City of Lompoc€¦ · What is meant by “Non-CRT containing CEW’s ... in accordance with SB20 (the Electronic ... The successful contractor shall be an Approved Recycler

RFP No 2691 ADDENDUM NO. 1

Electronic Waste Recycling THE DATE TODAY IS: Wednesday, February 20, 2013

Please note the following changes, additions and/or deletions to this procurement named above. Page 2 Section 1.3 E-Waste Collection Volumes

What is meant by “Non-CRT containing CEW’s”? “Non-CRT containing CEWs” are electronic devices that are not Cathode Ray Tubes, but are part of California’s Electronic Waste Payment System, in accordance with SB20 (the Electronic Waste Recycling Act of 2003.) “CEWs” are Covered Electronic Wastes. Examples include, flat panel TVs and laptop computers.

40 Tons of “Other E-Waste” - Is it possible to get a sample load or pictures (or schedule

a viewing) of this material? “Other E-Waste” includes all electronic devices that are not CEWs. Examples include VCRS, DVD players, audio equipment, cell phones, printers, fax machines, computers, etc. The computer equipment is in the condition it was left by the general public. Example photos of the current waste stream follow. Page 5

Section 3.0.5 Information Required of Bidder Page Disregard this page This Addendum must be acknowledged and returned by the final day to accept proposals. Addendum May Be Faxed to (805) 735-7628. Thank you,

Ray Ambler Purchasing and Materials Manager

City of Lompoc

Photo of “Other E‐Waste”: Pallet of microwaves, etc.

Photo of “Other E‐Waste”: Box of printers, computer peripherals, etc.

Electronic Waste Recycling, RFP No. 2691: Addendum Photos 2‐20‐13

Page 1 of 3

Photo of “Other E‐Waste”: Box of computer peripherals, fans, etc.

Photo of “Other E‐Waste”: Box of computer peripherals, and other electronic devices.


Page 2 of 3

Photo of palletized CRT containing devices.

Photo of palletized CPUs.


Page 3 of 3

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RFP No 2691 ADDENDUM NO. 1

Electronic Waste Recycling THE DATE TODAY IS: Wednesday, February 20, 2013

Bidder’s Acknowledgment: I/We the undersigned bidder hereby acknowledge this Addendum

(Please type or print) COMPANY NAME SIGNATURE OF AUTHORIZED REPRESENTATIVE ADDRESS AUTHORIZED REPRESENTATIVE (PLEASE PRINT) CITY, STATE AND ZIP TITLE PHONE NUMBER E-MAIL ADDRESS FAX NUMBER WEB PAGE ADDRESS _____________________________________________ DATE G:\PURCH02\BID, RFP, RFQ Templates\Bid & RFP Addendum.dot

RFP XXXX Electronic Waste Recycling

Page 1 of 2

Qty Pounds

14

1,967 140,020

67 1,886

12,620

75,586

Qty COSTS UNIT(S) Extension Comments

Materials, Equipment & Supplies

-$

-$

-$

-$

-$

Other: -$

Collection/Transportation

-$

-$

Other: -$

-$

De-manufacturing/Processing Costs

-$

-$

CPUs: -$

Other: -$

Miscellaneous Costs

Other: -$

-$

Cost Matrix

This excel spread sheet is available for download. Extend your itemization of all costs based on the following e-waste volumes.

Labor/Handling:

CRTs/CEWs:

Shrink wrap:

Pallets:

Shipments:

Proposer Name: "ABC Recycling"

*Trailer(s):

*Roll-off(s):

*Boxes:

Ewaste Pickups/year:

CRTs (Monitors/Televisions):

Non CRT-Containing CEWs:

CPUs:

Other E-waste:

Item

* Specify sizes/volumes of trailers, roll-offs, boxes, etc.


RFP XXXX Electronic Waste Recycling

Page 2 of 2

Qty **COSTS UNIT(S) Extension Comments

SB20 Recycling Payments/Credits

140,020 pound -$

1,886 pound -$

12,620 pound -$

75,586 pound -$

pound -$

-$

Item

CRTs:


CPUs:

Other E-waste:

Other Credits/Discounts:

Total of all expected annual charges/revenues

**Payments/Credits should be expressed as a negative number

CITY OF LOMPOC, PURCHASING DIVISION 1300 W. Laurel Ave., Lompoc, CA 93436, Phone: 805-875-8000, Fax: 805-735-7628

Request for Proposal RFP No 2691

Electronic Waste Recycling February 8, 2013

Notice is hereby given that sealed proposals will be received per the attached specifications, at the office of the Purchasing and Materials Manager, 1300 West Laurel Avenue, Lompoc, California, until 2:00 p.m. on February 27, 2013. Proposals will not be publicly opened and read. If further information is needed, contact Ray Ambler at (805) 875-8003. Please immediately complete the Proposer Contact Information Sheet and fax to 805-735-7628 to be added to the list to receive all clarifications and addendums. From the original issue date through the contracting period, the only authorized City contact will be the Purchasing Officer or the Purchasing staff contact listed below. Interested bidders or their representatives are not allowed to communicate with other City staff regarding this solicitation. If any bidder is found to be in violation of this provision, the City reserves the right to reject their proposal. Late bid/proposal will be returned to the bidder/proposer unopened. The receiving time in the Purchasing Office will be the governing time for acceptability of bid/proposals. All bid/proposals must bear original signatures and figures. Ray Ambler Purchasing & Materials Manager

City of Lompoc

RFP No. 2691 Electronic Waste Recycling Page 2

1.0 BACKGROUND INFORMATION

1.1 Statement of Purpose

The City of Lompoc is an Approved Collector (# 101468) in California’s Covered Electronic Waste (CEW) Recovery and Recycling Payment System, and is requesting proposals from qualified firms (Offerors) that can provide electronic waste (e-waste) recycling services. The successful contractor shall be an Approved Recycler and provide for the removal, de-manufacturing and recycling of e-waste that is collected at the City of Lompoc Sanitary Landfill. 1.2 Service Location The City of Lompoc is located in Santa Barbara County, approximately 50 miles north-west of Santa Barbara, and 60 miles south of San Luis Obispo. From Highway 101, Lompoc can be reached via Highway 246 or Highway 1. The City owns and operates the Lompoc Sanitary Landfill (Landfill) and the Lompoc Household Hazardous Waste Collection Facility. These facilities are public drop-off sites for electronic waste (e-waste) and serve approximately 70,000 residents living in the Lompoc Valley. However, the Landfill, located at the South terminus of Avalon Street, is the sole pickup location for the successful Offeror. 1.3 E-Waste Collection Volumes Lompoc collects approximately 12 tons of e-waste (CRTs, computers, printers, audio equipment, cell phones, DVD players, small appliances, etc.) each month, and ships a full 53-foot trailer every three to four weeks. In FY 2011/2012, the City collected the following types and quantities of e-waste: 70 tons of CRTs, 1 ton of “Non-CRT Containing CEWs”, 6 tons of CPUs, and 40 tons of “Other E-waste”. 1.4 Shipping Containers and Methods City staff will provide all labor associated with the public drop-off, collection, and shipment preparation of e-waste at the Lompoc Landfill. Currently, City staff palletizes (and shrink-wraps) CRTS and CPUs, and places other types of e-waste into large cardboard boxes. All pallets and boxes are then loaded into a 53-foot trailer. When the trailer is full, the City’s current vendor replaces it with an empty trailer. 1.5 Price/Cost Proposal Offeror shall complete the attached Cost Matrix and include all associated costs to perform the services described herein. 1.6 Payments to City Successful Offeror shall make payments to the following address: Solid Waste Superintendent City of Lompoc Solid Waste Division 1300 W. Laurel Avenue Lompoc, CA 93436

RFP No. 2691 Electronic Waste Recycling Page 3 2.0 SCOPE OF WORK

2.1 City Responsibilities

City of Lompoc agrees:

a) To provide a collection area at the Lompoc Landfill where the public can drop-off e-waste, and where City staff can prepare the wastes for shipping.

b) To grant Contractor the right to operate in said premises, as described above.

c) The City of Lompoc's Solid Waste Superintendent, or his/her designee, will identify and schedule removal of all materials.

d) To give Contractor title to all goods, weighed and leaving the premises.

2.2 Contractor Responsibilities

Contractor agrees:

a) Contractor shall provide all labor, equipment, supplies and transportation necessary to perform the services specified in the Statement of Purpose (Section 1.1).

b) Contractor shall provide trailers with the necessary amount of pallets, boxes and shrink wrap in order for City staff to package e-waste for shipping.

c) Contractor shall receive and process e-waste for recycling without limitation as to amount, weight, or periodic variances in quantity generated. The exact quantity, quality, mix or percentage of electronic waste to be delivered under the contract cannot be guaranteed.

d) Contractor shall provide Transfer Receipts within five working days of the shipment date.

e) Contractor shall provide SB20/50 Recycling Payment within 30 days of the shipment date.

f) Contractor shall provide an invoice/statement for all services performed as well as a detailed summary of each load collected. Each summary report shall clearly correspond with a single shipment from the Lompoc Landfill.

g) Contractor shall provide documentation of the electronic waste end-of-life such as a Certificate of Treatment/Disposal/Recycling corresponding to each shipment.

h) Contractor shall provide all necessary documents to assist the City in preparation of state mandated reports (e.g., Form 303, Net Cost Report).

i) Operations shall conform to regular business hours of the Landfill, which are: Monday through Friday, 7:30 a.m. to 4:00 p.m., and weekends, 10:00 a.m. to 3:45 p.m. The Contractor will not be allowed access to the Landfill except during these hours. In addition, the Landfill is also closed on the following major holidays: New Years Day, Martin Luther King Jr. Day, Presidents Day, Easter, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas.

j) Contractor shall not impair or hinder the public drop-off of goods during recycling activities.

k) Contractor shall be solely responsible for conducting this operation in compliance with Santa Barbara


County’s Environmental Health Division, DTSC, CalRecycle, OSHA and EPA. Any violation issued to the Landfill for the operation of the Contractor shall be in direct violation of this contract.

l) Contractor shall possess all licenses or certifications by the State of California, or local agencies, necessary for said service.

m) Contractor shall be capable of performing all services pursuant to this RFP.

n) Contractor shall be an Approved Collector/Recycler and participate in the Covered Electronic Waste Recovery and Recycling Payment System provided by California’s Electronic Waste Recycling Act of 2003.

o) Contractor shall provide the City with a list of facilities where commodities (e.g., metals, plastics) from the de-manufacturing process are ultimately sent for recycling.

p) Contractor shall equip and maintain all vehicles and equipment used under the contract in accordance with all applicable State of California Vehicle Codes as well as the County and City requirements contained in this proposal (e.g., insurance, qualified drivers, etc.)

q) Contractor shall ensure that all drivers are qualified and competent employees of his/her company and are proficient in the use of all trucks and related equipment including, but not limited to, the procedures necessary to perform service in a safe manner.

r) In the event that the Contractor is unable to accept e-waste for any reason (equipment failure, permit problems, etc.) the Contractor will divert e-waste to an alternate location arranged by the Contractor and approved by the City. Contractor shall pay for all transportation costs and fees charged at this alternate facility.

s) In the event that the Contractor is unable, for any reason, to transport e-waste, the Contractor will arrange for alternative transportation and pay for all costs charged by the alternate transporter.

t) Contractor shall provide for service within two (2) calendar days after notification from the City.

u) The City reserves the right to conduct a site visit of the successful Offeror’s e-waste recycling facility.

3.0 PROPOSAL FORMAT Prepare your proposal and submit three copies in the following format to facilitate evaluation. Each numbered section should be separated from the next by a tabbed divider.

1. Cover Letter and Introduction – Must include the name, address, and telephone number of the company, and be signed by the person or persons authorized to represent the firm. Provide a description of the company’s resources and experience in the area(s) related to this RFP.

2. Recycling Methods – Provide a detailed description of the proposed operations and recycling methods to meet the RFP’s Scope of Work.

3. Price Proposal – All costs and payments shall be listed in the attached Cost Matrix MS Excel.

4. Supplemental Questionnaire – (See attached.)

5. Information Required of Bidder Page – (See attached.)


6. Completed Deviation Sheet – (See attached.)

7. Proposer Information Page – (See attached.)

8. Bidder References – (See attached. Preferably, the three references should be local governments.)

9. Example Contract – (See attached.)

4.0 SELECTION CRITERIA The vendor will be selected on the basis of the following criteria:

Price proposal comparison based on factors affecting the best financial interest of the City. Complete the attached Cost Matrix. (40%):

Materials, equipment and supplies Collection/Transportation De-manufacturing/Processing CEW and Non-CEW Recycling Payments Payment Discounts Other Costs/Payments

Suitability of the service to meet the needs of the City (30%): Compliance with all applicable regulatory agencies including Santa Barbara County

Environmental Health, DTSC, CalRecycle, OSHA, EPA and DOT Waste management/recycling best practices Detailed summary of shipped materials Documentation of the materials end-of-life Compliance with insurance requirements Efficiency of services offered (e.g., shipments, documentation, payments) Other relevant information

Vendor Experience and Qualification (20%): Vendor qualifications, experience and professional capabilities References from current clients. (Vendor should have a local base of business, preferably from

local government agencies.)

Compliance with the RFP requirements (10%): Completeness of Proposal, Supplemental Questionnaire, Cost Matrix, References, etc. Extent to which proposal addresses items in Scope of Services Compliance with terms and conditions in Request for Proposal

4.1 Discussions With Offerors

The City’s Purchasing Department has the option to initiate discussions with Offerors for the purpose of clarifying aspects of proposals; however, proposals may be accepted and evaluated without such discussion. Discussions shall not be initiated by the Offerors. 4.2 Contract Execution


The City anticipates execution of a contract within 90-days of RFP opening. Upon completion of the RFP process, if you are the selected VENDOR, you will be expected to enter into a binding Contract with the DEPARTMENT. The Contract for Services (Contract) will follow the format and include the contractual terms as specified in the attached Sample Contract for Services.


SUPPLEMENTAL QUESTIONAIRRE

This supplemental questionnaire has been composed in order to best determine the suitability of your company’s pricing, services and qualifications. To adequately evaluate your proposal, please answer each question below.

Collection and Transportation 1) Please describe in detail your proposed methods of collection and transportation to service the City

of Lompoc’s e-waste program. This description shall include, but is not limited to the following questions.

2) Are there certain types of electronics and small appliances that you do not accept?

3) What are your requirements for the City to prepare e-waste for shipment? Does your company

provide trailers or roll-offs? Will all the necessary materials and equipment be provided to prepare each shipment (i.e., pallets, yard boxes, pallet jack)?

4) What is the time frame between the day when we request a shipment and the day when your truck actually arrives?

5) What size trucks/trailers do you have? Do you own your trucks or do you contract with a firm that provides the trucks/trailers? Approximately how many pallets can the different sized trucks hold?

Collection Costs and Recycling Payments

6) Please complete the attached Cost Matrix.

7) As an Approved Collector, the City of Lompoc is entitled to receive at least $.16/lb for Covered Electronic Wastes (CEWs) that are collected (pursuant to the Electronic Waste Recycling Act). What Recycling Payment Rate (cost/pound) will you offer the City of Lompoc for its CEWs?

8) From the date of shipment, how long will it take for the City to receive its Recycling Payment for CEWs?

Documentation, Tracking and Disposal Summaries

9) Please describe your tracking system of incoming shipments.

10) What type of information/documentation will be sent to the City in order to summarize each e-waste shipment received from the Lompoc Landfill (waste volumes, costs, credits, etc.)? Please describe this in detail or attach a sample summary report?

11) What type of forms do you use to document the recycling or resale of electronic equipment (e.g. receiving report, destruction/recycling certificates)?

RFP No. 2691 Electronic Waste Recycling Page 8 De-manufacturing/recycling

12) Do you have a crusher for CRTs or do you manually dismantle the CRTs? If you use a CRT crusher, do

you own and use your CRT crusher or do you transport the CRTs to another firm that has a crusher? Where exactly does CRT glass or cullet go for final processing?

13) Describe the process and/or equipment that is used to de-manufacture/recycle non-CRTs.

14) Please describe your worker safety program and the types of safety equipment that your workers are provided.

15) What types of materials are recycled from the CRTs and the non-CRTs that are dismantled or shredded? Where do the de-manufactured materials go for reuse or recycling? Please be specific.

16) Do you test, repair, and upgrade some of the electronic equipment (CRTs and non-CRTs) for reuse or is all of the equipment recycled? If so, what types, and what percentage, of electronic equipment are repaired or upgraded for resale or reuse? What happens to the electronic equipment that is repaired or upgraded for resale, and what countries does the equipment go to?

17) In selling the de-manufactured materials to downstream vendors to be recycled, what documentation can you provide that these firms actually recycle the material? Please provide a list of the vendors by commodity, including the name and address of each firm with the name and telephone number of a contact person? (particularly important for CRT cullet, circuit boards, mercury, PCBs, etc.)

18) What happens to the hard drives in computers? Are they destroyed or wiped clean and resold?

19) How many pounds of electronics are processed on a monthly basis (CRTs versus non-CRTs)? Please provide documentation on the resale activities and scrap shipments for a previous month.

Environmental, Health & Safety Compliance

20) Please describe your compliance with federal, state and local agencies (i.e., DOT, DTSC, EPA, OSHA).

Please attach copies of applicable licenses, certificates, permits, etc.

21) What documentation can you provide that none of the electronic equipment that you collect is disposed in a landfill or shipped overseas to a developing country such as China, India, or Pakistan?

Other

22) When was your firm established?

23) Describe your experience with servicing local government Approved Collectors.


List any Deviations (Complete and return )

Bidder Name:

You must check ( ) Deviations itemized below ( ) No Deviations

Page Line No.

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

__________________________________________


Attachment B City of Lompoc, Bidder References

List and describe fully the last three contracts performed by your firm which demonstrate your ability to provide the supplies, equipment, or services included with the scope of the bid specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

Reference No. 1

Customer Name: Contact Individual: Phone No: Address:

Contract Amount: Year: Description of Supplies, Equipment, or Services Provided:

Reference No. 2 Customer Name: Contact Individual: Phone No: Address:


Reference No. 3

Customer Name: Contact Individual: Phone No: Address:



PROPOSAL SIGNATURE FORM (Complete & return)

Responding to a Request for Proposal the undersigned proposer agrees to provide professional services in accordance with the specifications. All information submitted by proposer, including signatures, must be original. Copies will not be accepted. The representations herein are made under penalty of perjury. We hereby certify that: - That this proposal was not made in the interest of or on behalf of any undisclosed person, partnership, association or corporation. - That this proposal is genuine and not collusion or sham; and that we did not, directly or indirectly, induce or solicit anyone else to submit a false or sham proposal. - That we have not, directly or indirectly, by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Lompoc, or any other proposer or anyone else interested in the proposed contract; and further, - Did not, in any manner, directly or indirectly, seek by agreements, communications, or conference with anyone to raise or fix any overhead, profit, or cost element of this proposal price, or that of anyone else. We hereby offer to sell the City of Lompoc the above material and/or service at the prices shown and under the terms and conditions printed hereon or attached or referenced.

(Please type or print) COMPANY NAME SIGNATURE OF AUTHORIZED REPRESENTATIVE ADDRESS NAME AND TITLE (PLEASE PRINT) CITY, STATE AND ZIP CODE E - MAIL ADDRESS PHONE NUMBER WEB PAGE FAX NUMBER DATE


Questions regarding this solicitation must be directed in writing to the Procurement Officer or the designee. City of Lompoc Ray Ambler, Purchasing & Materials Manager 1300 West Laurel Avenue Lompoc, CA 93436 Only information communicated by the Procurement Officer or his/her designee shall be the official position of the Department. 1. The Issuing Office must receive proposals by 2:00 p.m. on the date indicated above. Copies

are to be submitted in sealed envelopes in accordance with. The project number and due date must appear on the outside of the submission envelope. It is recommended that proposals be hand delivered.

2. Vendors responding to this solicitation must meet all mandatory requirements contained herein. 3. An award is final only upon approval by the appropriate office of the City of Lompoc and

execution on behalf of the City. State. 4. The Department reserves the right to amend this solicitation at any time prior to the proposal

due date. If it does become necessary to amend any part of this solicitation, the Procurement Officer will furnish an addendum to all registered proposers.

5. The Department reserves the right to accept or reject all proposals, in whole or in part, and to

waive or permit cure of minor irregularities. 6. Proposals should be prepared simply and economically, providing a straight forward, concise

description of the Offerors ability to fulfill the requirements of this solicitation. The Department is not responsible for any expenses incurred by Offerors in preparing and submitting proposals in response to this solicitation.

7. All proposals shall be typewritten or written legibly in ink and all proposals shall be signed in ink

as specified. 8. Should you find discrepancies in the specifications or contract provisions included in this

solicitation, or should there be doubt as to the meaning or intent of any section or subsection herein, you should request clarification from the Procurement Officer in writing. Failure to request a clarification prior to the due date will be a waiver of any claim by the vendor for expenses made necessary by reason of later interpretation of the contract documents; Offerors will be bound to the Department's interpretation.

9. All prices must be firm for 90 days from the date of the proposal opening & be inclusive. Upon

award, prices will be in effect for the term of the contract.

10. All proposals submitted by Seller to Proposer should be submitted upon the attached proposer's form, completed and signed, (only typewritten or ink shall be accepted with no erasures or corrections unless properly authenticated by signature) in accordance with the instructions contained herein.


11. The issuance of this proposal request creates no obligation on the part of the City.

12. Each proposer shall be in a separate sealed envelope with the proposal number, name of

proposer, title of the proposal, date and time due showing on the outside of the envelope. 13. Prompt payment discounts of 20 days or longer will only be considered when comparing

proposals, however, if you offer any prompt payment discounts, please indicate this on your proposal.

14. Awards will be made to realize the greatest savings to the City and may not necessarily be the

lowest proposal especially where services are of the utmost importance. 15. Submission of a signed proposal will be interpreted to mean that the proposer has thereby

agreed to all conditions, instructions, descriptions and specifications contained herein. 16. The only terms that will be honored are those terms included in general and special conditions

and instructions, purchase order or other documents issued by the City. 17. All time limits stated are of the essence and must be complied with. Any proposals received

after closing time stipulated will be returned unopened. 18. LAWS GOVERNING CONTRACT: The contract shall be in accordance with the laws of the State

of California and the County of Santa Barbara, California is the only appropriate forum for any litigation. In the event a suit or action is instituted arising out of any contract, the prevailing party shall be entitled to receive, in addition to its cost, such sum as the court may adjudge reasonable as to attorney's fees and costs.

19. ENTIRE AGREEMENT: Any Agreement resulting from this RFP will consist of the following

documents, in order of precedence, and shall be the entire agreement between parties: A) Purchase Order B) CITY’s Request for Proposals C) Attachment A D) CONTRACTOR’s Proposal

22. Time of Bid Submission: Bids or Proposals shall be submitted so as to be received in the office

designated in the invitation for bids not later than the exact time set for opening of bids. Lompoc City Code Section 2603.E. reads "Bid Opening. No bid shall be considered which has not been received at the place, and at or prior to the time, stated in the invitation for bids." The official time clock for this bid will be the U. S. Naval Observatory (USNO):

http://www.time.gov/widget.html Solicitations opening at 2:00 P.M. PST will be considered late at 14:00:01 PST and will not be accepted or considered. The Purchasing and Materials Manager Agent or his representative designated as the bid opening official shall decide when the time set for bid opening has arrived, and so shall declare to those present. She (or he) shall then personally and publicly open all bids received prior to that time, and when practicable shall read them aloud.

http://www.time.gov/widget.html


Example Contract 2691 for Electronic Waste Recycling Services

This Contract, entered into this _____ day of, ______ 2013 by and between the City of Lompoc, State of California (hereinafter referred to as "CITY", and _______ (hereinafter referred to as CONTRACTOR), WITNESSETH: WHEREAS, the CITY owns and/or operates the City Landfill; and WHEREAS, the CITY has a need for special services and assistance in the area of “Electronic Waste Recycling Services”; and WHEREAS, CONTRACTOR is qualified to perform such special services for CITY; NOW, THEREFORE, the parties hereto do hereby mutually covenant and agree as follows: 1. Scope of Work Contractor shall be required to perform metal recycling services in accordance with the requirements and specifications listed in RFP 2691 at the prices listed in Contractors proposal which is attached hereto. 2. Entire Agreement This agreement will consist of the following documents, in order of precedence, and which shall be the entire agreement between parties:

a. City’s Request for Proposals 2691 b. Contractor’s Proposal

3. Term This Agreement shall be for a period of three (3) years. This agreement shall be subject to renewal by mutual consent for two (2) additional one-year periods. 4. Payment to the City/Contractor Payment will be made on a ________________ basis in arrears pursuant to the terms outlined in the Scope of Work. 7. Termination of Contract for Convenience The CITY may terminate this Contract for the CITY'S convenience at any time by giving CONTRACTOR thirty days written notice thereof. 7. Changes in Scope of Work The parties hereto may modify the terms of this Contract by mutual written consent. 8. Taxes Contractor shall pay all Federal, State, and local taxes which are or may become due on the equipment inventory, or sales covered by this Agreement.


9. Venue The contract shall be in accordance with the laws of the State of California and the County of Santa Barbara, California is the only appropriate forum for any litigation. In the event a suit or action is instituted arising out of any contract, the prevailing party shall be entitled to receive, in addition to its cost, such sum as the court may adjudge reasonable as to attorney's fees and costs. 10. Partnership This agreement does not evidence a partnership or joint venture, and the Company shall have the responsibility for the operations of the equipment which are the subject of this Agreement. 11. Contractor Inspection The Company agrees that it has inspected the premises where services will be performed and accepts the premises in their present condition, with all defects latent or patent.

12. Nondiscrimination There shall be no discrimination against any person employed pursuant to this Contract in any manner forbidden by law. 13. Assignment or Transfer of Contract CONTRACTOR shall not assign, transfer, or sublet this Contract or any interest therein without the prior written consent of the CITY. 14. Insurance Requirements CONTRACTOR shall maintain in full force and in effect all of the insurance coverage described in, and in accordance with, Attachment A, "Insurance Requirements", which is attached hereto and hereby incorporated and made part of this Agreement by this reference. Maintenance of the insurance coverage as set forth in Attachment One is a material element of this Agreement and a material part of the consideration provided by CONTRACTOR in exchange for the CITY's agreement to make the payments prescribed hereunder. Failure by CONTRACTOR to (i) maintain or renew coverage, (ii) provide the CITY notice of any changes, modifications, or reductions in coverage, or (iii) provide evidence of renewal, may be treated by the CITY as a material breach of this Agreement by CONTRACTOR, whereas the CITY shall be entitled to all rights and remedies at law or in equity, including but not limited to immediate termination of this Agreement. Notwithstanding the foregoing, any failure by CONTRACTOR to maintain required insurance coverage shall not excuse or alleviate CONTRACTOR from any of its other duties or obligations under this Agreement. In the event CONTRACTOR, with approval of the CITY pursuant to Section 10 above, retains or utilizes any subcontractors or sub-consultants in the provision of any services to the CITY under this Agreement, CONTRACTOR shall assure that any such subcontractor has first obtained, and shall maintain, all of the insurance coverage requirements set forth in the Insurance Requirements at Attachment A. 15. Hold Harmless CONTRACTOR shall indemnify, defend and hold CITY, its officers and employees harmless from all costs, expenses, losses and liabilities and judgments arising out of or caused by the acts or omissions of CONTRACTOR, its officers, agent or employees, in the performance of this Contract. 16. Attorney Fees In the event of any litigation to enforce, or construe the terms of this


Contract, the prevailing party herein shall be entitled to recover reasonable attorney fees and costs. 17. Contractor Inspection CITY reserves the right to inspect the work being done by CONTRACTOR at any time. 18. Risk Company shall undertake the sole risk, without liability on the part of the City, of injury, loss, or destruction to or of said machines(s) from fire, flood, or from any cause whatsoever. 19. Time is of the Essence It is understood and agreed that time is of the essence of this Contract. 20. Section Headings The section headings appearing herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of this Contract. 21. Inconsistency In the event any provision of this Contract and the documents incorporated herein by reference are deemed to be in conflict, the provision in this Contract shall prevail. 22. Interpretation The terms and conditions of this Contract shall be construed pursuant to their plain and ordinary meaning and shall not be interpreted against the maker by virtue of that party having drafted the Contract. 23. Notices Any notices required pursuant to this Contract shall be served at the following addresses CITY: City of Lompoc Attn. Purchasing & Materials Manager 100 Civic Center Plaza P.O. Box 8001 Lompoc, CA 93438-8001

CONTRACTOR:

24. Understanding of the Parties. This Contract represents the complete understanding between the parties with resects to the matters set forth herein. No amendment or modification of the Contract shall be valid unless evidenced in writing and executed by the parties thereto. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Contract on the day and year first hereinabove set forth.


CITY OF LOMPOC CONTRACTOR Name Name Title Title Date ___________________________ Date ___________________________

CITY OF LOMPOC, PURCHASING DIVISION 1300 W. Laurel Ave., Lompoc, CA 93436, Phone: 805-875-8000, Fax: 805-735-7628

“Registered Proposer Information Sheet”

Please immediately complete and fax this page to (805) 735-7628 to be added to the list to receive all clarifications and addendums. Company Name Signature of Authorized Representative Name of Proposer Name & Title (please print) Street Address E-Mail Address ___________________________________________________City, State, Zip Code Telephone Number Date Facsimile Number Web Page Address

City of Lompoc

Documents

City of Lompoc€¦ · What is meant by “Non-CRT containing CEW’s ... in accordance with SB20 (the Electronic ... The successful contractor shall be an Approved Recycler