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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. Page 2 of 6 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. Page 4 of 6 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. Page 5 of 6 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)