Regional District of A. Kitimat-Stikine TO: Regional District Board FROM: Administration DATE: October 4, 2018 RE: Electronics Recycling Stewardship Agreement Amendments Administration is recommending the Board amend the current agreements with the Canadian Electrical Stewardship Association (CESA) and Encorp Pacific to allow inclusion of the Stewart Transfer Station as a collection site for end-of-life small appliances and electronics. In July 2017, the Board approved the execution of agreements with CESA and Encorp Pacific for the collection of small appliances and electronics at the Kitwanga Transfer Station, with allowance for satellite collection sites at the Meziadin and Iskut Landfills. Examples of materials collected by these programs include; vacuum cleaners, toasters, microwaves, small power tools, stereo equipment, computers, and televisions. The proposed agreements will add the pending Stewart Transfer Station as a satellite collection site to the Kitwanga Transfer Station. Materials will be consolidated at Kitwanga for collection by the Stewards. Expansion of collection services to include Stewart is in keeping with the Hazelton and Highway 37 North Servicing Plan. Recommendation: The Board authorize the execution of appropriate agreements with the Canadian Electrical Stewardship Association (CESA) and Encorp Pacific to include the Stewart Transfer Station as a collection site for end-of-life small appliances and electronics. Voting Structure: Participants, Weighted; All Directors, Weighted Prepared by/contact: Erin Blaney - Zero Waste Coordinator Approved by CAO r.'Zy BC Small Appliance Collection Site Agreement This Agreement dated and effective as of the day of 2018 is between: Product Care Association ("PCA"), having a place of business at 12337-82A Avenue, Surrey, British Columbia, V3W 0L5; and Business Name: Regional District of Kitimat-Stikine Legal Name (if different): Office Address: 300-4545 Lazelle Ave. Terrace B.C. V8G 4E1 Site Address (if different): See Schedule C Telephone number: 250-615-6100 Fax number:250-635-9222 Email address: [email protected] (the "Generator") Whereas: A. Canadian Electrical Stewardship Association (CESA) is a non-profit organization which operates a stewardship program for Program Products in British Columbia B. PCA has been appointed by CESA as program manager of the CESA Program. C. PCA and the Generator wish to enter into this Agreement, which describes the terms and conditions under which the Generator will operate as a return collection facility for Program Products. For good and valuable consideration, the parties agree as follows: 1.0 Definitions: 1.1 "CESA Program" means the Program Products product stewardship program operated in pursuant to the Recycling Regulation BC Reg. 449/2004 (the "Regulation") of British Columbia for the collection and management of end-of-life Program Products and pursuant to a Program plan filed by CESA with and approved by the BC Ministry of Environment. 1.2 "Program Plan" means the written plan which describes how the CESA Program is operated, as filed by CESA with and approved by the BC Ministry of Environment. l CESA Generator Agreement Page 1.3 "Program Products" means the small appliance products described in Schedule A as may be amended by the Program from time to time. 1.4 "Collection Guidelines" means the compendium of information including collection site standards and other procedures developed to assist facility operators and collection sites in managing the collection and storage of Program Products in a way that will minimize the risk of personal injury and harm to the environment. 1.5 "Non-program Products" means products not covered by the CESA Program. 1.6 "Consumer" means any person resident in BC desiring to dispose of Program Products. 2.0 Appointment of Generator 2.1 PCA appoints the Generator as an authorized collection site for the collection of end-of-life Program Products for the term of this Agreement at the following location: See Schedule C for a list of authorized small appliance collection sites (the "Site”). 3.0 Responsibilities of the Generator The Generator shall 3.1 Accept Program Products from consumers at no charge and not accept Non Program Products and not contract with any other party for the collection of Program Products. 3.2 Provide PCA with 30 day written notification, before starting collection of products for other product stewardship programs. 3.3 Provide PCA with 30 days written notice of any change of Site location or Generator ownership or change of operating hours. 3.4 Accept all Program Products returned by the consumers at the Site, subject to the Generator's reasonable discretion to limit bulk returns from any one source to ensure the smooth operation of the collection facility and upon consultation with PCA from time to time. 3.5 Ensure that all Program Products received by the Generator are given to the transporter authorized by the PCA to collect Program Products and to no other person. 3.6 Not modify, disassemble, deconstruct or strip for parts any Program Products collected by it, provided that power cords may be removed and included separately in the shipment of Program Products. 3.7 Collect and store all accepted Program Products in compliance with PCA's operating procedures, which are provided in the Collection Guidelines subject to change by PCA from time to time. 3.8 The Collection Guideline ensures that all parties involved follow standardized procedures and assist in minimizing any risk that Program Products pose to safety and environment. 3.9 Ensure that all staff/Generator operators are properly trained according to the Collection Guideline and are knowledgeable about the program. CESA Generator Agreement Page 2 m y ?- \ 3.10 Promptly report to PCA any accidents or incidents that occur as a result of the collection of Program Products, or any accidents or incidents that affect the collection of Program Products. 3.11 Provide notice to the Program of: (i) any criminal convictions against it in the past five (5) years, and (ii) any fines or regulatory orders made against it in the previous five (5) years which relate to the substance of this Agreement or any aspect of the Program Plan. 3.12 Provide notice within sixty (60) days after any fine or regulatory order relating to the substance of this Agreement made against it after the date hereof; and 3.13 Take reasonable measures to protect the privacy and security of any private or personal information that may left on or in Program Products by a consumer. 3.14 Post any signage and make available to customers promotion material supplied by the Program. 3.15 Ensure Consumers returning Program Products are courteously and promptly served. 4.0 Responsibilities of PCA Product Care shall: 4.1 Provide Program Product management services in accordance with the Program Plan. 4.2 Be responsible for any advertising or media communications relating to the Program and this Agreement. The Generator may not advertise as an authorized collection Generator without the prior written consent of PCA. PCA shall publish the name and address of the Generator and the Site on the Program website and may publish it in other media. 4.3 Supply the Generator with the following equipment (the "Equipment") which shall remain the property of PCA: 4.3.1 Collection containers (including "Mega bags"), and pallets for the storage and palletizing of Program Products collected by the Generator; 4.3.2 Generator Collection Guidelines; and 4.3.3 Signage (the "Signage") to be displayed by the Generator at the Site. 4.4 The Generator shall take all reasonable measures to protect the Equipment and the Generator shall deliver the Equipment to PCA within 30 days after the termination of this Agreement. The Generator shall use the Equipment only for intended Program purposes. 5.0 COVENANTS AND INDEMNIFICATION 5.1 The Generator shall take title to all Program Products delivered by the consumers at the Site until the Program Products are removed from the Site by PCA or PCA's agent. 5.2 PCA shall maintain, at its own expense, insurance in such form, on such terms, with such limits and subject to such deductibles, as PCA may from time to time reasonably determine CESA Generator Agreement Page 3 is sufficient to protect against liabilities and damages arising from PCA's operations at the Site. Such policies of insurance shall contain an undertaking by the insurers to give to the Generator not less than 60 days' prior written notice of any cancellation or other termination thereof, or any change which restricts or reduces the coverage provided to the Generator thereby. 5.3 The Generator shall maintain, at its own expense, adequate insurance (the "Insurance" ) for the services to be performed under this Agreement, including the insurance coverage set out below: 5.3.1 Comprehensive general liability coverage in an amount acceptable to PCA; and 5.3.2 Any other insurances carried by the Generator relating to the services provided by the Generator to Product Care under this Agreement. 5.4 Within five business days of PCA's request, the Generator shall supply PCA with satisfactory evidence of the Insurance. To the extent that the Generator does not have the Insurance, the parties acknowledge that the Generator is an independent contractor supplying services to PCA under this Agreement at the Generator's own profit and risk, including, without limitation, risk of fire, property or environmental damage, personal injury or any other loss or damage of any nature whatsoever arising from the Generator's performance of the services under this Agreement. 5.5 The Generator covenants, represents and warrants to PCA that the Generator: 5.5.1 Is an incorporated and/or an otherwise validly existing business, municipality or regional district under the laws of British Columbia and is a corporation or other entity in good standing and qualified to carry on business in British Columbia.