HomeMy WebLinkAboutMINUTES - 03161993 - 1.51 TO: BOARD OF SUPERVISORS �`- �E �_ Contra
FROM: John H. deFremery, Agricultural Commissioner
Director Weights & Measures Costa
9:..�. Count
March 3 1993 " Y
DATE: i U` `
SUBJECT: Agreement Between the County and MSE Environmental, Inc . for an
Agricultural Chemical Disposal Day
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND.AND JUSTIFICATION
RECOMMENDATION
Authorize the Chair of the Board of Supervisors, pending County Counsel approval,
to execute an Agreement between the County and MSE Environmental, Inc. The
Agreement will provide a one time, one day Agricultural Chemical Disposal event in
Contra Costa County. The cost of the agreement will be funded entirely through
fees paid by participants in the event.
BACKGROUND
On January 26, 1993, the Board of Supervisors authorized the County Department of
Agriculture to co-sponsor an Agricultural Chemical Disposal Day with the University
Cooperative Extension and the Contra Costa County Farm Bureau. This action was
taken in order to take advantage of Assembly Bill 2292, Hannigan, (chaptered
September 1992) . This bill provides an opportunity for counties to facilitate the
disposal of unwanted agricultural chemicals . It expands,on previous opportunities
by increasing the scope of those who can participate under its provisions to
include government agencies, parks cemeteries, and golf courses .
The Board recognized that hazardous waste storage, transportation, and disposal
have become major issues for many industries in recent years . These issues impact
the local agricultural industry as well as government agencies, parks, cemeteries,
and golf courses who use agricultural chemicals . Many are faced with storage and
disposal of chemicals which are no longer registered for their crop or no longer
registered for use in California.
The agreement with MSE Environmental, Inc has been developed to provide this
opportunity at the participants expense.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 16 /fAPPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
y 1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISO ON THE DATESHOWN.
CC: Contact: E. Heyer ATTESTED ���3
646-5250 PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88)
BY
,DEPUTY
1 -51
DEPARTMENT OF AGRICULTURE
Contra Costa County
Date: March 4 , 1993
To: Phil Batchelor, County Administrator
Attn: Lisa Discoll
From: John H. deFremery, Agricultural Commissione
Director Weights & Measures
Subject: Agricultural Chemical Waste Collection
The purpose of this memo is to request your Board to authorize a
Waste Management Agreement with MSE Environmental, Inc.
Contract Number 51593 will establish a one day program whereby
Agricultural Chemical Waste may be collected as provided by
Assembly Bill 2292, Hannigan, (chaptered September 1992) . The
contract provides a means for the agricultural industry, government
agencies, school districts, golf courses, and cemeteries to
legally dispose of unwanted chemicals under a "streamlined"
regulatory process . The cost of the contractor' s services is paid
entirely by fees collected from participants .
RECOMMENDATION
It is recommended that the Board approve the aforesaid Agreement.
Please have your Board Chair sign all three copies and return them
to our office for processing.
JdF:em
1 -51
AGENDA ITEM March 16, 1993 XXX CONSENT (Agreements & Contacts NO,
Date Category
DETERMINATION
CORRESPONDENCE
INFORMATION
W�
APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute an
Agreement r MSE Environmental, Inc. to provide
a one time, one day Agricultural Chemical Disposal event in Contra
Costa County, the cost ofwhich will be funded entirely through fees
paid by participants in the event.
SubmittedKy
...:....... ...:....
CONTRA COSTA COUNTY
TO Vic Westman, County Couns ;6 3/12/93
FROM Dean Lucas SUBJKTMSE Environ. Contract
Attached for your approval as to form is an
agreement with MSE Environmental , Inc.
This matter is on the Board' s 3/16/93
agenda as item 1 . 51 (Order attached) .
Thank you. OV�Xy ��u+ng0�
G
MAR � "1993 -
mMa
0ez, CA 94553
Attach/ment
cc: L Driscoll
SIGNED
-PLEASE REPLY HERE
TC i�/` Y�^ CA. DAT3 ✓
cll- 7S7 �
SIGNED
INSTRUCTIONS-FILL IN TOP PORTION,REMOVE DUPLICATE IYELLOWI6AND FORWARD REMAINING
PARTS WITH CARBONS. TO REPLY, FILL IN LOWER PORTION AND SNAP OUT CARBONS.,RETAIN
TRIPLICATE(PINK)AND RETURN ORIGINAL. 'ORMrn103 QS
CONTRA COSTA COUNTY
COUNTY CONTRACT NUMBER 51593
WASTE MANAGEMENT AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 1993, by and between CONTRA COSTA COUNTY, a political
subdivision of the State of California, hereinafter referred to
as "COUNTY" , and MSE Environmental, Inc. , hereinafter referred to
as "CONTRACTOR" . The proposal dated March 1, 1993 by MSE
Environmental, Inc. for the 111993 Contra Costa County
Agricultural Collection Program is hereinafter referred to as
"Exhibit A" .
WITNESSETH:
1 . COUNTY is concerned about the safe collection and permanent
disposal of collected chemical waste and wishes to provide
the public with a means of safe collection and disposal of
those wastes; and
2 . CONTRACTOR represents and warrants that it has sufficient
and requisite experience, personnel, education, license,
registration, permits, equipment, and knowledge to safely
and lawfully collect, package, transport and dispose of all
agricultural chemical waste which will or may be tendered or
submitted for disposition by residents of the COUNTY.
NOW, THEREFORE, in consideration of the mutual promises,
covenants and conditions hereinafter set forth, it is agreed by
and among the parties hereto as follows :
1 . SERVICES TO BE PROVIDED BY CONTRACTOR:
The CONTRACTOR agrees to furnish COUNTY the following
services including, but not limited to, the following:
A. CONTRACTOR will furnish all necessary and appropriate
personnel and properly certified equipment to safely
and lawfully collect, handle, package, transport, and
dispose of all agricultural wastes, hereinafter
referred to as "WASTE" , which may be tendered or
submitted at the time and place designated in this
Agreement, hereinafter referred to as "DAY" , as
specifically described in the attached Exhibit A which
is incorporated by reference as though fully set forth
herein. CONTRACTOR will arrive at SITE in sufficient
time to properly set up operations so that WASTE may be
collected at the SITE commencing at the date and time
specified in Exhibit A. CONTRACTOR will remain at the
SITE until all WASTE accepted during operational hours
of the collection program are properly handled,
packaged and transported.
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B. CONTRACTOR will provide sufficient containers approved
by the Department of Transportation suitable for
transporting and disposing of liquid and solid WASTE.
The number of drums provided shall be adequate to
accommodate all WASTE delivered to the collection site
on the DAY. Bulking and packaging of materials shall
be done in containers of fifty-five (55) gallon
capacity or less for liquids and one cubic yard or less
for solid materials .
C. CONTRACTOR will provide a sufficient number of properly
trained attendants to complete the duties of CONTRACTOR
under this Agreement as necessary to complete the
handling, packaging, and transportation of WASTE
collected on the DAY. CONTRACTOR will be deemed to
have provided a sufficient number of properly trained
attendants if the duties of CONTRACTOR can be completed
within the time frame of the DAY, including the removal
of all materials and equipment of CONTRACTOR from the
SITE.
D. CONTRACTOR shall reject any wastes that cannot be
legally removed for disposal from the SITE upon
completion of the DAY. At the time CONTRACTOR takes
possession of the waste materials from the place of
transfer, or at the time CONTRACTOR accepts delivery of
the waste materials at the designated storage or
disposal facility, whichever circumstance is
applicable, risk or loss and all other incidents of
possession of the waste materials shall be vested in
CONTRACTOR. Unless rejected by CONTRACTOR, all wastes
tendered or submitted shall be conclusively considered
accepted by CONTRACTOR and shall thereafter be the sole
responsibility of CONTRACTOR to safely and lawfully
collect, transport and dispose of. Provisions will be
made by CONTRACTOR to provide personnel who will
properly inspect, treat and prepare any hazardous
materials before transporting these materials from the
collection site premises.
E. Provision will be made by CONTRACTOR to provide
inspection services and to reject any waste deemed
unacceptable for collection, handling, packaging and
transporting by CONTRACTOR, including, but not limited
to, any materials which are unknown or unidentified or
which may be dioxin or dioxin precursors, such as
pentachlorophenol 2,4,5-T, Silvex, etc. CONTRACTOR
will not accept at SITE any materials deemed
unacceptable for immediate disposal . Unacceptable
materials must be taken from the SITE by the
owner/participant of such materials, and they will not
be handled by CONTRACTOR as a part of this Agreement.
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F. All WASTE handling procedures related to this Agreement
shall be in compliance with all applicable laws and
regulations .
G. CONTRACTOR shall be responsible for removal and
disposal of WASTE to an authorized disposal SITE.
CONTRACTOR shall provide all laboratory services
required for proper inventorying, identification, and
cataloging of WASTE collected at the DAY.
CONTRACTOR shall also be responsible for removal and
disposal of all waste it creates in performing the
services under this agreement, such as, but not limited
to, protective clothing, material boxes, and site
coverings, all of which shall be disposed of by
CONTRACTOR in compliance with all applicable laws and
regulations .
H. The CONTRACTOR warrants that: it understands the
currently known hazards which are presented to persons,
property and environment in the transportation, storage
and treatment/disposal of the described WASTE
materials . It will transport, store and treat/dispose
of such in full compliance with all governmental laws,
regulations and orders .
I . CONTRACTOR, its employees and subcontractors, shall
comply with the COUNTY' s safety and procedures while on
the collection site premises, provided such procedures
have been delivered, in writing, to CONTRACTOR to the
extent feasible, seven (7 ) days prior to the DAY.
2 . REPRESENTATIONS AND WARRANTIES :
CONTRACTOR represents and warrants that it has sufficient
and requisite experience, trained personnel, licenses,
registrations, permits, equipment and knowledge to safely
and lawfully collect, handle, package, transport and dispose
of all WASTE submitted for disposition by residents of
COUNTY on DAY.
COUNTY represents and warrants that it will perform the
duties set out in this Agreement to the best of its ability.
If COUNTY has actual knowledge of a hazard or risk incident
to the handling, transportation or disposal of the WASTE
materials, the same will be made known immediately to
CONTRACTOR.
3. LICENSE:
CONTRACTOR shall secure and maintain throughout term of this
Agreement all licenses, permits, qualifications, and
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approvals of whatever nature are legally required for
CONTRACTOR to operate or to perform the services required in
this AGREEMENT.
4 . STANDARDS OF PERFORMANCE:
CONTRACTOR shall perform all services required pursuant to
this Agreement in the manner and according to the
requirements of law and the standards of the industry in
which CONTRACTOR is engaged. All work which the CONTRACTOR
performs shall conform to all legal requirements and to the
standards of safety and quality normally practiced in the
collection and disposal of hazardous waste. In the event of
a conflict between the requirements of law and industry
standards, the requirements of law shall prevail and be
observed.
5 . ASSIGNMENT OR SUBLETTING:
No performance of this Agreement or any portion thereof may
be assigned or subcontracted by CONTRACTOR without the
express written consent of COUNTY and any attempt by the
CONTRACTOR to assign or subcontract or sublet any
performance of this Agreement without the express written
consent of COUNTY shall be null and void and shall
constitute a breach of this Agreement. Whenever the
CONTRACTOR is authorized to subcontract or assign or sublet,
it will include all the terms of this Agreement in any such
subcontract or assignment or subletting. Provided, however,
it is expressly agreed that other subsidiaries (of MSE
Environmental, . Inc. ) may perform SERVICES under the terms of
this Agreement.
6 . INDEMNITY
The CONTRACTOR shall indemnify, defend and hold harmless the
COUNTY of Contra Costa its officers, agents and employees
from any loss, liability, claim, injury, damage or
regulatory fine arising out of, or in connection with this
Agreement by Contractor and/or its agents, employees, or
subcontractors, excepting only loss, injury or damage caused
by the sole negligence or sole willful misconduct of the
COUNTY. It is the intent of the parties to this Agreement
to provide the broadest possible indemnity for the benefit
of COUNTY. The CONTRACTOR shall reimburse the COUNTY for
all costs, attorneys ' fees, expenses and liabilities
incurred with respect to any litigation in which the
CONTRACTOR is obligated to indemnify, defend and hold
harmless the COUNTY under this agreement.
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7 . INSURANCE
Prior to commencement of this Agreement, the CONTRACTOR
shall provide an original Certificate of Insurance
certifying that coverage as required herein has been
obtained and remains in force for the period required by
this Agreement.
With respect to performance of work under this Agreement,
CONTRACTOR shall maintain and shall require all of its sub-
contractors to maintain insurance with insurance carriers
acceptable to the COUNTY and with a Best Rating of no less
than A:VII , unless otherwise approved by the COUNTY. All
policies required shall not be canceled without first giving
thirty days prior written notice to the Contra Costa County
Department of Agriculture.
1 . Workers ' Compensation insurance with statutory limits
as required by the Labor Code of the State of
California.
2 . Comprehensive General Liability insurance including
Blanket Contractual Broadform Property Damage and
Environmental Impairment Liability insurance covering
bodily injury and property damage, utilizing an
occurrence policy form, in an amount no less than five
million dollars ( $5,000,000) per occurrence and no less
than five million dollars ($5,000, 000) annual aggregate
for General Liability and in an amount no less than one
million dollars ( $1, 000,000) per occurrence and no less
than one million dollars ($1,000, 000) annual aggregate
for Environmental Impairment Liability. Said policies
shall be endorsed with the following specific language:
a. Contra Costa County, the Contra Costa County Farm
Bureau, and the University of California
Cooperative Extension, and these entities '
officers, agents and employees are named as
additional insureds for all liability arising out
of the operations by or on behalf of the named
insured in performance of this Agreement.
b. The inclusion of more than one insured shall not
operate to impair the rights of one insured
against another insured, and the coverage afforded
shall apply as though separate policies had been
issued to each insured, but the inclusion of more
than one insured shall not operate to increase the
limits of the carrier' s liability.
C . The insurance provided herein is primary coverage
to Contra Costa County, the Contra Costa County
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Farm Bureau, and the University of California
Cooperative Extension with respect to any
insurance or self-insurance held by these
entities .
3 . Automobile Liability insurance covering bodily injury
and property damage in an amount no less than one
million dollars ($1,000,000) combined single limit per
occurrence. Said policy shall be endorsed with the
following specific language:
a. The Contra Costa County, its agents, employees and
volunteers are named as additional insureds for
all liability arising out of the operations by or
on behalf of the named insured in performance of
this agreement.
8 : INDEPENDENT CONTRACTOR STATUS:
CONTRACTOR and any agents and employees of CONTRACTOR will
be considered independent contractors while providing the
services under this Agreement and shall not be construed or
considered to be agents or employees of the COUNTY.
CONTRACTOR, its agents and employees, shall have no
authority, expressed or implied, to act on behalf of the
COUNTY or to bind the COUNTY to any obligation on behalf of
the COUNTY or to bind the COUNTY to any obligation
whatsoever. As an independent contractor, CONTRACTOR is not
subject to the direction and control of the COUNTY except as
to the final results . COUNTY may not require CONTRACTOR to
change its manner of doing business, but may require
CONTRACTOR to redirect its efforts in order to accomplish
what it has promised to do under this Agreement.
9 . TIME
Time is of the essence of this Agreement.
10 . MODIFICATIONS:
No modification or variation of the terms of this Agreement
shall be valid unless made in writing and pursuant to an
agreed upon change order procedure.
11 . PREVAILING CONTRACT PROVISIONS;
The Request For Proposal (Exhibit B) by the COUNTY and
CONTRACTOR' s Response to the request (Exhibit A) , are hereby
expressly incorporated by reference and made a part of this
Agreement. In the event of a conflict between the terms of
Exhibit A, Exhibit B, and this Agreement, the terms of this
Agreement shall prevail, with the Terms of Attachment B next
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prevailing. All parties acknowledge that the insurance
requirements in this Agreement differ from the insurance
requirements in Exhibit B (Request for Proposal) , and that
the insurance requirements of this Agreement shall prevail .
The insurance requirements of Exhibit B are of no force or
effect.
CONTRACTOR acknowledges that, upon award of this Contract,
the Response is subject to the public record act provisions .
12 . COMPENSATION
CONTRACTOR will provide log sheets on which CONTRACTOR will
indicate the description of all materials delivered by each
PARTICIPANT, and the approximate weight Of the material
accepted by CONTRACTOR. The log sheets shall indicate the
total charges to be paid by PARTICIPANT for all accepted
materials . The fees for each participant will be collected
by the COUNTY in accordance with the log sheet provided by
CONTRACTOR, if so required by Exhibit A herein.
CONTRACTOR shall be entitled to payment for actual materials
accepted by CONTRACTOR based upon the log sheets such that
CONTRACTOR will receive compensation as provided in Exhibit
A.
CONTRACTOR shall submit to the COUNTY an invoice for the
entire amount of compensation due for the DAY, as set forth
in Exhibit A. CONTRACTOR shall be paid the total sum due
within thirty ( 30) days of receipt of the invoice.
13 . COUNTY'S RESPONSIBILITY
COUNTY will provide the SITE for the collection of WASTE for
the DAY. COUNTY, with the assistance of CONTRACTOR, will
apply for necessary permits to operate the SITE. COUNTY
will be the hazardous waste generator for purposes of the
WASTE collected on the DAY. COUNTY shall serve as a
treasurer for the monies collected by COUNTY and a warrant
for the compensation due CONTRACTOR shall be drawn by COUNTY
for the services provided under this Agreement.
COUNTY will coordinate publicity for the DAY with
CONTRACTOR. COUNTY may also coordinate volunteers utilized
for various support services for the DAY, if so specified in
Exhibit A. COUNTY may collect monies from participants for
the disposal of WASTE and transfer to COUNTY.
14 . DISCRIMINATION:
CONTRACTOR agrees to comply with all federal, state, and
local laws and regulations such that there will be no
discrimination against an applicant for employment, an
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employee or any client using CONTRACTOR' S services because
of race, color, sex, marital status, handicapped, or
national origin.
15 . TERM:
The term of this Contract shall commence upon execution of
this Agreement and shall continue as specified in Exhibit A.
16 . EXCUSE OF PERFORMANCE:
The performance of this Agreement, except for the payment of
money for services already by CONTRACTOR, may be suspended
by either party in the event the delivery or transportation
of the described WASTE materials, or transportation, storage
or disposal of such materials by CONTRACTOR are prevented by
a cause or causes beyond the reasonable control of such
party. Such causes shall include, but not be limited to:
acts of God, acts of war, riot, fire, explosion, accident,
flood or sabotage, ; lack of adequate fuel, power, raw
materials, labor or transportation facilities; governmental
laws, regulations, requirements, orders, or actions;
breakage or failure of machinery or apparatus; injunction
(provided that neither party shall be required to settle a
labor dispute against its own best judgement) .
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
FOR CONTRACTOR FOR COUNTY
/�Abz'41� x law
Signature Signature
Frank W. Doerfler, Jr. Tom Torlakson
Typed or Printed Name Typed or Printed Name
Chair. Board of Supervisors
President
Title Title
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