CM-12-11-253Item Caption:
0114,12-11-2 5
3 RECEIVED
NOV 2 82012
City Manager Approval Form
Consider executing a Letter of Understanding between the City and The Rechargeable Battery Recycling
Corporation dba CaII2Recycle.
Approval Date: November 30, 2012
Department Name: Utilities and Environmental Services Department
Project Manager: Tracy Herring
Assigned Attorney:
Steve Sheets
Item Summary:
The City has worked with The Rechargeable Battery Recycling Corporation (also known as CaII2Recycle) since 2004, which
supports thousands of businesses, communities, and retailers in offering battery and cell phone drop-off locations. Now, under
the GreenVantage Program, CaII2Recycle will pay the City $0.40 per pound for properly sorted and packaged rechargeable
batteries. As soon as the City has allocated 500 pounds, the City will call the CaII2Recycle's preferred carrier for shipment.
CaII2Recycle pays for the shipping to the consolidation facility and for the recycling costs. There are no fees associated with this
Letter of Understanding (Agreement) with CaII2Recycle for transportation and recycling of rechargeable batteries collected at the
Deepwood Recycling Center.
No. of Originals Submitted: 2
Project Name:
Cost:
Source of Funds:
Green Vantage Program Agreement
0
Select Source Fund
Source of Funds (if applicable): Select Source Fund
Account Number: NA
Finance Director Approval: Cheryl Delaney
Date: 11/28/12
Department Director Approval: Michael Thane Date: 11/26/2012
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP r--] ❑ Budget
N/A OK
N/A OK
Purchasing l l ❑ Accounting
El El
N/A OK N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
1
CanrBcyde'
November 12 2012
Recharging the planet. Recycling your batteries.
GreenVantage Program
The Rechargeable Battery Recycling Corporation (d.b.a. Call2Recycle.)
And City of Round Rock Texas
City of Round Rock Texas is a municipality and CaIl2Recycle is operated by the non-profit Rechargeable Battery Recycling
Corporation (RBRC). RBRC and City of Round Rock Texas hereby agree to:
1. Scope of the Program: CaII2Recycle supports thousands of businesses, communities, and retailers in offering battery
and cell phone drop-off locations. Once City of Round Rock Texas has registered, collection can begin immediately. As
soon as a 500+ pound shipment is reached, shipment is ready to go using CaII2Recycle's preferred carrier.
CaIl2Recyde pays shipping to the consolidation facility and for the recycling costs. Call2Recyclee's dedicated team is
available to help answer any questions regarding labeling, documentation, regulations or anything else concerning bulk
shipping.
At this time, rechargeable batteries and cell phones collected through the Call2Recyclee program in the USA are first
sent to the INMETCO consolidation and recycling facility in Ellwood City, Pennsylvania for sorting and processing of
certain battery chemistries. The materials are separated by type and recycled at various processing locations in North
America. RBRC may employ other sorting and/or processing facilities in the future as appropriate and at its sole
discretion.
CeII phones are recycled or refurbished and resold when possible, currently through Market Velocity. A portion of the
proceeds received from the resale of phones benefits select charities. The rechargeable batteries from the collected
cell phones are recycled in North America, and none of the reclaimed materials from the recycling process of
rechargeable batteries and cell phones is sent to landfills (domestic or abroad).
Call2Recycle is the first program of its kind to receive the Responsible Recycling Practices Standard (R2) certification
for the management of the collection and distribution of batteries and cell phones to downstream processors for
recycling. Also, CaII2Recycle is qualified as an e -Steward by the Basel Action Network (BAN) which acknowledges the
proper disposal of batteries and cell phones.
2. Collection Cost Offset: The Call2Recycle program will be provided at no cost to City of Round Rock Texas. Accepted
materials in the CaIl2Recycle program Include rechargeable batteries (Nickel Cadmium, Nickel Metal Hydride, Lithium Ion,
Nickel Tine, and Small Sealed Lead Acid) each weighing 11 lbs. or less, as well as cell phones (and their batteries) —
regardless of size, make, model or age. Call2Recycle agrees to offset collection costs for City of Round Rock Texas at a rate
of $800/ton for its handling of rechargeable batteries when they are bulk shipped to Call2Recyde in accordance with its
bulk shipment guidelines in 500 pound or greater loads. This subsidy is intended to cover costs associated with the proper
handling and preparation of batteries for shipment including any costs for bulk containers. Call2Recyde will reimburse City
of Round Rock Texas on a quarterly basis based on collection totals.
3. Federal/State compliance: The CaIl2Recycle program allows entities seeking to meet the rechargeable battery
requirements of state law the Mercury -Containing and Rechargeable Battery Management Act, 42 U.S.0 14301-14336
("Battery Act") to do so, CaII2Recycle 's contracted recycling fadlities have contractually committed to comply with all
applicable environmental and occupational health regulations and Call2Recycle' periodically audits this compliance.
4. Reporting: CaII2Recycle shall furnish City of Round Rock Texas with detailed collection reports on a quarterly basis that
clearly identifies: 1) Each City of Round Rock Texas site (Building/location) at which used batteries and cell phones are
collected; 2) Types of battery chemistries collected; and 3) Weights of batteries collected.
1000 Parkwood Circle Suite r0 Atlanta, GA 303:11 T. 678.419.9990 F. 678.419.9986 www.call2recycle.org
cal<-2)recyder
Recharging the planet. Recycling your batteries. MINIM
5. Certificates of Recycling: Call2Recycle offers certificates of recycling on a request -only basis for received collection
containers for recyding. Certificates of recycling may be generated by Call2Recycle only when the material has been
received at the consolidation facility and entered into the recycling system.
6. Insurance Coverage and Policy: RBRC maintains applicable Commerdal General Liability insurance coverage (a "CGL
Poli') with limits of $1,000,000.00 per occurrence, $2,000,000.00 aggregate. RBRC's CGL Policy covers bodily injury
and property damage, as defined in the policy and subject to certain exdusions that are typical of such policies. RBRC's
policy does not exclude coverage for "insured contracts," which are defined by the policy to include contracts under
which RBRC assumes the tort liability of another party to pay for "bodily injury" or "property damage" to a third person
or organization. RBRC also maintains a separate pollution coverage policy with limits of $5,000,000 per occurrence,
$7,000,000 aggregate, and an Umbrella Policy with limits of $4,000,000 per occurrence, $4,000,000 aggregate.
RBRC agrees to maintain a CGL Policy and pollution coverage policy with no less than the limits set forth above as long
as it supplies to City of Round Rock Texas used battery collection materials (induding, but not limited to, boxes and
protective plastic bags). Upon written request from City of Round Rock Texas, RBRC will provide a copy of RBRC's
insurance policies. All contractors who provide services to RBRC and the Call2Recyde program are required to carry
insurance coverages comparable to those maintained by RBRC.
7. Liability/Indemnification: RBRC agrees to release, indemnify and hold harmless City of Round Rock Texas, its
employees and directors, from and against any and all claims, damages or liability for bodily injury or property damage,
induding reasonable attorney fees and necessary litigation expenses of City of Round Rock Texas, which arise as a
result of the services, or use of any goods, items or articles provided by RBRC to City of Round Rock Texas and are not
the result of negligence on the part of City of Round Rock Texas, its employees or its directors, up to the maximum
amounts available to RBRC under its insurance coverages. The City of Round Rock Texas is responsible for preparing
shipments in compliance with USDOT regulations. The definitions and limitations governing the RBRC policy shall
govem the interpretation of this agreement.
8. Term of Agreement/Confidentiality: City of Round Rock Texas or RBRC reserves the right to terminate this agreement or
any specific terms of this agreement at any time with at least 30 days advance written notice. Such termination may be
effected by giving in-person notice at City of Round Rock Texas, or by written notice to RBRC via email or at the address
and to the person identified at the beginning of this agreement. This agreement and all of its terms will self -renew on an
annual basis unless terminated as provided above. Both parties recognize that terms of this agreement are proprietary
and confidential, including pricing structure.
9. Agency and Authority: Nothing in this Agreement makes RBRC an agent of City of Round Rock Texas or City of Round
Rock Texas an agent of RBRC. By signing below, each signatory represents that he or she is authorized to bind the party on
behalf of which he or she is signing.
Accepted and Agreed:
ponnv Rolader
Name
VP. Account Management
Title
/iJ/'1 iz
Date
of Round Rock Texas by:
Signature
S4eAlt, Worwodd
Name
Title
/2A X//
Date
1000 Parkwood Circle Sj;te 200 Atlanta, GA 30339 T. 678.419.9990 F. 678.419.9986 www.call2recycle.org