HomeMy WebLinkAboutMINUTES - 10081996 - C40 TO: BOARD OF SUPERVISORS r�
FROM: William Walker, M.D. , Health �Servi.Ces.'Director ,
By: Ginger Marieiro, Contracts Administration f- >. Contra
Costa
DATE: September 26., 1996
County
SUBJECT: Approve Agreement #28-589 with City of Brentwood to Provide Household
Hazardous Waste Collection Services
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I . RECOMMENDED ACTION:
Approve and authorize the Chair, Board of Supervisors, to execute
on behalf of the County, Agreement #28-589 with the City of
Brentwood, for the period from July 1, 1996 through June 30, 1997,
in the amount of $7, 608, for. provision of household hazardous
waste (HHW) collection services by the Health Services Department .
II . FINANCIAL IMPACT:
The City of Brentwood will pay its portion of fees to the County
for provisions of HHW services . There is no financial impact on
the County -General Fund.
III . REASONS FOR RECOMMENDATIONS/BACKGROUND:
The County has already entered into similar agreement with the
West Contra Costa Integrated Waste Management Authority and the
cities of Antioch, Pittsburg and San Ramon for provision of HHW
services during FY 1996-97 . Brentwood was not a participant in
this program in FY 1995-96 and has rejoined for this fiscal year.
The $7, 608 they are required to pay is their portion of HHW
services .
The Board Chair should sign three copies of the Agreement . Two
signed copies of the Agreement and three sealed/certified copies
of this Board Order should be returned to the Contracts and Grants
Unit .
CONTINUED ON ATTACHMENT: YES SIGNATURE. LZ ` va_L'"
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON DPS 08
� APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
r// UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact:Wendel Brunner, M.D. (313-6712) ��
CC: Health Services (Contracts) ATTESTED
City of Brentwood Phil Batchelor, Clerk of the Board of
Supervisors and County AdminiWalai
M382/7-83 BY \ .l�tJ�Q�1 DEPUTY C.
28 - 589
AGREEMENT BETWEEN
THE CITY OF BRENTWOOD
AND
CONTRA COSTA COUNTY
FOR
HOUSEHOLD HAZARDOUS WASTE
COLLECTION SERVICES
JULY 1, 1996 TO JUNE 30, 1997
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TABLE OF CONTENTS
I. DEFINITIONS
1.1 AB 939 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.2 Acceptable Hazardous Wastes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.3 Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.4 CESQG . . . . . . . . 2
1.5 Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.6 County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.7 Collection Event . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.8 Hazardous Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.9 Household Hazardous Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.10 HHW Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.11 Participating City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.12 Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.13 Recyclable Household Hazardous Wastes . . . . . . . . . . . . . . . . . . . . . 4
1.14 Reuse Component . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.15 Source Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 4
II. OBLIGATIONS OF COUNTY
2.1 Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.2 Minimum Program Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.3 Reports and Other Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.4 Budget/ Expenditures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.5 Emergency Response Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.6 Notice of Incident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.7 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.8 Laws /Generator and Operator Liability . . . . . . . . . . . . . . . . . . . . . . 7
2.9 HHW Program Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2.10 Review of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2.11 Health and Safety Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2.12 Reciprocity to Avoid Illegal Dumping . . . . . . . . . . . . . . . .. . . . . . . . 9
III. DUTIES OF SUBSCRIBER
3.1 Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3.2 Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3.3 City's Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
IV. TERM OF AGREEMENT /OPTION TO RENEW
4.1 Term of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4.2 Option to Renew . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4.3 Termination of Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
V. INDEMNITY /HOLD HARMLESS PROVISION
5.1 Indemnity /Hold Harmless . . 11
VI. MISCELLANEOUS PROVISIONS
6.1 Assignability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
6.2 Consent to Breach Not Deemed a Waiver . . . . . . . . . . . . . . . . . . . . 13
6.3 Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6.4 Third Party Beneficiary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6.5 Independent Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6.6 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
6.7 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
6.8 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
6.9 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
6.10 Entire Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
EXHIBIT A - SCOPE OF WORK
EXHIBIT B - BUDGET
EXHIBIT C - INSURANCE
Minimum Scope of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Minimum Limits of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Other Insurance Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Acceptability of Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Verification of Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Subcontractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
AGREEMENT BETWEEN
THE CITY OF BRENTWOOD
AND CONTRA COSTA COUNTY
JULY 1, 1996 TO JUNE 30, 1997
This Agreement is made by and between the City of Brentwood (hereinafter referred to
as "City") and Contra Costa County (hereinafter referred to as "County").
WHEREAS, pursuant to AB 939, the counties and cities have certain duties and
obligations to implement Household Hazardous Waste plans throughout their jurisdictional
boundaries;
WHEREAS, the County and City prefer to mutually cooperate to accomplish these duties
and obligations to avoid duplication of services and to reduce overall costs;
WHEREAS, the parties mutually agree that a series of Household Hazardous Waste
Collection Events (hereinafter referred to as "Collection Events") conducted by County, by and
through its Health Services Department, Environmental Health Division, will serve to further
accomplish the obligations of cities under AB 939; and
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WHEREAS, the County has submitted a proposal to the City concerning Collection
Events to be conducted by the County for the term of one (1) year;
NOW, THEREFORE, the parties agree as follows:
I. DEFINITIONS
1_1 AB 939
"AB 939" means the California Integrated Waste Management Act of 1989 (found in
sections 40,000 et seq. Of the California Public Resources Code), as it may be amended from
time to time.
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1_2 Acceptable Hazardous Wastes
"Acceptable Hazardous Wastes"means types and quantities typically found in residences
that may include but are not limited to pesticides, solvents, oil based paints, acids, bases, latex
paint, used oil, antifreeze, lead-acid batteries, and household batteries and CESQG Waste
permitted by law to be disposed of at the Collection Events. Acceptable Hazardous Wastes does
not include ammunition, explosives, nuclear wastes, and infectious waste.
1.3 Agreement
"Agreement" means this Agreement between County and City including all exhibits,
attachments, and any amendments.
1.4 CESQG Waste
"CESQG Waste" means Acceptable Hazardous Waste from a Conditionally Exempt Small
Quantity Generator which is a business generating no more than 100 kg or 27 gallons per month
of hazardous waste and meets the other requirements as set forth in California Health and Safety
Code §25218.1(a). A CESQG is also commonly referred to as a "small quantity generator"
(SQG).
1_5 Contractor
"Contractor" refers to the business entity or entities retained by County to perform
certain of the duties of County as set forth in this Agreement and shall include all subcontractors
performing work on the Program for such retained entities.
1_6 Counjy
"County" is the County of Contra Costa, acting hereunder by and through the
Environmental Health Division of the Health Services Department of Contra Costa County.
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A
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1_7 Collection Event
"Collection Event" is a one-day period of time in which the County accepts Acceptable
Hazardous Wastes and CESQG Hazardous Waste at each of the temporary Collection Events
involved in this Agreement. For purposes of this Agreement, "Collection Event" means
"temporary household hazardous waste collection facility" as defined in California Health and
Safety Code Section 25218.1(1). "Collection Event" includes, in addition, reuse and recycling
activities set forth in this Agreement.
1_8 Hazardous Waste
"Hazardous Waste" means all substances defined as hazardous waste, acutely hazardous
waste, or extremely hazardous waste by the State of California in Health and Safety Code
§ 25110.02, § 25115, and § 25117 or in the future amendments to or recodification of such
statutes, or identified or listed as "Hazardous Waste" by the U.S. Environmental Protection
Agency, pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. §§ 6901
et s .), and all future amendments thereto or any regulations thereunder.
1.9 Household Hazardous Waste
"Household Hazardous Waste" means any household hazardous waste generated
incidental to owning or maintaining a place of residence. Household hazardous waste does not
include any waste generated in the course of operating a business concern at a residence.
1.10 HHW Advisory Committee
"The HHW Advisory Committee" shall be advisory only. Said purposes of the Advisory
Committee shall include, but not be limited to receiving reports, project updates and notifications
from the County to provide planning advice to the Project Manager and staff and to provide a
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forum for discussion.
1.11 Participating City
A "Participating City" is entitled to services provided by this contract and includes the
City as well as the cities listed in Exhibit B.
1.12 Program
"Program" means the activities described in Exhibit A.
1_13 Recyclable Household Hazardous Wastes
"Recyclable household hazardous waste material" means those materials for which proven
and authorized recycling technology exists and is readily available. Currently this State Law
defines these as spent lead-acid (car) batteries, used motor oil, latex paint, antifreeze for
recycling, used small batteries, and used oil filters.
1.14 Reuse Component
"Reuse Component" is that portion of the Program described in Exhibit A established
t for collection and redistribution of certain reusable materials remaining in their original
containers.
1.15 Source Reduction
"Source Reduction" refers to activities such as those described in Exhibit A that result
in a net reduction in the generation of HHW and CESQG waste.
II. OBLIGATIONS OF COUNTY
2_1 Scope of Work
The County shall perform those services set forth in, Scope of Work, which is attached
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hereto as Exhibit A and incorporated herein. County further agrees to provide all said services
in a manner fully complying with all applicable laws, regulations and ordinances, and to
complete all services in a timely manner.
It is understood that County intends to engage a commercial entity or entities to perform
a substantial portion of the service provided under the Program. Use of the term County in this
Agreement shall not be read to preclude such use of Contractor and the term County may be
read to include County's Contractor where appropriate. Delegation by County of any of these
obligations to Contractor shall not relieve County of responsibility for performance of its
obligations under this agreement.
2_2 Minimum Program Services
County, at a minimum, shall provide the number of collection events set forth in Section
I.A. of Exhibit A.
2_3 Reports and Other Information
The County shall, in a timely manner, provide the City reports as stated in Exhibit A.
County shall during the term of this agreement, upon request by the City, provide
information related to the Scope of Work that is reasonably necessary .to assist the City in its
coordination of related programs.
2.4 Budget/Expenditures
The Total Cost for the Scope of Work, is set forth in the Budget, attached as Exhibit B
hereto and incorporated herein. All monies paid by City shall be expended solely for purposes
set forth in the Scope of Work. The City shall not be responsible for any costs incurred by the
County in excess of the Total Program Cost as defined in Exhibit B, nor in excess of total costs
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assigned to the City.
2_5 Emergency Response Plan
County shall submit an emergency response plan to the city hosting each collection event
prior to the commencement of the events described in Exhibit A. County shall also provide a
sample of said plan to the City at the beginning of the contract year. County agrees that the
City takes no responsibility for the adequacy of such emergency response plan.
2_6 Notice of Incident
County shall notify the City's designated representative identified pursuant to section 3.3
herein and the Advisory Committee immediately of any accident or incident involving hazardous
wastes occurring during a Collection Event where such incident or accident requires notifying
the Emergency Response Services, the Department of Health Services, Fire Department or other
responsible governmental agency. Written notice shall be delivered to the City and .host
jurisdiction within 24 hours of any incident. County agrees to comply with all laws and
regulations regarding such notices.
2_7 Insurance
County agrees that County and/or County's Contractor shall provide insurance coverage
.by a carrier or carriers admitted to issue insurance in California at least meeting the minimum
terms and conditions set forth in Exhibit C (Insurance), attached hereto and incorporated herein.
To the extent existing laws and regulations, or underlying factual situations change in a way that
affects the minimum insurance terms and requirement set forth in Exhibit C, County agrees that
County and/or County's Contractor shall provide such additional coverage and coverage amounts
as reasonably requested by the City (at no cost to the City).
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County agrees to promptly inform the City in writing when, to its knowledge, existing
laws and regulations, or underlying factual situations change in a way which affects the
minimum insurance terms and requirements set forth in Exhibit C.
2_8 Laws/Generator and Qverator Liability
The County agrees to comply with all applicable laws and regulations, including but not
limited to hazardous waste laws, with respect to the collection, treatment, reuse, recycling and
disposal of recyclable materials, household hazardous wastes, and small quantity generator
hazardous wastes. County agrees, with respect to the parties to this Agreement, that the County
is the sole generator of such waste and sole operator of any treatment, recycling and disposal
facilities with respect to said materials and wastes. For purposes herein, said wastes shall
include all reusable products, recyclable materials, hazardous wastes generated by any resident
or small quantity generator, and other hazardous substances and hazardous wastes delivered to
any Collection Event.
To the extent that any non-acceptable wastes are received at the Collection Event sites,
County agrees to refuse to accept such wastes for collection, or to implement a contingency pian
for appropriate disposal of such wastes or establish other appropriate waste management
.practices.,The City shall not be liable for any damages, clean up costs, or injuries arising out
of delivery, acceptance, handling, or disposal of any hazardous wastes.
2.9 HHW Program Manager
County names Robin Bedell-Waite to act as Program Manager for the County with
respect to the work to be performed under this Agreement. The address, phone number, and
fax number for the HRW Program Manager is: Contra Costa Environmental Health, 4333
7
Pacheco Boulevard, Martinez, CA 94553; (510) 646-2286 and fax (510) 646-2073.
2.10 Review of Work
The County shall develop all reasonably necessary plans, materials, exhibits, and relevant
documents necessary to complete the services and requirements as set forth in the Scope of
Work. These shall be made available to the City upon request.
Copies of all educational brochures and materials shall be circulated to the City for
comment. County agrees that the City's and/or Advisory Committee's review of reports and
work performed by the County or of any materials furnished hereunder shall not in any way
relieve the County of the responsibility for the performance of its work and obligations
hereunder. The City's review, approval or acceptance, or payment for any of the services
involved herein shall not operate as a waiver of any rights of the City under this Agreement nor
operate as a waiver of any cause of action arising out of the County's performance of this
Agreement.
2.11 Health and Safely Precautions
County shall be solely responsible for ensuring that its employees, Contractor, agents and
representatives involved in performance of the County's duties pursuant to this Agreement have
all required training, licenses and certificates required in order to perform their specific duties.
County shall further be solely responsible for compliance with all health and safety requirements
imposed by law, regulation or industry standards. County further agrees to comply with all such
laws, regulations and standards with respect to any and all work performed pursuant to this
Agreement, including the Collection Events themselves.
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2.12 Reciprocity to Avoid Illegal Dumping
(a) County shall accept Acceptable Hazardous Wastes from residents of cities which are
not residents of the City or of those cities listed in Exhibit B only if said amounts of Acceptable
Hazardous Wastes are incidental. County will seek to recover costs for the disposal of
Acceptable Hazardous Wastes from these jurisdictions.
(b) If the amounts of wastes from residents of these jurisdictions become significant,
County will either deliver said waste to jurisdiction of origin or make other arrangements for
the handling, recycling or disposal of said waste at no cost under this agreement. County will
recover all costs associated with said wastes from jurisdiction of origin without cost to the City
and without expending any funds from the budget identified in Exhibit B.
M. DUTIES OF THE CITY
3.1 Information
The City, without cost to the County, agrees upon request by County to provide all
information and documentation reasonably available to the City, to the extent the City deems
such information and material necessary for performance by County of its obligations under this
Agreement. The City, however, does not guarantee or ensure the accuracy of any reports,
information, documentation and/or data so provided and the City shall have no liability to the
County, its agents, representatives, or Contractor for any such omissions or inaccuracies
contained in the information and materials provided. To the extent that any reports, information,
documentation and/or data so provided was supplied to the City by person or persons not
employees of the City, County agrees that any liability resulting from any inaccuracies and/or
9
omissions contained in said reports, information, documentation and/or data shall be limited to
liability on behalf of the party who prepared and/or supplied the information for or to the City.
2 Pa ment
Payment shall be made by or on behalf of the City in four (4) installments of one-quarter
of the amount listed in Exhibit B, Table B-3. The County shall by September 15, 1997, provide
the City an accounting of actual program costs and any reimbursement covering the difference
between the amounts paid and the actual program costs. Each such quarterly payment shall be
due thirty (30) days from receipt of invoice and a status report.
3_3 City's Representative
City shall designate an individual to act as its representative with respect to this
Agreement. The City's representative shall have the City's complete authority to transmit
instructions, receive information, and interpret and define the City's policies and decisions
relevant to the work involved. City's representative is: Marc Goto, Public Works Director, 708
t
Third Street, Brentwood, CA 94513; 634-6920; fax: 634-6930.
IV. TERM OF AGREEMENT/OPTION TO RENEW
4_1 Term of Agreement
The term of this Agreement is from July 1, 1996 through June 30, 1997. No party may
withdraw.from this Agreement prior to the end of the one (1) year term.
4.2 Qption to Renew
This Agreement is renewable as set forth below. County shall in good faith discuss with
the City a proposed contract and budget for services for the subsequent fiscal year providing that
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the number of households in the planned program prove cost effective for the operation of the
County Household Hazardous Waste Program. County shall provide the City with budget
information indicating any significant changes planned in the subsequent fiscal year's budget by
January 15, 1997. County shall provide a final budget by February 15, 1997. The City may,
upon providing written notice to the County by March 15, 1997 of the then current year of this
Agreement, renew the Agreement for an additional one (1) year term. All terms and conditions
of the existing Agreement, except mutually agreed upon changes by the City and the County,
shall remain in full force and effect during the renewal term.
4_3 Termination of Contract
Either party may terminate this Agreement for cause, in whole or in part, if the other
party fails to fulfill its obligations under this Agreement through no fault of the terminating
party. However, no such termination for cause may be effected unless the other party is given:
(1) not less than ten calendar days written notice (delivered by Certified Mail, return receipt
i
requested) of intent to terminate, and (2) an opportunity for consultation with the terminating
party before termination.
V. INDEMNM/HOLD HARMLESS PROVISION
5_1 Indemnity/Hold Harmless
County shall defend, indemnify and hold harmless the Advisory Committee, the City and
participating cities set forth in Exhibit B, their respective committee members, council members,
directors, officers, officials, employees, agents, representatives and volunteers, from and against
all claims (including costs of defense), losses, expenses, and from suits and damages of every
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kind, nature and description, including but not limited to environmental liabilities and claims,
directly or indirectly arising out of the County's performance hereunder or the performance of
the work described herein particularly as outlined in Sections 2.8 and 2.11. The County's duty
to defend, indemnify and hold harmless, as set forth herein, shall include the duty to defend as
set forth in Section 2778 of the California Civil Code. This indemnity shall not apply to the
extent that the damages were caused by the active negligence, sole negligence or willful
misconduct of the Advisory Committee, the City or participating cities.
To the extent that any insurance carrier providing insurance secured by the County and/or
County's Contractor pursuant to this Agreement fails or refuses to defend, indemnify or hold
harmless the Advisory Committee, the City, participating cities set forth in the Budget, their
respective committee members, council members, directors, officers, officials, employees,
agents, representatives and volunteers, due to breach of the insurance agreement.by the County,
or failure of the County and/or County's Contractor to expend any deductible or self insured
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retention, or for any other reason not the result of a breach of this Agreement by the City, the
County shall immediately comply with, at its own expense, the defense, indemnity and hold
harmless provisions of this Agreement without waiting for the insurance carrier to provide the
. same.
VI. MISCELLANEOUS PROVISIONS
6_1 Assignability
County shall not assign or transfer any of its obligations under this Agreement, other than
to Contractor, without the prior written consent of the City.
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6_2 Consent to Breach Not Deemed a Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused,
unless such waiver of consent shall be in writing and signed by the party claimed to have waived
or consented. Any consent by any party to, or waiver of, breach by the other, whether express
or implied, shall not constitute a consent to, waiver of, or excuse for any other different or
subsequent breach.
6_3 Waiver
Waiver of a breach or default under this Agreement shall not constitute a continuing
waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
6_4 Third Party Beneficiga
No person or entity not a party to this Agreement shall be deemed a third party
beneficiary to any of the rights contained herein. No third party beneficiary is intended by the
provisions of this Agreement.
6_5 Independent Contractor
It is expressly agreed that in performance of the services necessary to carry out this
Agreement, the County and the County's subcontractor shall be, and are independent
,contractors and are not agents or employees of the City, participating cities or of the Advisory
Committee. County and County's subcontractor have and shall retain the right to exercise full
control and supervision of the services and full control over the employment, direction,
compensation and discharge of all persons assisting County and County's subcontractor in the
performance of County's obligations hereunder. County and County's subcontractor shall be
solely responsible for all matters relating to the payment of their employees, including
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compliance with Social Security, withholding and all other regulations governing such matters,
and shall be solely responsible for their own acts and those of their subordinates and employees.
6_6 Severability
If any term or provision of this Agreement is found illegal or unenforceable, then,
notwithstanding any such term or provision, this Agreement shall remain in full force and effect
and such term or provision shall be deemed stricken. The invalid, illegal or unenforceable
provision or provisions shall be replaced by a mutually acceptable provision, which, being
valid, legal and enforceable comes closest to the intentions of the parties underlying the invalid,
illegal, or unenforceable provision.
6_7 Amendments
No alteration or variation in the terms of this Agreement shall be valid unless made in
writing and signed by all parties.
6_8 Notices
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The City shall send any notices required herein to the County Household Hazardous
Waste Program Manager at the address listed in Section 2.9.
County shall send any notices required herein to the City's representative as identified
in Section 3.3 herein.
6.2 Jurisdiction
This Agreement shall be administered and interpreted under the laws of the State of
California. Any litigation arising as a result of this Agreement shall be in Contra Costa County,
California, unless the litigation is exclusively within the jurisdiction of the Federal Courts, in
which case the litigation shall be within the San Francisco Branch of the Northern District of
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the State of California.
610 Entire Agreement
This Agreement supersedes any and all agreements, either oral or written between the
parties hereto with respect to the subject matter of this Agreement and contains all of the
covenants between the parties with respect to the rendering of services and provision of funds
as required by this Agreement. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall be -valid and
binding.
Co CT C UNTY CITY OF BRENTWOOD
2;F21--y
Venfices-Directer
Chai rd of Supervisors William Hill
Da E3, Iq 9t Title: 3 hygr
Approved as to form: Date:
LJ? Approved as to form-
County Counsel V
Date: E City Attorney
Date: �1�1���
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EXHIBIT A
SCOPE OF WORK
I. SUMMARY OF SERVICES FOR FY 1996/97
A. Household Hazardous Waste Collection Events
The County shall provide the following collection events during Fiscal Year 1996/97:
Events Region One-Day
5 West 5
4* East 4
2 San Ramon 2
c * East events: 2 Pittsburg, 1 Antioch, 1 Brentwood
The goal is to serve 4% of the occupied households. Scheduling of events will to the
extent practicable be coordinated with the spring or fall clean-up event periods provided
as part of ongoing municipal solid waste collection service.
B. Collection Event Services provided by County include:
1. Property agreements & indemnification of property owners
2. Program publicity
3. Securing locations of the events
4. Securing permitting of all events: local fire, police, planning department, and state
5. Preparation and implementation of an Operation/ Emergency Response Plan
Contact for Household Hazardous Exhibit A
Waste Collection Services 1 Scope of Work
6. Monitoring of required worker training standards
7. All event operations including: set-up; provision of necessary equipment; supplies;
staffing; chemists; and break-down
8. Provision of a table at each collection event for items which can be used or reused
9. Supervision by County hazardous material specialist to ensure proper labpacking,
bulking and reuse table operation
10. Review of all invoices and manifests to ensure accuracy of information
11. Obtaining Certificates of Destruction or Recycling by final disposal or recycling
facility to avoid long-term liability
12. Distribution of pool chemicals to public and non-profit pools
C. Appointment System
Residents and CESQG's shall access the Collection Events through an appointment
system operated by the County. Residents may make appointment by dialing 1-800-750-
4096 form anywhere in the counties of Contra Costa, Alameda and San Francisco.
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As part of the appointment making process, county staff shall explain the collection
process, address legal transportation limits, and provide specialty referrals as needed.
Residents and CESQGs that have more household hazardous waste or CESQG waste than
the legal transportation limits, shall be offered additional appointments as necessary to
dispose of such wastes in a legal manner.
After making an appointment, the County shall send residents and CESQGs a
confirmation letter containing the address of, and directions to the collection sites, rules
regarding acceptable waste, information on packing waste items, and weight /volume
limits. Included with the letter will be a Survey Form and an Alternative Information
Request Form that allows residents to select from available source reduction materials.
Contact for Household Hazardous Exhibit A
Waste Collection Services 2 Scope of Work
At each event, participants shall be asked to turn in the completed Survey Form and the
Alterative Information Request Form.
D. Source Reduction
The County will offer at each collection event, a "Pests Bugging You" brochure and a
"Safer Alternatives to Toxic Household Products" fact sheet to each resident participating
in the collection events, and have available the "Less Toxic Shopping" booklets.
Additional alternatives fact sheets will be mailed to residents upon request. Copies of
materials will be provided to the City for use and distribution.
E. Program Cost Reductions
The County will seek further cost reductions in the Program during FY 1996/97 in the
following areas: latex and oil based paint reuse and reprocessing; staffing levels at
events; reduction in lab packing of pesticides and poisons by aggressive reuse and
distribution to residents and large users.
F. Other Staff Support
County will provide the City:
1: Quarterly and annual Program reports
2. Provide ongoing program evaluation to improve efficiency of operations and to
reduce costs
3. Staffing of advisory committee meetings
4. Management and coordination of program between cities
5. Tracking of State legislation that affects household hazardous waste programs and
report to the City
Contact for Household Hazardous Exhibit A
Waste Collection Services 3 Scope of Work
G. Additional Services and Programs
County has offered, and the City accepts, to permit the following services without use of
funds identified in Exhibit B:
1. Education of Realtors and movers: County will continue providing "Moving In" and
"Moving Out" brochures to realtors, realtor associations, residents and Subscribers
upon request.
2. Conditionally Exempt Small Quantity Generators (CESQG): Businesses generating
no more than 100 kilograms, or 27 gallons, of hazardous waste each month will be
allowed to dispose of their wastes at the collection events. CESQG's will pay for all
disposal costs. County will publicize the program throughout the unincorporated area
and the area within the Subscriber's boundaries.
3. Battery, Used Motor Oil, & Latex Paint (BOP) Facilities: The County will continue
working with Subscribers, Delta Diablo Sanitation District and West Contra Costa
Sanitary Landfill to manage collection facilities for lead-acid batteries, used motor
oil, oil filters, latex paint and antifreeze.
II. PROGRAM LIABILITY
Any contractor selected by the County for operating Collection Events shall assume
operational liability for that portion of the Program. In assuming operational liability, the
contractor shall be required to enter into a third-party agreement with the property owner of
any location used as a collection site that shall name the property owner as an additional
insured party in those policies where the County and/or its contractor is required to name
the City as an additional insured.
Contact for Household Hazardous Exhibit A
Waste Collection Services 4 Scope of Work
in. SERVICE AREA AND PROGRAM CAPACITY
The Program shall serve residents living in the City and in jurisdictions listed in Exhibit B.
The Program shall be designed with the goal of serving four percent (4%) of all the occupied
households in the participating jurisdictions listed in Exhibit B.
Residents from participating jurisdictions listed in Exhibit B shall be allowed to use any
Collection Event. Participants shall, however, be encouraged to use Collection Events
located in their geographic region.
For the purpose of monitoring the number of households served, surveys shall be
conducted by the County at each Collection Event to determine the number of households
served by vehicles accessing events. Currently the County estimates that each vehicle
represents 1.15 households. During the fiscal year the County shall verify the continued
accuracy of this estimate through collection of survey data.
IV. SITE SELECTION AND PERMITTING
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Collection site locations may not be established in all jurisdictions participating in the
program, however, the County shall select site locations that shall be easily accessible to
residents from participating jurisdictions located within a geographic region (i.e., West
County, City of San Ramon and East County). Sites shall be selected, as necessary, to
demonstrate a good faith effort to ensure the Program serves equal percentages of
residents from all participating jurisdictions.
V. SITE OPERATIONS
Waste shall be collected from the public at each collection event for a minimum of three
continuous hours, or as otherwise agreed by the County and the City for individual
events.
Contact for Household Hazardous Exhibit A
Waste Collection Services 5 Scope of Work
VI. REPORTING
County shall prepare and file all reports required by applicable laws or regulations,
including State Form 303. County shall, in addition, provide the City with a quarterly
status report and a copy of State Form 303. The status report shall address all relevant
issues of the Program, including but not limited to:
a. the types and quantities of waste received at each weekend collection event site, (for
both residents and CESQGs);
b. recycling and disposal methods for each type of waste received;
c. number of households and vehicles served from each jurisdiction at each event;
d. anticipated changes or issues that may affect program design and budget;
e. anticipated over or under budget expenditures;
f. a copy of correspondence from the State or other regulatory agency related to site
inspections;
g. Unusual occurrences;
h. Publicity and promotion for each event.
t Additionally, at the end of each six month period, the County shall provide the City with
a detailed update on expenses for each budget component and revenues from each source
for the previous six months.
County will respond to any reasonable request by the City at no additional cost for
information or reports on participation, waste types or waste quantities or other reasonable
requests for information needed to satisfy AB939 reporting requirements based on data
currently being collected by the County.
VII. LAWS
County and its Contractor shall comply with all applicable laws and regulations, including
but not limited to environmental laws and the provisions of California Health and Safety
Code §§25218 through 25218.10.
Contact for Household Hazardous Exhibit A
Waste Collection Services 6 Scope of Work
EXHIBIT B
. BUDGET
Contra Costa Household Hazardous Waste Program
FY 1996/97
County agrees to perform services in accordance with Budget in Table B-1 and B-2. Cost
shall not be shifted between budgets in table B-1 and B-2. County shall not exceed total
budgets without notification and concurrence of Subscribers.
TABLE B - 1
PROGRAM SUPPORT COSTS BY COUNTY
Staff $126,522
Truck $2,100
Program Supplies $3,300
Mileage $2,400
Phones $6,200
Indirect Costs $20,000
Total Support Costs $160,522
TABLE B -2
EVENT COSTS
Contractor Staff&Disposal $161,700
County Event Staff $20,148
Program Promotion $11,369
Event Supplies $10,000
Portable Toilet provided $840
Used Oil Recycling $0
Paint Reprocessing $14,600
Total Event Costs $218,657
Total Support Costs $160,522
Total Event Costs $218,657
Total Program Cost $379,179
Contract for Household Hazardous Exhibit B
Waste Collection Services 1 Budget
Description of Use of Staff Funds
County Staff includes:
One HHW Manager at 80% time
One Hazardous Materials Specialist at 70% time
One Clerk at 100% time
County Event Staff- event technicians, clerks to check appointments and conduct
surveys
Contractor Staff and Disposal includes:
Three Chemists
One Technician
Transportation and disposal of non-recyclable acceptable wastes
Paint Reprocessing includes:
Direct cost of reprocessing paint by a paint manufacturer
c
Contract for Household Hazardous Exhibit B
Waste Collection Services 2 Budget
TABLE B-3
FEE SCHEDULE
JURISDICTION PROGRAM FEES
FOR FY 1996/97
Antioch $45,705
Brentwood $7,608
Pittsburg $29,987
San Ramon $26,938
West Contra Costa Waste $147,211
Management Authority*
Unincorporated East, Rodeo & $88,229
Kensington
FY 95/96 Remaining Funds $75,551
Total Fees for Program $379,179
* The West Contra Costa Integrated Waste Management Authority represents the five
Cities of El Cerrito, Hercules, Pinole, Richmond and San Pablo, as well as the
unincorporated areas of West County (excluding Rodeo and Kensington).
Contract for Household Hazardous Exhibit B
Waste Collection Services 3 Budget
EXHIBIT C
INSURANCE
County shall procure and maintain and/or require that its Contractor procure and maintain
for the duration of the Agreement insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder
by the County, its agents, representatives, employees or Contractor and subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence
form CG 0001).
2. Insurance Services Office form number CA 0001. (ED.1/87)covering Automobile
Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
` Employer's Liability Insurance.
Minimum Limits of Insurance
County and/or its Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form
with a general aggregate limits is used, either the general aggregate limit shall
apply separately td this Program or the general aggregate limit shall be twice the
required occurrence limit.
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2. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
3. Employers Liability: $1,000,000 per accident for bodily injury or disease.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to
contain the following provisions:
1. The City, cities named in Exhibit B but not party to this Agreement, Advisory
Committee, their committee members, council members, directors, officers,
officials, employees, and volunteers are to be covered as insureds with respect to
liability arising out of automobiles owned, leased, hired or borrowed by or on
behalf of the County and/or its Contractor and with respect to liability arising out
of work or operations performed by or on behalf of the County and/or its
Contractor including materials, parts or equipment furnished in connection with
such work or operations.
General liability coverage can be provided in the form of an endorsement to the
County's and/or Contractor's insurance, or as a separate owner's policy.
2. For any claims related to this Program, the County's and/or its Contractor's
insurance coverage shall be primary insurance as respects the City, cities named
in Exhibit B but not party to this Agreement, Advisory Committee, their
committee members, council members, directors, officers, officials, employees,
and volunteers. Any insurance or self-insurance maintained by the City, the cities
named in Exhibit B but not party to this Agreement, Advisory Committee, their
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committee members, council members, directors, officers, officials, employees,
and volunteers shall be excess of the County's and/or its Contractor's insurance
and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be canceled by either party, except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to the
City.
State Compensation Insurance Fund forms for Waiver of Subrogation shall be endorsed
in favor of the City, the cities named in Exhibit B but not party to this Agreement, Advisory
Committee, their committee members, council members, directors, officers, officials,
employees, and volunteers or other appropriate forms concerning workers' compensation
insurance shall be so endorsed. State Compensation Insurance Fund Forms for Certificate of
' Notice shall be endorsed in favor of the City or other appropriate forms concerning Workers'
Compensation Insurance shall be so endorsed.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
Verification of Coverage
County and/or its Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this clause. The endorsements should
be on forms provided by the City or on other than the City' forms, provided those endorsements
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or policies conform to the requirements. All certificates and endorsements are to be received
and approved by the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, including endorsements effecting
the coverage required by these specifications at any time.
Subcontractors
County and/or its Contractor shall include all subcontractors as insureds under its policies
or shall furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
t
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