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HomeMy WebLinkAboutGOODWILL INDUSTRIES OF DENVER - CONTRACT - AGREEMENT MISC - GOODWILL INDUSTRIES OF DENVER (3)Official Purchasing Document Last updated 10/2017 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and GOODWILL INDUSTRIES OF DENVER, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of nine (9) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence September 1, 2018, and shall continue in full force and effect until August 31, 2019, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Goodwill Industries of Denver Attn: Del Morgan 6850 N. Federal Blvd. Denver, CO 80221 dmorgan@goodwilldenver.org City of Fort Collins Attn: Michelle Johnson, Manager, Client Services PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 Miscellaneous Services Agreement – E-Waste Recycling Services Page 1 of 17 DocuSign Envelope ID: 49CC7A41-DA91-4266-97B0-780B82607CBD Official Purchasing Document Last updated 10/2017 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, as per the attached Exhibit A Scope of Services, consisting of nine (9) pages, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 9. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the Miscellaneous Services Agreement – E-Waste Recycling Services Page 2 of 17 DocuSign Envelope ID: 49CC7A41-DA91-4266-97B0-780B82607CBD Official Purchasing Document Last updated 10/2017 highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured Miscellaneous Services Agreement – E-Waste Recycling Services Page 3 of 17 DocuSign Envelope ID: 49CC7A41-DA91-4266-97B0-780B82607CBD Official Purchasing Document Last updated 10/2017 under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and Miscellaneous Services Agreement – E-Waste Recycling Services Page 4 of 17 DocuSign Envelope ID: 49CC7A41-DA91-4266-97B0-780B82607CBD Official Purchasing Document Last updated 10/2017 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit C - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Miscellaneous Services Agreement – E-Waste Recycling Services Page 5 of 17 DocuSign Envelope ID: 49CC7A41-DA91-4266-97B0-780B82607CBD Official Purchasing Document Last updated 10/2017 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: GOODWILL INDUSTRIES OF DENVER By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Miscellaneous Services Agreement – E-Waste Recycling Services Page 6 of 17 DocuSign Envelope ID: 49CC7A41-DA91-4266-97B0-780B82607CBD Richard R. Hettlinger 9/6/2018 Interim President and CEO 9/6/2018 Official Purchasing Document Last updated 10/2017 EXHIBIT A SCOPE OF SERVICES Service Provider is a non-profit organization that has designed a program to recycle and/or re- use, or as appropriate, dispose of certain donated computer and electronic equipment listed in this Scope of Work (the “Donated Materials”), and which program is performed in accordance with the specifications outlined herein. 1. LOCATION. Service Provider will pick up Donated Materials at designated City of Fort Collins locations. Except where indicated otherwise, City locations do not have dock-high facilities. Service Provider will dispatch pickup vehicles with power lift gates and/or other accommodations suitable for pickup and loading at facilities that do not have loading docks. The City of Fort Collins has four E-Waste Drop-Zones which are the primary pickup sites for Data-Bearing Devices: IT Help Desk, 215 North Mason Street, (970) 221-6791, helpdesk@fcgov.com Utilities, 700 Wood Street, (970) 416-2013, Alfonso Colin, acolin@fcgov.com Police, 2221 South Timberline Road, (970) 416-4309, Ben Walker, bewalker@fcgov.com Streets, 625 Ninth Street, (970) 221-6762, Scott Bowman, sbowman@fcgov.com All pickups of Data-Bearing Devices are to be coordinated through the City’s IT Department or from one of these pre-approved Drop-Zones. The City of Fort Collins has one central drop-off location which is the primary pickup location for non-Data-Bearing Devices: Operations Services Loomis Warehouse, 518 North Loomis Street, (970) 224-6014, Mariano (Joe) Cruz, cell (970) 566-1222, mcruz@fcgov.com ; call first to make an appointment for pickup. In addition: City Departments can call directly to schedule large pickups of Non-Data- Bearing Devices. This is primarily waste deposited by the public which is picked up from the Parks and Streets Departments. 2. SCOPE OF WORK. 2.1 The City of Fort Collins appoints Service Provider as its primary recycler, reuser and/or disposer of the Donated Materials listed, during the Term of this Agreement. The City reserves the right to make donations to other entities on a case-by-case basis. 2.2 A designated Service Provider representative will sign the receipt for pick-up of Donated Materials at City facilities. When the City requests that Service Provider pick up Donated Materials and Service Provider accepts such request, Service Provider shall pick up the Donated Materials from the City facility within ten (10) business days of the City scheduling such pick up with Service Provider; provided, however, that the City shall be responsible for sorting and packing all Donated Materials so that they are ready for pick up promptly upon Service Provider’s arrival. The City shall provide Service Provider a minimum of three business days advance notice to schedule the pick-up of Donated Materials at the City’s Facility. The City will provide contact information for a designated representative and/or on site contact person to coordinate the pick-up of Donated Material, upon acceptance of this Agreement. Miscellaneous Services Agreement – E-Waste Recycling Services Page 7 of 17 DocuSign Envelope ID: 49CC7A41-DA91-4266-97B0-780B82607CBD Official Purchasing Document Last updated 10/2017 2.3 Service Provider will issue a Certificate of Recycling and Donation for each Donated Material pickup completed and received by Service Provider. Acceptable Donated Materials are to include most classes of information technology and consumer electronics equipment and approved manufacturing materials, as identified herein. 3.0 TITLE TO DONATED MATERIALS. Title to all Donated Materials will transfer to Service Provider upon Service Provider’s receipt of the Donated Materials. Service Provider will handle the recycling and/or preparation for re-use of all Donated Materials and reserves the right to remarket or recycle and recover all Donated Materials, including any and all such systems, subsystems, and components of the Donated Materials. Non-marketable Donated Materials will be processed for recovery/recycling of the ferrous/non-ferrous metals, glass, plastics, etc. in accordance with standard environmental and state and local laws, rules and guidelines. Service Provider’s goal is to landfill less than 1% of all received Donated Materials. 4.0 DATA DESTRUCTION. City of Fort Collins IT Department will remove the drives from Desktop and Laptop PCs and clean them, and put them in a box. Service Provider can then reinstall them in the units for re-use at their option. An Exception to this is Servers and Storage Devices containing Hard Drives (see Appendix A). 5.0 FEES FOR PROGRAM LOGISTICS. Material Donations: All Electronic Materials for Donation to Service Provider See Appendix A Certificate of Recycling and Donation from Service Provider Included Logistics and Add-on Program Fees: Service Provider Pick-Up Fee at City of Fort Collins Facilities <1 hour onsite) No Charge Service Provider Pick-Up Fee: If a pick-up exceeds the one hour limit, the City will be charged $150.00 after the first free hour. $150.00 Serial Number Capture and Report (if requested) *Note: City of Fort Collins does not currently require this Service. $2.00 / serial # 6.0 THIRD PARTY CERTIFICATION. Service Provider shall as a mandatory requirement of this Agreement acquire, maintain, and provide proof of third-party certification upon initial signing and annual renewal of this Agreement; with one of the following: • Responsible Recycling Practices (R2) • The e-Stewards Standard for Responsible Recycling and Reuse of Electronic Equipment • R2/RIOS 7.0 REPORTING. Service Provider shall report to the City on a monthly basis on types of material and weights picked up from City departments. Service Provider and the City’s representative shall agree on a mutually acceptable electronic reporting format. Miscellaneous Services Agreement – E-Waste Recycling Services Page 8 of 17 DocuSign Envelope ID: 49CC7A41-DA91-4266-97B0-780B82607CBD Official Purchasing Document Last updated 10/2017 8.0 LIST OF ACCEPTABLE DONATED MATERIALS. In addition to the materials listed on Appendix A; the City reserves the right to include other Donated Materials within the scope of this Agreement, upon the mutual agreement of the City and Service Provider. Examples include but are not limited to: • Office Furniture (City to submit pictures in advance of pickup. Service Provider reserves the right to refuse to pick up items they have no market for.) • Toner and Printer cartridges • Service Provider will work with the City to find markets for hard-to-recycle items that are not covered under the City’s normal Trash and Recycling contract; at the request of the City. These will be explored on a case-by-case basis to determine any applicable cost- to-process. Miscellaneous Services Agreement – E-Waste Recycling Services Page 9 of 17 DocuSign Envelope ID: 49CC7A41-DA91-4266-97B0-780B82607CBD Official Purchasing Document Last updated 10/2017 EXHIBIT A APPENDIX A 2018-2019 GOOD ELECTRONICS RECYCLING LIST ITEMS WE ACCEPT AND ASSOCIATED PRICING PRIORITY ITEMS: FREE OF CHARGE ($0.00/LB) (HG) High Grade – no charge ($0.00), FREE to donate Computers: Desktops, laptops, all in one computers (IMAC) Servers, storage devices Switches/routers/circuit boards Business phones Towers Tablets Apple (i-equipment): iPods, iPads, Apple Watch Cellphones Desktop hard drives, laptop hard drives Ink & Toner Cartridges Laptop & Phone Batteries Cable/satellite receivers Misc. Wiring PRINT AND DISPLAY GRADE: ($0.25/LB) Printers Copiers Fax machines Scanners CRT (tube) computer monitors Flat panel monitors (LCD) Screens Miscellaneous Services Agreement – E-Waste Recycling Services Page 10 of 17 DocuSign Envelope ID: 49CC7A41-DA91-4266-97B0-780B82607CBD Official Purchasing Document Last updated 10/2017 LOW GRADE ($0.39/LB) Consumer Electronics: DVDs, VCRs, TiVo’s and all other recording devices Gaming devices Consoles MP3 players Digital converter boxes eReaders PDAs and pagers Hand-held audio/video Audio stereo equipment Speakers Cameras (35MM and digital) Projectors including hand-helds Reel-to-reel Radios Remote controls Electric typewriters Cable boxes Computer keyboards, mice, adapters, chargers and cords Toasters, microwaves, mixers, blenders, coffee-makers, irons Hair dryers, curling irons, vacuum cleaners TELEVISIONS ($0.39 - $0.79/LB) TV’s - charged a fee depending on type: CRT (cathode ray tube) “Tube TVs” ($0.39/lb) Flat screens, plasma, HDTV, heavy console systems, projection TVs ($0.79/lb) Miscellaneous Services Agreement – E-Waste Recycling Services Page 11 of 17 DocuSign Envelope ID: 49CC7A41-DA91-4266-97B0-780B82607CBD Official Purchasing Document Last updated 10/2017 UNIVERSAL WASTE ($0.69/LB) Batteries: alkali (AA, AAA, C, D, 9V & 12V), acid-filled, lithium (all kinds), sealed lead acid (car, truck, UPS, Lawn mower), nickel-metal halide, re-chargeable nickel-cadmium (NiCad), wet and dry/sealed, Bulbs/Lamps: 4’, 8’ fluorescent straight tubes, CFL circular and U-tubes, compact fluorescent lamps, HID, Incandescent, intact and broken bulbs/lamps, halogens Mercury-containing devices: batteries, and lamps, smoke detectors, thermostats PCBs: (poly-chlorinated biphenyl) lamp ballasts NON-SEGREGATED ELECTRONIC ITEMS ($0.20/LB) Single-Stream Recycling: Non-Segregated Electronic Items except TVs (separate pricing) ITEMS WE DO NOT ACCEPT Paint-related products: paint cans, aerosol paint cans Freon-containing appliances: refrigerators, mini-fridges, freezers, AC units, dehumidifiers, water coolers LET US SERVE YOU! Free Pick-up for donations 500lbs or more All items charged for receive Certificate of Recycling All free items receive a Tax Deductible Receipt Schedule Your Pick-Up: minimum 3 days advance (please give as much notice as possible) Call for pick-up: Steve Dirling (303) 650-7700 X260 Call for free quote: Diane White (303) 650-7798 direct or (720) 955-9213 mobile How are we doing? Del Morgan, Area Manager GoodElectronics and eCommerce (303) 650-7780 Miscellaneous Services Agreement – E-Waste Recycling Services Page 12 of 17 DocuSign Envelope ID: 49CC7A41-DA91-4266-97B0-780B82607CBD 7502 W. 80th Avenue, Suite 225, Arvada, Colorado 80003 | 303-456-6010 | FAX 303-456-6681 | www.orion4value.com To authenticate this certificate, please visit: www.orion4value.com/about-orion/registered-companies/ June 1, 2017 Certificate of Certification This is to certify the Environmental Management System of: Goodwill Industries of Denver, Good Electronics Division Has been assessed by Orion Registrar and found to be in compliance with the following Environmental Management Standard: ISO 14001:2004 Receipt, Functionality Testing, Secure Data Destruction, and Manual Tear-Down of Used and End-of-Life Computer Equipment and Related Components and Materials for Reuse, Refurbishment, Resale and Recycling. May 27, 2017 to September 15, 2018 Client ID: 2143 Certificate ID: 1009086 This certification is subject to the company maintaining its system to the required standard, and applicable exceptions, which will be monitored by Orion. The Environmental Management System is applicable to: 6850 Federal Blvd. Denver, CO 80221 USA The Certification period is from EXHIBIT A APPENDIX B - Current Certifications Miscellaneous Services Agreement – E-Waste Recycling Services Page 13 of 17 DocuSign Envelope ID: 49CC7A41-DA91-4266-97B0-780B82607CBD 7502 W. 80th Avenue, Suite 225, Arvada, Colorado 80003 | 303-456-6010 | FAX 303-456-6681 | www.orion4value.com To authenticate this certificate, please visit: www.orion4value.com/about-orion/registered-companies/ June 1, 2017 Certificate of Certification This is to certify the Occupational Health and Safety Management System of: Goodwill Industries of Denver, Good Electronics Division Has been assessed by Orion Registrar and found to be in compliance with the following Occupational Health and Safety Standard: OHSAS 18001:2007 Receipt, Functionality Testing, Secure Data Destruction, and Manual Tear-Down of Used and End-of-Life Computer Equipment and Related Components and Materials for Reuse, Refurbishment, Resale and Recycling. May 27, 2017 to June 1, 2020 Client ID: 2143 Certificate ID: 1009087 This certification is subject to the company maintaining its system to the required standard, and applicable exceptions, which will be monitored by Orion. The Occupational Health and Safety Management System is applicable to: 6850 Federal Blvd. Denver, CO 80221 USA The Certification period is from Miscellaneous Services Agreement – E-Waste Recycling Services Page 14 of 17 DocuSign Envelope ID: 49CC7A41-DA91-4266-97B0-780B82607CBD 7502 W. 80th Avenue, Suite 225, Arvada, Colorado 80003 | 303-456-6010 | FAX 303-456-6681 | www.orion4value.com To authenticate this certificate, please visit: www.orion4value.com/about-orion/registered-companies/ June 1, 2017 Certificate of Certification This is to certify the Responsible Recycling System of: Goodwill Industries of Denver, Good Electronics Division Has been audited by a certification body that is in conformance with ISO/IEC 17021 requirements and applicable ANAB requirements. The organization is found to be in conformance with all requirements R2:2013 Receipt, Functionality Testing, Secure Data Destruction, and Manual Tear-Down of Used and End-of-Life Computer Equipment and Related Components and Materials for Reuse, Refurbishment, Resale and Recycling. May 27, 2017 to June 1, 2020 1009088 As applied by the R2 Code of Practices including No Allowance was applied as defined in the Section VII. Client ID: 2143 Certificate ID: This certification is subject to the company maintaining its system to the required standard, and applicable exceptions, which will be monitored by Orion. The Responsible Recycling System is applicable to: 6850 Federal Blvd. Denver, CO 80221 USA The Certification period is from Miscellaneous Services Agreement – E-Waste Recycling Services Page 15 of 17 DocuSign Envelope ID: 49CC7A41-DA91-4266-97B0-780B82607CBD Official Purchasing Document Last updated 10/2017 EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Miscellaneous Services Agreement – E-Waste Recycling Services Page 16 of 17 DocuSign Envelope ID: 49CC7A41-DA91-4266-97B0-780B82607CBD Official Purchasing Document Last updated 10/2017 EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Miscellaneous Services Agreement – E-Waste Recycling Services Page 17 of 17 DocuSign Envelope ID: 49CC7A41-DA91-4266-97B0-780B82607CBD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ PROPERTY DAMAGE $ BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER (MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY) POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $ $ OCCUR CLAIMS-MADE DED RETENTION $ PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $ EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY A 1,000,000 PHPK1873458 Nathan Mulhauser X SEA-003351131-07 1,000,000 10,000,000 X 41190 10,000,000 of Marsh USA Inc. Attn: DENVER.CERTREQUEST@MARSH.COM FAX: (212) 948-4381 N 09/01/2018 X 2 09/01/2019 09/01/2019 PHPK1873458 B 3,000,000 1,000,000 X Pinnacol Assurance 1,000,000 X X 09/06/2018 09/01/2018 Certificate Holder is additional insured as respects to auto liability and general liability, where required by written contract. The following Contract Term shall be: 9-1-18 through 8-31-19. X Ft. Collins, CO 80522 City of Fort Collins 10,000 A CN101410245-STND-GAWU-18-19 20,000 09/01/2019 1,000,000 PHUB645237 3,000,000 18058 1,000,000 1,000,000 4133992 1225 17TH STREET, SUITE 1300 MARSH USA INC. X DENVER, CO 80202-5534 6850 NORTH FEDERAL BOULEVARD GOODWILL INDUSTRIES OF DENVER DENVER, CO 80221 X X 09/01/2018 PO Box 580 09/01/2018 A 09/01/2019 Philadelphia Indemnity Insurance Company DocuSign Envelope ID: 49CC7A41-DA91-4266-97B0-780B82607CBD