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Home My WebLink About20052409.tiff RESOLUTION RE: APPROVE AGREEMENT FOR RECYCLING OF OBSOLETE ELECTRONIC EQUIPMENT AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Recycling of Obsolete Electronic Equipment between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Weld County Department of Public Health and Environment,and Guaranteed Recycling Experts,commencing upon full execution,with further terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Agreement for Recycling of Obsolete Electronic Equipment between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and Guaranteed Recycling Experts be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 15th day of August, A.D., 2005. BOARD OF COUNTY COMMISSIONERS E WELD COUNTY, COLORADO • /861 a " '!` @ �` William H. rke, Chair lerk to the Board M. elle, ro-Tem Deputy Clerk to the Board Da E ong ASR VEDAST Robe D. Masdel County Attorney Glenn Vaa Date of signature: �-r 2005-2409 HL0032 (10 //LG2 1) -os- Memorandum TO: Bill Jerke, Chairman, BOCC Will DATE: August 8, 2005 C. FROM: Mark E. Wallace, MD, MPH, Departm n VJ COLORADO of Public Health and Environm t cn Vv� SUBJECT: Agreement with GRX to Provide E- Waste Recycling Enclosed for Board review and approval is an Agreement between Guaranteed Recycling Experts (a.k.a. GRX) and Weld County. The purpose of the Agreement is to conduct a pilot program to determine the feasibility of e-waste recycling at the County's South Household Hazardous Waste building. The Agreement allows GRX to locate a staff person and vehicle at our facility during our normal operating hours. GRX will charge a fee to those residents wishing to dispose of e-waste. There is no charge to the County. The County's primary commitment is to advertise this service along with our routine HHW advertising. The Agreement is for a period of one-year. I recommend your approval of this Agreement. Enclosure T f71 C _ i.1 (7 CI N • 0- 2005-2409 Agreement This Agreement is between Guaranteed Recycling Experts ("GRX"), located at 4920 Washington Street, Denver, CO 80216 and Weld County, Colorado ("Weld"), located at 915 10t" St., Greeley, CO 80631, and is dated this 29th day of July, 2005. Whereas: • Through a pilot program, Weld wishes to evaluate the feasibility of the establishment of a regularly available facility for county residents and businesses to drop off unwanted and potentially harmful items of obsolete electronic equipment ("e-waste") for recycling, such facility to be known as the "Service"; and • GRX wishes to provide and operate such Service under contract to Weld: It is now, therefore, agreed between the parties as follows: Basic Outline of Service • at regularly scheduled dates and times, to be agreed between GRX and Weld, GRX will station a truck and personnel at a site to be designated by Weld to receive e-waste from the residential and business community of Weld County. • GRX will charge market—based fees to those wishing to dispose of e-waste, and will collect those fees at the time the e-waste is delivered to the site. • at the end of each scheduled drop-off period, GRX will transport the e-waste to its processing facility in Denver where it will be disassembled into its constituent materials, which will be reprocessed and recycled into raw materials to be used in the manufacture of new products GRX Obligations • GRX will be responsible for providing the truck and the staff who will supervise the Service at the agreed upon dates and times. • GRX will ensure that the site on which the Service is operated is kept clean and tidy and that it is completely free of all electronic and other debris at the end of each scheduled drop off period. • Costs associated with the operation of the Service will be borne by GRX, including the cost of the truck, staffing, administration, and transportation of the e-waste to its processing facility. • GRX will be responsible for the collection of fees from those wishing to make use of the Service to dispose of e-waste, and will provide Weld with a record of the volume of material collected at each drop-off event and the total amount of fees collected. Electronic Recycling Agreement Page 1 of 5 • Orphan e-waste is defined as e-waste left at the drop-off sites outside normal operating hours. GRX will accept "orphan" e-waste without charge up to a maximum of 200 lbs per month at each drop-off site. (See Weld Obligations). • Following each drop-off event, GRX will pay a sum equivalent to $0.03 (three cents) for each pound of e-waste collected to a local not-for-profit program to be selected by Weld. • GRX represents that it will not refurbish and/or resell any electronic equipment collected by the Service. GRX further represents that all electronic equipment collected by the Service will be disassembled at its facility and the constituent materials sent to companies in the U.S. and other OECD (Organization for Economic Co-operation & Development) member countries, where it is reprocessed into recycled raw materials for use in a variety of manufacturing processes. Weld Obligations • Weld will make available, at no charge to GRX, a suitable site for operation of the Service. • Weld will use its existing communication channels to publicize on a regular and repetitive basis, and without cost to GRX, the availability of the Service to both the residential and business communities of Weld County. In doing so, Weld will make particular mention of the $0.03 per pound donation to the selected not-for profit program (see above) as a means of encouraging local residents and businesses to bring out their e-waste for recycling. • Weld acknowledges that this service is of an innovative nature and that it will work closely with GRX to adjust, within reasonable limits, the timing and frequency of dates/times of operation of the Service in order to maximize use of the Service and accommodate GRX's legitimate economic concerns. • Weld will make reasonable efforts to ensure that residents/businesses do not leave e- waste at the drop-off sites outside the hours of scheduled collection events. This will be accomplished by means of signs and other written communications to potential users of the service. In the event that "orphan" waste is accumulated at a rate greater than 200 lbs/month, GRX and Weld will jointly review the service in an attempt to eliminate future issues. Weld will pay GRX 13 cents per lb for "orphan" e-waste in excess of 200 lbs/month at each drop-off site. Pricing GRX will charge fees to residents and businesses wishing to make use of the Service and will collect those fees at the time e-waste is dropped off at the site. GRX has the ability to accept payment by credit card. Attachment 1 contains GRX's Schedule of Fees for the Service, which is to be considered an integral part of this Agreement. Electronic Recycling Agreement Page 2 of 5 E-waste Accepted GRX will accept all equipment listed in Attachment 1. GRX will consider accepting other items of e-waste if they are presented at the site, but reserves the right to refuse any item not included in the list at Attachment 1. Other • The parties to this Agreement intend that the relationship between them contemplated by this Agreement is that of independent entities working in mutual cooperation. GRX staff are not to be considered County employees for any purpose and said persons may not hold themselves out as employees or agents of County or otherwise make any representation or commitment on behalf of County. County staff are not to be considered employees of GRX for any purpose and said staff may not hold themselves out as employees or agents of GRX or otherwise make any representations or commitments on behalf of GRX. Neither party shall be in any way required to provide any pecuniary benefits, salaries, wages, or fringe benefits to employees of the other party. • GRX shall maintain liability insurance coverage or financial responsibility acceptable to County as assurance of its accountability for any such losses, claims, liabilities, or expenses on request. County shall maintain liability insurance coverage or financial responsibility as assurance of its accountability for any such losses, claims, liabilities, or expenses on request. To the extent permitted by law, each party agrees to defend, hold harmless, and indemnify the other party and its affiliates, directors, trustees, officers, and employees from and against all claims, demands, suits, judgments, expenses, and costs of any and all kinds arising as a result of damages or injuries arising out of, or incident to, the performance or failure of performance of this Agreement by such indemnifying party or its agents of its duties, obligations, or rights hereunder. The indemnities and assumptions of liabilities and obligations herein provided for shall continue in full force and effect notwithstanding the expiration or termination of this Agreement. • The parties understand that this is a new initiative and agree that the Service will be designated as a pilot program until agreed otherwise by the parties. However, despite the foregoing, the parties will operate the Service for a period of twelve months from the date of this Agreement, during which period the parties will work diligently to explore all reasonable combinations of days/times the Service is open to maximize its use by local residents and businesses. • In the event the Service proves to be well received, well utilized, and economically viable for GRX, at the end of the twelve month pilot period, Weld will seek a competitive bid following standard purchasing procedures to continue the service. GRX recognizes that no special preference will be accorded GRX by virtue of having conducted the pilot program, nor shall GRX be compelled to participate in any competitive bid process conducted by the County. • Either party may terminate this agreement with 30-days written notice. • Any notice provided for in this Agreement shall be in writing and shall be served by personal delivery or by certified mail, return receipt requested, postage prepaid, at the addresses set forth in this Agreement until such time as written notice of a change is Electronic Recycling Agreement Page 3 of 5 received from the party wishing to make a change of address. Any notice so mailed and any notice served by personal delivery shall be deemed delivered and effective upon receipt or upon attempted delivery. This method of notification will be used in all instances, except for emergency situations when immediate notification to the parties is required. • It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 7/7 c 4tiCkt (40)&11 711 Dr. Mark Wallace, Director Mike Wri t, President Weld County Department of Public Health 8 Environment Guaranteed Recycling Experts(GRX) Bill Jerke, Chairman AUG 1 5 2005 Weld County Board of C�om�miisssioneerrs�� na�� ATTEST: I66."�. 1 ��!/v� 861 E1/4 ATTEST: rich ? WELD COUNTY CLERK TO E BOARD --� - BY: 7irc-teg, DEPUTY CLERK THE BOAR � ' Electronic Recycling Agreement Page 4 of 5 Attachment 1 GUARANTEED RECYCLING EXPERTS Pricing Schedule for Weld County E-waste Service Electronic Item Fee/Item Monitor 12.00 Computer 5.00 Keyboard 2.00 Mouse 0.50 Power Supply 3.50 Portable Computer 9.00 Printer 7.00 Desktop Copier 7.00 Large Copier .29 per pound Scanner 4.00 CD Player 4.00 Disc Drive 3.00 Fax Machine 7.00 Cables 0.25 TV < 20" 15.00 TV 20" - 29" 23.00 TV > 30" 30.00 Console TV .29 per pound Cell Phone 1.00 VCR 4.00 Calculator 1.00 NOTE: Lots of 500 lbs or more will be charged a flat rate of $0.29 per lb. Electronic Recycling Agreement Page 5 of 5 Hello