminated, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties
by setting forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to
person or property or any other claims to the extent caused by Contractor's negligent conduct or
performance or non-performance of this Agreement; provided, however, that nothing contained in
this Agreement shall be construed as rendering the Contractor liable for acts of the City, its
officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and
thereafter maintain such insurance as will protect it from the claims set forth below which may
arise out of or result from the Contractor's negligent operations under this Agreement, whether
such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly
employed by any of them, or by anyone for whose acts the Contractor may be held responsible.
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A.
C.
0
E.
Coveraze Limits
Worker's Compensation & Statutory
Disability Requirements
Employer's Liability $100,000
Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
Comprehensive Auto Liability (if applicable)
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
F. Errors & Omissions Insurance $1,000,000 per claim
$2,000,000 aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall,
before commencing work under this Agreement, provide the City a certificate of insurance, or a
certificate from the industrial board showing that the Contractor has complied with Indiana Code
Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore
subject to another state's worker's compensation law, Contractor may choose to comply with all
provisions of its home state's worker's compensation law and provide the City proof of such
compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law.
SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM
REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall
provide to the City its signed Affidavit affirming that Contractor does not knowingly employ
an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor
violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than
thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to
remedy the violation within the thirty (30) day period provided above, the City shall consider
Page 3 of 6
the Contractor to be in breach of this Agreement and this Agreement will be terminated. If
the City determines that terminating this Agreement would be detrimental to the public
interest or public property, the City may allow this Agreement to remain in effect until the
City procures a new contractor. If this Agreement is terminated under this section, then
pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual
damages. The Indiana E-Verify Affidavit is attached with this Agreement and incorporated
herein as Exhibit "B".
SECTION VIII. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged
in investment activities in Iran. In the event City determines during the course of this
Agreement that this certification is no longer valid, City shall notify Contractor in writing of
said determination and shall give contractor ninety (90) days within which to respond to the
written notice. In the event Contractor fails to demonstrate to the City that the Contractor has
ceased investment activities in Iran within ninety (90) days after the written notice is given to
the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-
16.5. In the event the City determines during the course of this Agreement that this
certification is no longer valid and said determination is not refuted by Contractor in the
manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be
in breach of this Agreement and terminate the agreement upon the expiration of the ninety
(90) day period set forth above.
SECTION IX. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting
on behalf of Contractor or any sub -contractor shall not discriminate against any employee
or applicant for employment to be employed in the performance of this Agreement, with
respect to hire, tenure, terms, conditions or privileges of employment or any matter
directly or indirectly related to employment, because of race, religion, color, sex,
disability, national origin, or ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any
person acting on behalf of Contractor or any sub -contractor, shall not
discriminate by reason of race, religion, color, sex, national origin or ancestry
against any citizen of the State of Indiana who is qualified and available to
perform the work to which the employment relates;
2. That Contractor, any sub -contractor, or any person action on behalf of Contractor
or any sub -contractor shall in no manner discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race, religion, color, sex, national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each
calendar day during which such person was discriminated against or intimidated
in violation of the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all money
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
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C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees or
agents of the same from all liability which may arise in the course of Contractor's performance of
its obligations pursuant to this Agreement. The City hereby agrees to release and hold harmless
the Contractor and all officers, employees or agents of the same from all liability which may arise
in the course of City's performance of its obligations pursuant to this Agreement.
SECTION XI. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. Any such
delegation or assignment, without the prior written consent of the other party, shall be null and
void. This Agreement shall be controlled by and interpreted according to Indiana law and shall
be binding upon the parties, their successors and assigns. This document constitutes the entire
Agreement between the patties, although it may be altered or amended in whole or in part at any
time by filing with the Agreement a written instrument setting forth such changes signed by both
parties. By executing this Agreement the patties agree that this document supersedes any
previous discussion, negotiation, or conversation relating to the subject matter contained herein.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any.suit
arising out of this Contract must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other
action in any alternative forum, venue, or in front of any other tribunal, court, or administrative
body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right
Contractor may have to bring such suit in front of other tribunals or in other venues.
In the event of any breach of this Agreement by Contractor, and in addition to any remedies,
Contractor shall be liable for costs incurred by City in its efforts to enforce this Agreement,
including but not limited to, City's reasonable attorney's fees, to the proportionate extent that
Contractor is determined to be in breach of this Agreement.
In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
Any person executing this Contract in a representative capacity hereby warrants that he or she has
authorization, in writing, by his or her principal to execute this Contract on behalf of the
Contractor and that such authorization has not been revoked or rescinded.
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IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND, INDIANA
by and through its Board of
Sanitary Commissioners
1Jav,u.
APPROVED:
Page 6 of 6
"CONTRACTOR"
RECYCLE FORCE
By:
Printed : Ir� I �ct- S l�
Title:
Dated: Z
1.0 PURPOSE
The purpose of this Statement of Work and Quote is to define the tasks required of
RecycleForce .C'RF') to provide electronics destruction and recycling at RF processing
facility located at 1255 Roosevelt Avenue, Indianapolis, Indiana 46202 ("RF Facility'l
City of Richmond for their specified location at5242 New Paris Pike Richmond Indiana
46734.
2.0 SCOPE OF WORK
Destruction & Recycling Service
Client materials will be delivered to RF Facility at Client expense in accordance with
agreed administration, logistics and pricing terms outlined below.
RF will provide labor and transportation of IT equipment for destruction and recycling at
RF Facility. Initial pick up will include but Is not limited to TVs. Additional pick-ups may
be scheduled under the terms of this SoW for a period of twelve months from March 14,
2018.
Recycling of electronic material which does not contain cathode ray tubes (CRT) or
refrigerants Is provided at.20/lb. LCD Flat Panel Television processing is provided at
.10/Ib. CRT (televisions, computer monitors) recycling is provided at tiered pricing when
CRT count is off -set by other electronic material at the following ratios:
CRTs = 0 - 29% of total load = $00.14/lb.
CRTs = 30% - 60% of total load $00.17/lb.
CRTs = 61% to 80% of total load $00.20/lb.
CRTs = 81% to 100% of total load $00.20/lb.
The above pricing is offered on whole, in -tact CRT -bearing television and monitors. Units
which are scavenged and/or missing cords, cones and circuit boards will be processed at
..29/lb.
RF will handle the disposition of all classes of materials identified below and will recycle
such systems, subsystems, components and materials. Hard drives are destroyed to
ensure that client data is fully protected. Items will be processed for salvaging and
recycling of the ferrous/non-ferrous metals, glass, plastics and all other recyclable
material,'according to EPA and state guidelines. This process shall be documented by a
Certificate of Destruction and Recycling. RF policy and practice is 0% landfill.
RF will sign for materials designated by Client's authorized representative at the time of
pick up. Upon receipt of equipment from client to an RF representative, the title of
equipment passes from client to RF. A Certificate of Destruction and Recycling will be
Issued to the client for all products recycled by RF. Products are to include conforming
electronic equipment and approved manufacturing materials, as identified in the scope of
work and under Addendum A.
MK-002.Rev. F
1255 Roosevelt Avenue Indianapolis Indiana 46202
317.532.1367 . 317.532.1369 (fax)
www.recycleforce.org
CONFIDENTIAL
EXHIBIT "A" PAGE 1 OF 5
Products will not include trash such as household/office trash, wood, software media or
tape, smoke detectors,. Styrofoam, rubber or non -electronic type scrap. Non -conforming
Items contained in pick-up may result in additional fees.
Administration & Logistics
The cost to recycle other equipment will be quoted upon written request. Terms are
Net+15 days. Invoices, Certificates of Destruction and Recycling and Certificates are
transmitted electronically and will be delivered to Client within (3) business days.
Client agrees to provide RF a minimum of (5) business days advance notice to schedule
delivery at the Client Facility listed in 1.0. Client will provide contact Information for
project manager and/or on site contact person to coordinate this project upon
acceptance of this SoW.
Pricing
Electronics Destruction & Recycling Service $00.20/lb.
Alkaline Batteries .55/lb.
Florescent Straight Bulbs .34/lb.
Other Bulbs Call for pricing
$45.00/ 4 Skid minimum
On -Site Labor / Freight Fee per Pick Up
Additional Services
Certificate of Destruction & Recycling Included
MK-002.Rev. F
1255 Roosevelt Avenue Indianapolis Indiana 46202
317.532.1367 . 317.532.1369 (fax)
www,recycleforce.org
CONFIDENTIAL
EXHIBIT "A" PAGE 2 OF 5
3.0 Data Destruction
Hard Drive and Media Destruction Procedures:
RF personnel or contracted carriers will pick up the equipment at the Client's Location or
the Client may transport the items to our facility with their personnel or by commercial
carrier at Client's expense. Shipments will be documented by and approved by an
approved Bill of Lading (BoL) and will be transported to RF facility in Indianapolis.
Material received at RF is weighed and verified against BoL, Content List or commercial
carrier documentation.
RF assures data destruction for any and all computers with fixed storage devices that
have been designated by the Client and RF. RF performs physical destruction of all fixed
storage devices through de -manufacturing and downstream smelting of hard drives.
4.0 RecycleForce Certifications and Registrations
RecycleForce is an Environmental Protection Agency R2 certified recycler, certificate
#US00013965; registered recycler under the Indiana E-Waste program, registration #49-
01EW in accordance with Indiana Code 13-20.5; and certified by the Indiana Department
of Environmental Management to handle universal waste, registration #NR000134148.
RecycleForce is RIOS (Recycling Industry Operating Standard) certified. RIOS combines
major operational and continual improvement elements of ISO 9001, ISO 14001 and
OHSAS 28001.
5.0 Client Authorization
By signing this Statement of Work, you certify that you are authorized to execute this
SoW and transfer title of materials to RF.
March 26, 2018
Brandy Fritz / RF Customer Relationship Manager Date
Client Printed Name/ Client Signature Date
MK-002.Rev, F
1255 Roosevelt Avenue Indianapolis Indiana 46202
317.532.1367 • 317.532.1369 (fax)
www.recycleforce.org
CONFIDENTIAL
ExHIBIT "A" PAGE 3 OF 5
OEM" "
N I
A cleaner
RECYCLE environment.
FORCEworkforce. stronger
Addendum A
LIST OFF ACCEPTABLE ELECTRONICS
Conformina Materials*
PERSONAL/OFFICE COMPUTERS
CPUs
Monitors
Keyboards
Mice
Hard Drives
Laptops
Mainframe Computers
Modems
PDAs
Servers
Network Switches
OFFICE EQUIPMENT
Toner Cartridges (Laser/Ink)
Copiers
Duplicators
Electric Typewriters
Printers
Printed Circuit Board
Scanners
Uninterruptible Power Supplies
Word Processors
APPLIANCES
Refrigerators/Freezers
CONSUMER ELECTRONICS
Camcorders
Compact Disc Players
DVD Players
Electronic Games
Televisions
Radios
Remote Controls
Tape Players
Stereos
Two -Way Radios
VCRs
1255 Roosevelt Avenue Indianapolis Indiana 46202
317.532.1367 • 317.532.1369 (fax)
www.recycleforce.org
CONFIDENTIAL
TELECOMM
Handsets
Cell Phones
Fax Machines
Pagers
Answering Machines
Telephone Systems
MK-002.Rev. F
EXMBIT "A" PAGE 4 OF 5
Microwaves
Small Kitchen Appliances i.e, toasters, can openers etc.
*Items not listed shall be reviewed for approval on a case by case basis.
MK-002.Rev. F
1255 Roosevelt Avenue Indianapolis Indiana 46202
317.S32.1367 • 317.S32.1369 (fax)
www.recycleforce.org
CONFIDENTIAL
EXHIBIT "A" PAGE 5 OF 5
EXHIBIT "B" to Contract No. 117-2018
Affidavit of Employment Eligibility Verification
The Contractor, Recycle Force, affirms under the penalties of perjury that Contractor does
not knowingly employ an unauthorized alien. If Contractor is self-employed and does not
employ any employees, Contractor verifies he or she is a United States citizen or qualified
alien.
The Contractor has not knowingly employed or contracted with an unauthorized alien and
shall not retain an employee or contract with a person that the Contractor subsequently learns
is an unauthorized alien.
The Contractor has required Contractor's subcontractors to certify to the Contractor that the
subcontractor does not knowingly employ or contract with an unauthorized alien and that the
subcontractor has enrolled and is participating in the E-Verify program. The Contractor will
maintain this certification throughout the duration of the term of a contract with a
subcontractor.
I hereby verify under the penalty of perjury that the foregoing statement is true.
Dated this day of , 2018.
(signature)
(printed name)