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HomeMy WebLinkAboutContract 31852 CITY SECRETARY,, CONTRACT NO. 6�5� AGREEMENT FOR PILOT PARTNERSHIP FOR RECYCLING AND RE-USE OF COMPUTER EQUIPEMENT This Agreement is made by and between, THE CITY OF FORT WORTH (the "CITY"), a Texas home rule municipality located in Tarrant County, Texas, and GOODWILL INDUSTRIES OF FORT WORTH ("GOODWILL"), a Texas non-profit corporation located in Tarrant County, Texas. The CITY and GOODWILL are collectively called the "Parties". The Parties agree to enter into a pilot partnership ("Pilot Partnership") for recycling and re-use or, as appropriate, disposal of certain electronic waste equipment ("E-Waste'') from CITY's citizens for the purpose of providing an effective, affordable and environmentally sound process for disposition of such items for all areas within the city limits of the CITY. The Pilot Partnership is a public-nonprofit partnership designed to leverage the experience of the Parties to enhance the likelihood that E-Waste items will in fact be recycled, reused or, as appropriate, disposed of in an environmentally sound manner. 1. TERM The Pilot Partnership will begin on the date the last party has fully executed this Agreement and shall be effective for one (1) year after the signature of this Agreement. The Parties shall have the right to extend this Agreement for up to two (2) consecutive one-year extensions, provided CITY and GOODWILL agree to extend this Agreement in writing at least thirty (30) days prior to the end of the initial term or the then current renewal term. All renewals shall have the same terms and conditions as set forth herein, unless agreed to otherwise in writing by both parties in an amendment to this Agreement. Any modification to this Agreement must be made in writing and signed by the authorized representative from each party. 2. TERMINATION It is the Parties intention to meet and discuss the Pilot Partnership if any one party bears an undue or unanticipated economic or other consequence as a result of the Pilot Partnership. This Agreement may be terminated with or without cause upon thirty (30) days written notice to the non-terminating party. 3. GOODWILL'S SCOPE OF SERVICES GOODWILL shall perform the following: A. Prepare collection and environmental recycling / reuse guidelines to meet all applicable local, state or federal laws, regulations or requirement N R Goodwill Pilot Partnership n CRP 05.05.050 P relating to the recycling and disposal of E-Waste items it collects and furnish such to all other Parties (and modify such guidelines from time to time as appropriate). B. Provide the CITY with GOODWILL's recycling/ environmental guidelines and terms and conditions used with its recyclers. Goodwill will be responsible for ensuring that its operations will comply with all laws applicable to E- Waste reuse, recycling and/or disposal. C. Provide drop off collection sites within the CITY for residents to drop off E- Waste items. D. Provide enclosed containers for use at CITY designated collection points as requested by the CITY. E. Dispatch vehicles to collect E-Waste items from drop off points as necessary. F. Collect E-Waste and leave appropriate documentation at pick up location. G. Transport E-Waste to GOODWILL site. H. Document any accidents and other unanticipated incidents or circumstances and report as necessary to insurer and/or other appropriate parties. 1. Assess and sort/distribute collected E-Waste items for (1) useable parts, (2) items to be refurbished, (3) items to be recycled and (4) other appropriate disposition. J. Ensure its operations comply with its collection and environmental/ recycling guidelines: meet all applicable local, state or federal laws, regulations or requirements of any kind relating to the recycling and disposal of E-Waste it collects. This includes ensuring that all E-Waste that is not recovered, refurbished, repaired or recycled will be properly disposed of. Such disposal will, at a minimum, be in compliance with and will not result in liability under any environmental laws relating to the disposal of material. Specifically, GOODWILL will be responsible for identification, removal, disposal and reporting of any and all resulting hazardous material or condition, including Lithium and Cadmium containing Cathode Ray Tubes containing embedded Lead, and any other hazardous ingredients described in the Resource Conservation and Recovery Act (RCRA) as described in the Code of Federal Regulations (CFR) 40, and all other applicable national, state and local regulations. K. Provide for reasonable security for all E-Waste that contain data, and conduct (or provide for) data destruction on all E-Waste at appropriates gel. a on collected E-Waste shall be erased by (1) Data destruction ul nrlplirea � � Goodwill Pilot Partnership CRP 05.05.050 page 2 of H utility tools, i.e., f-disk, partition deletion, and reformatting for retained or refurbished systems or; (2) Data erasing via degaussing (passing it through a strong magnet), or; (3) any other equivalent process mutually agreed to in writing by GOODWILL and the CITY. For E-Waste not retained, GOODWILL will assure that the media containing data will be destroyed, or otherwise rendered inoperable by Goodwill or the subcontractor handling this product. GOODWILL will retain records of data destruction reflecting GOODWILL'S compliance with this section L. GOODWILL will collaborate and participate with the CITY in helping to educate the public regarding data destruction methods, tools, and software that they could access and perform themselves to assure more complete destruction of personal or sensitive data. M. Maintain and provide the following records and documentation on a monthly basis and no later that fifteen (15) days following the end of the prior month: • Monthly report of quantity in tons of E-Waste retrieved; • Monthly item count report (no unique identifying identification number required at this time); and • Any additional information as appropriate or as requested by the CITY. N. GOODWILL hereby grants the CITY for the term if this Agreement the non- exclusive, non-transferable right and license to use and publish the "GOODWILL" trademark in conjunction with marketing the Pilot Partnership. The CITY may only use the "GOODWILL" trademark in the form, formats and manner approved in writing by GOODWILL. The CITY shall provide GOODWILL, for its prior written approval, copies of aII advertising and marketing materials, as well as all press releases, regarding the Pilot Partnership that include the "GOODWILL" trademark or otherwise reference GOODWILL. The CITY may not use advertising or marketing materials or issue press releases that include the "GOODWILL" trademark or otherwise reference GOODWILL, or append any trade name or logo without the prior written approval of GOODWILL, which may be withheld in GOODWILL's sole discretion. 4. CITY'S SCOPE OF SERVICES The CITY shall perform the following: A. Take customer calls regarding E-WASTE drop off through its customer service call center. B. Utilize its operational Drop off Stations as E-Waste drop off points. ,� rJ'0�iD'f' �, s ��—. ?,5 1C n Goodwill Pilot Partnership 1•. Jl� LG� CRP 05.05.05v3 P C. Promote the E-Waste pilot program through its public education process to include identifying both the CITY's and GOODWILL's drop off points. D. Refer citizens to the Pilot Partnership website for collection and recycling/reuse guidelines, designated drop off locations and other information about the Pilot Partnership program. The CITY will also inform citizens about their obligation to remove data from hard drives or other storage media before computer items are taken to the drop off points. E. Identify related customer service requirements for Fort Worth residents/customers. F. Take and manage customer calls into its call center, and when appropriate the CITY will refer the calls to the designated GOODWILL representative or office. 5. ACCEPTABLE E-WASTE As used in the Agreement, items that may be taken by a Fort Worth resident into a GOODWILL drop off center or City designated drop off station as "E-Waste" shall mean: A. Computer related items such as — CPU (to include laptop computers), monitor, keyboard, mouse, associated peripherals that can be attached to a computer to include cables, printers, scanners, routers and network hubs, computer software, and uninterrupted power supplies for computer units commonly known as UPS. B. Other E-Waste items such as — Cell phones, personal digital assistants (PDA's), video games/consoles (handheld portables included), Ipods, Walkmans and other similar audio devices, digital cameras, stereos, electronic toys, microwaves, calculators, VCR's and DVD players. 6. OWNERSHIP OF COLLECTED E-WASTE It is the intention and agreement of the Parties that, upon taking physical possession of an E-Waste item, GOODWILL shall become the owner of such item. Notwithstanding any provision herein to the contrary, GOODWILL shall have the right, at GOODWILL's sole discretion, to accept, reject or return any E-Waste item. In publicizing the Pilot Partnership and in all citizen contact relating to E-Waste, the CITY and GOODWILL will clearly disclose to the citizen and all other pertinent parties that, upon GOODWILL's taking possession of an E-Waste item or any other pro r ; ownership of such item transfers to GOODWILL. At no time, shall the CITY own control E-Waste. Goodwill Pilot Partnership CRP 05.05.05v3 Page} of' 12 Notwithstanding the provisions of the preceding paragraph, if GOODWILL receives actual notice from a citizen (or other third party) that GOODWILL has taken possession of an E-Waste item or other property that was not intended by the citizen to be delivered to GOODWILL and (1) as of the time that GOODWILL received the notice, the item has not been wholly or partially disassembled or processed, and (2) after reasonable effort, the item is located and identified with absolute certainty and (3) the citizen or third party produces such written or other evidence so as to clearly identify such party as the owner (and entitled to possession) of the item, then the item will be relinquished to such party in "AS IS" condition and under such other terms and conditions as GOODWILL may reasonably require. 7. PUBLIC RELATIONS Each party shall respond quickly to reasonable criticisms, if any, of their practices from the media, stakeholder/ activist groups and/or other organizations or individuals. Each party shall develop and share with the other Parties its plan for addressing any adverse public perception of environmental or other issues regarding the Party's practices. The Party's plan should include appropriate media tracking and monitoring. Each Party shall designate a public relations point of contact for the other Parties. 8. RECEIPTS GOODWILL shall have the right to retain all revenues and receipts generated from the recycling and reuse materials sales. 9. CONFIDENTIALITY In order to provide the services under this Agreement, each Party may be privileged to confidential information "Confidential Information"). Each Party acknowledges and agrees that the other party shall not make any unauthorized use, disclosure, dissemination, or other release of the Confidential Information. Each receiving Party (including their employees, subcontractors, agents, or representatives) agrees that they will maintain the Confidential Information in strict confidence and shall not disclose, disseminate copy, divulge, recreate, or otherwise use the Confidential Information in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law. Each receiving Party agrees to use protective measures to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. Goodwill Pilot Partnership CRP 05.05.05v3 Page 5 of 12 10. REVIEW OF PILOT PARTNERSHIP Once a quarter, the Parties shall conduct a functional review of the Pilot Partnership. The Parties will share recommendations that result from such functional review. Such provision of recommendations shall not diminish or otherwise alter any Party's obligations under this Agreement. 11. INDEPENDENT CONTRACTOR It is expressly understood and agreed that GOODWILL shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of the CITY; that GOODWILL shall have exclusive control of and the exclusive right to control the details of the services and work performed hereunder, and all persons performing the same; and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors; that the doctrine of respondent superior shall not apply as between CITY and GOODWILL, its officers, agents, employees, contractors and subcontractors; and that nothing herein shall be construed as creating a partnership or joint enterprise between CITY and GOODWILL. No person performing any of the work and services described hereunder shall be considered an officer, agent, servant or employee of the CITY. 12. NO JOINT VENTURE, PARTNERSHIP, AGENCY This Agreement will not be construed in any form or manner to establish a partnership, joint venture or agency, express or implied, nor any employer-employee, borrowed servant or joint enterprise relationship by and among the Parties. GOODWILL shall be an independent contractor and shall be responsible at all times for directing its employees in the course of their duties. CITY shall be responsible at all times for directing CITY's employees in the course of their duties. 13. INDEMNIFICATION A. GOODWILL SHALL RELEASE, INDEMNIFY, REIMBURSE, AND HOLD HARMLESS, CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY GOODWILL, ITS OFFICERS, AG ; EMPLOYEES CONTRACTORS SUBCONTRACTORS LICENSE S > > > �� } Goodwill Pilot Partnership ✓l.11ll CRP 05.05.050 Page 6 0 INVITEES, INCLUDING DAMAGES, LOSS, INJURY OR DEATH, TO THE EXTENT CAUSED BY ANY ERROR, OMISSION, DEFECT, OR DEFICIENCY OF GOODWILL IN ACCORDANCE WITH THIS AGREEMENT EXCEPT TO THE EXTENT ANY SUCH DAMAGES, LOSS, INJURY OR DEATH IS CAUSED BY ANY NEGLIGENT ERROR, OMISSION, DEFECT OR DEFICIENCY OF CITY. B. GOODWILL DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTION WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS AGREEMENT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE NEGLIGENCE OF GOODWILL, ITS OFFICERS, AGENTS, OR EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT NEGLIGENCE OF GOODWILL, ITS AGENTS, OR EMPLOYEES, OR SUBCONTRACTORS, AND ANY OTHER PERSON OR ENTITY, EXCLUDING ALL PARTIES INDEMNIFIED HEREUNDER, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT OR OMISSION OF GOODWILL. C. Upon learning of a claim, lawsuit, or other liability which GOODWILL is required hereunder to indemnify, the CITY shall provide GOODWILL with reasonably timely notice of same. D. The obligations of GOODWILL under this section shall survive the expiration of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. E. In all of its contracts with subcontractors for the performance of any work under this Agreement, GOODWILL shall require the subcontractors to indemnify the CITY in a manner consistent with this section. 14. INSURANCE During the term of this agreement, GOODWILL shall maintain the following insurance coverage and thereof shall cover all risks associated with this use agreement: A. Commercial General Liability Insurance $1,000,000.00 per occurrence $2,000,000.00 aggregate. Goodwill Pilot Partnership CRP 05.05.05v3 Page 7 of 12 B. Automobile Liability Insurance: $1,000,000.00 each accident on combined single limit basis, or $250,000.00 property damage $500,000.00 bodily injury per person per occurrence $2,000,000.00 aggregate. Coverage shall be on "any auto", including leased, hired, owned, non- owned and borrowed vehicles. C. Workers' Compensation Insurance i. Statutory limits for Workers' Compensation; and ii. Employer's Liability $100,000.00 each accident/occurrence $100,000.00 disease-per each employee $500,000.00 Bodily injury/Disease-policy limit. D. All policies shall contain the following endorsements: a. The City of Fort Worth, its Officers and Employees shall be named as an additional insured on all policies in respect to the environmental sampling and the operations under this agreement except for workers' compensation insurance; b. City shall be notified a minimum of thirty (30) days prior to the cancellation or non-renewal of, or material changes to said policies, and c. All policies shall be endorsed with waivers of subrogation in favor of City. E. The insurers for all policies must be licensed or approved to do business in the State of Texas and have a minimum rating of ANII in the current A.M. Best Key rating Guide or have reasonably equivalent of financial strength and solvency to the satisfaction of Risk Manager for the City of Fort Worth. F. Programs of self-insurance in lieu of commercial insurance policies shall be approved by Risk Manager and, as applicable, pre-approved by the Texas Department of Insurance. Goodwill Pilot Partnership CRP 05.05.05v3 Page 8 of 12 G. The deductibles or self insured retention (SIR) affecting the insurance coverage required shall be acceptable to the Risk Manager of the City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk relations groups must also be approved. H. GOODWILL shall provide City with certificates of insurance documenting GOODWILL's and GOODWILL's contractor's coverage as outlined above prior to commencing any operations under this Agreement. Certificates shall be submitted to the Director of Environmental Management. I. Failure on part of City to request documentation of insurance required herein shall not be construed as a waiver of the requirement for same. The City may revise insurance requirements specified herein, at its sole discretion, to protect its interest, giving ample prior notice to GOODWILL. 15. RIGHT TO AUDIT Until the expiration of three (3) years after the term of this Agreement, the City shall have access to and the right to examine any pertinent books, documents, papers and records of GOODWILL involving transactions relating to this Agreement. GOODWILL further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to papers and records of such subcontractor involving transactions relating to the subcontract. The term "subcontract" as used herein includes purchase orders. 16. NOTICES All notices required or permitted hereunder will be in writing and given by (a) personal delivery to the addresses, (b) certified mail, return receipt requested, postage prepaid in a properly addressed envelope, (c) facsimile (fax) transmission, subject to conditions in this paragraph or (d) commercial delivery service. Notices will be deemed to be given and received as of the earlier of(a) actual receipt or (b) the 3rd day after the date of deposit with the U.S Postal Service. Fax transmission is a permitted form of notice hereunder only if the (a) the Party to whom the fax is addresses has designated a fax number below and (b) the sending Party has a fax generated verification of the date and time of transmission and the fax number to which the notice was transmitted. Notice shall be given to: If to CITY: Kim Mote, Assistant Director of Environmental Manage Solid Waste Division � 1� �=:1 �:�'vl��' 1000 Throckmorton ������ ',i ?¢ L�'Fv V 7: L S: Goodwill Pilot Partnership p CRP 05.05.050 Page Fort Worth, TX 76102 817.392.5153 817.392.5170 (fax) If to GOODWILL: Joe Owings, Director of Research & Building Maintenance Goodwill Industries of Fort Worth, Inc. 4005 Campus Drive P.O. Box 15520 Fort Worth, TX 76119 Office: 817 332-7866 Ext.218 Fax: 817 335-4610 E-mail.jowings@goodwillfw.org 17. DISPUTE RESOLUTION All Claims and controversies arising out of or relating to this Agreement shall be referred for resolution immediately by each Party to the person ("Representative") designated by their Vice President, President, Chief Executive Officers or City Manager ("officer"). If the Representatives are unable to resolve the dispute within fifteen (15) days after it is referred to them, then the Parties may then proceed with other available options. 18. GOVERNMENTAL POWERS AND IMMUNITIES It is understood and agreed that, by execution of this Agreement, the CITY does not waive or surrender any of its governmental powers or immunities. GOODWILL acknowledges that the CITY is a Governmental Body and as such has certain rights, powers and duties that may affect GOODWILL's rights or obligations under the Agreement. GOODWILL agrees that no action by the CITY acting in its governmental capacity shall be construed as a breach by the CITY under this Agreement, nor shall any such action excuse GOODWILL from performance of its obligations under this Agreement. 19. COMPLIANCE WITH LAWS GOODWILL, its officers, agents, employees, contractors and subcontractors, shall abide by and comply with all applicable law, federal, state and local, including the CITY's charter and all ordinances, rules and regulations of the CITY and shall maintain all permits and approvals required for the services to be provided to CITY. It is agreed and understood that, if CITY calls the attention of GOODWILL to any such violations on the part of GOODWILL, its officers, agents, employees, contractors or subcontiao,�N then GOODWILL shall immediately desist from and correct such violation. � Goodwill Pilot Partnership CRP 05.05.050 Page 1 of I 20. LICENSES, PERMITS AND FEES GOODWILL agrees to obtain and pay for and maintain all licenses, permits, certificates, inspections and all other fees required by law or otherwise necessary to perform the services prescribed hereunder. 21. VENUE Should any action, whether real or asserted, at law or in equity, arise out of the terms and conditions of this Agreement, venue for said action shall be in Tarrant County, Texas. 22. SAVINGS CLAUSE In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement; this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 23. CUMULATIVE REMEDIES The rights and remedies granted in this Agreement are cumulative, and the exercise of such rights shall be without prejudice to the enforcement of any other right or remedy authorized by law or this Agreement. No waiver of any violation shall be deemed or construed by a court of law or an arbitrator to constitute a waiver of any other violation or other breach of any of the terms, provisions, and covenants contained herein. 24. CONTRACT CONSTRUCTION The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 25. PARAGRAPH HEADINGS Goodwill Pilot Partnership CRP 05.05.050 Page 1 1 of 12 The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 26. AUTHORIZATION The undersigned officers and/or agents of the Parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each party hereby certifies to the other that any necessary actions extending such authority have been duly passed and are now in full force and effect. 27. ENTIRETY This Agreement constitutes the entire agreement by the Parties hereunder, and any prior or contemporaneous oral or written agreements shall be void. CITY OF FORT WORTH, TEXAS GOODWILL INDUSTRIES OF ` FORT WORTH , 2n BY: Libby Watson Assistant City Manager ITS: Date Signed: (t% ' Date Signed: _S 'ers ATTEST: WITNESS: City Secretary APPROVED AS TO FORM CORPORATE SEAL: AND LEGALITY: 0 Contract !Ault orization lAkk -( �1111 � Assistant Oty Attorney Date OR , E� NYARY Goodwill Pilot Partnership CRP 05.05.050 Page 12 of 12 .: .. .. 5 ; DATE(MMDDYY) i . ...<..... . ?: : � <' . 04/29/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION L T BARYON INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1200 SUMMIT AVE, #202 COMPANIES AFFORDING COVERAGE FORT WORTH, TX 76102 COMPANY A PHILADELPHIA INSURANCE _ INSURED COMPANY GOODWILL INDUSTRIES OF FT B WORTH * COMPANY PO BOX 15520 C FT WORTH TX 76119 COMPANY D C ........................................:. ................................................................................................................................... THIS IS t0 CERTIFY THAT THE:.:. .:: F.::::.................................................................................................................................................................................................... ... ..........................................................................................................................................................................................................::. POLICIES O 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. T TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY PHP K 10 5 2 4 1 1/01/05 1/01/06 GENERAL 4GGR GATE s3, 000, 000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG s3, 000, 000 CLAIMS MADE F_X]OCCUR PERSONAL&ADV INJURY $1, 000, 000 OWNER'S&CONTRACTOR'S PROT I EACH OCCURRENCE $1, 000, 000 FIRE DAMAGE(Any one fire) $ 300, 000 MED EXP(Any one person) $ 10, 000 AUTOMOBILE LIABILITY PHPK 10 5 2 41 1/01/05 1/01/06 1, 000, 000 X ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS [BODILY INJ;RY $ X NON-OWNED AUTOS dent PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: I(— EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY PHUB 3 9 8 9 7 01 '01/05 01/01/06 EACH OCCURRENCE $5, 000, 000 X UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND TWO LIMITS ER EMPLOYERS'LIABILITY I EL EACH AC^IDENT R_ THE PRGP 9IETOR' INCL EL DISEASE-POLICY LIMIT i PARTNERS/EXECUTIVE OFFICERS ARE: EXCL I, EL DISEASE-EA EMPLOYEE 1$ OTHER i DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECIAL ITEMS CITY OF FT WORTH, ITS OFFICERS AND EMPLOYEES ARE SHOWN AS ADDITIONAL INSURED WITH WAIVER OF SUBROGATION. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF FT WORTH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN: KIM MOTE 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 4100 COLUMBUS TR.AZL BUT FAILURE T L SUCH NO CE SMPOSE OBLIGATION OR LIABILITY FORT WORTH, TEXAS 76133 OF ANY KIND UPON PANY, G EPRESENTATIVES. 1��AUTHO RE ATIVE Tucker, CPCU, CIC, C LM B € ..... . ........ ......... 00"PoFtA'�it .X988.. NAME INSURED.- GOODWILL NSURED:GOODWILL INDUSTRIES OF FT WORTH (A CORP) GOODWILL INDUSTRIES OF FT WORTH FOUNDATION, INC. GOODWILL INDUSTRIAL SERVICES OF FORT WORTH, INC. 2 ... . .r . DATE(MM/DD(YY) :>:;:;:.:::.....:...... ........... < ... r ; : _ 04/29/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION L T BARTON INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1200 SUMMIT AVE, #202 COMPANIES AFFORDING COVERAGE FORT WORTH, TX 76102 COMPANY A MT HAWLEY INSURANCE COMPANY INSURED COMPANY GOODWILL INDUSTRIES OF FT B WORTH * COMPANY PO BOX 15520 C FT WORTH TX 76119 COMPANY D .....:.... ...............:.:. ............................................................:....................................................................:.........................................................................:.:..:.:::.:::........................... 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE(MM/DD(YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY I PRODUCTS-COMP/OP AGG $ CLAIMS MADE F—]OCCUR PERSONAL&ADV INJURY $ OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED EXP(Any one person) $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND TW LIMITS IMI7S ER EMPLOYERS'LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR.' INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: FIEXCL EL DISEASE-EA EMPLOYEE $ OTHER PEI0001570 07/01/04 07/01/05 LI / DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS **EXCESS INDEMNITY COVERAGE MEI LIMITS $2, 000, 000 ANY ONE EMPLOYEE $5, 000, 000 ANY ONE OC _.. IE'ff lLA1'>» >lii!#. IE~�#: < < > '.' ; >: : :... < i i l �:: ' : : :<>: > : .....::::......>::::�>�:>j:»< :s 4 S>� :lry 1 SHOULD ANY OF THE ABOVE DESCRIBED POLI IES NC TH CITY OF FT WORTH EXPIRATION DATE THEREOF, THE ISSUING C PA �WjlyplA' 7 M ATTN: KIM MOTE 10 DAYS WRITTEN NOTICE TO THE CERTIFl TE HOLDER NAMED TO THE LEFT, 4100 COLUMBUS TRAIL BUT FAILURAIL SUCH NOTICESIA14WIMPOSE OBLIGATION OR LIABILITY FORT WORTH, TEXAS 76133 OF ANY K THE OMPAN ITS G O REPRESENTATIVES. AUTHORIZED RE RES Bart Tucker, CPCU, CIC, C LM B NAME INSURED: GOODWILL INDUSTRIES OF FT WORTH (A CORP) GOODWILL INDUSTRIES OF FT WORTH FOUNDATION, INC. GOODWILL INDUSTRIAL SERVICES OF FORT WORTH, INC. ,:: • :E ? DATE(MM/DD/YY) [ �a .......... : .,:.:>:::::>::.>< :.::.: l FA �? .. 04/29/05 ,.... PRODUCER 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION L T BARYON INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1200 SUMMIT AVE, #202 COMPANIES AFFORDING COVERAGE FORT WORTH, TX 76102 COMPANY A MT HAWLEY INSURANCE COMPANY INSURED COMPANY GOODWILL INDUSTRIES OF FT B WORTH * COMPANY PO BOX 15520 C FT WORTH TX 76119 COMPANY D ;:....::............;. ...::........ 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD(YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ CLAIMS MADE [7 OCCUR PERSONAL&ADV INJURY $ OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED EXP(Any one person) $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS BODILY INJURY Is SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY �$ NON-OWNED AUTOS I(Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WC STATU- H- WORKERS COMPENSATION AND TORY LIMITS I I ER EMPLOYERS'LIABILITY EL EACH ACCIDENT _ $ THE PROPRIETOfL' INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ OTHER IPE00001570 07/01/04 07/01/05 i I I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS **PRIMARY INDEMNITY COVERAGE PEI LIMITS $200, 000 ANY ONE EMPLOYEE $499, 999 ANY ONE OCCURRENCE, $250, 000SIR . ...... t SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF FT WORTH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN: KIM MOTE I-L- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 4100 COLUMBUS TRAIL BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY FORT WORTH, TEXAS 76133 OFANY UPON THE COMDAkv-ITS A NTS OR REPRESENTATIVES. AUTHORIZEDajPRdqNTATIVE Bart �Pcjl Cr LM B }ti 1 13 1>>208: __._.....__... ............ ............................................................................................._.............................._.._........._........................................... t......._...................................................... -si -7v NAME INSURED: GOODWILL INDUSTRIES OF FT WORTH (A CORP) GOODWILL INDUSTRIES OF FT WORTH FOUNDATION, INC. GOODWILL INDUSTRIAL SERVICES OF FORT WORTH, INC. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/8/2005 DATE: Tuesday, March 08, 2005 LOG NAME: 52GOODWILL REFERENCE NO.: C-20564 SUBJECT: Authorize Execution of a Pilot Partnership Agreement with Goodwill Industries of Fort Worth, Inc. for Electronic Waste Collection, Reuse, Recycling and Disposal Services RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement with Goodwill Industries of Fort Worth, Inc. (Goodwill) to provide Electronic Waste (e-waste) services, at no charge, to the Department of Environmental Management for a period of one-year from March 14, 2005 to March 13, 2006 with the option to renew for two additional one-year periods. DISCUSSION: The proposed agreement will allow the Department of Environmental Management to enter into a no cost partnership with Goodwill. The services to be provided by Goodwill include: 1. The staffing of six drop off locations (City and Goodwill facilities) throughout Fort Worth for the collection of household a-waste dropped off by the residents of the City; 2. Supplying enclosed containers to the City for use at the two City Drop off Stations to temporarily store e-waste items dropped off by residents of the City at these locations; and 3. The assessment, sorting and distribution of E-Waste items as (a) useable parts, (b) items to be refurbished, (c) items to be recycled and (d) other appropriate disposition. Reusable a-waste items will be refurbished and offered for sale in Goodwill's Computer Works facility. All e-waste recycled or disposed of will be handled in an environmentally correct and safe manner. This agreement will allow the City to have a year round a-waste collection program at both City and Goodwill facilities. It will also enable many a-waste items to be returned to usable condition and re-sold back into the community. FISCAL INFORMATIONXERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head. Brian Boerner (6647) Additional Information_Contact: Kim Mote (5153) Logname: 52GOODWILL Page 1 of 1