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HomeMy WebLinkAbout11-154 - Olympic Environmental Resources - 2012 Recycling EventConti 74cJ1 CONTRACT FOR SERVICES Council Approval N/A This Agreement i s entered into by and between t City of ]ldkvv| optional municipal code city hereinafter rel'erred to as "the City", and 01vmpic Environmental Resources. hereinafter refer�red to as "the Contractor". whose principal office is located at 9oulUn. TY/\. WHEREAS, the City has determined the need to have certain services perfonned for its citizens but does not have the nlanponerorexpertise topertbnnl such services: and WHEREAS, the (`it)' desires to have the Contractor perform such services pursuant {o certain ten and conditions, now. therefore. IN CONSIDERATION OF the mu1um| benefits and conditions hereinafter contained, the parties hereto agree osfollows: Scope and Schedule of Services to he Performed bv Contractor. The Contractor oba|\ perform Uzomc services described on Exhibit attached hereto and incorporated herein by this reference as if fully set forth. In performing such servircy.thc Contractor shall at all times comply with all Federal, S1ate. and local statutoa, rules and ordinances upp|icuh|r 10 the performance of such services and the hand)io� of any funds used in connection therewith. The Contractor shall ncqucoi and obtain prior wr approval from the City if the scope or schedule is to be modified in any way, 3. Compensation and Method of Pavomeot. The City shall pay the Contractor for services rendered according to the rate and method set forth no Exhibit 8 attached hereto and incorporated herein by this reference. The in(o\ amount 1n be paid shall not cxocod Sl7.2O9.Y4 at a rate of $70 ncc hour, 1 Contractor 0ndeet. Tile [wu(razior shall apply the funds received under this Agreement within the n18zinourn Kudis set forth in this /\evocerueuL The (,nu1ruckrr shall request prior approval trorntheCityvvhcoevcctbeCootrmconrdeoirestuumeuditxbudgc\inanyxay. 4. Duration ofAercooneot. This Auareroocnt sbm)) be in full Fbcoc and effect for a period o0onncnciog Jouuary l. 2012 and coding December 31. 2012 onicsa sooner (conino1cd under the provisions hereinafter specified. 5. independent Contractor. Contractor and Chy agree that Contractor is on independent cuntrocior with respect to the services provided pursuoui to this &tlzeenuen(. Nothing in this /\oTecrocnt shall be considered in create the relationship Vfernnkn'crand employee beLvvcco the parties hereto. Neither Contractor nor any employee of Contractor shali be entitled to any benefits accorded [i(}' ooqooyrox by virtue of the services provided under this Agreement. The City shall not be responsible for nitbbo|diugor otherwise deducting federal income tax or social security orcontributing to the State Industrial }onuruocc Program. or otherwise ussunuing the duties o[ao employer with respect to tile Cootoac(or, nz any employee of the Contractor. 6 Indemnification. The Contractor sh in demni fy, officers, agents and employees. from and against any and all claims, losses or liability. including attorney's fees. arising from injury or death to persons or damage to property occasioned by any act, OaliSSi011 Or fl�li]Ure Of tile Contractor. its officers. agents and eniployees. 'in performing the work required by this Agreern.ent. With respect to the perfortriance of this Agreement and as to clairns aaalrist the City, its officers, agents and employees. the Contractor expressly waives its immunity under Title 51 of the Revised Code of �Vashfflglon, the Industrial Insurance Act. �or 111 to its employees, and agrees that the obligation to indernnit�, defend and hold harmless provided for in this paragraph extends to anv claim ll�ouuht b­ or oil behalf of an) employee Of' tile Contractor. This waiver is mUtUal1V negotiated by the parties. This paragraph shall not apply to any damage resulting 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 ne0igence of the City, its agents or employees, this obligation to indernalfv. defend and hold harmless is and enforcea'ble only to the extent of the negligence of thc Contractor, its officers. agents, arld eniployees. 7. Insurance. A. The Contractor ibod| procure and maintain in full 5uoe thrun�_ the duration oftbe Agreement uornpnchcusire geocrnl |iubi\it7 insurance with u suiojnn/nn corerx8c of $500,000.00 per oCCUrrence/aggregate for personal in jury and property daniage. Said policy shall name the City of c o^/2M/m|/ -pu f2 n 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 ;hall automatically 'result in termination of this Agreement. B. Certificates of coverage as required by Paragraph A above shall be delivered to the City within fifteen (15) days ofexecution of this Agreement. 8. Record Ketf)inL and Renortine. A. The Contractor shad maintain accounts and records., including personnel, property,, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any mature 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 Nvith 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 be terminated by the City giving to the Conti thirty (30) days written notice of the City's intention to terriiinate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for ariv reason, the City shall have the right to terminate tois 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 be 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. Assignment 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, o 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 MUtU311V agreed upon shall be incorporated by written amendments to this Agreement. 14. Notices. Notices to the City of'rukwila shall be sent to the following address: Cit-, Clerk. Cit 6260 Southcen'ter Blvd. Tukwila. Washington 98188 Notices to the Conti shall be sent to the address provided by the Contractor upon the signature line below. 15. Applicable LavN Venue, Attornev's Fees, This Agreement shall be governed by and construed in accordance with the laws of the State of Wash I tigion. 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 Costs ol'suil, such action shall be entitled to its attorney's fees arifl�� DATED this a I S day of Q.6ro_,.,bP,-- 20 C ITE' TU K 'I A CON TRACTO lvmpic Environmental Resources By: 13, Title: liag avor V 411-44 Title: General Manaizer A _ST/A THENTICATED: Printed Name: Paul M. Devine o Christy O'Flahe&,/ )CMC, City Clerk Address: 4715 SW Walker Street APPROVED AS TO FORM: Seattle. WA 98116 Office of the City Attorney Date approved by City Council: B v: J (Applicable if contract amount is over $40,000) CADMIJIlents a ndseaingsNownellNly DoctimenisINS WORE)\Pf4) Cily contract.doc I I'S1201 I Page 2 of 2 C Attachment A CITY OF TUKWILA OLYMPIC ENVIRONMENTAL RESOURCES 2012 SCOPE OF WORK AND BUDGET Task 1: Tukwila 2012 Recvclin2 Collection Event /s 1) Proiect Title 2) 2012 Tukwila Recycling Collection Event /s Proiect Schedule Planning and Implementation: Event Date: Hours: January 1 December 31, 2012 Spring /Fall, 2012 9 AM to 3 PM 3) 4) 5) Event Location: Tukwila Village Parking Lot 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 Proiect Activities 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+ Styrofoam Plastic Mattresses+ Other materials if possible +User fees apply B) The following educational materials will be distributed: 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. 6) Event Participants 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. 7) Promotion 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). PA 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 2012 Proiect Costs Fundinl? Sources A) King County Health Department Grant 9,209.94 B) King County Solid Waste Division Grant 2,000.00 C) WA State Dept. of Ecology Grant 6,000.00 TOTAL BUDGET $17,209.94 Items Estimated Cost Used Oil, Oil Filters, Anti- Freeze Recycling $1,000.00 Scrap Metal Recycling $1,000.00 Tire Recycling $400.00 Battery Recycling $300.00 Styrofoam Recycling $200.00 Bulky Yard Waste and Scrap Wood Recycling $150.00 Event Supplies* $150.00 Rentals $620.01 Lunch $150.00 Mileage $175.00 Flyer printing I $425.00 Flyer sorting $375.00 Flyer postage $1,600.00 Event Management: Olympic Environmental Resources $8,904.93 Event Staff: Olympic Environmental Resources I $1,760.00 TOTAL $17,209.94 *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 final report event reports. *Subject to City approval, OER may transfer funds unused in one category to overruns in a second category. 3 Attachment B The budget for the 2012 Tukwila Recycling Collection Event is $17,209.94. The total amount payable to Olympic Environmental Resources (OER) shall not exceed $17,209.94. 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 2012 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 2012 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