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00-224 Resolution No . 00-224 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH CURBSIDE, INC. FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, 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 household hazardous waste collection and disposal services, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2000 Adopted: October 11, 2000 Omnibus Vote : Yeas 5 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk SERVICE AGREEMENT THIS AGREEMENT is made this (7r# day of ()vrt• 2000 by the City of Elgin, an Illinois municipal corporation("CITY"), and Curbside, Inc., a California Corporation ("CONTRACTOR"). RECITALS WHEREAS, 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 provide such services. AGREEMENT NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby mutually acknowledged,the parties hereto hereby agree as follows: 1. Term of Agreement. The term of this agreement shall commence upon execution and continue through December 31, 2001. 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 the proposal attached hereto and made a part hereof as Exhibit"A"dated August 22, 2000 . In addition CONTRACTOR shall 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 shall charge the City of Elgin a fee of $70.00 for recyclable Household Hazardous Waste stops and $90.00 for non-recyclable Household Hazardous Waste stops, not to exceed $90,000.00 for contract period June 1,2000 through December 31,2001. Exhibit"A"indicates what comprises recyclable and non- recyclable wastes. 3.2 Method of Payment. CONTRACTOR shall on a monthly basis, submit to City an itemized invoice listing all completed stops along with cumulative collection reports indicating the total cost of each stop and amount of waste collected. City shall provide payment to CONTRACTOR no later than 45 days after City's receipt of any such invoice from CONTRACTOR. In no event will CITY be liable to CONTRACTOR for more than$90,000 cumulatively for services provided by this agreement. 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 shall 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 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 City. Such certificate shall provide that the insurance shall not be terminated for any reason without thirty(30) days advance written notice to the City. 4.5 The insurance requirements provided for herein shall apply as primary insurance with respect to any other insurance or self insurance program afforded to CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, and alternatively, if the insurance states that it is excess or pro rata, it shall be endorsed to be primary with respect to 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 shall 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. 2 5.3 CONTRACTOR All resident liability for waste shall cease and shall be assumed by CONTRACTOR upon the collection of material from the resident's property. Contractor shall be the generator, as defined and used by federal and state environmental law for all waste collected pursuant to this agreement 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 agency or 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 Clerk 150 Dexter Court Elgin, IL 60120 3 13. CONTRACTOR'S Proposal. (a) CONTRACTOR'S proposal is herein incorporated by reference and enclosed as Exhibit"A"dated August 22, 2000. 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 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 shall be considered employees of CONTRACTOR. CITY shall deal directly with and shall 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. Nothing herein affects CONTRACTOR'S duty to defend CITY. In the event of any action against CITY, its officers,employees, agents, boards or commissions covered by the foregoing duty to defend and indemnify, such action shall be defended by counsel of City's choosing. 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. 4 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 arising out of in connection with 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. The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement shall be deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below. DATE: /O/( 7,0 a "CITY" CITY OF Elgin,an Illinois municipal corporation Attest: By: A/ __/ / / City Clerk Mayor CONTRACTOR" • Curbside, Inc.(a Safe• Kleen Compaq Bye ,i; DATE: ^^�� 1//fir, i'c4 t 941/46 APPROVED AS TO CONTENT DATE: 5 Exhibit "A" Proposal for a DOOR-TO-DOOR HOUSEHOLD HAZARDOUS WASTE MANAGEMENT PROGRAM For City of Elgin August 22,2000 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., 2000 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 7. Offer small businesses a cost effective opportunity to dispose of their waste 8. Make the disposal of sharps safe and convenient for residents SEGMENT DETAILS The five primary segments of the total program are presented in more detail below: 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 up to 15 gallons of either latex or oil base paint. All liquid material must be in containers of 5 gallons or smaller. This program is not open to businesses. Residents must 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. CESQG Conditionally Exempt Small Quantity Generator Element Any business, not-for-profit, or government agency that generates less than 220 pounds of hazardous waste in a month can sign our certification form and pay for collection of their hazardous waste. The standard $400.00 testing fee is waved (federal and state law allow collection as exempt waste). The prices are reasonable, often less than ©Curbside, Inc., July 2000 3 f. Glue g. Poisons h. Aerosols 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. .r 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 cannot make the drop off date (information recorded). CESQG Pricing There is no cost to the City. The current CESQG price sheet is attached but it is subject to change. Sharps Element Pricing Each one-gallon container includes postage to and from the resident. The total cost for each I gallon container is $36.00 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: ©Curbside, Inc., July 2000 5 CURBSIDE, INC. Statement (e-mail: wba @curbsideinc.com) 1845 Orangewood Ave Suite 320 Orange, CA 92868 Statement Date: Aug 31, 2000 Voice: 714 634-3700 Customer Account ID: Fax: 714 634-3799 ce Account Of: City of Elgin 150 Dexter Court Elgin, IL 60120 Amount Enclosed $ Date Due Date Reference Paid Description Amount Balance 6/30/99 7/30/99 21526 Full 2, 690.00 2, 690. 00 7/28/99 8/27/99 21619 Full 1, 470.00 4, 160. 00 8/30/99 66471 Payment -2, 690. 00 1, 470.00 , 8/31/99 9/30/99 21657 Full 4, 460. 00 5, 930.00 9/13/99 67971 Payment -1, 470. 00 4, 460. 00 9/30/99 10/30/99 21716 Full 5, 440.00 9, 900.00 10/12/99 69031 Payment -4, 460 . 00 5, 440.00 10/31/99 11/30/99 21789 Full 5, 610.00 11, 050.00 11/2/99 67057 Payment -5, 440.00 5, 610.00 11/30/99 12/30/99 21860 Full 5, 040. 00 10, 650.001 12/21/99 71650 Payment -5, 610. 00 5, 040.00 12/31/99 1/30/00 21940 Full 5, 030. 00 10, 070.00 1/4/00 72188 Payment -5, 040. 00 5, 030. 00 1/31/00 3/1/00 22023 Full 2, 590. 00 7, 620. 00 2/15/00 73389 Payment -5, 030. 00 2, 590.00 2/28/00 73791 Payment -2, 590. 00 0.00 2/29/00 3/30/00 22087 Full 1,240 . 00 1,240.00 3/31/00 4/30/00 22185 Full 2, 320.00 3, 560.00 4/25/00 75849 Payment -1, 240. 00 2, 320.00 4/30/00 5/30/00 22236 Full 2, 230.00 4, 550.00 5/22/00 76961 Payment -2, 320.00 2,230.00 5/31/00 6/30/00 22308 Full 2, 950. 00 5, 180. 00 6/30/00 7/30/00 22416 3, 120. 00 8, 300.00 7/3/00 78603 Payment -2,230 . 00 6, 070.00 7/17/00 1 79181 Payment -2, 950.00 3, 120.00 7/31/00 8/30/00 22457 3, 650 . 00 6, 770.00 8/31/00 9/30/00 22496 5,740.00 12, 510.00 1 Total 12, 510. 00 0 - 30 31 - 60 61 - 90 Over 90 days 9, 390. 00 3, 120 . 00 0 . 00 0. 00 Please attend to this payment as soon as possible.