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Covanta Agreement

Ripon City Council
January 11, 2022

Document
Covanta Agreement
Meeting
January 11, 2022
Body
Ripon City Council
Original file
5.4 MB
Text extracted from the city's file for reading and search. Open the original on riponcityca.iqm2.com. That file is the official record.

Julio Rios-Ortiz COVANTA
Business Development - Healthcare Solutions
Covanta Environmental Solutions Environmental
445 South Street Solutions
Morristown, NJ 07960
P 336-653-7557
[email protected]
November 24, 2021
Elizabeth Forks
Ripon Police Department
259 N. Wilma Avenue
Ripon, CA 95366
RE: Disposal services for DEA Controlled Substances and Assure Destruction of Evidence Ms. Forks,
Covanta Environmental Solutions is pleased to provide Ripon Police Department with this proposal for the secure disposal and generation of clean renewable energy utilizing your DEA Controlled Substances and Assured Destruction of Evidence within our Waste to Energy (WtE) network. We appreciate this opportunity to offer your company the following disposal pricing and related services:

Renewable Energy Highlights
• Annually, Covanta's WtE facilities convert more than 15 million tons of waste materials into clean renewable energy.
• Covanta's WtE operations are net reducers of greenhouse gases — annually offsetting approximately 15 million tons of carbon dioxide equivalents from being generated.

Disposal Rates
Disposal
Waste Covanta Destination (Direct Hopper
Descriptior Facility Destination City & State Feed Only) Price/Ton
Esterd and Firearms Covanta Stanislaus Crows Landing, CA $533.00 Substances arcolics Covanta Stanislaus Crows Landing, CA $1,598.00 Substances Naluana Covanta Stanislaus Crows Landing, CA $1,065.00 Confidential Documents Covanta Stanislaus Crows Landing, CA $320.00 Transportation Cost:

Please Note: All numbers are FOB Covanta Stanislaus and all controlled substances shipments must be in compliance with DEA requirements. All shipment documents must be submitted to Covanta for review prior to a delivery confirmation being granted by Covanta.

Delivery volumes will be reviewed at the end of each calendar year.

Pricing Caveats
• There is a $350.00 minimum disposal fee per load.
• All pricing is in U.S. dollars and annually prices will be adjusted to reflect a positive U.S. city Average Consumer Price Index for Urban Consumers (CPI-U). • Pricing will include a 12.6% environmental security and insurance fee. (effective January 1, 2020)
• Additional City/State/Federal Taxes may apply.
• When requested, Covanta Environmental Solutions will provide special handling services at our WtE facilities.

Labor will be billed at the prevailing rate; currently $80 per man hour.

Equipment will be billed at the prevailing rate; currently $80 per hour.

Materials will be billed at cost plus 10%.
• There is a $1,000 surcharge per load pursuant to the following:

Unlabeled drums that contain powders
• Drums not segregated that contain powders
• All DEA Controlled Liner Material can only be sent to a Pharmaceutical Service Center (PSC) and not direct to an WE facility
Service Terms
This offer of service will become effective immediately upon completion of the Material Characterization Form (MCF) and where necessary the execution of the service agreement accessible with this proposal and references the above noted waste streams. Future waste streams generated by this account may be added (pricing may vary based on material type) upon technical review and approval by Covanta. This offer is valid for 60 days from the date of this proposal.

Covanta's Environmental Solutions appreciates this opportunity to manage your company's secure disposal needs. Please direct any questions as well as completed approval forms to me.

Sincerely,
Julio Rios-Ortiz
Business Development - Healthcare Solutions
Covanta Environmental Solutions
COVANTA CALIFORNIA (CA) NON-HAZARDOuS WASTE
Powering Today. Protecting Tomorrow. CERTIFICATION ADDENDUM FORM

THIS FORM IS TO BE COMPLETED BY THE GENERATOR ONLY IF THE WASTE TO BE DISPOSED OF AT COVANTA Stanislaus
NAME OF WASTE (AS NOTED IN SECTION 2.1 OF THE MATERIAL CHARACTERIZATION FORM):

Evidence Destruction
As an authorized representative of RIPON POLICE DePARTMENT, I certify that the above referenced waste stream consigned to Covanta Stanislaus for destruction by incineration is not subject to regulations as hazardous waste under the Federal Resource Conservation and Recovery Act (RCRA) Regulations, 40 CFR Part 260 et seq., or the California Administrative Code, Title 22, Division 4.5, Chapter 11.

The foregoing determination is based upon generator knowledge and / or analytical data, and the information supporting such determination will be made available to Covanta Stanislaus and Covanta within two business days of the date of request.

AUTHORIZED REPRESENTATIVE
Name: Elizabeth forks
Title: Community Service Officer cha 12/00/2021
Property + Evidence Signature Date
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COVANTA Assured Destruction Program
Profile & Agreement Form
Powering Today. Protecting Tomorrow.

A. CUSTOMER INFORMATION
Customer Information & Location Billing Information
Institution Name: RIPON POLICE DEPARTMENT Is the billing address different than the generating location? Address: 259 N. WILMA AVENUE • Yes - if yes, please enter the address below:

RIPON, CA 95366 Address: 259 N WILMA AVENUE
Contact Name: ELIZABETH FORKS RIPON, CA 95366
Title: COMMUNITY SERVICE OFFICER Contact Name: JOANNE BEUKELMAN Phone #: 209-599-0271 Billing Phone #: 209-599-0211
E-mail @: [email protected] Billing Email @: [email protected]

WASTE CRITERIA & DESCRIPTION
This approval is for confidential materials ONLY. This type of waste stream is limited to confiscated/seized materials (i.e. manufactured articles, weapons, drugs & paraphernalia), confidential paper documents, electromagnetic media, food and clothing. An inventory list of the materials being disposed under this waste stream is required. If any material under the consigned waste does not meet this criterion, please describe and contact your program administrator:

Confiscated property (Materials) including documents, narcotics, etc Excluding: E-waste - flash drives, cell phones, laptops, cameras, anything containing a circuit board and lithium batteries, Hazardous Waste Drugs like warfarin (Coumadin), Ammunitions - bullets, All other waste - aerosols, butane tanks, lighters, and hazardous or lodinated waste.

Select and describe how the waste will be packaged: (Check all that apply) * Boxes Size: 12.5"x16.25"x10.5" • Pails Size: 5-10 gallon * Other: trash bags Quantity per Delivery: 20-30 bags/boxes Frequency: 1-5 x a year Delivery Vehicle: SUV, Pick up truck, & trailer Would PPE above gloves, safety glasses and a hardhat be necessary for the handling of the waste as it will be received? • No • Yes - if yes, further EH&S consultation required Will this waste be consistent from delivery to delivery? * No • Yes C. AGREEMENT TERMS & CONDITIONS
The actual Disposal Fee and Facility applicable to each type of Special Waste shall be listed on the Approval Letter, as further described in Section 3 below. THEREFORE, in consideration of their mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, Covanta and Customer hereby agree to the terms of this Agreement.

Terms and Conditions of Disposal Agreement
Disposal Services. Customer shall deliver, and Covanta shall receive and dispose of, Customer's Special Waste which has been approved for delivery by Covanta under an Approval Letter, as defined in Section 3 below. Covanta reserves the right to interrupt deliveries at any time in its

2. Special Waste. Special Waste does not include Unacceptable Waste or Hazardous Waste. Hazardous Waste shall mean any waste which is listed, has the characteristics of, or is otherwise identified as a hazardous waste or subject waste under applicable state or federal laws or regulations, including without limitation the Resource Conservation and Recovery Act of 1976(42 U.S.C. et seq. and the regulations promulgated thereunder). Unacceptable Waste shall mean: any non-hazardous waste which is not permitted to be processed at a Facility under applicable laws or permits; source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 and the regulations thereunder; asbestos- containing waste; mercury-containing waste; and any waste delivered by Customer which is not approved by Covanta for delivery under an Approval Letter or which does not conform to the information provided to Covanta by Customer with respect to such waste Covanta shall be entitled to reject any and all waste which is not Special Waste. Covanta shall have the right to inspect the contents of any vehicle. at Covanta's request, Customer shall promptly contain, clean up and remove in accordance with applicable laws any Unacceptable Waste or Hazardous Waste it delivers to a Facility. If Customer does not immediately undertake such actions, Covanta may undertake them at Customer's expense and as Customer's agent. All costs, expenses, fines and penalties in connection with such Hazardous or Unacceptable Waste shall be paid by Customer.

A surcharge of $500.00 per load will be charged by Covanta and paid by Customer for any loads which upon inspection, are found to contain Hazardous or Unacceptable Waste. In addition, in the event of a spill or release of waste delivered by Customer while such waste is in Customer's control, Customer shall contain and clean up the spill or release in accordance with applicable laws and Covanta guidelines, and shall reimburse Covanta for all costs, expenses, fines and penalties in connection with such spill or release. Special Waste delivered by a carrier which has contracted with Covanta or Customer for delivery is deemed to have been delivered by Customer for the purposes of this Agreement.

3. Special Waste Characterization; Transportation; Disposal Fee. Customer shall, in addition to any labeling, packaging, marketing, manifest or other such documentation required by law, provide Covanta in advance, with a detailed written physical and chemical description or analysis of the special waste, including a listing of unique chemical characteristics and safety procedures, if such exists, that would be of material significance to the handling of such Special Waste (a "Material Characterization Form" or "MCF"). Where requested by Covanta, a representative sample of REV 1.0 March2014 Page _of
Customer shall promptly furnish to Covanta any information regarding known, suspected, or planned changes in composition in such Special Waste and Customer shall accordingly update the MCF. Customer warrants that all Special Waste specified in the MCF and delivered to Covanta shall conform to the description set forth on the MCF and that the contents of each container delivered will be accurately and clearly set forth on a label affixed to the outside. If Covanta agrees that it will accept the waste described in the MCF, it will issue an Approval Letter, the form of which is attached hereto as Schedule 1. The Approval Letter will specify the Facility or Facilities to which the Special Waste will be delivered and the Disposal Fee.
on Schedule 2. On each January 1st during the term of this Agreement, the Disposal Fee shall by subject to an increase the from the preceding year's rate by a percentage positive increase, if any, in the consumer price index, for all urban consumers, published by the U.S. Department of Labor, Bureau of Statistics from the preceding year. If Customer requests Covanta transportation services, Covanta will issue a transportation quote acknowledgement form as confirmation of the current transportation rate, the form of which is attached as Schedule 3. Transportation services will not be provided until the transportation quote acknowledgement form has been signed by Customer and received by Covanta.

Payment. Customer shall make payment within 30 days of the date of Covanta's invoice at the address specified on such invoice. Amounts owed to Covanta after invoice due date shall accrue interest each day such invoice is not paid at the maximum rate permitted by applicable law.

Customer shall also pay Covanta's reasonable investigation costs and attorney's fees for purposes of collection of amounts owed by Customer.

At Covanta's option, based on the results of a credit check, Covanta may require, and Customer shall provide as security, an escrow fund or a payment bond sufficient to cover processing Special Waste delivered to the Facility by Customer. A fee of $35.00 will be charged on all returned Each party (the "Indemnitor") hereto shall defend, indemnify and hold harmless the other party and its respective partners, parent companies, subsidiaries, and affiliates, and, in the case of Covanta, its client communities (an "Indemnified Party"), from and against any and all costs, losses, damage, suits, liability and expenses (including, but not limited to, reasonable investigation and legal expenses) arising out of any claim for loss of or damage to property, and injuries to or death of persons, including Indemnified Party's employees, caused by or resulting from the breach of this Agreement or applicable law, negligence or willful misconduct of the Indemnitor, its employees, haulers, contractors, subcontractors or agents or their delivery to the Facility of waste excluded from the definition of Special Waste. Neither party shall be liable to the other for any special, incidental or consequential damages, whether arising in contract, tort, strict liability, or in any other cause of action whatsoever. Said duties to indemnify, defend and hold harmless shall survive the termination of this Agreement.

The parties shall comply with all applicable local, state and federal laws in connection with its performance of and activities in connection with this Agreement. Customer shall also comply with the work and safety rules promulgated to govern operations at the Facility. Except for the obligation to pay for services rendered, no parties hereto shall be liable for its failure to perform hereunder due to events beyond its reasonable control, including, but not limited to, strikes, riots, war, fire, or acts of God, herein called "Events of The financial inability to perform of a party is not an Event of Force Majeure.

7. Insurance. Each party shall maintain, and furnish to the other, upon request, certificates attesting to the existence of, workers' compensation insurance providing statutory benefits, employer's liability insurance with policy limits of not less than $1,000,000, automobile and commercial general liability insurance with policy limits of not less than $2,000,000 each occurrence for bodily injury or death and $2,000,000 each occurrence for property damage liability, and pollution liability insurance having a minimum limit of $2,000,000 per occurrence. Each such certificate shall contain a statement of the insurer's obligation to notify the other party at least 30 days prior to cancellation of any policy covered thereunder.

Each party shall cause the aforesaid liability policies (with the exception of workers' compensation and pollution liability) to be duly and properly endorsed by its insurance underwriters as follows: a) to provide an endorsement naming as additional insured, and waiving subrogation in favor of, the Indemnified Parties; b) to contain a standard cross liability and severability clause; c) to provide that said insurance shall be primary in all instances with respect to Covanta's insurance, which shall be secondary and non-contributing at all times; and d) to provide contractual liability

8. Term; Termination. This Agreement may be terminated by either party upon 30 days' written notice. Any obligation of any party for the payment of money which arose prior to the date of termination shall survive termination.

9. Choice of Law. This agreement shall be governed by the laws of the State of New York, without regard to the principles of conflict of law.

10. Schedules. All schedules referenced herein and attached hereto may be found at www.covanta.com.

11. Advertising; Publicity. Neither party shall use the name of the other party or any of its affiliates or related companies or customers in any publicity or advertising or disclose any information related to the existence of this Agreement or the terms and conditions of this Agreement hereof, without the prior written consent of the other party

12. Miscellaneous. (a) This Agreement constitutes the entire understanding between the parties supersedes all prior negotiations, understandings, and agreements concerning Disposer's service. No changes to this Agreement will be effective unless in writing and signed by the party to be bound. (b) No failure by either party to insist on performance shall operate as a waiver of other or subsequent breaches. (c) Neither party shall assign its rights or delegate its duties under this Agreement to any other person without the prior written consent of the other only to the extent necessary to render it enforceable.

13. Non-Hazardous Certification.
been omitted or falsified. It is further certified that the material is non-hazardous based upon Federal, State and Local Regulations.

D. SIGNATURE BLOCK
Customer Authorized Representative Covanta Representative Name: Name:

Title: Title:_
Institution:

Signature Date Signature Date

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Covanta
4Recovery ENVIRONMENTAL SERVICES
REDUCE. REUSE. RECYCLE. RECOVER ENERGY-FROM-WASTE

SECURE SUSTAINABILITY WITNESS SECURE DISPOSAL
Covanta 4 Recovery (C4R), formerly Covanta Secure Services For added security, you may request that your company's and TransRiver Marketing, leverages Covanta Energy's vast representatives witness the disposal/destruction process.

C4R also offers Certificates of Disposal and Destruction. network of Energy-from-Waste (EfW) facilities to meet our customers' unique non-hazardous waste disposal needs

NON-HAZARDOUS MANUFACTURING AND
with sustainable and secure solutions, including:

INDUSTRIAL WASTE
• Secure Destruction / Secure Disposal Through the use of EfW disposal, C4R can help companies • Zero landfill and landfill reduction programs as they implement zero landfill and landfill reduction goals and seek strategies to reduce greenhouse gas emissions
• Liquid waste disposal and beneficial reuse of water
and promote reliable sources of renewable energy.

SECURE DESTRUCTION / SECURE DISPOSAL
We offer secure destruction and disposal programs to LIQUID / WASTE WATER DISPOSAL / REUSE ensure that your confidential material and expired, off- C4R offers two reliable options for customers looking specification or contaminated products are permanently for alternatives to traditional liquid waste disposal destroyed, including: methods-liquid direct combustion (LDC) and beneficial reuse. LDC introduces liquids directly into the combustion • Documents and electronic media
process, permanently destroying the contaminants.
• Pharmaceutical and personal care products Alternatively, some waste water can be beneficially reused by our EfW facilities to offset the need for potable water. -
THE WASTE MANAGEMENT HIERARCHY - The hierarchy identifies five waste management solutions in descending order or preferencel Reduce. Then what can't be reduced
Reuse. Then what can't be reused
Recycle / Compost. Then what can't be recycled or composted Recover. Using state-of-the art combustion processes to generate clean, renewable energy, and then
Dispose. Of that which has no other use and must be landfilled Covanta 4Recovery • 445 South Street • Morristown, NJ • Tel: 800.950.8749 covanta4recovery.com

TYPICALLY ACCEPTABLE MATERIALS
Pharmaceutical Waste Commodity Waste Industrial Waste
DEA Schedule Drugs Consumer Products Wood and Wood Fiber DEA List Drugs Food Products Industrial Waste
Rx Products Carpet (Broadloom and Tile) Bulk Paint Powder Pills, Capsules, and Powders Paint and ink Ink and ink Waste Cream, Ointment, and Syrup Bulk Toner and Cartridges Tires and Rubber Waste Ingredients and Mixtures Recalled Products Filter Cake and Sludge Packaging Materials Personal Care Products Contaminated Soil Veterinary Products Nutritional Supplements Manufacturing Debris Liquids and Water Liquids and Water Liquids and Water
Waste Water Disposal and
Manufacturing Waste Beneficial Reuse Remediation Waste
Paint Overspray Bulk Liquid Products Coal Tar Soil
Process Sludge Industrial Waste Water Oily Debris and Soil Adhesives and Sealants Line Purge Water Spill Clean Up
Grinding Residue Petroleum Contaminated Truck and Car Tires Manufacturing Debris Soaps and Surfactants Waste Water
Covanta 4Recovery • 445 South Street • Morristown, NJ • Tel: 800.950.8749 covanta4recovery.com

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