HomeMy WebLinkAboutAgenda Report - June 16, 2004 E-12AGENDA ITEM EP, 7
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt a resolution authorizing the City Manager to allocate Public Benefit
Program funds for Lodi's first annual Electronic Waste Clean -Up Day; and
authorizing the City Manager to execute a contract with Teris LLCIMSE
Environmental to provide disposal and recycling services for this program
($25,400).
MEETING DATE: June 16, 2004
PREPARED BY: Electric Utility Director
RECOMMENDED ACTION: That the City Council adopt a resolution authorizing the City
Manager to allocate $25,000 in Public Benefit Program funds for
Lodi's first annual Electronic Waste Clean -Up Day, and authorizing
the City Manager to execute a contract with Teris LLC/MSE
Environmental to provide disposal and recycling service for this
program.
BACKGROUND INFORMATION: The Electronic Waste Clean -Up Day is another in our series
environmental programs funded Lodi's Public Benefits Program. The intent of this new effort is to assist
Lodi electric utility customers with the proper disposal and recycling of aging and energy inefficient
computer monitors, computer hardware and television sets. The program is also designed to showcase
and promote the purchase of EnergyStar ® computers and television sets. The program specifics
include the following:
➢ the event will take place on Saturday, August 14, 2004, 7:00am until 10:00am;
➢ the location of the event will be the Public Parking lot adjacent to the Kofu Park Tennis Courts on
Ham Lane (in close proximity to Lodi's Municipal Service Center);
➢ eligible customers- in order to drop-off an old computer and/or television set for disposal and
recycling, customers must show a current California drivers license, as well as a copy of their City
of Lodi utility bill or statement;
➢ computer software, television antennas, cable boxes, and cardboard boxes will not be accepted for
disposal or recycling;
➢ upon the disposal of their computer and/or television set, the first one -hundred fifty (150) eligible
customers will receive a coupon for $50.00 off the purchase of one (1) EnergyStar ® computer
system or television set; the energy efficient home electronics product must be purchased from a
Lodi retailer.
In order to successfully complete this project, Electric Utility staff is recommending the use of Teris
LLC/MSE Environmental. This organization completed a similar recycling project in the spring of 2004 for
San Joaquin County's Public Works Department, and has coordinated numerous household hazardous
waste recycling projects for municipalities throughout central and northern California. Teris LLC/MSE
APPROVED: 7C146IJ C -
�H. Dixon' Flynn, City
Adopt a resolution authorizing the City Manager
to allocate Public Benefit Program funds for
Lodi's first annual Electronic Waste Clean -Up
Day, and authorizing the City Manager to
execute a contract with Teris LLC/MSE
Environmental to provide disposal and recycling
services for this program ($25,000) (EUD)
June 16, 2004
Page 2 of 2
Environmental is considered a leader in the recycling industry in the United States, and maintains three
field offices in California (Benicia, Camarillo and Wilmington). Due to their extensive background and
work with municipal agencies in California, Electric Utility staff respectfully requests that the Lodi City
Council dispense with going out to bid pursuant to Lodi Municipal Code 3.20.070.
This project, which promotes energy conservation, also assists customers with the disposal and proper
recycling of aging home electronics products. (Note: in discussing our proposed project with staff from
other City departments, as well as San Joaquin County Public Works personnel, many of these aging
computers, monitors and television sets are illegally dumped in alley ways, residential neighborhoods,
behind shopping centers and stories, etc., rather than being properly discarded.)
Electric Utility staff respectfully recommends approval of the Electronic Waste Clean -Up Day as a
qualifying component of the City of Lodi Public Benefits Program.
FUNDING: 164605 Public Benefits Program (Category: Demand-side Management)
Funding Approval:
i Krueger, Finance Director
1��& / d�k
Alan N. Vallow
Electric Utility Director
PREPARED BY: Rob Lochner, Manager of Customer Service & Programs
ANWRLike
M. R. Lechner
AGREEMENT OF TERMS AND CONDITIONS FOR
ELECTRONIC WASTE SERVICES
4 his Agreement, made and entered into as of the ._._._...___ day of May, 2004 by and between
the City sof Lodi, CAA hereinafter referred to as "Customer," and Teris LI -C, dba MSE
Environmental, 880 West Verdulera Street, Camarillo, California, hereinafter referred to as
"MSE".
WITNESSETIL
WHEREAS, Customer has Electronic Waste, hereinafter referred to as "13 -waste", arld
,xishes the E - Waste to be packaged, transported and properly disposed,
WHEREAS, MSE is willing to accept certain types of Customer's E -waste and/or ensure
that it is properly packaged, transported and/or disposed of according to the terms and conditions
lac r�ir,_
NOW.,THEREFORE, in consideration of the mutual convenants contained herein and for
good and val gable consideration, the receipt and sufficiency of which is hereby acknowledged;
the parties agree as follows:
1-0 E - WASTE SERVICES
MSE shall ensrxrc legal servicing, treatment and/car disposal of such types of.E-este
listed on the attached Schedule "A" as requested by Customer. Schedule A may be modified i
required by the parties' ,joint execution of an arnendrnent. Services to be provided may include
pada is , supplies, transportation, disposal, of E -waste materials and additional services as
requested by Customer.
2.0 TRANSPORTATION
11 MSE shall be responsible for providing suitable nicans to transport the E -waste.
2.2 MSS. shall prepare: all shipping papers, manifest, anal labels with each shipment of E -
waste in accordance with all applicable requirements of the: United States Department of
Transportation ("DOT") and the United States Environmental Protection Agency ("EPA) under
the Toxic Substances Control Act ("TSCA"), the Resource Conservation and Recovery Act
(-RC A ")., and all other Federal, State and Local statutes, regulations and ordinances.
13 MSE. or MSE's contracted transporter shall maintain in farce and require all carriers it
engages to carry vehicular liability insurance equivalent to that specified in Section 9.0 of his
A;� �emem and shall, upon request, provide the ether party with certi .sates of insurance
evidencing suQh coverages,
Customer will provide satisfactory area roadways and approaches to safely conduct
mobile E -waste collection event,
3,0 RESPONSIBILITIES
3.l MSI shall. mobilize all manpower, equipment, materials and technical services required
to perforin mobile E' -waste collection event.
3.2 MSE shall arrive cin -site prior to collection hours and perform site set-ups.
>.
MSE shall unload, package, transport and dispose of E -waste collectedfromparticipant
vehicic:s.
3A MSE shall demobilize after event completion w -id leave site clean,
MSE:: shall provide project summary and document after completion of project.
.0 WARRANTIES
.. MSS; warrants that its services performed under this Agreement shell comply with all.
requirements of federal, state and local laws, regulations, and ordinances.
4.' MSEC' warrants that all permits, licenses:, authorizations, and approvals required for
transporLation of the EmwastQ by federal, state and local laws, regulations, and ordinances shall be
in effect at the time of transportation.
4.3 MSE warrants that the containers MSE supplies comply with all laws, regulations. or
€srdiflanc:es which may be applicable to their packaging or transportation, including, but not
lir ited tcs DO' ' regulations, Customer warrants that F -waste for disposal will he packaged in
MSE supplied containers that meet € bove requirements.
5O INDEMNIFICATION AND SUBROGATION
I MSE agrees to ind€:n-i ify, hold harmless and defend Customer, its officers, directors,
shareholders, agents, employees and affiliates, from any and all liabilities, claims, p naltles,
fc,rr itures, suits and the costs and expenses incident thereto (including costs of detense,
settlement., and reasonable attorneys' fees) which Customer may hereafter incur, become
responsible fo.r, or pay out as a result of death or bodily irmiry to any person, destruction or
darnagea 'to any property, c€ ntarnination of or adverse effects on the environment, or any violation
of gcsven-11-nen€al laws, regulations or orders, to the extent that such damage was caused by
(i) M.SE's breach of any term or provision of this Agreernent;
(ii) the failures of any warranty of MSE to be true, accurate and complete; or
(ifl) any negligent, intentional or willful act or omission of MSF or its employees,
subc;ontrac cors or agents.
5,2 Customer agrei:,s to hidelnDif'y, fold harmless and defend MSE, its officers, directors,
shareholders, agents, employees and affiliates, fr€srn any and all liabilities, clams, penal ties,
forfeitures, suits and the casts w d expt.nses incident thereto (including casts of defense,
settlement, and teasonable attorneys' fees) which MSF, may hereafter incur, bccosec responsible
l'.fr or pay out as a result of'death or bodily igjury to any persona, destruction or damage to any
propew , c orrt zzzatic z of or adverse effects on the environment, of any 'Violation of
govera3.11-lental laws, regulations or orders, to the extent that such damage was caused by
(it-) Customer's breach of'any term or provision of this Agreement;
(v) the failure of any warranty of Customer to be true, accurate and complete; or
(epi) any negligent, intentional or willful act or oini,s,�iori of Customer or its employees,
subcontractors or agents.
5.3 With respect: to any claim for indene-trrification, the party claiming a right to Indemnity
s'alf:
(i) give written notice of the claim within a reasonable period following the event or
occurrence and identify the basis of the indemnification asserted.; and
;ii.) allow the other parte (including its ernployces, agents, insurers and counsel)
reasonable access to any of its employees, property and records for the purpose of
conducting an investigation of sande claim and for the purpose of obtaining statem rits,
photographs, physical evidence mad chemical analyses and taking such. other steps as may
be necessary to preserve -evidence of the; event or occurrence on which the claim is based.
If the party claiming a right to indernnity decries the other party reasonable access as set
forth above, the party claiming such right shall forfeit that. right and assume sole
responsibility for the claim for whicl-t indemuffication is sought and shalt not be ernt tied
to indemnity.
7.4 MSE agrees to inde€-inifyr, save harmless and defend. Customer from. and against any and
all .liabilities,, claims, penalties, forfeitures, suits and the costs and expenses incident thereto
eto
(including costs of defense, settlement, mid reasonable aitorrreys' fees), which it may hereafter
incur, become responsible. "for or pay out as a res -alt of any violation. by MSE in its transportations,
treatment, storage or disposal of the E -waste listed on the Schedule A and/or Quotation,
including, but not limited to, violatiorss resulting from the intentional or negligent act or orraas:Siorx
of MSI- , its officers, employees, agents, and/or contractors,
6.0 CHARGES AND FEES
6 MSE's charges for its services pursuant to this Agreement are set forth in Schedule. "A".
6,2 When possibly, NISI' shall weigh all containers including drums, lab packs, etc., prior to
transporting and record the weight on shipping documents, Invoices will be based upon the
c;ordaln€,rized pricing as provided in. Schedule "A"
7.0 PAYMENT
F ach invoice for l -waste received by MSE and/or services provided to Custo.jn.er shalt be Laid,
net ternis, by Customer within thirty (30) days from Customer's receipt of invoice, Invoices not
paid when dose shall. acorue interest at the rate of one percent (l %) per month from the due date.
$.0 TERM
8,1 Flus Agreement shall commence on the date first above written and shall continue in full
force and effect until December 31, 2004.
$.2 This agreement may be terminated at any time by either party providing the other party
with at least thirty (30) days prior written notice of termination. Should this agreement be
terminated by either party, MSE shall be responsible for removing any and all equipment and/or
materials associated with this agreement and collected during the course of performing E -waste
collections at Lodi, CA. Customer shall be responsible for payment of fees for filial services as
listed in Schedule "A"
9,0 INSURANCE
MSL; shall have in effect and shall maintain for the term of this Agreement the following
insurarve:
I'YAE OF INSURANCE
Worker's Compensation
Automobile Liability
General Liability
pollution Liability
IV MMUM POLICY LIMITS
$2,000,000 per occurrence
$2,000,000 combined single limit
$2,000,000 per occurrence
$4,000,000 aggregate
$25,000,000 limit
MSE shall provide notice to Customer of any changes in coverage limits and will provide
certificates of insurance upon request.
10.0 GENERAL L PROVISIONS
10A ,n the performance of this Agreement, MSE is an independent contractor.
10.2 Each party grants the other, its agents and employees, during the term of this Agreement,
reasonable access to the other party's facilities for purposes of fulfilling obligations underthis
Agreement. Each party agrees to comply with reasonable safety standards adopted by the other
while on the other's premises. Each party further agrees to protect and hold confidential
technologies observed while on the other's premises. MSE agrees to protect and hold
confidential all non-public data on E -waste received from Customer, unless legal or regulatory
requirements mandate disclosure. MSE and Customer agree to protect and hold confidential all
non-public information concerning the other pasty's business, operations, technologies, formulas,
procedures, processes, methods, trade secrets, ideas, improvements, plans, programs, plants,
equipment or customers.
10.3 This Agreement constitutes the entire Agreement between MSE and Customer, and all
previous representations relative thereto, either written or oral, are hereby annulled and
superseded, No modification shalt be binding on MSE or Customer unless in writing and signed
by both parties.
I100 DEFAULTS
11.1 Lxcept as provided in Section 11.2 herein, if, during the term of the Agreement; either
party shall become delinquent in settling its account or shall be in default of any provisions of
the .Agreement, the other party may suspend its performance hereunder until such delinquency or
default has been corrected.
11.2 Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God, strikes, action of
regulatory agencies, fire, flood, windstorm, explosion, riot, war, sabotage, court injunction or
order, loss of permits, and cause or causes beyond the reasonable control of the party affected.
provided that. a prompt notice of such delay is given by such party to the other and each of the
parties hereto shall be diligent in attempting to remove such cause or causes. Performance
hereunder shall be suspended only for the amount of time reasonably necessary to remove such
cause or causes which result in the delay.
12,0 NOTICE
Any notice required to be given by the terms of this Agreement shall be delivered by hand or
mailed to at the following; or to such other address for either party as that party may, by notice,
designate.
l'eris LLC, dba MSF: Environmental, CITY OF LODI
880 West Verdulera Street 1331 South Ila.ut Lane
Camarillo, CA 93010 Lodi, CA 95242
IN WITNESS WHEREOF, MSE and Customer have each caused this agreement to be
executed by its duly authorized representative on the day and year set forth.
ACCEP I'E19:
I tris, LLC dba MSF: Environmental
Janice K. Oldemcyer, Vice President
DAI E
ACCEPTED:
City of Lodi
DATE
Manager, City of Lodi
Attorney, City of Lodi
SEAL OF CITE' i3ODI CLERK
SC:E EDULE "A" COS`f` Sk EET
I he following pricing details specific prices for the various types of wastes and services that
MSF will provide to the City. This pricing; includes labor, equipment, supplies, transportation
anddisposal,
Category Cost per unit
Televisions 12.50/each
Computer Monitors 10.50/each
Computer Peripherals (printers, scanners, mice, speakers) SO.14/lb
---------------_ -- -----
Computer r Processing Units � $0,14/1b
Mobilization Fee (includes all labor, equipment & supplies) --- $5,000 — ---,
RESOLUTION NO. 2004-122
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO ALLOCATE PUBLIC BENEFITS PROGRAM FUNDS FOR
THE ELECTRONIC WASTE CLEAN-UP DAY AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
TERIS LLC/MSE ENVIRONMENTAL TO PROVIDE DISPOSAL AND
RECYCLING SERVICES FOR THIS PROGRAM
WHEREAS, the state has mandated that beginning January 1, 1998, the City of Lodi is
obligated to fund various programs through a Public Benefits Charge (PBC) based on an
historical electric revenue requirement; and
WHEREAS, the requirement amounts to approximately $1 million per year that must be
dedicated to qualifying programs such as energy efficiency. A further stipulation is that these
efforts must be done on the customer's side of the meter in order to quality; and
WHEREAS, the City of Lodi's Public Benefits Program is comprised of four segments or
customer groups: commercial/industrial, residential, community/non-profit, and municipal; and
The Electronic Waste Clean -Up Day is another in the series of environmental programs
funded through the City of Lodi's Public Benefits Program. The intent of this new effort is to
assist Lodi electric utility customers with the proper disposal and recycling of aging and energy
inefficient computer monitors, computer hardware, and television sets. The program is also
designed to showcase and promote the purchase of EnergyStar® computers and television
sets. The program specifics include the following:
➢ the event will take place on Saturday, August 14, 2004, 7:00 a.m. until 10:00 a.m.;
➢ the location of the event will be the public parking lot adjacent to the Kofu Park Tennis
Courts on Ham Lane (in close proximity to Lodi's Municipal Service Center);
➢ eligible customers — in order to drop-off an old computer and/or television set for disposal
and recycling, customers must show a current California drivers license, as well as a copy
of their City of Lodi utility bill or statement;
➢ computer software, television antennas, cable boxes, and cardboard boxes will not be
accepted for disposal or recycling;
➢ upon the disposal of their computer and/or television set, the first one -hundred fifty (150)
eligible customers will receive a coupon for $50.00 off the purchase of one (1)
Energy&* GOmpvter system or television set; the energy efficient home electronics
product must be purchased from a Lodi retailer.
WHEREAS, in order to successfully complete this project, Electric Utility staff is
recommending the use of Teris LLC/MSE Environmental. This organization completed a similar
recycling project in the spring of 2004 for San Joaquin County's Public Works Department, and
has coordinated numerous household hazardous waste recycling projects for municipalities
throughout central and northern California; and
WHEREAS, Lodi Municipal Code §3.20.070 authorizes dispensing with bids for
purchases of supplies, services, or equipment when it is in the best interest of the City to do so;
and
WHEREAS, Teris LLC/MSE Environmental is considered a leader in the recycling
industry in the United States and maintains three field offices in California (Benicia, Camarillo,
and Wilmington). Due to its extensive background and work with municipal agencies in
California, Electric Utility staff respectfully requests that the Lodi City Council dispense with
going out to bid pursuant to Lodi Municipal Code §3.20.070; and
WHEREAS, this project, which promotes energy conservation, also assists customers
with the disposal and proper recycling of aging home electronics products; and
WHEREAS, Electric Utility staff respectfully recommends approval of the Electronic
Waste Clean -Up Day as a qualifying component of the City of Lodi Public Benefits Program.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby authorizes the
City Manager to allocate Public Benefits Program funds for Lodi's first annual Electronic Waste
Clean-up Day in the amount of $25,000.00; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute a
contract with Teris LLC/MSE Environmental to provide disposal and recycling services for this
program.
Dated: June 16, 2004
I hereby certify that Resolution No. 2004-122 was passed and adopted by the Lodi City
Council in a regular meeting held June 16, 2004, by the following vote:
AYES:
COUNCIL MEMBERS — Beckman, Hitchcock, Howard, and Land
NOES:
COUNCIL MEMBERS — None
ABSENT:
COUNCIL MEMBERS — Mayor Hansen
ABSTAIN:
COUNCIL MEMBERS - None
SUSAN J. BLACKSTON
City Clerk
2004-122
4