Contract - ARC - 2007-01-15 AGREEMENT
(NO COST E-WASTE COLLECTION EVENT
SCHEDULED FOR FEBRUARY 24,2007)
THIS AGREEMENT is made and entered into by and between the COSTA
MESA SANITARY DISTRICT a district formed pursuant to the Sanitary
DISTRICT Act of 1923 (hereinafter referred to as "DISTRICT"), and ARC
INTERNATIONAL (hereinafter referred to as 'CONTRACTOR").
The Parties hereto agree as follows:
1. Scope of the Work. CONTRACTOR shall perform the work described in EXHIBIT
A and summarized briefly as follows:
(1) Create and promote a one-day collection event on February 24, 2007 9am-
4pm at the City of Costa Mesa Corporation Yard located at 2300 Placentia Avenue, Costa
Mesa,CA.
(2) Coordinate with the DISTRICT and the City of Costa Mesa to develop and
distribute Promotional Flyers, Messages, Newsletters Press Releases, News Releases and
Advertisements targeting Residences, Businesses,Profit and Non-Profit Organizations.
(3) Further distribute Flyers through the following opportunities as they
become available to make a successful e-waste collection event:
(a) Newport Mesa Unified School District,
(b) Libraries,
(c) Fairgrounds,
(d) Sporting Events,
(e) Festivals,
(f) Chamber of Commerce,
(g) Grocery Stores,
(h) Clubs and Organizations, and
(i) Churches.
2. Equipment Performance of Work. Unless otherwise stated, CONTRACTOR
shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform
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and complete in a good and workmanlike manner the work of general collection as called for,
and site cleanup upon event completion.
3. Contract Price. The contract price shall be ZERO DOLLARS AND NO
CENTS ($ 0.00.) CONTRACTOR shall reimburse the DISTRICT at the following rates for
collected e-waste:
(1) Computer monitors(Cathode Ray Tubes(CRTs)),TV monitors @$.2011b;
(2) Other electronics (computers, keyboards, circuit boards, hard drives, mice,
connecting cables)@$.00/lb;
CONTRACTOR will submit the proceeds to the DISTRICT within 10 business days
following the collection event. The DISTRICT will split the proceeds evenly with the City of
Costa Mesa.
4. Time of Performance. The time fixed for completing said work shall be for a
single day on February 24,2007 Time is of the essence in this contract.
5. Damages. In the event that CONTRACTOR, for any reason, shall have failed to
perform the work herein specified within the time herein required and to the satisfaction of
DISTRICT Assistant Manager, DISTRICT may, in lieu of any other of its rights authorized in
this AGREEMENT charge a fee to the CONTRACTOR after such breach a sum equal to the
cost for a substitute contractor to complete the work.
6. Permits Compliance With Law Unless specifically provided otherwise, in the
scope of the work, CONTRACTOR shall, at CONTRACTOR's expense, obtain all necessary
permits and licenses for the collection, logistics and pick-up of all e-waste materials, give all
necessary notices and pay all fees and taxes required by law
7 Indemnification. CONTRACTOR and DISTRICT agree that DISTRICT should,
to the extent permitted by law be fully protected from any loss, injury, damage, claim, lawsuit,
cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising
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out of or in any way related to the performance of this Agreement. Accordingly,the provisions of
this indemnity provision are intended by the parties to be interpreted and construed to provide the
fullest protection possible under the law to the DISTRICT except for liability attributable to the
DISTRICT's active negligence. CONTRACTOR acknowledges that DISTRICT would not enter
into this Agreement in the absence of this commitment from CONTRACTOR to indemnify and
protect DISTRICT as set forth here.
To the full extent permitted by law and excepting only the active negligence of
DISTRICT established by a court of competent jurisdiction or written agreement between the
parties, CONTRACTOR shall defend, indemnify and hold harmless DISTRICT its employees,
agents and officials, from any liability, claims, suits, actions, arbitration proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual
attorney fees incurred by DISTRICT court costs, interest, defense costs including expert witness
fees and any other costs or expenses of any kind whatsoever without restriction or limitation
incurred in relation to, as a consequence of or arising out of or in any way attributable actually
allegedly or impliedly, in whole or in part to the performance of the Agreement. All obligations
under this provision are to be paid by CONTRACTOR as incurred by the DISTRICT
8. Insurance. CONTRACTOR agrees to provide insurance in accordance with the
requirements set forth in the attachment hereto and provide District with a certificate of insurance
and endorsement naming the District as an additional insured(EXHIBIT B).
9 Tonnage Records. The CONTRACTOR and shall report accurate weight ticket
records to the DISTRICT within 10 business days following the event.
10. Integration. The parties agree that this document represents their entire agreement
and that this AGREEMENT may not be subsequently modified unless said modification is made
in writing and is signed by both parties.
11 Independent CONTRACTOR. CONTRACTOR acknowledges and agrees that he
is an independent CONTRACTOR who has been retained for the results of his work and not for
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the means by which it is accomplished. It is specifically agreed that the DISTRICT does not
have the right of control over the mode of doing the work contracted for and that neither the
CONTRACTOR,his employees, nor his consultants are employees of the DISTRICT.
12. CONTRACTOR's Independent Investigation. No plea of ignorance of conditions
that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in
the execution of the work under this Contract, as a result of failure to make the necessary
independent examinations and investigations, and no plea of reliance on initial investigations or
reports prepared by DISTRICT for purpose of letting this Contract out to bid,will be accepted as
an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail
all requirements of said Contract, specifications, and plans. Nor will such reasons be accepted as
a basis for any claims whatsoever for extra compensation or for an extension of time. In
accordance with Public Contracts Code Section 7105, CONTRACTOR shall not be liable for
Acts of God.
13. Safety and Site Condition. CONTRACTOR shall perform all operations with due
regard for safety and in strict compliance with all applicable laws relating thereto. It shall be
CONTRACTOR's responsibility to keep the site in a clean, neat and orderly condition. It shall
also be CONTRACTOR's duty to dust-palliate all working areas and access routes, if applicable.
All operations shall be conducted by CONTRACTOR so that no fire hazards are created.
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Dated this I !�v day of 4Ua„7 2007 COSTA MESA SANITARY DISTRICT
By 0''''C"' le --P !�
( - P side�nt
By. \`�KYl r 0✓�t v-
Secretary
APPROVED AS TO FORM.
By tk{404,
General Counsel
APPROVED AS TO CONTENT
(
By
Dis 'ct4Manager/Engineer
CONTRACTOR
Contractor: /i
By tar-
1 r ( 7( /d7
5
F ,y, EXHIBIT "A"
• 1114C
' • 'Y
h INTERNATIONAL
• Electronic Waste (E-Waste) Collection Events
In The City of Costa Mesa
Overview
• A statewide study indicated that approximately 350 million pounds of unused computers are
stockpiled in California households and businesses.
• Studies further showed that only an estimated 10% to 15% of e-wastes are currently being
recycled within this State.
•
>., • In addition, under the new California State legislation, a business or individual could be fined up
to $25,000 for improperly dumping their E-Wastes.
ARC International Corporation (ARC) proposes a strategic alliance with City of Costa Mesa to promote
and increase environmental solutions and reforms for the growing electronic waste (e-waste) problem
through an E-Waste Collection Event.
Objective
1) Reduce e-waste in your city
• 2) Make your city compliant to DISC and CIWMB mandate.
3) Inspire prevention of e-waste dumping in our landfills.
Strategy
"` 1) Create a one day collection event.
2) Promote donations of retired e-products into city for recycling.
A4:; Target Audience
ter_.
1) City Residence.
2) Local Businesses.
• 3) Profit and Non-Profit Organizations.
Tactics
,5,
fr I. Develop Flyer and Banner
i. Promotional Event Announcement Flyer.
ii. Promotional Event Banner.
City Drop-off Announcement Flyer
1f ARC HEADQUARTERS USA
911 SOUTH BIXBY DRIVE CITY OF INDUSTRY CA 91745
TEL 626 855 8011 FAX 626 855 8010 WEBSITE WWW ARCIC COM
EXHIBIT `B'
ACORD M CERTIFICATE OF LIABILITY INSURANCE DAT12/19//20006
PRODuCER Phone' (526)300.9(00 Fax 626.570.0908 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
NEW CENTURY INS SERVICES,INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
16 N.2ND ST HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALHAM BRA CA 91801 ALTER TH COV RAGE AFFORDED BY T E POL CIES BE OW
INSURERS AFFORDING COVERAGE NAIL 9
Agency Uct OB07085
INSURED INSURER A: Colemont Insurance Brokers
ARC INTERNATIONAL CORP INSURER B: NATIONAL LIABILITY&ARE INS.CO.
ORA COASTAL GROUP CORP
INSURER C:
680 S.LEMON AVE.
CITY OF INDUSTRY CA 91789 INSURER D:
INSURER E.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT,TERM OR OONDITHON OF ANY CONTRACT OR 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 CONDmONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
ILTRr -c TYPE OF INSURANCE POLICY NUMBER PoWYEFFECTNE POMCYEXPRATICXI LIMITS
LIR PAL DATE(IAVW/YYI DATE FAVOIYn
GENERAL UABIUTY 06PKG01617 11/09/06 11/09/07 EACH OCCURRENCE $ 5,000,000
A I COMMERCIAL GENERAL LIABILITY onMCETO RENTED $ 50,000
FAEMLIES(Es mvneor)
I I CLAIMS MADEI X I OCCUR MED ESP(Any one person) s 5,000
A PERSONAL ADVINJVRV $ 5,000,000
— GENERAL AGGREGATE S 5,000,000
GENT AGGREGATE UMIT APPUES PER PRODUCTS-COMP/OP AGG S 5,000,000
POLICY n JECT ILA
AUTOMOBILE UABIUTY COMBINED SINGLE UMIT
I ANY AUTO (En accident) $
ALL GAINED AUTOS BODILY INJURY
SCF._DULED LUTOS
(Fe(person) $
—I HIRED AUTOS BODILY INJURY
H
NON-OWNED AUTOS (Pe accident)
PROPERTY DAMAGE $
Per scolded)
GARAGE LIABILITY AUTO ONLY EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGO S
EXCESS/UMBRELLA UABIUTY EACH OCCURRENCE $
-
7 OCCUR ❑CLAIMS MADE AGGREGATE $
$
I DEDUCTIBLE $
—1 RETENTION
$
WC STARI-
WORKERS COMPENSATION AND 0100017633061 01/01/06 01/01/07 ITORYLITS I
M OTHER
EMPLOYERS'UABIUTY
B A Y PROPRIETORPARTnER CUINE
E L EACH ACODENT $ 1,000,000
0 FICERnEMOER EXCLUDED^ E L DISEASE-EA EMPLOYEE $ 1,000,000
It Hs,dart, u a
SPECIAL PROVISION EL DISEASE-POLICY UMIT $ 1,000,000
OTHER:ENVIRONMENTAL LIMIT
A IMPAIRMENT LIABILITY $5,000,000
CONTRACTOR'S POLLUTION LIABILITY $5,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
SEE SUPPLEMENTAL CERTIFICATE INFORMATION
CERTIFICATE HOLDER CANCELLATION
COSTA MESA SANITARY DISTRICT SHOULD ANY OF THE ABOVE DESCRIBED POJCIES BE CANCELLED BEFORE THE
628 W.19TH STREET 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
COSTA MESA,CA 92627 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS
MR.THOMAS FAUTH/ASSISTANT MANAGER AGENTS OR REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
Attention:
ACORD 25(2001/08) Certificate# 57573 / ®ACORD CORPORATION 1988
I
SUPPLEMENT TO CERTIFICATE OF LIABILITY INS #57573 006
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
THE CERTIFICATE HOLDER,CRY OF COSTA MESA&COSTA MESA SANITARY DISTRICT ARE NAMED AS AN ADDITIONAL INSURED PER
ENDORSEMENT ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS,(FORM B).
CITY OF COSTA MESA:77 FAIR DRIVE,COSTA MESA 92628:MS.DONNA THERIAULT/MANAGEMENT ANALYST PUBLIC
COSTA MESA SANITARY DISTRICT 628 W.19TH STREET COSTA MESA,CA 92627'MR.THOMAS FAUTH/ASSISTANT MANAGER
Certificate# 57573