Eaton County Department of Resource Recovery

October 16, 2014

REPLY TO:

Mary Beth Gilbert, Resource Recovery Coordinator

Eaton County Department of Resource Recovery

1045 Independence Blvd

Charlotte MI 48813

(517)543-3686

BY: November 21, 2014, 2:00 PM

The Eaton County Department of Resource Recovery (County) issues the following Request for Proposals (RFP) to operate three single-day collection events for County residents. The events are scheduled for May, July, and September 2015 and 2016 at two locations within Eaton County. Dates may be subject to change.

The County reserves the right to reject any and all bids, to award the bid to other than the low bidder, to waive irregularities and/or formalities, and to accept any bid, which in its judgment best serves the interests of the County. The acceptance of a bid will not create or impose a contractual or other obligation in or on the County, and the County reserves the right to reject a bid even after acceptance and notification of acceptance for any or no reason. The County will not be obligated to the Contractor until the Electronics Recycling Disposal Agreement is approved and signed by both parties.

All forms and attachments must be fully completed upon submittal. Electronic copies of the forms, as well as all open RFPs, are available online at

Sealed bids should be labeled “2015/2016 Electronics Recycling Program”. Bids must be delivered by the time and to the location above. Bids received after the deadline may remain unopened. Faxed copies will not be accepted.

REQUEST FOR PROPOSALS – ELECTRONICS WASTE COLLECTION EVENTS

KEY DATES:

Bid Release Date:October 16, 2014

Bid Due Date:November 21, 2014 at 2:00 PM

Bid Opening:Immediately following Bid Due Date

Bid Awarded:December 12,2014

Collection Dates:Saturday – May 16, 2015May 21, 2016

Saturday – July 18, 2015 & July 23, 2016

Saturday – September 26, 2015September 24, 2016

TABLE OF CONTENTS

PART I: DRAFT CONTRACT...... 3

PART II: SUBMISSION REQUIREMENTS...... 8

TECHNICAL PROPOSAL SUBMISSION REQUIREMENTS...... 8

COST PROPOSAL SUBMISSION REQUIREMENTS...... 9

PART III: EXHIBITS...... 10

EXHIBIT A: SCOPE OF SERVICES...... 10

EXHIBIT B: COST PROPOSAL FOR ELECTRONICS...... 12

PART IV: ATTACHMENTS...... 14

ATTACHMENT 1: SIGNATURE PAGE...... 14

ATTACHMENT 2: CHECKLIST...... 15

DRAFT CONTRACT

Electronic Scrap Recycling Contractor Agreement

This agreement, made and entered this ______day of ______2014 by and between the COUNTY OF EATON (hereafter referred to as the COUNTY), acting for and on behalf of the Eaton County Department of Resource Recovery, with principal offices located at 1045 Independence Blvd., Charlotte, MI 48813 (hereafter referred to as the DEPARTMENT), and ______, with principal offices located at ______(hereafter referred to as the CONTRACTOR).

WITNESSETH:

WHEREAS, the DEPARTMENT operates an electronics waste collection program (hereafter referred to as the PROGRAM); and

WHEREAS, the PROGRAM collects electronics waste that must be sorted, packed, transported, and disposed using proper techniques and must be processed by a firm licensed to transport and dispose of such waste through reuse or recycling; and

WHEREAS, the CONTRACTOR, meets all the licensing and other certifications and authorizations required by Federal and State laws and regulations, has submitted a proposal in response to the County’s request for proposals, for the provisions of services required by the DEPARTMENT for the PROGRAM; and

WHEREAS, the COUNTY accepts the CONTRACTOR’s proposal subject to the terms and conditions of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained, IT IS HEREBY AGREED by and between the parties as follows:

FIRST: Program Description. The PROGRAM consists of three collections, occurring annually in May, July and September. These collections are by appointment only. ECRR will promote the event. The contractor will be required to package, transport, recycle and properly dispose of electronics from the three ECRR collections. Examples of electronics waste materials include, but are not limited to: computer components, fax machines, scanners, televisions, answering machines, laptop computers, printers, CD players, camcorders, VCRs, and copy machines.

SECOND: Scope of Services. In addition to those responsibilities set forth in the body of this Agreement, the CONTRACTOR shall also perform those services and responsibilities set forth in the attached Exhibit A, Scope of Services, which is incorporated by reference into this Agreement and made a part hereof. The Exhibit A, Scope of Services, includes the services to be provided by the CONTRACTOR, the CONTRACTOR’s responsibilities with regards to its personnel, and the CONTRACTOR’s record keeping responsibilities.

THIRD: Responsibilities of the DEPARTMENT. The DEPARTMENT’s personnel shall be responsible for the following:

A. Organization and setting up of each collection PROGRAM.

B. Operating the collection site, including traffic control, assisting customers, assisting with unloading of vehicles (where necessary), and assisting with site cleanup (where necessary).

FOURTH: Schedule of Collections. The 2015 schedule of household hazardous waste collection events covered by this agreement includes Saturday May 16, 2015 in at the Eaton County Road Commission, 3102 Sanders Rd, Lansing MI 48917;July 18, 2015 at the Eaton County Road Commission, 1112 Reynolds Road, Charlotte, MI 48813; and September 26, 2015 at the Eaton County Road Commission, 1112 Reynolds Road, Charlotte, MI 48813. The 2016 schedule of household hazardous waste collection events covered by this agreement includes Saturday May 21, 2016 in at the Eaton County Road Commission, 3102 Sanders Rd, Lansing MI 48917;July 23, 2016 at the Eaton County Road Commission, 1112 Reynolds Road, Charlotte, MI 48813; and September 24, 2016 at the Eaton County Road Commission, 1112 Reynolds Road, Charlotte, MI 48813. The 2015 schedule will be confirmed by the end of January, 2015. The DEPARTMENT, at its sole discretion, may change any scheduled collection upon fourteen (14) days prior written notice to the CONTRACTOR, without penalty or liability to either the COUNTY or DEPARTMENT.

FIFTH: Compensation. It is expressly understood and agreed that the COUNTY shall compensate the CONTRACTOR for services provided under this Agreement pursuant to and in accordance with the cost per unit set forth in the attached Exhibit B, Cost Proposal. The attached Exhibit B, Cost Proposal, is incorporated by reference into this Agreement and made a part hereof.

SIXTH: Method of Billing and Payment. After each collection, the CONTRACTOR shall submit an invoice to the DEPARTMENT in the form requested by the DEPARTMENT. Each bill at a minimum shall list the categories of items collected, as described in Exhibit B, Cost Proposal, the number of units of each item collected, the total price of the units of each item collected, the site fee to be charged for the collection, and the total sum due for the collection being billed. Approval for payment of a bill shall not be granted by the DEPARTMENT until the appropriate manifests covering the materials collected which are being billed are returned to the DEPARTMENT.

SEVENTH: Maintenance of Records. Except as otherwise provided by the rules and regulations of the State of Michigan or the Federal Government, the CONTRACTOR shall keep and maintain records covering services performed under this Agreement for a period of not less than five (5) years.

EIGHTH: Applicable Law and Venue. This Agreement shall be construed according to the laws of the State of Michigan. The venue for the bringing of any legal or equitable action under this Agreement shall be the COUNTY OF EATON of the State of Michigan.

NINTH: Compliance with the Law. In performing the services to be conducted under this Agreement, the CONTRACTOR shall comply with all applicable Federal, State and local laws, ordinances, rules and regulations.

TENTH: Independent Contractor. It is expressly understood and agreed that the CONTRACTOR is an independent contractor. The employees, servants, agents and assigns of the CONTRACTOR shall in no way be deemed to and shall not hold themselves out as employees, servants, or agents of the COUNTY and shall not be entitled to any fringe benefits of the COUNTY, such as, but not limited to, health and accident insurance, life insurance, paid vacation or sick leave, or longevity. The CONTRACTOR shall be responsible for paying all salaries, wages and other compensation which may be due its employees or agents for performing services under this Agreement and for the withholding and payment of all applicable taxes, including, but not limited to, income and social security taxes, to the proper Federal, State and local governments.

ELEVENTH: Indemnification and Hold Harmless. The CONTRACTOR shall, at its own expense, protect, defend, indemnify, save, and hold harmless the COUNTY and its elected and appointed officers, employees, servants and agents from all claims, damages, costs, lawsuits and expenses, that they may incur as a result of any acts, omissions or negligence of the CONTRACTOR or any of its employees, agents or servants that may arise out of this Agreement.

TWELFTH: Insurance. The CONTRACTOR shall procure and maintain during the term of this Agreement, the insurance coverage’s of not less than those outlined below. These minimums shall in no way be construed to reduce said requirements below applicable legally mandated levels. All coverage shall be with insurance companies licensed and admitted to do business in the State of Michigan. Additionally, all coverage shall be with insurance carriers acceptable to the COUNTY:

Worker’s Disability Compensation Insurance: The CONTRACTOR shall procure and maintain during the life of this Agreement, Worker’s Disability Compensation Insurance, including employer’s liability in accordance with all applicable statutes of the State of Michigan.

1. Commercial General Liability Insurance: The CONTRACTOR shall procure and maintain during the life of this Agreement, Commercial General Liability Insurance on an “occurrence basis” with limits of liability not less than $1,000,000 per occurrence and/or aggregate combined single limit, personal injury, bodily injury and property damage. Coverage shall include the following extensions: (1) Contractual Liability, (2) Products and Completed Operations Coverage, (3) Independent Contractors Coverage, (4) Broad Form General Liability Extensions or the equivalent, and (5) Annual contract aggregate applicable to this Agreement.

1. Motor Vehicle Liability: The CONTRACTOR shall procure and maintain, during the life of this Agreement, Motor Vehicle Liability Insurance, including Michigan No-Fault Coverage, with limits of liability of not less than $1,000,000 per occurrence combined single limit, bodily injury and property damage. Coverage shall include owned, non-owned and hired vehicles.

1. Additional Insured: Commercial General Liability Insurance and Motor Vehicle Liability Insurance as described above shall include the following as “Additional Insured”; COUNTY OF EATON, all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and board members, including employees and volunteers thereof.

1. Cancellation Notice: Workers’ Disability Compensation Insurance, Commercial General Liability Insurance, Pollution Liability Insurance if on policies separate from General or Motor Vehicle Liability, and Motor Vehicle Liability Insurance as described above, shall include an endorsement stating the following: “It is understood and agreed that twenty (20) days Advance Written Notice of Cancellation, Non-Renewal, Reduction and/or Material Change shall be sent to: COUNTY OF EATON, Department of Resource Recovery, 1045 Independence Blvd, Charlotte, MI 48813”

1. Proof of Insurance: The CONTRACTOR shall provide to the COUNTY at the time the Agreement is returned by it for execution, certificates of insurance and policies as listed below:

1. Two (2) copies of Certificate of Insurance for Workers’ Disability Compensation Insurance;

1. Two (2) copies of Certificate of Insurance for Commercial General Liability Insurance;

1. Two (2) copies of Certificate of Insurance for Vehicle Liability Insurance;

1. Two (2) copies of Certificate of Insurance for Pollution Liability Insurance if on policies separate from those evidenced by the Certificates of Insurance required by items 2 and 3 this subsection.

1. If so requested, Certified copies of all policies mentioned above will be furnished.

THIRTEENTH: Waivers. No failure or delay on the part of either of the parties to this Agreement in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other further exercise of any other right, power or privilege.

FOURTEENTH: Amendments. Modifications, amendments or waivers of any provision of this Agreement may be made only by the written mutual consent of the parties hereto.

FIFTEENTH: Subcontracting of Assignment. The CONTRACTOR shall not subcontract or assign its duties and/or obligations under this Agreement, except for that of final disposal.

SIXTEENTH: Agreement Duration. This Agreement shall commence upon the 1st day of January, 2015, and shall continue until the 31st day of December, 2016, after which this Agreement shall continue on a month to month basis until it is superseded by a new Agreement between the COUNTY and the CONTRACTOR or terminated by either party upon thirty (30) days prior written notice to the other party.

Notwithstanding any other provision of this Agreement to the contrary, the COUNTY may at its sole discretion terminate this Agreement prior to December 31, 2016 upon sixty (60) days prior written notice to the CONTRACTOR. In the event that the Agreement is prematurely terminated, the CONTRACTOR shall be paid for all services performed up to the effective date of termination.

SEVENTEENTH: Disregarding Titles. The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement.

EIGHTEENTH: Completeness of the Agreement. This Agreement and any additional or supplementary documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the parties hereto.

NINETEENTH: Binding Effect of the Agreement. The covenants and conditions of this Agreement shall be binding upon and for the benefit of the heirs, administrators, executors, successors and assigns of the parties hereto.

TWENTIETH: Invalid Provisions. If any provision of this Agreement is held to be invalid it shall be considered to be deleted and the remainder of this Agreement shall not be affected thereby. Where the deletion of the invalid provision would result in the illegality and/or unenforceability of this Agreement, this Agreement shall be considered to have terminated as of the date in which the provision was declared invalid.

TWENTY-FIRST: Certification of Authority to Sign Agreement. The persons signing on behalf of the parties hereto certify by their signatures that they are duly authorized to sign this Agreement on behalf of said parties and that this Agreement has been authorized by said parties.

IN WITNESS WHEREOF, the authorized representatives of the parties hereto have fully signed this Agreement on the day and year first above written.

COUNTY OF EATON / WITNESSED BY
Chairperson
County Board of Commissioners / Date
THE CONTRACTOR / WITNESSED BY
Authorized Signature / Date
Name (printed) / Title (printed)

TECHNICAL PROPOSAL

SUBMISSION REQUIREMENTS

PROGRAM BACKGROUND: The Eaton County Department of Resource Recovery (Department) organizes three Electronics Recovery Collections every year to which residents deliver unwanted Electronics. The Department selects sites, advertises, educates residents on proper disposal methods and schedules appointments for interested participants. The need for appointments can be discussed with the contractor.

In an effort to serve the needs of Eaton County residents, the Department is requesting bids from qualified contractors. Following is a list of submission requirements. Exhibit A, Scope of Services found on page 10, provides a complete list of Contractor Responsibilities, including personnel, record-keeping and packaging requirements.

PROJECT OVERVIEW: Provide a brief synopsis of the proposal including a history of the organization, corporate ownership, services, resources, track record and ability to meet the needs of the County as expressed in this RFP.

RELATED PROJECT EXPERIENCE: Provide a list of previous Electronics Recycling projects performed. Include the agency’s name, contacts, telephone numbers and a brief description of the project.

ON-SITE SERVICES TO BE OFFERED:

• A detailed description of on-site activities including receipt, segregation, packaging, loading and transportation of materials.
• A list of qualified staff and their duties, ensuring sufficient staff to handle potentially at least 50,000 pounds of Electronics if not more.
• A detailed list of equipment to be on-site at each collection.
• Name, address and other contact information for the transfer, disposal and/or recycling facilities to be used. Include permits.
• Contingency Plans, including a description of notification procedures to collection participants and plan of evacuation in case of an on-site emergency.

ACCEPTABLE AND UNACCEPTABLE MATERIALS:

Provide the Department with a list of all acceptable items, including a list of items that will not be allowed for collection as required by the Contractor, or by local, state or federal laws or regulations.

RECYCLING:

As part of the proposal, provide a list of materials that will be recycled rather than disposed.

COMPLIANCE:

Briefly summarize current compliance with state and federal regulations. Include a synopsis on any past or current violations or non-compliance with federal transportation or RCRA regulations or state regulations.

COST PROPOSAL

SUBMISSION REQUIREMENTS

INTRODUCTION:

Each bidder must submit a Cost Proposal for both Electronic Recycling Services. Cost Proposals should include, in detail, all costs involved in a one-day collection event.

COST PROPOSAL:

Use EXHIBIT B on page 12 to provide price quote. Incomplete detail or bid will not be considered.

SIGNATURE PAGE:

Include the signed Signature Page on page 14 of this RFP. This document commits the bidder to the price quotes stated in the Cost Proposal.

Exhibit A

SCOPE OF SERVICES

The responsibilities of CONTRACTOR with regards to the Electronics Waste Disposal Program (PROGRAM) of the Eaton County Department of Resource Recovery (DEPARTMENT) as well as personnel, record-keeping, packing supplies and other requirements to be met by the Contractor are as follows: