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CM-05-08-159Request for City Council/City Manager Action City Council Ej City Manager EC'D A UU G 2 5 2005 Submit completed form for ail City Manager and. City Council approval Department Name: wiww Utility Contact Person: Latha Kumar/Laura Flores Project Manager/Resource: Tracy Herring Project Coordinator: Tom Clark Assigned Attorney: n/a Council or City Manager Agenda Date: 8/26/2005 Blue Sheet Wording Project Name: N/A For Administration Use ONLY Tag # e " C LSI Documents Received: Return to: Return date: CC: Rick Bowden ContractorNendor: N/A Funding Source: N/A Amount: N/A Action authorizing the City Manager to execute a contract with Electronic Recycling and Trading Inc. (ERT) to conduct a one day electronic recycling event. Finance Information Is Funding Required? Yes El No 0 CI Initial Construction Contract Construction Contract Amendment # Change Order # Change in Quantity Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Svcs. A # Purchasing/Service Agreement Purchase Order Item(s) to be purchased: Amount Q Other (Please clearly identify action on lines below) Finance Approval Finance Finance Purchasing EJ Budget Date Date Date Date For Submission to City Manager Only Project Mgr. Signature: Dept. Director Signature: City Attorney Signature*: City Manager Signature: e 1 Ap roval is required for all items requesting City Manager's approval. Date: Date: .4' ` ' 3' 05. Date: Date: Updated 3-9-05 Request for City Council/City Manager Action City Council ° City Manager Submit completed form for all City Manager and City Council appy ©gals. Department Name: wiww Utility Contact Person: Latha Kumar/Laura Flores Project Manager/Resource: Tracy Herring Project Coordinator: Tom Clark Assigned Attorney: n/a Council or City Manager Agenda Date: 8/26/2005 Blue Sheet Wording Project Name: N/A For Administration Use ONLY Tag # Documents Received: Return to: Return date: CC: Rick Bowden ContractorNendor: N/A Funding Source: N/A Amount: N/A Action authorizing the City Manager to execute a contract with Electronic Recycling and Trading Inc. (ERT) to conduct a one day electronic recycling event. Finance Information Is Funding Required? Yes %'--g 0 Initial Construction Contract Construction Contract Amendment # Change Order # Change in Quantity Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Svcs. A # 1JPurchasing/Service Agreement Q Purchase Order Item(s) to be purchased: Finance Approval Finance ElFinance Purchasing Budget Amount Other (Please clearly identify action on lines below) n/a L.Olsen N/A E. Wilson N/A CYD Date Date Date Date 8/24/2005 8/23/2005 8/23/2005 For Submission to City Manager Only Project Mgr. Signature: Dept. Director Signature: City Attorney Signature*: City Manager Signature: Date: Date: Date: Date: * Legal Approval is required for all items requesting City Manager's approval. Updated 3-9-05 DATE: August 22, 2005 SUBJECT: City Manager Approval - August 26, 2005 ITEM: Action authorizing the City Manager to execute a contract with Electronic Recycling and Trading Inc. (ERT) to conduct a one day electronic recycling event. Department: Water/Wastewater Utility Department Staff Person: Tom Clark, Director of Utilities ,justification: This contract provides for the recycling and proper disposal of electronics and electronic components. On October 29, 2005, the City along with Electronic Recycling and Trading, Inc. is conducting a one day Electronic Recycling Event. The Round Rock citizens may recycle devices such as computers, monitors, printers, peripherals, televisions, stereos, DVD/CD players, notebook computers, cell phones and other handheld computer electronics. Funding: Cost: No Disposal/Recycling Costs to City Source of funds: N/A Outside Resources: Electronic Recycling and Trading Inc. Background Information: Electronic waste, or "e -waste", is the fastest growing segment of municipal solid waste. TV's and computer can contain an average of four pounds of lead as well as other hazardous materials. By providing an outlet for electronic devices, hazardous materials are kept out of the environment. Public Comment: N/A CITY OF ROUND ROCK AGREEMENT FOR E -WASTE COLLECTION EVENT This Agreement is by and between the City of Round Rock (hereinafter referred to as City), whose address is 221 East Main Street, Round Rock, Texas 78664, and Electronic Recycling and Trading, Inc. (hereinafter referred to ERT), whose address is 6106 Baldwin Austin, Texas 78724. RECITALS: WHEREAS, City has determined that it has a need to facilitate and promote the holding of a public collection event for obsolete and excess electronics from citizens; and WHEREAS, Electronic Recycling and Trading, Inc. is a business which sets up and holds events for collection from the public of obsolete and excess electronics (such as computers, monitors, printers, peripherals, televisions, stereos, DVD players, CD players, notebook computers, cellular telephones, and other handheld consumer electronics), and then packages and transports the products collected to its own facilities; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the parties as follows: 1. Event Details; Responsibilities of Parties 00089357/jkg The E -Waste Collection event shall be a single -day event held on the 29th day of October, 2005, at a facility or location secured by City. At such event, ERT shall be solely responsible for providing sufficient personnel on site for its collection of products from citizens. City shall have no responsibility whatsoever for such personnel, and ERT hereby waives any claim of any nature against City for such personnel. Products accepted by ERT shall include but not be limited to the following: computers, monitors, printers, peripherals, televisions, stereos, DVD players, CD players, notebook computers, cellular telephones, and other handheld consumer electronics. Home appliances are excluded products and will not be accepted. ERT may charge the following collection fees directly to citizens bringing CRT monitors and televisions, but may not charge collection fees for other accepted £!ni • ©s- oe-.is products: CRT monitors (all sizes) $7.00; televisions (32" and smaller) $10.00; and televisions (34" and larger) $25.00. ERT shall be solely responsible for collection of all monies from citizens bringing products for collection, and City shall have no obligation whatsoever to collect, secure, distribute, pass-through, or pay any monies in connection with the event covered by this Agreement. All such monies collected shall belong solely to ERT. ERT shall be solely responsible for providing packaging and transportation of all products collected at the event to its Austin facilities. ERT shall be provide a complete inventory to City of all materials collected and transported within ten (10) calendar days after the date of the event. City shall provide traffic control for the event, using its assessment as to the type and extent of traffic control necessary. City shall be responsible for providing information to its citizens and the public advertising the event, and ERT shall also be responsible for providing advertising to notify the public of the event. Further, ERT shall assist City with graphics templates for flyers if requested by City. 2. Compensation The parties expressly agree that no compensation or reimbursement of any kind shall be paid by City to ERT in connection with this event. 3, Cancellation of Agreement A. This Agreement may be cancelled, with all obligations extinguished, as follows: 1. By ERT for reasons of its own, with or without cause, and not subject to the mutual consent of any other party, such written cancellation notice to be given to the other party not less than thirty (30) days prior to the date of the event. 2. By City for reasons of its own, with or without cause, and not subject to the mutual consent of any other party, such written cancellation notice to be given to the other party not less than thirty (30) days prior to the date of the event. 3. By mutual agreement and consent of the parties, such consent to be in writing. 2 B. Proper cancellation by any party shall extinguish all rights, duties, and obligations of City and the other party to fulfill contractual obligations. 4. Independent Contractor Status ERT is an independent contractor, and is not City's employee. This Agreement does not create a partnership relationship, employer/employee relationship, joint venture relationship, principal/agent relationship, or any other relationship of similar kind, and no party shall represent itself to third parties as having such relationship. 5. Assignment and Delegation No party may assign any rights or delegate any duties under this Agreement without the other party's express prior written approval. 6. Notices A. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the U.S. mail, postage prepaid, to the recipient's address as stated herein. Notice to City: James R. Nuse, P,E., City Manager City of Round Rock 221 East Main Street • Round Rock, TX 78664 AND TO Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 3 Notice to ERT: Micau Chambless ERT, Inc. 6106 Baldwin Austin, TX 78724 (512) 927-2300 B. Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of City and ERT. 7. Applicable Law: Jurisdiction and Venue This Agreement shall be governed by the laws of the State of Texas, and exclusive jurisdiction and venue shall lie in Williamson County, Texas. The parties expressly understand and agree that there shall be no requirements or provisions for mediation or arbitration prior to seeking redress in the courts of Williamson County, Texas. 8. DicjiLsisigAgrggmt The terms and conditions of this Agreement, including all exhibits, constitute the entire agreement between the parties and supersede all previous communications, representations and agreements, either written or oral, with respect to the subject matter hereof, No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 9. Liability City disclaims responsibility for payment of costs, expenses, charges, claims, losses, liabilities, and damages related to the subject matter of this Agreement, and City may accept responsibility for costs, expenses, charges, claims, losses, liabilities, and damages related to the subject matter of this Agreement only if and when such specific liability is imposed upon City by a finding of negligence in the appropriate court of law, 10. Insurance City warrants that it has adequate general liability insurance relative to potential third party claims arising from performance of the subject matter of this Agreement. It is expressly understood and agreed by and between the parties hereto that City will not provide insurance coverage, including but not limited to health, accident or worker's compensation coverage, for ERT, its agents, employees, volunteers, personnel, or anyone 4 similarly situated, and that City will not provide insurance coverage for any instruments, tool, equipment or vehicles. 1 1 . Force Majeure For purposes of this Agreement, "force majeure" means an act of terror committed within the United States of America that materially impairs business operations; a prolonged and unforeseen strike, riot, or occurrence of civil disobedience that materially impairs business operations; a prolonged and unforeseen shortage of fuel, labor, or material; delay related to or caused by a severe weather event, such as a tornado, a hurricane, or flooding; interruption of utilities; fire or other casualty; or any other act of God beyond City's or ERT's reasonable control, which could not be avoided by the exercise of due care. IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate originals on this the day of the month of , 2005. CITY 01? ROUND ROCK By: Jme R. Nuse, P.E., City Manager ATTEST: By: Christine R. Martinez, City Secretary 5 ELECTRONIC RECYCLING AND TRADING, INC. By: Mic Operations bless, Director of APPRO AS TO FO By: • S eph. L. Sheets, City Attorney