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HomeMy WebLinkAbout10-006 - Olympic Environmental - 2010 Recycling EventCONTRACT FOR SERVICES Contract No10-006 Council Approval N/A This Agreement is entered into by and between the City oyTukwi\ Washington. ooch optional municipal code city hereinafter referred to as "the City". and Olympic Environtnental Resources. hereinafter referred to as "the Contractor". whose principal office is located at Seattle. WA. WITEREAS, the City has detcrrnined the need to have certain services performed for its citizens but does not have the manpower or expertise to perforrn such services: and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now. therefore. IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scone and Schedule of Services to be Performed bv Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as iffully set forth. In perforniin such services, the Cornractor shall at alt limes cornply wjih all Federal, State, and local ytatutes, rules and ordinances applicable to the perfonnance of such services and the handling of any funds used in connection therew ith. The Contractor shall request and obtain prior written approval froni the City if the scope or schedtde is 10 be modilied in anv way. 2. Comnensation and Method oyPwvmuemt. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit 13 attached hereto and incorporated reference. bmcein by this reference. The total amount to be paid shall not exceed S18.271.01 at a rate of S70 ncr hour, 3. Contractor ]0mdeet, The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its hudget in anv way. 4. Duration of Agreement, This Agreement shall be in [u|( force and effect for a period commencing January 1. 2010 and ending December 31. 2010 unless sooner terminated under the provisions hereinafter specified. 5. Kmdemwndent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Ageement shall be considered to create the relationship of employer and employee helwcen the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Aareccnont. The City shall not be responsible for withholding or otherwise deducting federal iricorne tax or social security or coniributin to the State Industrial Insurance Program, or otherwise assuming the duties ofan employer with respect to the Contracior, or anv ernp!oyee of the Cont.ractor. 6. Indemnification. The Contractor shall indemnify. defend and hold harmless the City, its officers, agents and employees. from and against any and all claims, losses or liability. including attorney's fees, arising from injury eath to persons or darnage to property occasioned by omission or failure of the Contractor, its officers, agents and employees, in performing the Ivork required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act. for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resultina from the sole negligence of the City. its agents and employees. To the extent any of the damages referenced by this paragraph were caused by° or resulted from the concurrent nealigence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents. and emplo>ees. 7. Insurance. A. The Contractor shall procure and maintain in full force throughout the duration of the Ageoox*nt comprehensive general liability insurance with a minimum coverage [$5U0,000.00 per occurrence/aAaTcgu1c for personal injury and property du/nuac. Said policy shall name the City of r:v/mun*n'` and Settings \op""mw/mxmv,oru.Mu"vuxrurooum/xvv/L^`uxuuF.xi.3'xorlA°./" -DER City om/"^.u.r kn 1n/2010 Page 1 of 2 Z Art-St-not-1<u Tukwila as an additional named insured and shall include a provision prohibiting, cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. Certificates of coverage as required by Paragraph A above shall he delivered to the Cite within fifteen (15) days of execution of this Agreement. 8. Record Keening and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property. financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection. review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time he terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. lithe Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Contractor shall not discriminate against any employee. applicant for employment, or any person seeking the services of the Contractor to he provided under this Agreement on the basis of race, color. religion, creed. sex. age, national origin, marital status or presence of any sensory, mental or physical handicap. 12. Assisnment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise. regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall he incorporated by v.Titten amendments to this Agreement. 14. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 15. Annlicable Law: Venue; Attorney's Fees. This Agreement shall he governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration. or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County. Washington. The prevailing party in any such action shall be entitled o its attorney's fees and costs of suit. DATED this day of I Cinh..t .20_0 CITY TLTK -A C'ONTR Environmental Resources By: By: ,A )x_ Title:,�i,h 1�au ers�' a�'or Title: General Maui' ger A1':PEST /ALJthiENTICATED: Christy O'Flahert'y, CMC, City Clerk c/ APPROVED AS TO FORM: Office of the City Attorney By: .Dat rend rtd Se s \o net.My Documcnts\MMS W'ORIAPrr Ir/"2oi0 Printed Name: Paul M. Devine Address: 4715 SW Walker Street Seattle. WA 98116 Date approved by City Council: (Applicable if contract amount is over $40,000) iKWILAl201 0`OCR 20I9Tul w112 -0ER (i v contract doc Page 2 of 2 Planning and Implementation: Event Date: Hours: 3) Event Location: Tukwila Village Parking Lot 4) Proiect Coordinator Paul Devine General Manager Olympic Environmental Resources 4715 SW Walker Street Seattle, WA 98116 Phone: (206) 938 -8262 Fax: (206) 938 -9873 Email PaulDevine @MSN.com 5) Proiect Activities Attachment A CITY OF TUKWILA OLYMPIC ENVIRONMENTAL RESOURCES 2010 SCOPE OF WORK AND BUDGET Task 1: Tukwila 2010 Recvclin2 Collection Event /s 1) Proiect Title 2010 Tukwila Recycling Collection Event /s 2) Proiect Schedule January 1 December 31, 2010 Spring /Fall, 2010 9 AM to 3 PM A) Olympic Environmental Resources (OER) will organize a Citywide Recycling Collection Event in the City of Tukwila. OER will make all arrangements and enter into subcontracts with material collectors and recyclers for recycling of collected materials. At this event the following materials will be collected and recycled: Tires (6 per load -no rims, no heavy truck or back hoe tires) Lead Acid Batteries Household Batteries Used Anti- Freeze Used Oil/Petroleum -Based Products 1 Used Oil Filters Used Motor Oil Bulky Yard Waste Scrap Wood Appliances (Contractors will charge participants for refrigerator, freezers, and hot water heaters for proper processing and recycling)+ Ferrous Metals Nonferrous Metals Electronic Equipment Computer Equipment Used Textiles Reusable Household Goods Cardboard Porcelain Toilets and Sinks Propane Tanks+ Computer Monitors* TV Sets* Other materials if possible +User fees apply City may not collect and refer residents to E -Cycle sites B) The following educational materials will be distributed: 6) Event Particinants 7) Promotion Information on City of Tukwila waste reduction and recycling programs. Information on Local Hazardous Waste Management Plan programs. Other available information on waste reduction and recycling. A) This event is intended for the residents of Tukwila, but will be open to King County residents and will be coordinated with county- sponsored events to avoid overlap of service. B) No flatbeds or dump trucks allowed. Oversized, commercial, or contaminated loads may be refused. A) Event promotion will be accomplished in the following ways: 1) Developing and distributing promotional flyers to City residents via the US mail. The flyer will be printed on recycled paper. 2) Posting notices at Tukwila City Hall and on the City website and cable channel (if available). 2 2010 Proiect Costs 3) Publicizing the event in the City newsletter if scheduling and space permits, by press releases to the local papers, and by King County Solid Waste Division Promotional Activities. 8) Proiect Evaluation OER will provide the following information to the City within thirty days of the event: A) Tallying the number of participating vehicles at the entrance to the events B) The volume of each material collected and diverted from the waste stream in the appropriate unit C) Actual event cost by budget category Funding Sources A) King County Health Department Grant B) King County Solid Waste Division Grant C) City of Tukwila funds D) WA State Dept. of Ecology Grant TOTAL BUDGET $18,271.01 Items Estimated Cost Used Oil, Oil Filters, Anti Freeze Recycling $1,000.00 Scrap Metal Recycling $2,000.00 Tire Recycling $600.00 Battery Recycling $400.00 Bulky Yard Waste and Scrap Wood Recycling $700.00 Event Supplies* $250.00 Rentals $793.28 Lunch $125.00 Mileage $125.00 Flyer printing $950.00 Flyer sorting $350.00 Flyer postage $1,450.00 Event Management: Olympic Environmental Resources $8,207.73 Event Staff: Olympic Environmental Resources $1,320.00 TOTAL $18,271.01 *This includes such items as gloves, safety equipment, etc. *This includes the rental of such items as backhoes, cellular phone use, barricades, cones, and safety vests. *The cost of professional services consists of staff time for planning, publicizing, organizing, staffing, and preparing fmal report event reports. *Subject to City approval, OER may transfer funds unused in one category to overruns in a second category. 3 9,071.01 4,687.50 1,700.00 2,812.50 Attachment B The budget for the 2010 Tukwila Recycling Collection Event is $18,271.01. The total amount payable to Olympic Environmental Resources (OER) shall not exceed $18,271.01. The project budget will incorporate funds available from the Seattle -King County Health Department, the King County Solid Waste Division, the WA State Department of Ecology, and the City of Tukwila. OER will cover all event expenses as they arise, such as the costs for printing, postage, and vendor services. OER will request reimbursement for staff time and expenses on a monthly basis with thirty-day payment terms. OER project management time will be billed at $70 per hour and event staff time will be billed at $55 per hour. OER will assist the City in requesting reimbursement for event costs from the King County Solid Waste Division, the Seattle -King County Health Department, and the WA State Department of Ecology. OER staff may work Allied Waste combine efforts to carry out the Tukwila Spring Recycling Collection Event (RCE) in May of 2010 at the Tukwila Village Site. Allied Waste is contractually obligated to provide the City of Tukwila with services for RCEs. In the event of Allied Waste's participation, OER staff will provide overall event management and event reporting and administration, similar to past City of Tukwila RCEs. Allied Waste may provide collection of the following materials at one or more Tukwila RCEs: Appliances Scrap Metal Cardboard Bulky Wood Household Goods Electronic equipment Some Bulky Furniture unless these items are collected by Seattle Goodwill Total Reclaim may collect CFC appliances for a user fee. Total Reclaim or another vendor may also collect computers, monitors, and TV sets for user fees or may seek reimbursement for the collection, transport, and processing of the items from the E -Cycle Washington program. The City of Tukwila, Allied Waste, and OER will leave open the possibility of doing a similar event in the fall of 2010 if the project budget permits. Recycling Collection Event programs continue on an annual basis. OER will continue to provide service to the City of Tukwila until the City decides to no longer participate. We ask that the City provide thirty-days (30) notice to discontinue services. 4