Statewide Residential Appliance Recycling Program Agreement [2003] (2003)Full Document 

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2003 STATEWIDE RESIDENTIAL APPLIANCE RECYCLING
PROGRAM AGREEMENT

 

BETWEEN

 

ARCA CALIFORNIA, INC.

 

AND

 

SOUTHERN CALIFORNIA EDISON COMPANY

 

 

This program is funded by California utility customers and administered by Southern California Edison Company under the auspices of the California Public Utilities Commission.

 



 

2003 STATEWIDE RESIDENTIAL APPLIANCE RECYCLING PROGRAM AGREEMENT

 

TABLE OF CONTENTS

 

1

DEFINITIONS

 

 

2

GENERAL TERMS

 

 

3

CONTRACT DOCUMENTS

 

 

4

CONTRACTOR RECYCLING SERVICES

 

 

5

CONTRACTOR REPORTS

 

 

6

CONTRACTOR CUSTOMER COMPLAINT AND DISPUTE RESOLUTION PROCESS

 

 

7

ELIGIBLE CUSTOMERS AND REFRIGERATORS AND FREEZERS

 

 

8

INELIGIBLE CUSTOMERS AND REFRIGERATORS AND FREEZERS

 

 

9

CONTRACTORS COMPENSATION

 

 

10

CONTRACTOR BILLING

 

 

11

SCE RESPONSIBILITIES

 

 

12

OWNERSHIP AND CUSTOMER CONFIDENTIALITY REQUIREMENTS

 

 

13

CONFLICT OF INTEREST

 

 

14

RIGHT TO AUDIT AND INSPECT; RECORDKEEPING

 

 

15

CHANGES

 

 

16

PERMITS, CODES AND STATUTES

 

 

17

REPRESENTATIONS AND WARRANTIES

 

 

18

TITLE

 

 

19

INSURANCE

 

 

20

INDEMNITY

 

 

21

TERM AND TERMINATION

 

 

22

STOP WORK

 

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23

WRITTEN NOTICES

 

 

24

SUBCONTRACTS

 

 

25

INDEPENDENT CONTRACTOR

 

 

26

NON-DISCRIMINATION CLAUSE

 

 

27

CPUC AUTHORITY TO MODIFY

 

 

28

NON-WAIVER

 

 

29

ASSIGNMENT

 

 

30

FORCE MAJEURE

 

 

31

DISPUTE RESOLUTION

 

 

32

SEVERABILITY

 

 

33

GOVERNING LAW

 

 

34

SECTION HEADINGS

 

 

35

SURVIVAL

 

 

36

NONRELIANCE

 

 

37

ATTORNEYS FEES

 

 

38

COOPERATION

 

 

39

ENTIRE AGREEMENT

 

 

40

COUNTERPARTS

 

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THIS AGREEMENT (Agreement) is effective as of the 2nd day of September, 2003 (Effective Date) by and between SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation (SCE) and ARCA CALIFORNIA, INC., a California corporation and wholly owned subsidiary of Appliance Recycling Centers of America, Inc. (Contractor).  SCE and Contractor are also each individually referred to herein as Party and collectively as Parties.

 

RECITALS

 

WHEREAS the Parties desire to implement an appliance recycling program 2003 under the terms and conditions required by the California Public Utilities Commission and as set forth herein, for the removal of older, working inefficient refrigerators and freezers (Eligible Refrigerators and Freezers) (the 2003 Statewide Residential Appliance Recycling Program) or Program) from customer residences in the separate service territories of SCE, and San Diego Gas & Electric (SDG&E) (collectively, the Southern Territory.)

 

WHEREAS, SCE desires to ensure the safe, lawful recovery and recycling or lawful disposal, as necessary, of CFCs, HCFCs, HFCs, PCBs, mercury, and used oil and Hazardous Materials.

 

WHEREAS, SCE desires to contract with Contractor for the comprehensive management of the 2003 Statewide Residential Appliance Recycling Program in the Southern Territory.

 

WHEREAS, Contractor desires to contract with SCE for the comprehensive management of the 2003 Statewide Residential Appliance Recycling Program in the Southern Territory, said management to include, without limitation, the collection, disabling and proper disposal of primary and secondary working Eligible Refrigerators and Freezers; removal of CFCs, HCFCs, HFCs, PCBs and other Hazardous Materials from collected Eligible Refrigerators and Freezers; handling storage and legal disposal of compressor oil, PCBs and other Hazardous Materials; recycling of metal, sulfur dioxide, CFCs, HCFCs, HFCs and oil; providing incentives to participating customers of SCE and SDG&E who relinquish Eligible Refrigerators and Freezers, performance of a Program Participant survey, and providing reports and data to assist SCE in tracking program goals and expenditures and evaluating the program.

 

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WHEREAS, Contractor represents (i) that it has knowledge of the federal Clean Air Act, the Resource Conservation and Recovery Act, and Toxic Substances Control Act as well as the California Health and Safety Act (Article 10.1, commencing with Section 25211 of Chapter 6.5 of Division 20), the California Public Resources Code (Chapter 3.5, commencing with Section 42160 of Part 3 of Division 30), and all other applicable federal, state, and local regulations regarding the proper processing and recycling of refrigerators and freezers and hazardous materials contained within the refrigerators and freezers; (ii) that it has knowledge of the hazards associated with the removal, handling, storage, recycling, and legal disposal of hazardous materials; (iii) that it has experience and expertise in such removal, handling, storage, recycling, and legal disposal; (iv) that it uses only qualified personnel, (including subcontractors and agents personnel) who have been instructed and certified in the proper safety procedures to be used in such removal, handling, storage, recycling, or legal disposal, and (v) that it has established and will continue to operate and maintain its recycling center in the City of Compton or other areas acceptable to Contractor and SCE.

 

WHEREAS, the Parties hereto desire to set forth terms and conditions under which the aforesaid management services shall be performed and which shall constitute the Parties agreement.

 

NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

 

1.             DEFINITIONS

 

1.1           Agreement:  This document, the terms and conditions contained in this Agreement as amended from time to time.

 

1.2           Amendment:  Future document signed by the authorized representatives of both Parties which changes or modifies the terms of this Agreement.

 

1.3           Business Day:  The period from one midnight to the following midnight, excluding Saturdays, Sundays, and holidays.

 

1.4           Calendar Day:  The period from one midnight to the following midnight, including Saturdays, Sundays, and holidays.

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