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HomeMy WebLinkAboutBattery Systems Inc AmendKITTITAS COUNTY Board of County Commissioners AGENDA STAFF REPORT AGENDA DATE: 4-5-2016 ACTION REQUESTED: RESOLUTION TO AMEND BATTERY SYSTEMS INC. CONTRACT BACKGROUND: Kittitas County had a contract with Battery Systems Inc. as to which notice of intent to terminate the contract or enter negotiate a price change was provided on February 22 nd 2016. It was agreed that fair market price was $0.23 down from $0.30 the previous year. INTERACTION: The Prosecutors office has reviewed and accepted proposed changes to agreement RECOMMENDATION: Approve the RESOLUTION TO AMEND BATTERY SYSTEMS INC. CONTRACT HANDLING: Original-Clerk of the Board Copy -Solid Waste Copy -Prosecutor ATTACHMENTS: Resolution Battery Systems03162016.pdf LEAD STAFF: Clinton Van de Venter -Household & Hazardous Waste Supervisor BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION TO AMEND BATTERY SYSTEMS INC. CONTRACT WHEREAS: Kittitas County Solid Waste Department has responsibility for Maintaining a recycling program within Kittitas County; and WHEREAS: Kittitas County has a contract with Battery Systems Inc. as to which notice of intent to terminate the contract or enter negotiate a price change was provided on February 22 nd 2016, and WHEREAS: The market value of the materials subject to the contract has substantially decreased; and WHEREAS: This contract may be amended by the written agreement of the parties; and WHEREAS: Battery Systems Inc. and Kittitas County Solid Waste have agreed to renew this contract until March 3, 2017, pursuant to Article XVII of the original Agreement; and WHEREAS: The parties have also agreed to change the price term of the contract as shown in the Amendment document, NOW, THEREFORE, BE IT RESOLVED: That the Kittitas County Board of County Commissioners accepts and approves of the proposed amendment. .-I DATED THIS 51hday of~2016 APPROVED AS TO FORM: Douglas R. Mitchell, WSBA # 22877 (Deputy) Prosecuting Attorney Gar,' Bemdt -Commissioner AMENDMENT TO THE AGREEMENT FOR THE REMOVAL AND RECYCLING OF LEAD BATTERIES FORM THE KITTITAS COUNTY TRANSFER STATION This Agreement effective as of March 3, 2016, is made by and between Kittitas County (hereinafter "the County") and Battery Systems Incorporated, a Washington corporation ("Contractor"). The County and Contractor agree as follows: That the Agreement for the Removal and Recycling of Lead Batteries from the Kittitas County Transfer Station ("Agreement") previously entered between the parties for the period ending March 3, 2016 is amended pursuant to Article XVII of that Agreement. The purpose of this Amendment is to allow for the continuation of that Agreement for the below described period, and to amend the compensation paid by Contractor to the County set in Attachment "B" to the agreement from $0.30 per pound to $0.23 per pound, as requested in the letter of February 22,2016. All terms, conditions, attachments, documents and exhibits as described in the original Agreement are incorporated herein by this reference as fully as if set forth herein . The term of this Agreement shall commence on March 3, 2016, and continue until March 3, 2017, subject to automatic renewal for successive one year terms as provided in Article II of the original Agreement. This Amendment is entered into under the Authority of Kittitas County Board of County Commissioners Resolution # 2016-~ Amendment to Agreement for Removal and Recycling of Lead Batteries from the Kittitas County Transfer Station Page 1 IN WITf ESS WHEREOF, the parties have executed this Agreement this 5"f11 day of Mftl' ,2016. . Printed Name and Title of Above Signatory APPROVED: BOARD OF COUNTY COMMISSIONERS ~ Chairman Commissioner Approved as to Form: By:---4-___ -I-_____ _ D. R. Mitchell, BA # 22877 Deputy Prosecu ·ng Attorney Amendment to Agreement for Removal and Recycling of Lead Batteries from the Kittitas County Transfer Station Page 2 ® I DATE (MM/DDIYYYY) ABRD CERTIFICATE OF LIABILITY INSURANCE 03/22 /2 016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALT ER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer r i ghts to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA INC . NAME: J1JgNJo Extl: I FAX ATTN : RAFFLES 248-945-5600 (A1C No): ONE TOWNE SQUARE , SUITE 1100 E-MAIL ADDRESS: SOUTHFIELD, MI 48076 INSURER(S) AFFORDING COVERAGE NAIC# R00325-00325-RAF-15 /16 INSURER A : Zurich American Insurance Ccmpany 16535 INSURED INSURER B : Travelers Property Casualty Ccmpany of America 25674 BATTERY SYSTEMS INC . 12322 MONARCH ST. INSURER C : Illinois Union Insurance Cc 27960 GARDEN GROVE , CA 92841 -2909 INSURER 0 : American Zurich Insurance Ccmpany 40142 INSURERE : INSURER F : COVERAGES CERTIFICATE NUMBER· CHI -006561417-01 REVISION NUMBER·2 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 SHOWIN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR I (~~hlg~l I (~~~~%~l LTR TYPE OF INSURANCE I INSD IWVD POLICY NUMBER LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000 ,000 A r----=:J CLAIMS-M A DE 0 OCCUR GL03487040-09 04 /01 /2015 D~~!,GE yu_ RENTED 04 /01 /2016 $ 500,000 r---PREMISES (Ea occurrence) MED EXP (Anyone person) $ 10 ,000 r--- PERSON AL & A DV INJUR Y $ 1,000 ,000 r--- GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 R POLICY D m?,: [8] LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER $ AUTOMOBILE LIABILITY fE~~~~~~t~INGLE LIMIT $ 1,000,000 A 7 ANY AUTO BAP3487041-09 04 /01 /2015 04 /01 /2016 BODILY INJURY (Per person) $ r--ALL OWNED - SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ 7 X NON-OWNED rp~?~~C~d~~t~AMAGE $ HIRED AUTOS AUTOS f--- $ X UMBRELLA L1AB M OCCUR EACH OCCURRENCE $ 5,000 ,000 B -04/01 /2015 04/01 /2016 EXCESS L1AB CLAIMS-MADE ZUP-10N70284-15-NF AGGREGATE $ 5,000 ,000 DED I X J RETENTION $ 0 $ WORKERS COMPENSATION X I ~ffTUTE I I OTH- AND EMPLOYERS· LIABILITY ER 0 YIN WC3487039-09 04 /01 /2015 04 /01 /2016 1,000,000 ANY PROPRIETOR /PARTNER/EXECUTIVE ~ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000 ,000 If yes. describe under E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS below $ 1,000,000 C POLLUTION LEGAL LIABILITY PPIG24544370 002 09 /06/2014 09 /06 /2017 POLLUTION (RETENTION $25 ,000) 3,000 ,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) WORKERS' COMPENSATION DOES NOT APPLY TO MONOPOLISTIC STATES (NO , OH , WA AND WY), PUERTO RICO OR THE VIRGIN ISLANDS. CERTIFICATE HOLDER CANCELLA TION Kittitas County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 925 S. Industrial Way THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ellenburg , WA 98926 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I John C Hurley ~~~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD