Resolution No. 2010-072RESOLUTION NO. 2010-72'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
SERVICES AGREEMENT BY AND BETWEEN THE CITY OF
VERNON AND RECYCLE SD, INC. FOR COLLECTION OF
ELECTRONIC WASTE
WHEREAS, the City of Vernon ("City") has held electronic
waste recycling events to collect and properly dispose of certain
electronic wastes and electronic devices that are generated by Vernon
residents and businesses ("E-Waste");`and
WHEREAS, with the success of the events and continuing
interest by the business community the Director of Health and
Environmental Control has requested approval to schedule another such
event; and _
WHEREAS, Recycle SD, Inc. ("Recycle SD") the vendor which
assisted the City with the previous events has agreed to collect and
dispose of E-Waste generated by Vernon residents and businesses at no
cost; and
WHEREAS, by memo dated June 2, 2010, the Director `of Health
and Environmental Control has recommended that the City enter into a
services agreement setting forth the terms and conditions under which
Recycle SD will collect E-Waste; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (b)(1) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into a Services agreement with Recycle SD to collect
E-Waste at no cost to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2 The City Council of the City of Vernon hereby
approves the Services Agreement with Recycle SD (the "Agreement"), a
copy of which is attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute the Agreement for, and
on behalf of, the City of Vernon and the City Clerk, or Deputy City
Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, totakewhatever
action is deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized.
SECTION 5: The City Council of the City.of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a fully
executed Agreement to Recycle SD.
2
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 7th day of June, 2010
Name: Hilario Gonzales
Title: Mayor
ATT ST:
Willard G. Y m guc , City Clerk
_3_
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi,. City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2010-72, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Monday, June 7, 2010, and thereafter was duly signed by the
Mayor or,Mayor Pro-Tem of the City of.Vernon.
Executed this 4-
day of June, 2010, at Vernon, California.
W llard G. Y m g chi, City Clerk
(SEAL)
E-WASTE COLLECTION AGREEMENT
THIS AGREEMENT dated May , 2010 by and between Recycle SD, Inc,, a California
corporation, having an office at 8222 Ronson Road, San Diego, CA 92111 (hereinafter referred
to as the "Company") and the City of Vernon, a California municipal corporation, having an
office at 4305 South Santa Fe Ave, Vernon, CA 90055 (hereinafter referred to as the "City"),
hereby agree as follows:
1. City hereby engages Company to collect "covered electronic devices" and
"covered electronic waste", as those terms are defined in the Electronic Waste Recycling Act of
2003 (California Public Resources Code Section 424.60 et seq., as it now exists or may
subsequently be amended), and all implementing regulations thereto (hereinafter collectively
referred to as the "Act"), and other electronic devices (collectively with covered electronic
devices and covered electronic waste, the "Materials") at no cost to the City.
2. The dates, times, and locations of collection events will be mutually agreed upon
by City and Company staff.
3. The initial tern of this Agreement shall expire on May 31, 2011. Subject to
Section 14 of this Agreement, the term shall be automatically renewed for up to three (3)
additional terms of one year each.
4. Company warrants that it is an "authorized collector/recycles," as defined in Cal.
Public Resources Code §42463. Company further warrants that it is in compliance with all
proposed and final regulations of the California Integrated Waste Management Board and its
successor, the California Department of Resources Recycling and Recovery (hercinafter,
"CalRecycle"), and all proposed and final regulations of the California Department of Toxic
Substances Control (hereinafter, "DTSC").
5. Company agrees that it will properly separate all Materials as mandated under
California laws and regulations, including, but not limited to, the Act. Company further agrees
that all Materials originating from collection activities in the City of Vernon will be recycled
properly in accordance to state and federal law.
6. Company agrees to prepare and submit, within thirty (30) days after the
completion of each event, reports that include, at a minimturr, the following types of information
for each event:
a. Number of Vernon residents and businesses served (by vehicle count);
b. Number of non -Vernon residents and businesses served; and
C. Amount (in pounds) of electronic waste collected and diverted from the
landfill.
12720-0003\1226726v2,doe
Insurance.
a. Company shall at all times during the terra of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits Two Million ($2,000,000) combined single limit,
against any personal injury, death, loss or damage resulting from the wrongful or negligent acts
by Company.
b. Company shall at all times during the terra of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle
Liability Insurance covering personal injury and property damage, with minimum limits of One
Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized
by Company in performing the services required by this Agreement.
C. Company agrees to maintain in force at all times during the performance
of work under this Agreement workers' compensation insurance as required by the State of
California and employers liability insurance with a limit not less than One Million Dollars
($1,000,000) per accident.
d. Company shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage which meets all of the requirements of this Agreement.
e. The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+;VII in the latest
edition of Best's Insurance Guide.
f. Company agrees that if it does not keep the required insurance in full force
and effect City may either immediately terminate this Agreement or, if insurance is available at a
reasonable cost, City may take out the necessary insurance and pay, at Company's expense, the
premium thereon.
g. At all times during the term of this Agreement, Company shall maintain
on file with the City Clerk a certificate or certificates of insurance on the form set forth in
Exhibit A, attached hereto and incorporated herein, showing that the aforesaid policies are in
effect in the required amounts. Company shall, prior to commencement of work under this
Agreement, file with the City Clerk such certificate or certificates. The policies of General
Liability and Auto Liability insurance required by this Agreement shall contain an endorsement
listing the City as an additional insured. All of the policies required under this Agreement shall
contain an endorsement providing that the policies cannot be canceled or reduced except on
thirty (30) days prior written notice to City, and specifically stating that the coverage contained
in the policies affords insurance pursuant to the terms and conditions as set forth in this
Agreement.
h. The insurance provided by Company shall be primary to any coverage
available to City. The policies of General Liability and Auto Liability insurance required by this
Agreement shall include provisions for waiver of subrogation.
12720-0003\1226726v2.doc 2
i. Any deductibles or self insured retentions must be declared to and
approved by City. At the option of City, Company shall either reduce or eliminate the
deductibles or self insured retentions with respect to City, or Company shall procure a bond
guaranteeing payment of losses and expenses
Indemnification.
a. To the fullest extent permitted by law, Company hereby agrees, at its sole
cost and expense, to defend, protect, indemnify, and hold harmless the City, the City Council,
and their respective officers, attorneys, agents, representatives, contractors, shareholders, elected
and appointed officials, employees, volunteers, successors, and assigns (individually as
"Indemnitee" and collectively, "Indemnitees") from and against any and all damages, costs,
expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments,
penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys,
expert witnesses, contractors, or other professionals and all costs associated therewith
(collectively, "Claims"), to the extent arising or claimed to arise out of, in connection with,
resulting from, or related to any act, error, omission or failure to act of Company or any of its
subcontractors and their respective officers, agents, servants, employees, subcontractors, material
men, suppliers or their respective officers, agents, servants or employees or Company's failure to
perform or negligent performance of any term, provision, covenant, or condition of the
Agreement, including this indemnity provision. This indemnity also applies to any Claims of
any type or nature asserted on behalf of any of contractor's subcontractors. This indemnity
provision shall survive the termination of the Agreement and is in addition to any other rights or
remedies which Indemnitees may have under the law. Payment is not required as a condition
precedent to an Indemnitees' right to recover under this indemnity provision, and an entry of
judgment against an Indemnitee shall be conclusive in favor of the Indemnitees' right to recover
under this indemnity provision. An Indemnitee shall have the right to select the attorneys to
represent it in the event of a Claim and at Company's expense. Company shall pay Indemnitees
for any attorney's fees, contractor and expert witness fees and costs incurred in enforcing this
indemnification provision. This indemnity is effective without reference to the existence -of
applicability of any insurance coverages which may have been required under the Agreement or
any additional insured endorsements which may extend to Indemnitees.
b. Company, on behalf of itself and all parties claiming under or through it,
hereby waives all rights of subrogation and contribution against any Indernnitee with respect to
those Claims as to which such Indemnitee is indemnified under Subsection (a) above.
9. Warranties.
a. No Reliance. Company represents, warrants and acknowledges that it is
not relying on City in any respect to disclose any facts or information regarding the Materials.
City makes no warranties or representations whatsoever regarding the condition of such
Materials.
b. Investigation. Company acknowledges that it is entering into this
Agreement solely in reliance on is own investigation and assessment. Company further
acknowledges that it has had sufficient time to conduct whatever investigation it has desired to
12720-0003\ 1 226726v2.doc 3
make with respect to the transportation, destruction, recycling and disposal of the Materials and
the qualifications required therefor.
C. Authority. Company warrants that the undersigned representative has the
ability and authority to sign this Agreement and therefore bind Company to all of the terms
contained herein.
10. Company is and shall at all times remain, as to City, a wholly independent
contractor. Neither City nor any of its agents shall have control over the conduct of Company or
any of Company 's employees, except as herein set forth. Company shall not, at any time, or in
any manner, represent that it or any of its agents or employees are in any manner agents or
employees of City.
11. This Agreement may not be assigned in whole or in part by either party, without
the prior written consent of the City.
12. Company agrees to abide by the standards for the acceptable treatment of
hazardous waste, including but not limited to specified in the Final Text of Regulations
Electronic Hazardous Waste Effective February 3, 2003; Department Reference Number R-01-
06; specifically, Article 7 Standards for CRT Materials Handlers, as well as those best practices
associated with handling other qualified materials covered under this Agreement.
13. Company agrees to comply with all applicable Federal, State and local laws,
regulations and policies in carrying out its responsibilities under this Agreement.
14. The parties agree that this Agreement is terminable at will at any time by either
party hereto, upon 10 days written notice to the other part. No amendments or variations of the
terms and conditions of this Agreement shall be valid unless in writing and signed by both of the
parties hereto.
15. Any portion of this Agreement determined in a court of law to be invalid shall not
nullify the remainder of the Agreement as valid and in force.
16. The waiver by City of a breach of any provision of this Agreement by Company
shall not operate or be construed as a waiver of any subsequent breach by City. No waiver shall
be valid unless in writing and signed by an authorized officer of City.
12720-0003\1226726v2.doc 4
17. This agreement shall be binding upon and insure to the benefit of the respective parties
hereto and their executors, administrators, heirs, personal representatives, successors and
assigns.
Recycle SD, Inc.
Naive:
Position:?(--e3 i� ct—
City of Vernon
By:
Name: Hilario Gonzales
Position: Mayor
ATTEST:
Willard G. Yamaguchi, City Clerk
APPROVED AS TO FORM:
Laurence S. Wiener, City Attorney
5
Position:
OFMCE OF THE CITY CLERK
430 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-Ml
June 8, 2010
Recycle SD, Inc.
8222 Ronson Road
San Diego, CA 92111
Re: E-Waste Collection Agreement
To Whom It May Concern:
The insurance requirements have been meta Transmitted herewith is a fully executed agreement,
as referenced above, approved by City Council on June 7, 2010, through Resolution No. 2010-
72.
If you have any questions regarding this matter, please call Mr. Lewis Pozzebon at 323/583-8811
ext. 229.
E
yours, G.M G C I
WY:dj
Enclosure
c: Lewis Pozzebon
Purchasing Department
Resolution No. 2010-72
Agreement File No. 10-036
dusive fi 1mduA aC
E-WASTE COLLECTION AGREEMEN T
THIS AGREEMENT dated May 'Z'_, 2010 by and between Recycle SD, Inc., a California
corporation, having an office at 8222 Ronson Road, San Diego, CA 92111 (hereinafter referred
to as the "Company") and the City of Vernon, a California municipal corporation, having an
office at 4305 South Santa Fe Ave, Vernon, CA 90058 (hereinafter referred to as the "City"),
hereby agree as follows:
1. City hereby engages Company to collect "covered electronic devices" and
"covered electronic waste", as those terms are defined in the Electronic Waste Recycling Act of
2003 (California Public Resources Code Section 42460 et seq., as it now exists or may
subsequently be amended), and all implementing regulations thereto (hereinafter collectively
referred to as the "Act"), and other electronic devices (collectively with covered electronic
devices and covered electronic waste, the "Materials") at no cost to the City.
2. The dates, times, and locations of collection events will be mutually agreed upon
by City and Company staff.
3. The initial term of this Agreement shall expire on May 31, 2011. Subject to
Section 14 of this Agreement, the term shall be automatically renewed for up to three (3)
additional terms of one year each.
4. Company warrants that it is an "authorized collector/recycler," as defined in Cal.
Public Resources Code §42463. Company further warrants that it is in compliance with all
proposed and final regulations of the California Integrated Waste Management Board and its
successor, the California Department of Resources Recycling and Recovery (hereinafter,
"CalRecycle"), and all proposed and final regulations of the California Department of Toxic
Substances Control (hereinafter, "DTSC").
5. Company agrees that it will properly separate all Materials as mandated under
California laws and regulations, including, but not limited to, the Act. Company further agrees
that all Materials originating from collection activities in the City of Vernon will be recycled
properly in accordance to state and federal law.
6. Company agrees to prepare and submit, within thirty (30) days after the
completion of each event, reports that include, at a minimum, the following types of information
for each event:
a. Number of Vernon residents and businesses served (by vehicle count);
b. Number of non -Vernon residents and businesses served; and
C. Amount (in pounds) of electronic waste collected and diverted from the
landfill.
12720-0003\1226726v2.doc
7. Insurance.
a. Company shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits Two Million ($2,000,000) combined single limit,
against any personal injury, death, loss or damage resulting from the wrongful or negligent acts
by Company.
b. Company shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle
Liability Insurance covering personal injury and property damage, with minimum limits of One
Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized
by Company in performing the services required by this Agreement.
C. Company agrees to maintain in force at all times during the performance
of work under this Agreement workers' compensation insurance as required by the State of
California and employers liability insurance with a limit not less than One Million Dollars
($1,000,000) per accident.
d. Company shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage which meets all of the requirements of this Agreement.
e. The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+;VII in the latest
edition of Best's Insurance Guide.
f. Company agrees that if it does not keep the required insurance in full force
and effect City may either immediately terminate this Agreement or, if insurance is available at a
reasonable cost, City may take out the necessary insurance and pay, at Company's expense, the
premium thereon.
g. At all times during the term of this Agreement, Company shall maintain
on file with the City Clerk a certificate or certificates of insurance on the form set forth in
Exhibit A, attached hereto and incorporated herein, showing that the aforesaid policies are in
effect in the required amounts. Company shall, prior to commencement of work under this
Agreement, file with the City Clerk such certificate or certificates. The policies of General
Liability and Auto Liability insurance required by this Agreement shall contain an endorsement
listing the City as an additional insured. All of the policies required under this Agreement shall
contain an endorsement providing that the policies cannot be canceled or reduced except on
thirty (30) days prior written notice to City, and specifically stating that the coverage contained
in the policies affords insurance pursuant to the terms and conditions as set forth in this
Agreement.
h. The insurance provided by Company shall be primary to any coverage
available to City. The policies of General Liability and Auto Liability insurance required by this
Agreement shall include provisions for waiver of subrogation.
12720-0003\1226726v2.doc 2
i. Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, Company shall either reduce or eliminate the
deductibles or self -insured retentions with respect to City, or Company shall procure a bond
guaranteeing payment of losses and expenses
8. Indemnification.
a. To the fullest extent permitted by law, Company hereby agrees, at its sole
cost and expense, to defend, protect, indemnify, and hold harmless the City, the City Council,
and their respective officers, attorneys, agents, representatives, contractors, shareholders, elected
and appointed officials, employees, volunteers, successors, and assigns (individually as
"Indemnitee and collectively, "Indemnitees") from and against any and all damages, costs,
expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments,
penalties; liens, and Iosses of any nature whatsoever, including fees of accountants, attorneys,
expert witnesses, contractors, or other professionals and all costs associated therewith
(collectively, "Claims"), to the extent arising or claimed to arise out of, in connection with,
resulting from, or related to any act, error, omission or failure to act of Company or any of its
subcontractors and their respective officers, agents,servants, employees, subcontractors, material
men, suppliers or their respective officers, agents, servants or employees or Company's failure to
perform or, negligent performance of any term, provision, covenant, or condition of the
Agreement, including this indemnity provision. This indemnity also applies to any Claims of
any type or nature asserted on behalf of any of contractor's subcontractors. This indemnity
provision shall survive the termination of the Agreement and is in addition to any other rights or
remedies which Indemnitees may have under the law. Payment is not required as a condition
precedent to an Indemnitees' right to recover under this indemnity provision, and an entry of
judgment against an Indemnitee shall be conclusive in favor of the Indemnitees' right to recover
under this indemnity provision. An Indemnitee shall have the right to select the attorneys to
represent it in the event of a Claim and at Company's expense. Company shall pay Indemnitees
for any attorney's fees, contractor and expert witness fees and costs incurred in enforcing this
indemnification provision. This indemnity is effective without reference to the existence or
applicability of any insurance coverages which may have been required under the Agreement or
any additional insured endorsements which may extend to Indemnitees.
b. Company,, on behalf of itself axed all parties claiming under or through it,
hereby waives all rights of subrogation and contribution against any Indemnitee with respect to
those Claims as to which such Indemnitee is indemnified under Subsection (a) above.
9. Warranties.
a. No Reliance. Company represents, warrants and acknowledges that it is
not relying on City in any respect to disclose any facts or information regarding the Materials.
City makes no warranties or representations whatsoever regarding the condition of such
Materials.
b. Investigation. Company acknowledges that it is entering into this
Agreement solely in reliance on is own investigation and assessment. Company further
acknowledges that it has had sufficient time to conduct whatever investigation it has desired to
12720-0003\1226726v2.doe 3
make with respect to the transportation, destruction, recycling and disposal of the Materials and
the qualifications required therefor.
C. Authority. Company warrants that the undersigned representative has the
ability and authority to sign this Agreement and therefore bind Company to all of the terms
contained herein.
10. Company is and shall at all times remain, as to City, a wholly independent
contractor. Neither City nor any of its agents shall have control over the conduct of Company or
any of Company 's employees, except as herein set forth. Company shall not, at any time, or in
any manner, represent that it or any of its agents or employees are in any manner agents or
employees of City.
11. This Agreement may not be assigned in whole or in part by either party, without
the prior written consent of the City.
12. Company agrees to abide by the standards for the acceptable treatment of
hazardous waste, including but not limited to specified in the Final Text of Regulations
Electronic Hazardous Waste Effective February 3, 2003; Department Reference Number R-01-
06; specifically, Article 7 Standards for CRT Materials Handlers, as well as those best practices
associated with handling other qualified materials covered under this Agreement.
13. Company agrees to comply with all applicable Federal, State and local laws,
regulations and policies in carrying out its responsibilities under this Agreement.
14. The parties agree that this Agreement is terminable at will at any time by either
party hereto, upon 10 days written notice to the other part. No amendments or variations of the
terms and conditions of this Agreement shall be valid unless in writing and signed by both of the
parties hereto.
15. Any portion of this Agreement determined in a court of law to be invalid shall not
nullify the remainder of the Agreement as valid and in force.
16. The waiver by City of a breach of any provision of this Agreement by Company
shall not operate or be construed as a waiver of any subsequent breach by City. No waiver shall
be valid unless in writing and signed by an authorized officer of City.
12720-0003\1226726v2.doe 4
17. This agreement shall be binding upon and insure to the benefit of the respective parties
hereto and their executors, administrators, heirs, personal representatives, successors and
assigns.
Recycle SD, Inc.
By:0,
Name:
Position:?i`e'S
City of Vernon
By:
Name: Hilario Gonzales
Position: Mayor
1-3
APPROVED AS TO` -FORM:
auren S Wiener, City Attorney
5
B` `f
y•
Na
Position: S'erv-ZfAw
Page ]. of 1
Juarez, Debbie
From: Barcia, Ana
Sent: Monday, June 07, 2010 3:32 PM
To: Juarez, Debbie
Subject: RE: RECYCLE SD INSURANCE VERIFICATION
Hi Debbie,
Current insurance on file for Recycle SD.
Thanks,
Ana Barcia
City of Vernon
Risk Management Department
T: 323) 583-8811 ex 286
F: 323) 826-1439
abarcia@6.vemon.ca.us
From: Juarez, Debbie
Sent: Monday, June 07, 2010 3:21 PM
To: Barcia, Ana
Subject: RECYCLE SD INSURANCE VERIFICATION
6/7/2010
IECEIVt
JUN 0 2 2010
STAFF REPORT CITY CLERKS OFFICE*
HEALTH &ENVIRONMENTAL CONTROL DEPARTMENT
DATE; June 1, 2010
TO: Honorable Mayor and City Council
Y t3'
FROM: Lewis. Pozzebon, Director / Health Officer
RE: Request to Approve an Agreement with Recycle SD, Inc. for the Conduct of E-Waste
Recycling Events, and to Schedule a Summer 2010 Electronic Waste (E-Waste)
Recycling Event for Vernon Businesses
With the success of electronic waste collection events held in Vernon (August 2007, February 2008, September
2008, April 2009, and October 2009) and continuing interest by the business community, we would like to
request your approval to schedule another event in July. Recycle SD, Inc., the vendor which assisted the City
with the previous events, has again agreed to help us collect and properly dispose of e-wastes and also some
universal wastes that are generated by Vernon businesses. Recycle SD, Inc. will be providing its services at no
cost to the City.
The proposed agreement would authorize Recycle SD, Inca to conduct E-Waste Recycling events for a period of
one year, with three automatic one year renewals. Either party may terminate the agreement upon 10 days
written notice. The date, times, and locations of collection events will be mutually agreed upon by the City and
Recycle SD, Inc.
This year's Summer 2010 E-Waste Recycling Event is tentatively scheduled for Wednesday, July 21, 2010 at
Fire Station #1 at Fruitland and Downey Road. Recycle SD, Inc. will provide all of the necessary equipment and
most of the manpower (some participation by our department and Community Services personnel may be
required for logistical purposes). In addition, Recycle SD, Inc. is willing to help us to publicize and promote the
event. Recycle SD, Inc. will not charge Vernon businesses that drop off the materials listed on as allowable on
the attached flyer, except that there will be a nominal fee ($.25 ` per foot for fluorescent light tubes &
$1.00/pound for loose dry -cell batteries) for certain universal waste to be collected.
Attached are copies of the proposed event flyer and communications we have received from Recycle SD, Inc.,
including an agreement, proof of insurance (expired policies will be renewed and re -submitted prior to event),
and a list of items that would be accepted for free at the recycling event.
Please let us know if there is additional information needed or questions.
Attachments
:
JUN 0 2 2010
9cLG:E-Waste/ Event Memo to City Council Summer 2010 (2).doc
,M CERTIFICATE F LIABILITY INSURANCE
PATE10.-
516;2'010
PRODUCER 909.484.2456 FAX 909.484.2491
Cumbre Insurance Services
Lie# 0708981
3333 Concours Suite 5100
Ontario, CA 91764
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC i4
INSURED Recycle SD, Inc
8222 Ronson Road
San Diego, CA 92111
-
INSURERA:. Century Surety Company
INSURER B: Hartford Property & Casualty
34690
INSURERC: State Compensation Ins. Fund
INSURER D: -
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDfCATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
ADDIISR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
03/31/203.0
POLICY EXPIRATION
03/31/2011
e - LIMITS
GENERAL LIABILITY
CCP639196
EACII OCCURRENCE
S 1,000,000
X COMMERCIAL GENERAL LIABILITY
-
DAMAGE TO RENTED
lOOOOO
rosnuroncv) $
CLAIMS MADE ®OCCUR
PREM ISES_(L=a
$ 5,000
MED EXP (Any one person)
A
X
X $ 500 PD/I3I - 0ed
-
PERSONAL & ADV INJURY
S -. 1,000,000
-
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMITAPPLIESPER:
PRODUCTS - COMP/OP AGG
$ 2,000,000
POLICY P,- LOC
AUTOMOBILE LIABILITY
72UECVZ9014
06/25/2009
06/25/2010
X ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
$
1,000,000
ALL OWNED AUTOS
BODILY INJURY
-
$
g
SCHEDULED AUTOS
(Per Person)
X HIRED AUTOS
BODILY INJURY
X NON -OWNED AUTOS
(Per accident)
$
PROPERTY DAMAGE
$
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$ -
ANY AUTO
-
OTHER THAN EA ACC
$
AUTO ONLY: AGO
$
EXCESS/UMBRELLA LIABILITY
CCP644120
03/31/2010
03/31/2011
EACH OCCURRENCE
S 1,000,000
X OCCUR CLAIMS MADE
AGGREGATE
$ 1,000,000
A
X
S
DEDUCTIBLE-.--
$
RETENTION $
WORKERS COMPENSATION AND
189680309
08/18/2009
08/18/2010
WC STATUc OTH-
Y LIMITS ER
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT"
S 1,000,000
C
ANY PROPRIETOR/PARTNEIVEXECUTIVE
OFFICERIMEMBER EXCLUDED?
-
-
E.L. DISEASE - EA EMPLOYE
$ 150001000
It yes, describe under
SPECIAL PROVISIONS below
E.C. DISEASE -POLICY LIMIT
-
$ 1,000,000
OTHER ICCP639196
Property Insurance
O3/31/2010
03/31/2011
Business Personal Property @
A
$144,371,Special, Theft Inc.
$1,000 Ded
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL. PROVISIONS
Certificate holder is hereby Named Additional Insured on General Liability policy per form CCL1816
(1-06). [-Waste Collection at 3375 Fruitland Ave., Vernon, Ca 90058.
*10' day notice of cancellation applies in the event of non payment of premium.
Primary wording applies per form CGL1816 (1-06). General Liability Waiver per form CG2404 (10-93).
uto Waiver of Subrogation per form RA9916 (0706), item 15. Auto Additional Insured applies per policy.
City of Vernon, its officers, and Employees
4305 Santa Fe Avenue
Vernon, CA 90058
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
* 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR
AUTHORIZED REPRESENTATIVE e
A(;UH .7 Z5 (ZU01/U8) OACORD CORPORATION 1988
City of Vernon E- Waste Recycling Event
The City, of Vernon Health Department, along with Recycle San Diego, has scheduled
another, business, electronics waste (e waste) recycling event in Vernon!
For one day only, Vernon businesses will be able to drop-off most e-wastes and the City
will provide for the removal and disposal for free..
When: Wednesday, July 21, 2010
From 10:00 A,Mf until 2:00 PM
;
Where: Vernon Fire Station #1
337`5 Fruitlamd Ave
(Enter on driveway next to 3345 Fruitland Ave., and follow the arrows)
Items allowed: Personal co-mputers//laptops;, CRT monitors/TV"stplasmaIPL;C ,, screens,
keyboards, mice/trackballs, type writers, copiers/faxes, telephones/cell phones,
answering, machines, pagers,, radios, stereos/speakers,; `iCR's/D :% ! % players, remote
controls, modems/servers, circuit boards, and hard drives.
(Only items listed can be accepted; no household hazardous wastes; such as paint,
solvents, pesticides,, oils;, etc.,, are permitted);
In addition: Loose alkaline batteries will be accepted at $1.00 / pound.
Straight fluorescent tubes will be accepted at &25 / foot,, and compact
fluorescent bulbs (household) at $1.00 each.
No computer cartridges will be accepted this time.,
(For questions or for businesses requiring special handling or large loads are encouraged
to contact us at 3231583-8811 extension 231.)
N Electronic Waste Accepted At Our Recycling Event:
Personal Computers
Monitors
Servers
Copiers
Batteries (AA, AAA, C, D, 9V)
DVD players
@ $1.00 / pound
Electric typewriters
Typewriters
Electronic games
Hard drives
Computers
Laptops
Telephones
Telephone equipment
Microwave ovens
Scanners
Televisions
Tape players
Testing equipment
Two-way radios
Stereos
Transparency makers
Uninterruptible power supplies
VCRs
Word processors
Printed circuit boards
Mobile (cell) phones
Modems
Pagers
PDA's
Printers
Radios
Remote controls
Answering machines
Camcorders
CD players
Fluorescent: Compact bulbs $1.00
each; Straight tubes $.25/foot
RECEIVED
JUN 0 2 2010
CITY CLERK'S OFFICE
STAFF REPORT
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
DATE: June 2, 2010
TO: Donal O'Callaghan, City Administrator
g � tY o
FROM: Lewis Pozzebon, Director / Health Officer
Cc: Leonard Grossberg, Chief Deputy Director
RE: Request to Approve an Agreement with Recycle SD, Inc. for the Conduct of
E-Waste Recycling Events, and to Schedule a Summer 2010 Electronic Waste
(E-Waste) Recycling Event for Vernon Businesses
This memo will serve as a transmittal of a revised Staff Report which includes the recent changes
recommended by the City Attorney in the request to approve an agreement with Recycle SD, Inc.
for the conduct of E-Waste Recycling events, and to schedule a summer 2010 recycling event for
Vernon businesses.
Also attached are copies of the proposed event flyer and communications we have received from
Recycle SD Inc., including an amended agreement (amended by City Attorney to include a fixed
term, and three one-year renewal periods), proof of insurance (expired policies will be renewed and
re -submitted prior to event), and a list of items that would be accepted for free at the recycling event.
With your approval and City Attorneys concurrence, staff can prepare a resolution and present the
package to the City Council on Monday June 7, 2010.
Attachments
CIEWRECEIVE
..
Ei ii € c q
Ej JUN 1 l
CITY ATTORNEY DEPT.
i STAFF
f ♦ ENVI]KONWNTAL ! $ • DIRPARTMEENT
DATE: June 1, 2010
To Honorable Mayor and City Council-
FROM: Lewis Pozzebun, Director / Health Officer fijy�,
/> rrovG sin Agnccd,.e.� ..:f+. kc• ,,u .�j Zv,, ,
RE: Request to he e a Summer 2010 Eledronk Waste Waste) Recycling
hestfor- veraen Rusilnesses
SZ)
With the success of electromc waste collection events held in Vernon (August 2007, February 8,
S p, April 2009, and timber 2009) and continuing, interest by the business 'ty,
vw wtrx0d i ce to request your appmval to ale another event m hilt' Recycle _ the
vendor which assisted the City with the previous events, has again agreed to help us collect and
properly dispose of e-wastes and. also some universal wastes that are generated by Vernon
businesses- SBa%B'W will be providing its se -vices at no cost to the City
This year's -Summer 2010 E Waste Recycling Event is tentatively - scheduled or Wednesday Jiilv
21, 2a10 at Fine Station #1 at Fruitland and Downey Road. Recycle will provide all of
theneaay equipment and most of theparticipation (someby our depar6ment and:
Comintmity Services personnel may be refired for logistical purp ), In addition,, Recycle Be Ste;
-loge is vniiing to help us to publicize and promote the event_ The wrwwp"OWTmrft-C��
d
Role Sao fumn dt-mu
ol a n�aniiraal fee ( 25 per foot for
fluoresoent ligla►t & $'1.00 p for loose dry -cell batteries) for certain universal waste to be
collected.
S�
Attached are copies of the proposed event flyer and communications we have reeeived from Recycle S (�
Sm Diego, including an agreement, proof of insurance (expired policies will be renewed and re-
submitted prior to event), and a list of items that would be accepted for free at the recycling evens:
Please let us know if there is additional information needed or moons.
_! Attachments
x sp
The proposed agreement would authorize Recycle Saftl)ioge to conduct E-Waste Recycling events for a period
of one year, with three automatic one year renewals_ Either party may terminate the agreement upon 10 days
written notice. The dates, times, and locations of collection events will be mutually agreed upon by the City and
Recycle moo.
So
_..
i4iii,not charge Vernon business that drop off the materials listed on as allowable
on the attached flyer, except that there will be
lE-WASTE COLLECTION AGREEMENT
THIS AGREEMENT dated May _ `, 2010 by and between Recycle SD, Inc., a California
corporation, having an office at 9222 Ronson Road, San Diego, CA 92111 (hereinafter referred
to as the "Company") and the City of Vernon, a California municipal corporation, having an
office at 4305 South Santa Fe Ave, Vernon, CA 90058 (hereinafter referred to as the "City"),
hereby agree as follows:
1. City hereby engages Company to collect "covered electronic devices" and
"covered electronic waste", as those terms are defined in the Electronic Waste Recycling Act of
2003 (California Public Resources Code Section 42460 et seq., as it now exists or may
subsequently be amended), and all implementing regulations thereto (hereinafter collectively
referred to as the "Act"), and other electronic devices (collectively with covered electronic
devices and covered electronic waste, the "Materials") at no cost to the City.
2. The dates, times, and locations of collection events will be mutually agreed upon
by City and Company staff.
3. The initial term of this Agreement shall expire on May 31, 2011. Subject to
Section 14 of this Agreement, the term shall be automatically renewed for up to three (3)
additional terms of one year each.
4. Company warrants that it is an "authorized collector/recycles," as defined in Cal.
Public Resources Code §42463. Company further warrants that it is in compliance with all
proposed and final regulations of the California Integrated Waste Management Board and its
successor, the California Department of Resources Recycling and Recovery (hereinafter,
"CalRecycle"), and all proposed and final regulations of the California Department of Toxic
Substances Control (hereinafter, "DTSC").
5. Company agrees that it will properly separate all Materials as mandated under
California laws and regulations, including, but not Iimited to, the Act. Company further agrees
that all Materials originating from collection activities in the City of Vernon will be -recycled
properly in accordance to state and federal law.
6. Company agrees to prepare and submit, within thirty (30) days after the
completion of each event, reports that include, at a minimum, the following types of information
for each event:
a. . Number of Vernon residents and businesses served (by vehicle count);
b. Number of non -Vernon residents and businesses served; and
C. Amount (in pounds) of electronic waste collected and diverted from the
landfill.
12720-0003\1226726Q.doc
7. Insurance.
a. Company shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits Two Million ($2,000,000) combined single limit,
against any personal injury, death, loss or damage resulting from the wrongfid or negligent acts
by Company.
b. Company shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle
Liability Insurance covering personal injury, and property damage, with minimum limits of One
Million Dollars ($1,000,000) per occurrence combined single limit; covering any vehicle utilized
by Company in performing the services required by this Agreement.
C. Company agrees to maintain in force at all times during the performance
of work under this Agreement workers' compensation insurance as required by the State of
California and employers liability insurance with a limit not less than One Million Dollars
($1,000,000) per accident.
d. Company shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage which meets all of the requirements of this Agreement.
e. The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+;VII in the latest
edition of Best's Insurance Guide.
f. Company agrees that if it does not keep the required insurance in full force
and effect City may either immediately terminate this Agreement or, if insurance is available at a
reasonable cost, City may talce out the necessary insurance and pay, at Company's expense, the
premium thereon.
g. At all times during the term of this Agreement, Company shall maintain
on file with the City Clerk a certificate or certificates of insurance on the form set forth in
Exhibit A, attached hereto and incorporated herein, showing that the aforesaid policies are in
effect in the required amounts. Company shall, prior to commencement of work under this
Agreement, file with the City Clerk such certificate or certificates. The policies of General
Liability and Auto Liability insurance required by this Agreement shall contain an endorsement
listing the City as an additional insured. All of the policies required tinder this Agreement shall
contain an endorsement providing that the policies cannot be canceled or reduced except on
thirty (30) days prior written notice. to City, and specifically stating that the coverage contained
in the policies affords insurance pursuant to the terms and conditions as set forth in this
Agreement.
h. The insurance provided by Company shall be primary to any coverage
available to City. The policies of General Liability and Auto Liability insurance required by this
Agreement shall include provisions for waiver of subrogation.
12720-0003\1226726v2.doe 2
i. Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, Company shall either reduce or eliminate the
deductibles or self -insured retentions with respect to City, or Company shall procure a bond
guaranteeing payment of losses and expenses
8. Indemnification.
a. To the fullest extent permitted by law, Company hereby agrees, at its sole
cost and expense, to defend, protect, indemnify; and hold harmless the City, the City Council,
and their• respective officers, attorneys, agents, representatives, contractors, shareholders, elected
and appointed officials, employees, 'volunteers, successors, and assigns (individually as
"Indemnitee" and collectively, "Indemnitees") from and against any and all damages, costs,
expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments,
penalties, liens, and Iosses of any nature whatsoever, including fees of accountants, attorneys,
expert witnesses, contractors, or other professionals 'and all costs associated therewith
(collectively, "Claims"), to the extent arising or claimed to arise out of, in connection with,
resulting from, or related to any act, error, omission or failure to act of Company or any of its
subcontractors and their respective officers, agents, servants, employees, subcontractors, material
men, suppliers or their respective officers, agents, servants or employees or Company's failure to
perform or negligent performance of any term, provision, covenant, or condition of the
Agreement, including this indemnity provision. This indemnity also applies to any Claims of
any type or nature asserted on behalf of any of contractor's subcontractors. This indemnity
provision shall survive the termination of the Agreement and is in addition to any other rights or
remedies which Indemnitees may have under the law. Payment is not required as a condition
precedent to an Indemnitees' right to recover under this indemnity provision, and an entry of
judgment against an Indemnitee shall be conclusive in favor of the Indemnitees' right to recover
under this indemnity provision. An Indemnitee shall have the right to select the attorneys to
represent it in the event of a Claim and at Company's expense. Company shall pay Indemnitees
for any attorney's fees, contractor and expert witness fees and costs incurred in enforcing this
indemnification provision. This indemnity is effective without reference to the existence or
applicability of any insurance coverages which may have been required under the Agreement or
any additional insured endorsements which may extend to Indemnitees.
b. Company, on behalf of itself and all parties claiming, under or through it,
hereby waives all rights of subrogation and contribution against any Indemnitee with respect to
those Claims as to which such Indemnitee is indemnified tinder Subsection (a) above.
9. Warranties.
a. No Reliance. Company represents, warrants and acknowledges that it is
not relying on City in any respect to disclose any facts or information regarding the Materials.
City makes no warranties or representations whatsoever regarding the condition of such
Materials.
b. Investigation. Company acknowledges that it is entering into this
Agreement solely in reliance on is own investigation and assessment. Company further
acknowledges that it has had sufficient time to conduct whatever investigation it has desired to
12720-000A 1 226726v2.doe
make with respect to the transportation, destruction, recycling and disposal of the Materials and
the qualifications required therefor.
C. Authority. Company warrants that the undersigned representative has the
ability and authority to sign this Agreement and therefore bind Company to all of the terms
contained herein.
10. Company is and shall at all times remain, as to City, a wholly independent
contractor. Neither City nor any of its agents shall have control over the conduct of Company or
any of Company 's employees, except as herein set forth. Company shall not, at any time, or in
any manner, represent that it or any of its agents or employees are in any manner agents or
employees of City.
11. This Agreement may not be assigned in whole or in part by either party, without
the prior written consent of the City.
12. Company agrees to abide by the standards for the acceptable treatment of
hazardous waste, including but not limited to specified in the Final Text of Regulations
Electronic Hazardous Waste Effective February 3, 2003; Department Reference Number R-01-
06; specifically, Article 7 Standards for CRT Materials Handlers, as well as those best practices
associated with handling other qualified materials covered under this Agreement.
13. Company agrees to comply with all applicable Federal, State and local laws,
regulations and policies in carrying out its responsibilities under this Agreement.
14. The parties agree that this Agreement is terminable at will at any time by either
party hereto, upon 10 days written notice to the other part. No amendments or variations of the
terms and conditions of this Agreement shall be valid unless in writing and signed by both of the
parties hereto.
15. Any portion of this Agreement determined in a court of law to be invalid shall not
nullify the remainder of the Agreement as valid and in force.
16. The waiver by City of a breach of any provision of this Agreement by Company
shall not operate or be construed as a waiver of any subsequent breach by City. No waiver shall
be valid unless in writing and signed by an authorized officer of City.
12720-0003\1226726v2.doc 4
17. This agreement shall be binding upon and insure to the benefit of the respective parties
hereto and their executors, administrators, heirs, personal representatives, successors and
assigns.
Recycle SD, Inc.
By:
Name:
Position:?(-n
City of Vernon
By:
Name: Hilario Gonzales
Position: Mayor
ATTEST:
Willard G. Yamaguchi, City Clerk
APPROVED AS TO FORM:
Laurence S. Wiener, City Attorney
5
Na�
Position: