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HomeMy WebLinkAbout99-139 Resolution No. 99-139 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH CURBSIDE, INC. FOR THE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5 .02 .020B(6) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city; and BE IT FURTHER RESOLVED that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Service Agreement on behalf of the City of Elgin with Curbside, Inc. for the city' s Household Hazardous Waste Collection Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 12, 1999 Adopted: May 12, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk SERVICE AGREEMENT THIS AGREEMENT is made this 2oD/1 day of by the City of Elgin, an Illinois municipal corporation ("CITY"), and Curbside, Inc., a California Corporation("CONTRACTOR"). RECITALS WHEREAS, Curbside, Inc., a Safety-Kleen Company ("CONTRACTOR") and CITY desires to utilize the services of CONTRACTOR to establish and manage the City's Door-to-Door Household Hazardous Waste Collection Program; and, WHEREAS, CONTRACTOR is qualified by virtue of experience, training, education, and expertise to accomplish the services. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Term of Agreement. The term of this agreement shall commence upon execution and shall continue for a period of one year. 2. Services to be provided. The services to be performed by CONTRACTOR shall consist of implementing,a Door-to-Door Household Hazardous Waste Collection program to collect household hazardous waste directly from single and multifamily residences within the City per attached proposal(Exhibit"A"). In addition CONTRACTOR will also collect waste from CITY residents at its facility as described in Exhibit A. 3. Compensation. CONTRACTOR shall be compensated as follows: 3.1 CONTRACTOR will charge a fee of $70.00 for recyclable Household Hazardous Waste stops and $90.00 for non-recyclable Household Hazardous Waste stops, not to exceed $50,000.00. Exhibit "A" indicates what comprises recyclable and non- recyclable wastes. 3.2 Method of Payment. CONTRACTOR shall on a monthly basis, submit to City itemized invoice listing all completed stops along with cumulative collection reports indicating the total cost of each stop and amount of waste collected. CONTRACTOR can expect to receive payment within the normal course of business but in any event no later than 45 days after CITY'S receipt of invoice from CONTRACTOR. 3.3 Termination. CITY and CONTRACTOR shall have the right to terminate this Agreement by providing sixty (60) days written notice of intention to terminate this agreement. In the event of any such termination the CONTRACTOR shall be paid for services rendered to the date of termination of this agreement. 1 3.4 Access to Books. CITY may, upon request and during regular business hours, inspect CONTRACTOR'S books, records and other documentation directly related to completed collections in order to verify the number of completed Household Hazardous Waste stops. 4. Insurance Requirements. 4.1 CONTRACTOR or its operating entity performing tasks in CITY will comply with the terms of sections 4.2 through 4.4. 4.2 Commencement of Work. CONTRACTOR shall not commence work under this Agreement until it has obtained all insurance required and the CITY has approved this insurance. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify CITY of any material change, cancellation,or termination at least thirty(30)days in advance. 4.3 Workers' Compensation Insurance. During the duration of this Agreement, CONTRACTOR and shall at all times maintain Workers' Compensation and Occupational Disease Insurance in amounts required under the laws of the State of Illinois. 4.4 Insurance Amounts. CONTRACTOR shall maintain the following insurance for the duration of this Agreement: (a) Comprehensive general liability and automobile liability in the amount of $1,000,000.00 per occurrence; (b) Endorsements for the policies under section 4.3 (a) shall designate CITY as and additional named insured. CONTRACTOR shall provide to the CITY proof of insurance in the form of both certificates of insurance and endorsement forms, as approved by the office of the City Attorney. Such certificate shall provide that the insurance shall not be terminated for any reason without thirty(30)days advance written notice to the City. 5. Non-Liability of Officials and Employees of the CITY and Participating Residents. 5.1 No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR. 5.2 CONTRACTOR will provide a $1,000,000,000.00 indemnity certificate from Safety- Kleen Corp. to the CITY. Certificate is attached as exhibit B and incorporated herein by reference. 5.3 CONTRACTOR will become the Generator for Waste Collected from all homes. Resident liability ends when CONTRACTOR collects the material from the resident's property. 2 6. Non-Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color,creed, religion, sex, marital status, age, handicap, national origin,or ancestry, in any activity pursuant to this Agreement. 7. Independent CONTRACTOR. It is agreed to that CONTRACTOR shall act and be an independent CONTRACTOR and not an agent or employee of CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees. Nothing herein contained is intended or shall be construed to, in any respect, create or establish a partnership,joint venture or employment relationship between the City and Contractor. 8. Compliance with Law. CONTRACTOR shall comply with all applicable laws, ordinances,codes, and regulations of the federal,state, and local government. 9. Disclosure of Documents. All documents or other information developed or received by CONTRACTOR are confidential and shall not be disclosed without authorization by CITY, unless law requires disclosure. 10. Ownership of Work Product. All documents or other information developed by CONTRACTOR and specifically compensated for by CITY shall be the property of CITY. CONTRACTOR shall provide CITY with copies of these items upon demand or upon termination of this Agreement. 11. Conflict of Interest and Reporting. CONTRACTOR shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement. 12. Notices. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process. (a) Address of CONTRACTOR is as follows: Patrick Anderson Curbside, Inc. 1845 Orangewood Avenue Suite 320 Orange, CA 92868 (b) Address of CITY is as follows(with a copy to): City of Elgin Attention: City Manager 150 Dexter Court Elgin, IL 60120 13. CONTRACTOR'S Proposal. (a) CONTRACTOR'S proposal is herein incorporated by reference and enclosed as Addendum"A" 14. Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should CONTRACTOR discover any latent or unknown conditions materially differing from those inherent in the work or as 3 represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONTRACTOR'S risk,until written instructions are received from CITY. 15. Time of Essence. Time is of the essence in the performance of this Agreement. 16. Limitations upon Subcontracting and Assignment. The experience, knowledge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONTRACTOR is permitted to subcontract any part of this Agreement, CONTRACTOR shall be responsible to CITY for the acts and omissions of its SUBCONTRACTOR as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any SUBCONTRACTOR and CITY. All persons engaged in the work will be considered employees of CONTRACTOR. CITY will deal directly with and will make all payments to CONTRACTOR. 17. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement,the parties are formally bound. 18. Indemnification. CONTRACTOR agrees to protect,defend,and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorney's fees, for injury or death of any person, or damage to property, or interference with use of property, arising out of, or in any way connected with performance of the Agreement by CONTRACTOR, CONTRACTOR'S agents, officers, employees, SUBCONTRACTORS, or independent CONTRACTORS hired by CONTRACTOR. The only exception to CONTRACTOR'S responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence of CITY,or any of its elective or appointive boards,officers, agents,or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. Modification. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or written. This Agreement may be modified only by subsequent mutual written agreement executed by CITY and CONTRACTOR. 20. Waiver. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY and CONTRACTOR. 21. State Law. This Agreement shall be construed in accordance with the laws of the State of Illinois. Any action commenced about this Agreement shall be filed in the Kane County Superior Court. 22. Interpretation. This Agreement shall be interpreted as though prepared by both parties. 23. Preservation of Agreement. Should any provision of this Agreement be found invalid or unenforceable, the decision should affect only the provision interpreted, and all remaining provisions shall remain enforceable. 4 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below. DATE: ,S/02 O/ 9 7 "CITY„ CITY OF Elgin,an Illinois municipal corporation Attest: By: City Clerk Mayor CONTRACTOR" Curbside, Inc.(a Safety-Kleen Company) By: DATE: ' APPROVED AS TO CONTENT DATE: 5 Addendum "A" Proposal for a DOOR-TO-DOOR HOUSEHOLD HAZARDOUS WASTE MANAGEMENT PROGRAM For City of Elgin March 20, 1999 Prepared by Curbside, Inc. A Safety-Kleen Company This document is the property of Curbside, Inc. It is intended only for the government entity to which it was submitted. No private or non-profit organization may receive, duplicate or copy this document in any manner. Copyright, Curbside, Inc., 1998 DOOR-TO-DOOR HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM PROPOSAL City of Elgin The following program is a concept developed by Curbside, Inc., a Safety-Kleen Company. PURPOSE To implement a comprehensive system for the year-round collection of household hazardous waste directly from single and multifamily homes on a demand basis. PROGRAM SEGMENTS There are four primary segments to the program: 1. Door-to-Door— City funded The purpose of this segment is to cover the cost of collecting household hazardous waste from the homes as the budget allows and to implement an aggressive public education campaign. 2. Permanent Household Hazardous Waste Collection Center Safety-Kleen Corp., will open its facility located in Elgin, on the first Saturday of every month for a period of four hours for the collection of used oil, antifreeze, used oil filters automotive batteries and paint at no cost to residents or to the City. 3. Used Oil Collection Center Segment Curbside will organize a program to recruit businesses to accept used oil from the public at no cost to the public or to the City. CONCEPT To this end, this proposal recommends a comprehensive package designed to: 1. Encourage residents to reduce the amount of HHW they generate 2. Properly dispose of the HHW that they have stored 3. Inform residents that it is illegal to dispose of HHW in the trash, ground etc. 4. Establish a toll free hotline for information and collection scheduling 5. Collect the HHW directly from their homes 6. Generate data for use in completing yearly waste diversion reports SEGMENT DETAILS The three primary segments of the total program are presented in more detail below: ©Curbside, Inc., December 1998 2 Door-to-Door Collection— City Funded The primary purpose of this segment is to "jump start" the public education effort and to fund the collection of HHW from residents. The primary intent is to eliminate the stockpile of materials that residents tend to create. Preference for this program will be given to Seniors and Disabled persons. The number of stops will be budgeted to ensure that the program runs all year. Safety-Kleen Permanent HHW Center Segment Safety-Kleen Corp. will as a result of the City agreeing to contract with Curbside Inc., for the collection of household hazardous waste from homes, open its facility on the first Saturday of each month from 9 AM until 1 PM. Residents of Elgin may drop off any quantity of used oil, antifreeze, automotive batteries, used oil filters, and paint. This program is not open to businesses. Residents can make appointments through the hotline. From time to time on an emergency basis, residents with more than recyclable HHW will be allowed to drop the material off at the Safety-Kleen facility by appointment. The cost will be the same as for a door-to-door collection. Used Oil Collection Center Segment Curbside/Safety-Kleen personnel will contact local businesses that repair vehicles and recruit them to become collection centers for do-it-yourselfer motor oil. The centers will accept used motor oil from the public at no cost. Safety-Kleen will collect the used oil and ship it for refining into new lubricants. There will be no cost to the business to recycle the used oil dropped off by the public. There is no cost for this effort. FEE SCHEDULE There are two basic fee plans that vary in price according to the materials collected under each plan. The plans should accommodate the disposal needs of about 99% of all residents. CITY/COUNTY FUNDED PROGRAM HHW Materials The price per stop for the collection of all HHW items is: $90.00 This includes the collection of most HHW materials, including those listed above: a. Pesticides b. Herbicides c. Gasoline d. Solvents e. Thinner f. Glue g. Poisons h. Aerosols ©Curbside, Inc., December 1998 3 i. Oil base paint There are other materials not listed here, which may be eligible for this price. The intention is to evaluate what the resident has and charge the appropriate price. Toxic items must fit into the "kit" box, used oil, antifreeze, auto batteries and up to 5 gallons of paint may be placed outside of the box. It is our intent to be flexible with respect to the quantity of waste collected. Safety-Kleen will collect more waste from some residents and less from others. For example, a senior may need to have their garage cleaned out. We may accept several hundred pounds of waste. At another home, we may take only 60 pounds. The average of all collections should easily exceed 75 pounds and approach 100+ pounds. Recycled Materials The price per stop for the collection of recyclable HHW items is: $70.00 Under this plan, most recyclable materials will be eligible for collection, including: a. Used Oil b. Used Antifreeze c. Used Oil filters d. Latex paint—3 gallons e. Automotive batteries These waste streams account for approximately 65% of the total waste stream. Curbside would collect about 150-200# per home. This is significantly more than the 65# of HHW per participant typically collected at most events and permanent centers. We will from time to time accept oil-based paint as well when residents are home. This pricing will be limited to seniors and disabled persons an others who can not make the drop off date (information recorded). AGREEMENT WITH CITY An agreement between Curbside and the City would list the following terms and conditions: A. Curbside would provide the following additional services: 1. Reports on a monthly basis of all collections including waste collected and other information as required. 2. Quarterly meetings with City personnel to discuss the program. 3. Assistance in revising the HHW plans. 4. Complete the HHW portion of any yearly reports to the State or Federal Government. 5. The Safety-Kleen Used Oil Collection Center Program provided at NO COST to the City. 6. Deliver a postage paid survey card to each participant. Cards received by City will be forwarded to Curbside and Curbside will generate reports. ©Curbside, Inc., December 1998 4 PUBLIC EDUCATION ELEMENT An effective public education effort is critical to the success of the entire program. The effort will be introduced through two parallel communication campaigns. • General Umbrella Campaign (Source Reduction) — Emphasizes Source Reduction messages i.e., "Use it till it's empty", "Do not purchase more than you need" and similar themes. • Call to Action Campaign (Disposal Action) — "Call the 1-800-HHW-PKUP hotline and have your HHW collected directly from your home". This effort will provide information to the public about the door-to-door services. It will feature the 800 hotline number, list eligible HHW materials, explain pricing options and introduce Curbside, Inc. as a locally sponsored service. The above elements will be funded differently. Curbside, Inc. will contribute some of the cost as "in-kind". The following is an outline of responsibilities: • Curbside will: • Provide an Umbrella Campaign and the "Source Reduction" program. • Provide funding for some of the "Call to Action" advertising. • Coordinate media placement (no cost for placement effort). • Create layouts and provide art and copy for both campaigns at no cost to the City. • City will: • Assist with press releases. • Lend support for public relations efforts i.e. use of public access cable, City newsletter"Spirit" and other"no cost" vehicles • Code enforcement, fire and other departments to disseminate information. ACTION STEPS The following is a listing of action steps, which must be taken to make this program work. The timing is an estimate based upon a start date, which is triggered by the City/County Council agreeing to provide a contract to Curbside Inc. The following is an example of a program roll out schedule based upon a sample date when the City/County Council would have approved the agreement: • Approval from City Council to enter into a contract ✓ Contract executed ✓ Date set for Press Conference ✓ Work started on public education plan ✓ Meeting to discuss senior/not for profit groups to meet with ✓ Meeting to discuss public education plan —approval ✓ Press Conference- Program Kick off ©Curbside, Inc., December 1998 5 �✓ Begin placing public education messages ✓ First collections scheduled this week ✓ First survey cards received by City ✓ Meeting to discuss program progress For more information or to discuss this proposal, please contact William Anderson at 888-449-3733 email —wba @curbsideinc.com This document is printed on recycled paper. ©Curbside, Inc., December 1998 6