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HomeMy WebLinkAboutAGENDA REPORT 1999 0505 CC REG ITEM 11CCity of Moorpark Agenda Report ITEM CITE' OF ANIZOORRA, F� K, CALIFORNIA City Confleu Nieefing of - " ACTION: WIN TO: The Honorable City Council FROM: John Brand, Senior Management Analyst DATE: April 2.8, 1999 (CC meeting of May 5, 1999) SUBJECT: Consider an Agreement Between the Cities of Moorpark, Simi Valley, Thousand Oaks and the County of Ventura, and Safety Kleen for regular monthly Household Hazardous Waste (HHW) Collection Services. SUMMARY If approved, this Agreement (see Attachment A) would allow Moorpark residents to properly dispose of Household Hazardous Waste (HHW) at monthly events in Thousand Oaks in addition to the monthly HHW events in Simi Valley. The Thousand Oaks HHW events are held at the City of Thousand Oaks Municipal Services Center, 1993 Rancho Conejo Blvd., Newbury Park, on the first Saturday of each month. BACKGROUND The East County Cities and the County recently began monthly Household Hazardous Waste (HHW) events in Simi Valley. The events in Simi Valley are held on the third Saturday of the month. Prior to this year, the City of Moorpark sponsored annual HHW round ups in the Metrolink parking lot through a Cooperative Agreement between the County, and the Cities of Simi Valley and Thousand Oaks. Residents could also attend similar annual HHW events_ in neighboring cities. As most HHW events occur in spring, there were many months when residents had no means to dispose of HHW. The demand grew for more convenient and appropriate means of disposing of HHW, resulting in the switch to monthly HHW events. The City's on -going public awareness effort is to educate Moorpark residents on waste reduction, reuse, recycling and to avoid improper disposal of materials that may harm the environment. The disposal of HHW materials into landfills is prohibited. 0 08? HHW Facility CC Meeting of May 5, 1999 Page 2 On average, about twenty Moorpark residents participate in, the monthly events in Simi Valley. Appointments are required at these events because the capacity to accept material is limited. The Simi Valley event for last month filled early and stopped taking appointments two weeks before the event. Consequently, a number of Moorpark residents wishing to participate in proper HHW disposal had to wait a month in order to drop off their hazardous materials. The events in Thousand Oaks will provide an additional opportunity for Moorpark residents to dispose of HHW. DISCUSSION If approved, the Agreement (Attachment A) would institute eleven monthly HHW collection events per year at the City of Thousand Oaks Municipal Services Center, 1993 Rancho Conejo Blvd., Newbury Park on the first Saturday of each month, except December. By having less than twelve events per year, it allows the site to qualify for a less stringent state permitting requirement. Technically, -each monthly HHW collection event is a separate temporary event. Only a minimal amount of permanent site improvements will be made. The improvements will be sufficient to facilitate set up, processing and temporary storage of HHW materials. There will also be on -site storage of supplies between monthly HHW events. This Agreement is consistent with the previous Agreements entered into by the cities and the county for HHW services. The term of the Agreement is to June 30, 2001. The contractor, Safety Kleen, is a major national firm in the field of hazardous materials handling. They acquired Laidlaw Environmental Services and their staff, who had provided HHW services under a pervious Agreement. The County historically keeps two HHW vendors under contract. Host jurisdictions can then choose which one they prefer. In this case, Thousand Oaks selects Safety Kleen. The City of Simi Valley chose the other firm, AETS. Both cities are pleased with the services provided by the firms they chose. The only significant change in this Agreement is the switch from one annual event in each city to eleven monthly events. The HHW collection events in Thousand Oaks are to be held on the first Saturday of the month, January through November. There will not be a collection event in December. December was chosen as the off month due to weather and holiday considerations. The HHW events in Simi Valley are held on the third Saturday of the month, also eleven times per year. The plan is for events to be held every month except December at both Simi Valley and Thousand Oaks. HHW Facility CC Meeting of November 18, 1998 Page 3 The per - vehicle cost will be less than the $64..92 per vehicle cost last year for similar events. This will allow for a combination of savings and increased participation by Moorpark residents with no additional expenditure. The first year cost under the new arrangement would be on a volume -based scale (see Rate Schedules on page 29 of Exhibit A.) Based on the average volumes at previous events, staff anticipates the cost to average less than $60.00 per vehicle. It may be prudent to assume that higher participation may result from the greater convenience offered-by the monthly events. The Thousand Oaks HHW events plan to accept small business HHW (for a fee), in the future. This is consistent with the City's past practice of allowing qualified small business participation at HHW events. Small business hazardous waste (by definition less certain limits generated per year) is called Conditionally Exempt Small Quantity Generator ( CESQG) service. Each year one or two qualifying Moorpark businesses request the opportunity to drop off their materials at an event. CESQG customers must pay for the disposal of their materials. The City pays for residential HHW disposal from the AB 939 collected from solid waste accounts. The only option for businesses large or small at this time is to contract directly with -a facility or hazardous waste processor. Staff believes that having the eleven monthly events in both Thousand Oaks and Simi Valley will provide more comprehensive, more convenient HHW collection services to Moorpark residents at less cost to the City. RECOMMENDATION Approve the Agreement between the City of Moorpark, the City of Simi Valley, the City of Thousand Oaks and the County of Ventura, and Safety Kleen, for Provision of Regional Household and Conditionally Exempt Small Quantity Generator ( CESQG) Hazardous Waste Collection Program Services, and authorize the Mayor and Staff to execute the Agreement. HHW Regional Services TO 00C U HHW Facility Attachment A AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE CITY OF SIMI VALLEY AND THE CITY OF THOUSAND OAKS AND THE COUNTY OF VENTURA, AND SAFETY -KLEEN (CALIF ORNIA),,INC., INCORPORATED FOR PROVISION OF REGIONAL HOUSEHOLD AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR (CESQG) HAZARDOUS WASTE COLLECTION PROGRAM SERVICES THIS AGREEMENT made this day of in the year 1999, by and between the City of Moorpark, and the City of Simi Valley, and the City of Thousand Oaks, legal entities' organized and existing in the County of Ventura, and the County of Ventura, under and by virtue of the laws of the State of California, hereinafter designated as the SPONSORS, and Safety-Kleen (California), Inc., Incorporated, hereinafter designated as the CONTRACTOR. The previous agreement between SPONSORS and Laidlaw Environmental Services of California, dated September 17, 1997, for the collection of household and CESQG hazardous waste, is hereby terminated as of the date this AGREEMENT commences in accordance with Article 2, hereof. Each SPONSOR and the CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - THE SCOPE OF SERVICES The CONTRACTOR and each SPONSOR shall complete the Scope of Services as specified and herein incorporated as EXHIBIT A: Section I SCOPE OF SERVICES Definitions Services for HHW Temporary Collection Events Services for CESQG Waste Collection Events Section 1I PERSONNEL, EQUIPMENT AND SUPPLIES Organization Chart CONTRACTOR Personnel Temporary Personnel Services . CONTRACTOR and SPONSORS Equipment and Supplies Section IH LIST OF HAZARDOUS WASTE TRANSPORTERS Section IV LIST OF HAZARDOUS WASTE MANAGEMENT FACILITIES Section V WASTES MANAGEMENT METHODS Section VI RATE SCHEDULES Pricing Matrix for Acceptable Wastes for HHW Temporary Event Staffmg and Participation Service Levels Matrix for HHW Temporary Collection Event Charges for Unacceptable Wastes CONTRACTOR Provided Service Options Conditionally Exempt Small Quantity Generator Rate Schedule Section VII CITY /COUNTY FORMS Notice to Proceed - Regional Household Hazardous Waste Collection Program Notice to Proceed - Conditionally Exempt Small Quantity Generator Waste Collection Program Section VIII PERFORMANCE STANDARDS This agreement is not an exclusive services contract. SPONSORS reserve the right to contract at any time with any other person or entity to perform services otbeizN- ise provided herein. ARTICLE 2 - COMMENCEMENT AND COMPLETION The term of this Agreement shall commence for each SPONSOR on the day and date that its governing body has executed this Agreement and, unless terminated pursuant to Article 3, paragraphs 2 or 3, or Article 4, paragraphs 2, 4, 7, 10e, f, and h, shall expire on June 30, 2001, unless extended subject to mutual agreement between each SPONSOR and the CONTRACTOR. Notwithstanding the provisions of this section, the SPONSORS may terminate this Agreement at any time without cause by giving the CONTRACTOR ninety (90) days written notice in advance of such termination. If such notice is provided, the termination date shall be the ninetieth (90') day after the termination notice is deposited in the mail, postage prepaid, or is delivered to the other party, whichever is earlier. Specific services to be performed under this Agreement shall commence on the date specified by each SPONSOR in the Notice to Proceed and the services shall be deemed complete when accepted by each SPONSOR Approval of this Agreement by each SPONSOR does not obligate the SPONSOR to use the services made available by the CONTRACTOR. ARTICLE 3 - FUNDING COMMITMENT 1. Not -to- Exceed Charges for services provided to a SPONSOR by the CONTRACTOR during a fiscal year shall not exceed that SPONSOR'S fiscal year program budget for HHW and/or CESQG waste programs. Each SPONSOR shall only be liable for charges for CONTRACTOR provided program services and options specified by the SPONSOR in the Notice to Proceed using the Rate Schedules provided in Exhibit A, Section VI. Non - Appropriation of Funds Each SPONSOR's obligation hereunder shall be limited to the funds appropriated by the governing body of that SPONSOR for this purpose for each fiscal year in which this Agreement is in effect. In the event that the governing body of any one SPONSOR fails to so appropriate said funds, that SPONSOR's obligation hereunder shall terminate at the end of the fiscal year for which funds were appropriated, or as set forth in. Article 4, paragraph 7.of this Agreement, or at the end of this Agreement term, whichever occurs first. However, if funds are made available in a subsequent fiscal year, a SPONSOR may request services from the CONTRACTOR during that year in which funds are available. Non - appropriation of funds by any one SPONSOR does not relieve the CONTRACTOR from its obligation to perform the agreed upon services to the remaining SPONSOR(S) which have appropriated such funds. 3. Adjustment to Rate Schedules Each SPONSOR and the CONTRACTOR shall have the right to seek an adjustment in the Rate Schedules provided in Exhibit A, Section VI if any one party can demonstrate that the rates for services have decreased or increased in an amount equal to or in excess of 10 %. In such event, the party seeking an adjustment shall provide written notice of request for adjustment to charges to all other parties with written justification for the request. Notice must be provided at least sixty (60) days in advance of the application of the proposed adjustment. Upon receipt of such notice, each SPONSOR and the CONTRACTOR shall meet within ten (10) working days to negotiate the appropriate level of adjustments to charges. In the event that the parties cannot agree on the appropriate level of adjustment to charges, the CONTRACTOR may terminate its participation in this Agreement by providing one - hundred and eighty (180) calendar days notice to all parties. ARTICLE 4 - TERMS AND CONDITIONS The following terms and conditions shall apply: 1. CONTRACTOR Requirements The CONTRACTOR warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, and materials to carry out and complete the work hereunder in compliance with all federal, state, county, city, and special district laws, ordinances, and regulations which are applicable. 2. Non - Assignability The CONTRACTOR shall not assign, sell, hypothecate, lease, convey, or otherwise transfer or dispose of this Agreement, or its right, title or interest, or its power to execute such an Agreement to any individual or business entity of any kind without the previous written consent of each SPONSOR. No other subcontract shall be made by the CONTRACTOR "except as described in Exhibit A. Any attempt to assign, sell, hypothecate, lease, convey, or otherwise transfer or dispose of this Agreement without written consent is in violation of this section and may cause termination of this Agreement without prior notice. Work Delays Should the CONTRACTOR be obstructed or delayed in the work required to be done hereunder by changes in the Scope of Services or by any default, act, or omission of any one SPONSOR, or by strikes, fire,_ earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may be extended for such periods as may be agreed upon by each SPONSOR and the CONTRACTOR. 4. Labor Actions In the event that the CONTRACTOR is experiencing a labor action at the time of the award of the _contract (or if its suppliers or subcontractors are experiencing such a labor action), each SPONSOR reserves the right to terminate its participation in this Agreement without prior notice. 5. CONTRACTOR'S Obli ations The CONTRACTOR agrees to provide the services and to do everything required by this Agreement and Exhibit A. Without limiting the generality of the foregoing, the CONTRACTOR warrants on behalf of itself and all subcontractors engaged for the performance of this Agreement that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 6. Amendments Any amendment, modification, or variation from the terms of this Agreement shall be in writing. An amendment `to this Agreement may be executed between the CONTRACTOR and any one SPONSOR or SPONSORS to this Agreement and shall only be binding upon the CONTRACTOR and the executing SPONSOR or SPONSORS, provided that prior approval as to content of the amendment must be obtained from each SPONSORs PROGRAM DIRECTOR. PROGRAM DIRECTOR shall mean the Director of Public Works or his/her designee for the County of Ventura; the City Manager or his/her designee for the City of Moorpark; the Director of Community Services or his/her designee for the City of Simi Valley; and the Director of Public Works or his/her designee for the City of Thousand Oaks. Such approval shall be demonstrated by each PROGRAM DIRECTOR's signature on an approved as to content signature line on the amendment. Any PROGRAM DIRECTOR may seek the approval of its governing body for issues affecting its program costs, hazardous waste management facilities, or liability. Because of the need to provide supervision of CONTRACTOR'S performance and to respond to unexpected occurrences, such as receipt of unacceptable materials, unusually high participation rates, or collection of unusually large quantities of materials, the Governing Body of each SPONSOR hereby authorizes its PROGRAM DIRECTOR or his/her designee to designate a PROJECT MANAGER to coordinate execution of its collection 3. programs. The PROJECT MANAGER shall be authorized to act on behalf of its jurisdiction in all matters pertaining to collection programs including procedural or logistical changes to onsite operations, within the scope of the Agreement, should they be necessary. The PROJECT MANAGER shall be designated in the Notice to Proceed. In the event of a change in PROJECT MANAGERS, the CONTRACTOR shall be notified in writing by the PROGRAM DIRECTOR or his/her designee. 7. Termination Prior to Completion Each SPONSOR, by notifying the CONTRACTOR in writing, may upon ten (10) working days notice, terminate any portion or all of the services agreed to be performed by the CONTRACTOR for that SPONSOR under this Agreement. In the event of such termination, the CONTRACTOR shall have the right and obligation to immediately assemble work in progress for the purpose of winding up, the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by the terminating SPONSOR to the CONTRACTOR following submission of a final invoice by the CONTRACTOR. Termination by any one SPONSOR does not relieve the CONTRACTOR from its obligation to perform the agreed upon services to the non- terminating SPONSORS. This Agreement shall be considered terminated in its entirety only if all SPONSORS provide notification to the CONTRACTOR of such termination. Faithful Performance Bond Requirement The CONTRACTOR shall execute this Agreement and furnish a surety bond or irrevocable letter of credit in the amount of $200,000, guaranteeing the faithful performance of this Agreement which shall remain in force for the term of this Agreement. The CONTRACTOR shall be required to provide this surety bond or irrevocable letter of credit not later than twenty (20) working days after the final execution of this Agreement by the Governing Bodies of the SPONSORS. All extensions of time, extra work, additional work, and any other changes authorized by these documents may made without the consent of the surety. If, at such future time -the value of the bond or letter of credit is determined to be insufficient by the SPONSORS to guarantee faithful performance, the CONTRACTOR shall secure and file a new bond or letter of credit in the amount specified by the SPONSORS. The CONTRACTOR shall not cancel, modify, or allow the bond or letter of credit to expire without providing the SPONSORS thirty (30) days advance written notice and without, first obtaining a replacement bond or letter of credit which is satisfactory to the SPONSORS. Independent Contractor No relationship of employer and employee is created by this Agreement, it being understood that the CONTRACTOR is an independent contractor, and none of the persons performing services for CONTRACTOR pursuant to this Agreement, whether said person be member, partner, employee, subcontractor, or otherwise, shall have any claim under this Agreement or otherwise against any SPONSOR for sick leave, vacation pay, retirement benefits, social security, workers' compensation, disability, unemployment insurance benefits, or employee benefits of any kind. The CONTRACTOR, in the performance of its obligation hereunder, is subject to the control or direction of each SPONSOR merely as to the result to be accomplished by the services rendered and performed and not as to the means and methods for accomplishing the results. 10. Insurance Provisions Without limiting the CONTRACTOR'S indemnification of each SPONSOR, the CONTRACTOR shall, during the term of this Agreement, provide and maintain at its sole cost and expense the types of insurance specified subject to the following conditions: a. General Conditions - All insurance certificates, excluding Pollution Legal Liability and Worker's Compensation, shall name each SPONSOR, its elected officials, officers, agents, and employees as additional insureds. All insurance required shall be primary coverage as respects each SPONSOR, and any insurance or self - insurance maintained by each SPONSOR shall be in excess of CONTRACTOR'S insurance coverage and shall not contribute to it. 4 000693 b. Cancellation or Reduction in Coverage - The CONTRACTOR'S insurance shall not be cancelled, non- renewed, nor reduced in coverage or limits until after thirty (30) days written notice shall have been sent by the issuing insurance company via certified mail .(return receipt requested) to each SPONSOR at the following locations, and shall contain an unequivocal clause so stating: ATTN: DIRECTOR OF COMMUNITY SERVICES CITY OF SIMI VALLEY 2929 TAPO CANYON ROAD SIMI VALLEY, CA 93063 ATTN: DIRECTOR OF PUBLIC WORKS COUNTY OF VENTURA PUBLIC WORKS AGENCY 800 S. VICTORIA AVENUE VENTURA, CA 93009 -1600 ATTN: DIRECTOR OF SOLID WASTE COUNTY OF VENTURA SOLID WASTE MANAGEMENT DEPARTMENT 800 S. VICTORIA AVENUE VENTURA, CA 93009 -1650 ATTN: PUBLIC WORKS DIRECTOR CITY OF THOUSAND OAKS 2100 THOUSAND OAKS BLVD. THOUSAND OAKS, CA 91362 ATTN: DIRECTOR OF COMMUNITY SERVICES CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 If any changes in insurance coverage do not meet the minimum coverage outlined in subsection (h) below, this shall constitute a breach of this Agreement in which any -SPONSOR may take those actions .outlined in subsection (f) below: C. Workers' Compensation - The CONTRACTOR shall procure and maintain, during the life of this Agreement, workers' compensation insurance for all its employees engaged on or at the site of the project; and in case any of the work is sublet, the CONTRACTOR shall require all subcontractors to similarly provide workers' compensation insurance for all the latter's employees unless such employees are covered by protection afforded by workers' compensation insurance carried by the CONTRACTOR. The CONTRACTOR hereby certifies that it is aware of the provisions of Section 3700 et seq., of the. Labor Code which require every employer to be. insured against liability for Workers' Compensation. d. A regate Limits/Blanket Coverage - If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancy of the CONTRACTOR outside this Agreement, the CONTRACTOR shall give each SPONSOR prompt, written notice of any incident, occurrence, claim, settlement, or judgement against that insurance which may diminish the protection that such insurance affords each SPONSOR. The CONTRACTOR shall further take immediate steps restoring such aggregate limits or shall provide other insurance protection for such aggregate limits. e. Modification of Coverage - Each SPONSOR reserves the right at any time during the term of this Agreement executed with the CONTRACTOR to request an increase in the levels of insurance required hereunder on the policies of insurance required hereunder, by providing such written request to the CONTRACTOR ninety (90) days prior to the anticipated date coverage is requested. At the time the CONTRACTOR receives such request, the CONTRACTOR shall, within ten (10) working days, either respond in writing to the SPONSORS that it shall comply with the request through issuance of a revised Certificate of Insurance by the date coverage is requested, or shall respond in writing as to why the CONTRACTOR is unable or unwilling to comply with the SPONSOR'S or SPONSORS' request. If the CONTRACTOR declines to comply with the SPONSOR'S or SPONSORS' request for increased levels of coverage, the SPONSOR or SPONSORS may terminate its or their participation in this Agreement without prior notice. z f. Failure to Procure Insurance - CONTRACTOR'S failure to . procure or maintain required insurance shall constitute a material breach of this Agreement under which each SPONSOR may terminate its participation in this Agreement without prior notice or, each SPONSOR may procure or renew such insurance to protect its interests and pay any and all premiums in connection therewith and recover all monies so paid from the CONTRACTOR, or deduct all monies so paid from payments due the CONTRACTOR. g, Underlying Insurance - The CONTRACTOR shall be responsible for requiring indemnification and insurance as it deems appropriate from its employees receiving mileage allowance, consultants, agents, and subcontractors; if any, to protect the CONTRACTOR'S and the SPONSORS' interests, and for ensuring that such persons comply with any applicable insurance statutes. h. Evidence of Coveraae - The CONTRACTOR shall be required to provide the following insurance documents not later than ten (10) working days after the final execution of this Agreement by the governing bodies of the SPONSORS: certificates of insurance for all required coverage; additional insured endorsement; and thirty (30) days notice cancellation clause endorsement. Failure to provide these documents shall be grounds for termination without prior notice or suspension of this Agreement. The CONTRACTOR shall have insurance with the following minimum limits: Type of Insurance Coverage Limits COMMERCIAL GENERAL LIABILITY $1, 000, 000 CSL (must be written on an occurrence basis) $2,000,000 aggregate Includes personal injury, broad form property damage, products /completed operations, independent contractors, premises and operations, $100,000 fire legal liability, and Environmental Impairment Liability coverage for sudden releases up to $5,600, 000. CONTRACTUAL LIABILITY $1, 000, 000 CSL (must be written on an occurrence basis) COMMERCIAL AUTOMOBILE LIABILITY $2, 000, 000 CSL (must be written on an occurrence basis) Includes bodily injury and property damage applicable to owned, non - owned, and hired automobiles. Also includes uninsured /underinsured motorists coverage in the minimum amount of $100, 000. WORKERS' COMPENSATION $1,000,000 statutory limits Includes Employer's Liability 11. Substitution of Personnel CONTRACTOR personnel providing services as part of this Agreement are identified in Exhibit A, Section II. The CONTRACTOR shall not assign others to work in their place unless a written request for substitution is approved by the SPONSORS. Any substitution shall be with a person of demonstrated commensurate experience, knowledge, and training required for the job classification. 12. Service Monitoring Each SPONSOR shall have the right to review the work being performed by the CONTRACTOR under this Agreement at any time. Monitoring under this provision does not constitute approval of CONTRACTOR'S actions nor shall it relieve the CONTRACTOR of its responsibility for the thoroughness of the services to be provided hereunder. 000 E, 5Z 13. Anti- Discrimination In the performance of the terms of this Agreement, the CONTRACTOR agrees not to engage in, nor permit subcontractors employed to engage in discrimination in employment of persons because of the age, disability or handicap, race, color, sex, familial status, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. 14. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 15. Captions The captions or headings in this Agreement . are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of this Agreement. 16. Governing Law This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. 17. Audit Each SPONSOR, upon three days written notice, shall have the option of inspection and/or auditing all records and other written materials used by the CONTRACTOR directly relating to CONTRACTOR'S performance of services under this Agreement in preparing its invoices to each SPONSOR as a condition precedent to any payment to the CONTRACTOR. CONTRACTOR'S fee schedules for recycling/ treatment /disposal services shall be the documents utilized for purposes of an audit of any. waste management pricing under this Agreement. 18. INS Compliance CONTRACTOR warrants on behalf of itself and all subcontractors engaged for the performance of this Agreement that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 19. Business Tax CONTRACTOR shall comply with business license and business tax regulations as required by each SPONSOR. ARTICLE 5 - HOLD HARMLESS AND INDEMNIFICATION The CONTRACTOR shall indemnify and hold harmless each SPONSOR, its present and future officers, elected officials, directors, officials, employees and agents, and subcontractors and assignees (referred to jointly in this section as "INDEMNITEES ") from and against any liability, penalties, fines, forfeitures, demands, claims, causes of actions, suits, remediation and cleanup costs, and costs and expenses of any sort (including cost .of defense, settlement and attorney's fees) that any of the INDEMNITEES may hereinafter suffer, incur, be responsible for or pay out as a result of any injury of any sort, including but not limited to bodily injuries or death to any person, injury to property, or damage to the environment or natural resources (including without limitation contamination, pollution, or other adverse effects), that arises out of or is in any way connected directly or indirectly with CONTRACTOR'S negligent or otherwise wrongful acts or omissions during execution or performance of this Agreement or any part thereof, including, without limitation, the handling or management of any EVENT or related 7 000.11E S__ * site or personnel, or the collection, identification, handling, bulking, packaging, transport, disposal or recycling of HOUSEHOLD HAZARDOUS WASTE or any other waste of any type, or that arises out of or is any way connected directly or indirectly.with the CONTRACTOR'S strict liability or any other form of strict liability whatsoever with respect to disposal or processing or recycling of household hazardous waste or any other waste of any type. Without limiting the foregoing, this indemnity shall include indemnification for any liability arising out of violation or alleged violation of any state or federal law, statute, ordinance, order, rule, or regulation of any government entity or agency and any liability of any sort under the Federal Comprehensive Environmental Response, Compensation, and Liability Act, or any comparable provision of state or federal law that may be subsequently enacted or any rule or regulation promulgated thereunder. The indemnification provided in this section shall not include indemnification of a " particular INDEMNITEE where that INDEMNITEE's liability is based upon that INDEMNITEE's willful misconduct or active negligence and the CONTRACTOR is otherwise not at fault in any respect. ARTICLE 6 - ENTIRETY OF AGREEMENT This Agreement constitutes the entire Agreement between the-parties to the subject of this Agreement and amends and supersedes all previous agreements, promises, presentations, understanding and negotiations, whether written or oral, among the parties respect to the subject matter hereof. ARTICLE 7 - PAYMENT PROCEDURES 1. Invoicing Procedures for HHW TemporM Collection Events The CONTRACTOR's total charges for all services provided by the CONTRACTOR for each HHW temporary collection event shall include the total of all of, but not more than, the following: 1) the total charges for acceptable wastes determined by multiplying the number of participants by the total charges per participant, as calculated in accordance with Exhibit A, Section VI, subsection A; 2) the total charges for unacceptable wastes, if any, calculated in accordance with Exhibit A, Section VI, subsection C; 3) the total charges for extra on -site hours, if any, calculated in accordance with Exhibit A, Section VI, subsection B; and 4) the total charges for service options requested by the SPONSORS for the event, if any, calculated in accordance with Exhibit A, Section VI, subsection D. Following each temporary collection event, the County of Ventura shall provide to the CONTRACTOR the formula to be used to allocate between the County and the host SPONSOR the CONTRACTOR's total charges for the event. The CONTRACTOR shall then invoice the County and the host SPONSOR for each entity's share of the CONTRACTOR's total charges. The host SPONSOR shall be liable to and shall pay to the CONTRACTOR the host SPONSOR' allocated share, as calculated in accordance with this Section. The County shall be liable to and shall pay to the CONTRACTOR the remaining amount due the CONTRACTOR (the total amount less the host SPONSORSs share), subject to reimbursement by other jurisdictions, as further provided in this Section. The host SPONSOR and the County shall each pay the CONTRACTOR for the event upon presentation and all required reports by the CONTRACTOR, which include the master drum list, individual drum inventory sheets, copies of manifests, proof of acceptance of all material collected at the event, printout of the completed CIWMB Form 303 (including an electronic copy of the form on a format specified by the County), and any other charts, graphs and visual materials related to the work performed as requested by the SPONSORS. While the County and host SPONSOR shall pay the CONTRACTOR directly for the CONTRACTOR's charges, such charges shall ultimately be shared among the County, the host SPONSOR and other cities which are signatories to this Contract in accordance with this Section. Such charges shall be shared among the respective government jurisdictions as follows: 1) Each jurisdiction shall be responsible to pay an amount of the CONTRACTOR's charges for acceptable wastes, calculated by multiplying the total number of its residents who are participants in the event by the average charge per participant, calculated in accordance with Exhibit A, Section VI, subsection A. 2) Each jurisdiction shall be responsible to pay an amount of the CONTRACTOR's charges for unacceptable waste equal to the total charges for unacceptable wastes that were brought to the event by participants who are residents of that jurisdiction; and 3) For charges for extra on -site hours, service options or any other charges that cannot be attributable to a particular participant or where the residence of the particular participant cannot be determined, each jurisdiction shall be responsible to pay an amount equal to the total of such charges -multiplied by the ratio of participants in the event who are residents of the jurisdiction to the total number of participants in the event. For purposes of determining each jurisdiction's share of the charges as provided in this Section, any participant whose residence can be determined to be located in a jurisdiction outside of the jurisdiction of all of the government agencies that are signatories to this Contract shall be treated as residents of the host Jurisdiction. For purposes of this Section, "participant" shall mean any person (whether or not authorized and with or without appointments) who brings household hazardous waste to an event. The County shall invoice and be reimbursed by each such jurisdiction for its allocated share of such charges, as calculated herein, that were paid by the County to the CONTRACTOR, as provided in this Section 1 of this Article 7. With respect to this Contract and this Contract only, the provisions of this Section 1 of this Article 7, as to allocation of CONTRACTOR's charges for HHW, and Section 2 of this Article 7, as to payment of charges for CESQG waste, shall supercede the following provisions in that Memorandum of understanding between the SPONSORS herein entitled "Memorandum of Understanding Between The County of Ventura and the Cities of Moorpark, Simi Valley, and Thousand Oaks For A Cooperative Household Hazardous Waste (HHW) Collection Program," dated September 1995 (hereinafter "MOU "): Paragraph A, Section 1, and Paragraph C, Sections 1 through 3, of Article 3 of the MOU. All other provisions of the MOU shall remain in full force and effect as to this Contract and the MOU shall remain fully effective as to any other contract for the collection of HHW or CESQG waste. 2. Invoiciniz Procedures for CESOG Collection Events CONTRACTOR shall invoice each CESQG participant in accordance with the rate schedule provided in Exhibit A, Section VI to fully recover CONTRACTOR charges for CESQG program implementation as specified in Exhibit A, Section T; subsection C. CONTRACTOR shall accept payment from CESQG participants in the form of a check imprinted with the name of the business, cashier's check, money order, credit card, or cash. CONTRACTOR shall be fully responsible for the collection of payment from each CESQG participant. Failure of any CESQG participant to compensate the CONTRACTOR for services rendered shall be the sole responsibility of the CONTRACTOR. SPONSORS may elect to offset CESQG participant cost by providing a rebate to CESQG participants. If a rebate is provided by the SPONSORS, the CONTRACTOR shall invoice the SPONSORS for the total rebate amount provided to CESQG participants. The CONTRACTOR shall submit with its invoice proof of rebate provided to each CESQG participant. 3. Submittal and Payment of Invoices A complete and accurate invoice, including required reports, for all compensation due to the CONTRACTOR for services completed pursuant to this Agreement for each Notice to Proceed issued shall be submitted to the SPONSORS in accordance with the following schedule: for HHW temporary collection services, the completed invoices and reports are due to the SPONSORS no later than 30 days following the receipt of the allocation formula from the County of Ventura; and, for CESQG collection services, a completed invoice for any SPONSOR approved rebates shall be submitted no Iater than 30 days following the completion of the CESQG event. Total compensation due to the CONTRACTOR for services rendered shall be decreased as follows for all late invoices submitted by the CONTRACTOR: 9 Days Later than 30 Days Compensation Reduction 1 -30 5% 31 to 60 10% 61 -90 15% 91 -120 20% 121 -150 25% 151 -180 30% More than 180 100% For all invoices submitted, the County and the host SPONSOR shall accept or reject invoices within ten (10) working days after receipt of the invoice. If the CONTRACTOR receives no response within ten (10) days, the invoice is deemed accepted. ContractorThe County and the host SPONSOR reserves the right, upon notification to the CONTRACTOR, to extend their invoice -review period beyond ten (10) working days without penalties should the County and the host SPONSOR determine that extensive review is required. If the invoice is rejected, CONTRACTOR has three days to resubmit invoice with correction; otherwise the reduction or changes requested by the SPONSOR shall be implemented as indicated above. Payment for all invoices received shall be made with the following provisions: a. The City of Moorpark - The City's payment terms are 30 days from the receipt and acceptance of an original invoice referencing the City's Purchase Order number and acceptance of the materials, supplies, equipment, or services (Net 30). Invoices shall be sent to: ATTN: DIRECTOR OF COMMUNITY SERVICES CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 b. The City of Thousand Oaks - The City's payment terms are 30 days from the receipt and acceptance of an original invoice referencing the City's Purchase Order number and acceptance of the materials, supplies, equipment, or services (Net 30). Invoices shall be sent to: . ATTN: PUBLIC WORKS DIRECTOR CITY OF THOUSAND OAKS 2100 THOUSAND OAKS BLVD. THOUSAND OAKS, CA 91362 C. The City of Simi Valle- The City payment terms are 30 days from the receipt and acceptance of an original invoice referencing the City Purchase Order number and acceptance of the materials, supplies, equipment, or services (Net 30). Invoices shall be sent to: ATTN: ADMINISTRATIVE OFFICER, COMMUNITY SERVICES CITY OF SIMI VALLEY 2929 TAPO CANYON ROAD SIMI VALLEY, CA 93063 . d. The County of Ventura - The County's payment terms are 30 days from the receipt and acceptance of an original invoice referencing the County's Purchase Order number and acceptance of the materials, supplies, equipment, or services (Net 30). Invoices shall be sent to: ATTN: SOLID WASTE ADMINISTRATIVE ASSISTANT COUNTY OF VENTURA 800 SOUTH VICTORIA AVENUE VENTURA, CA 93009 -1650 10 OOGS ' ARTICLE 8 - NOTICES All written notices to the parties hereto shall be sent by United States mail, postage prepaid, by registered or certified mail addressed as follows: ATTN: CITY MANAGER CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 ATTN: CITY MANAGER CITY OF SIMI VALLEY 2929 TAPO CANYON ROAD SIMI VALLEY, CA 93063 ATTN: CITY MANAGER CITY OF THOUSAND OAKS 2100 THOUSAND OAKS BLVD. THOUSAND OAKS, CA 91362 TO CITY OF MOORPARK: ATTN: DIRECTOR OF COMMUNITY SERVICES CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 TO CITY OF SIMI VALLEY: ATTN: DIRECTOR OF COMMUNITY SERVICES CITY OF SIMI VALLEY 2929 TAPO CANYON ROAD SIMI VALLEY, CA 93063 TO CITY OF THOUSAND OAKS: ATTN: PUBLIC WORKS DIRECTOR CITY OF THOUSAND OAKS 2100 THOUSAND OAKS BLVD. THOUSAND OAKS, CA 91362 TO COUNTY OF VENTURA: ATTN: DIRECTOR OF PUBLIC WORKS ATTN: DEPUTY DIRECTOR OF PUBLIC WORKS COUNTY OF VENTURA_ COUNTY OF VENTURA PUBLIC WORKS AGENCY PUBLIC WORKS AGENCY 800 SOUTH VICTORIA AVENUE 800 SOUTH VICTORIA AVENUE VENTURA, CA 93009 -1600 VENTURA, CA 93009 -1650 TO CONTRACTOR: ATTN: BUSINESS DEVELOPMENT MANAGER SAFETY -KLEEN (CALIFORNIA), INC., INC. 9275 TRADE PLACE, SUITE H SAN DIEGO, CA 92126 ARTICLE 9 - AUTHORITY TO EXECUTE AGREEMENT Each SPONSOR and the CONTRACTOR do covenant that the individual executing this Agreement on behalf of such party is a person duly authorized and empowered to execute an agreement for such party. ARTICLE 10 -MISCELLANEOUS Nothing in this Agreement shall be construed as to prevent any successor public agency representing any or all of the SPONSORS from assuming each SPONSOR'S responsibilities as outlined in this Agreement. No assignment by a party hereto of any rights under or interests in the Scope of Services shall be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may 11 000700 become due and monies that are due may not be assigned without such consent (except to the extent.that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Each party binds itself, its partners, successors, assigns, and legal representatives to the other parties hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in this Agreement. .f IN WITNESS WHEREOF, the SPONSORS and the CONTRACTOR have caused this Agreement to be executed the day and year first above written. ATTEST: COUNTY OF VENTURA Richard D. Dean, County Clerk Date: County of Ventura, State of California, Ex- Officio Clerk of the Board of Supervisors Thereof By: SUSAN I. LACEY, CHAIR BOARD OF SUPERVISORS Deputy County Clerk CITY OF MOORPARK, A Municipal Corporation Date: By: Deborah S. Traffenstedt, City Clerk PATRICK HUNTER, MAYOR City of Moorpark CITY OF MOORPARK CITY OF SIMI VALLEY, A Municipal Corporation Date: By: Alice K. Redondo, Assistant City Clerk BILL DAVIS, MAYOR City of Simi Valley CITY OF SIMI VALLEY CITY OF THOUSAND OAKS, A Municipal Corporation Nancy A. Dillon City Clerk Date: City of Thousand Oaks APPROVED AS TO ADMINISTRATION: By: LINDA PARKS, MAYOR MARYJANE V. LAZZ, CITY MANAGER CITY OF THOUSAND OAKS City of Thousand Oaks APPROVED AS `TO FORM: SAFETY -KLEEN (CALIFORNIA), INC. Date: MARK G. SELLERS, CITY ATTORNEY City of Thousand Oaks 13 By: LAURA TAMAYO, BUSINESS DEVELOPMENT MANAGER HHW Facility Attachment A EXHIBIT A I C C. C I'- v -_ SECTION I. SCOPE OF SER VICES The services to be performed shall include the following provisions: A. DEFINITIONS CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS (CESQG) shall mean businesses, including businesses operated out of a house, which meet the criteria specified in section 261.5 of Title 40 of the Code of Federal Regulations. CESQG WASTE shall mean hazardous wastes (as defined by the Health and Safety ,Code, Section 25117 or listed in the California Code.of Regulations, Title 22, Division 4.5, Chapter 11 or that exhibit characteristics of ignitability, corrosivity, reactivity, or toxicity described therein) which are generated by the CESQG. CESQG WASTE shall NOT include radioactive materials, explosives, or ammunition. CONTRACT shall mean a negotiated agreement between SPONSORS and the CONTRACTOR to provide one or more of the following services: site set -up and breakdown; on -site traffic control; PARTICIPANT greeting; HHW and/or CESQG WASTE receiving, profiling, packaging, labeling, manifesting, transporting, recycling, treatment, storage, disposal;- on-site services (including permitting); solid waste disposal; and miscellaneous equipment necessary to safely implement and accomplish HHW and/or CESQG WASTE collection. CONTRACTOR shall mean the individual or firm to provide PROGRAM services. EVENT shall mean all activities occurring on the day or succession of days in which the CONTRACTOR provides temporary HHW and/or CESQG WASTE collection PROGRAM services at a designated site. GOVERNING BODIES shall mean the Board of Supervisors for the County, and the City Council for each City. HOUSEHOLD HAZARDOUS WASTES (HHW) shall mean solid wastes discarded from residences that are either hazardous waste as defined by the Health and Safety Code, Section 25117 or wastes that are listed in the California Code of Regulations, Title 22, Division 4.5, Chapter 1.1, or that exhibit characteristics of ignitability, corrosivity, reactivity, or toxicity described therein. Household hazardous wastes may include, but are not limited to, common household products such as household cleaning products, spot remover, floor polish, furniture polish, aerosol cans, solvents, oven cleaner, pesticides, pool chemicals, oil base paints, latex paints, used motor oil, antifreeze, and lead acid vehicle batteries. HHW does NOT include radioactive materials, explosives /ammunition, or wastes produced in the course of operating a business, including a business operated out of a house. PARTICIPANTS shall mean all persons (both with and without appointments) who bring HHW and/or CESQG WASTE to the PROGRAM. 1 March 5, 1999 a PROGRAM shall mean the HHW and/or CESQG WASTE Collection Program, which shall include all activities provided herein to accept, handle, and dispose of HHW and/or CESQG WASTE generated by PARTICIPANTS. The PROGRAM -shall include without limitations all services to accept, reuse, recycle, store, and dispose of HHW and/or CESQG WASTE at EVENTS. B. SERVICES FOR HHW TEMPORARY COLLECTION EVENTS Upon issuance of a Notice to Proceed by the SPONSORS, the CONTRACTOR shall provide an HHW EVENT that operates temporary collection EVENTS at sites specified by the SPONSORS and mutually agreed upon by the CONTRACTOR. HHW collected through this PROGRAM shall be packaged for transport to be recycled, treated, incinerated, or landfilled as specified in the Notice to Proceed using hazardous waste transporters and hazardous waste management facilities specified in Sections III and IV of this exhibit. Because PROGRAM participation shall be primarily by appointment, participation can be estimated and controlled in advance. HHW Temporary collection EVENT activities include the setup and breakdown of the site; emergency response services; health and safety /contingency plan development; distribution and collection of wastes; identification, packaging, and labeling wastes; consolidation of waste -for interim on -site storage; miscellaneous equipment and services necessary to accomplish these services; and transportation, recycling, treatment, and/or disposal of HHW collected at the temporary collection EVENT. Responsibilities for the SPONSORS and CONTRACTOR for EVENT implementation are outlined as follows: - Responsibilities of the SPONSORS (a) Permits and Variances - The SPONSORS hosting the EVENT shall ensure that an Environmental Protection Agency identification number (CAH #) applicable to HHW collection programs is issued to each selected site, all local. land use permits are obtained for each selected site, and there has been compliance with the California Environmental Quality Act (CEQA) for each site. The SPONSORS may designate the CONTRACTOR responsible for obtaining all other applicable permits and variances required for each site by local, state, and federal agencies. Charges for such. work is provided in Section VI, subsection D of this exhibit. (b) Publicity and Informational Materials - The SPONSORS shall publicize the HHW EVENT. The SPONSORS may use direct mail, flyers, posters, and other forms of advertisement. The SPONSORS may provide questionnaires and other public information materials for distribution by the CONTRACTOR to EVENT PARTICIPANTS. EVENT publicity shall identify acceptable and unacceptable wastes and shall advise PARTICIPANTS of transportation limitations established by applicable federal and state statutes and/or regulations. (c) Appointment Based System - The SPONSORS shall make arrangements to have an information phone line which shall be used to schedule appointments prior to each event. Admission passes shall be mailed to residents advising 000"9'10G March 5, 1999 them of their appointment time, location, materials to be collected, and proper packaging guidelines to transport HHW to the collection event. (d) Identification of Participant Residency While; scheduling appointments, the SPONSORS shall use a computer database to identify residency of EVENT PARTICIPANTS by jurisdiction. For PARTICIPANTS without appointments, the SPONSORS shall obtain the necessary information to determine the jurisdiction of those PARTICIPANTS at the collection EVENT site. The SPONSORS shall use information obtained on residency of PARTICIPANTS to allocate costs for the EVENT. (e) Event Operations - The SPONSORS shall provide minimal staffing at each EVENT to monitor operations, administer change orders, and provide jurisdictional representation to the CONTRACTOR site supervisor. (f) Local Emergency Response - The SPONSORS shall contact and coordinate with local agencies responsible for fire and hazardous waste emergency response, and shall work with the CONTRACTOR to establish contingency measures should an incident occur. The local police shall conduct any necessary off -site traffic control. (g) Equipment and Sup lies - The SPONSORS shall provide all specified equipment and supplies indicated in Section II, subsection D of this Exhibit. The SPONSORS shall also provide all necessary safety equipment, including personal protective equipment for their own on site personnel. (h) Quality Assurance /Quality Control - Qualified and certified SPONSORS' representatives may perform quality assurance and quality control monitoring in the designated waste acceptance and packaging areas. (i) Types of HHW Handled and Waste Management Method Utilized Prior to the HHW EVENT, the SPONSORS shall specify in the Notice to Proceed the type of wastes to be collected and the management method to be used for that waste. If the'SPONSORS'wish to change one or more transporters or facilities used for the management of the waste, the SPONSORS shall submit a written request for change to the CONTRACTOR no 'later than sixty (60) days prior to the EVENT. The SPONSORS shall acknowledge that the CONTRACTOR has the right to deny any request made by the SPONSORS to change transporters or facilities if the CONTRACTOR can demonstrate to the SPONSORS that the requested change shall significantly increase CONTRACTOR liability. The SPONSORS also have the right to deny any similar request made by the CONTRACTOR. (j) Traffic Outside of Waste Acceptance and Packaging Area - The SPONSORS shall provide traffic control personnel at the entry of the EVENT site and the exit of the EVENT site. 2. Responsibilities of the CONTRACTOR. The CONTRACTOR shall complete the following tasks in accordance with the performance standards outlined in Section VIII of this Exhibit: (a) General HHW EVENT Operations - The CONTRACTOR shall provide all expertise, equipment and supplies indicated in Section II, subsection D of this 0001470? March 5, 1999 Exhibit necessary to operate a HHW temporary collection EVENT which includes but is not limited to the following: setup and dismantle site; provide properly trained and qualified personnel; provide emergency response services when required; distribute and collect public information materials; receive HHW; utilize appropriate management methods for waste collected (recycling, treatment, disposal) as indicated in the Notice to Proceed; identify unknown wastes; package and label wastes; provide on-site interim storage; make arrangements to transport, recycle, treat, and/or dispose of wastes; and provide miscellaneous equipment and services necessary to accomplish all tasks at each scheduled location. The CONTRACTOR shall be in full compliance with all current applicable Federal, State, and local laws, rules, regulations, and ordinances when performing these services. The CONTRACTOR shall obtain and show evidence of all permits required under local, State or Federal regulations to the SPONSORS prior to-the EVENT date. (b) Proposed Locations of Operation The CONTRACTOR shall assist the SPONSORS in selecting sites that minimize existing hazards that-may adversely impact EVENT operations or jeopardize the health and safety of all persons at the site or in the vicinity of the site. (c) Proposed Dates of Operation - The CONTRACTOR shall provide collection services on dates designated by the SPONSORS in the Notice to Proceed. (d) Proposed Hours of Collection - The CONTRACTOR shall begin accepting PARTICIPANTS into a specific EVENT and close collection activities for a specific EVENT in accordance with those hours specified by the SPONSORS in the Notice to Proceed. (e) Limitations - The CONTRACTOR shall limit EVENT participation to residents located in participating jurisdictions and exclude residents from non- participating jurisdictions unless otherwise approved by the SPONSORS. (f) Logistics - The CONTRACTOR shall develop, in coordination with the SPONSORS, a site plan and timetable for setting up the site at each designated location. (g) Equipment and Supplies - The CONTRACTOR shall provide equipment and supplies specified in Section 11, subsection D of this exhibit for those areas of the collection site used for identification, handling, packaging, and transportation of HHW. The CONTRACTOR shall also provide all necessary safety equipment, including personal protective equipment for its personnel and spill containment equipment, to ensure safe operations. ,,(h) Health and Safety/Contingency Planning - The CONTRACTOR shall develop a site-specific Health and Safety/Contingency Plan for the EVENT prior to mobilization. The CONTRACTOR shall consult with the applicable SPONSORS and local emergency response personnel in the development of the plan. The CONTRACTOR shall provide the plan to the SPONSORS and other applicable local and state agencies for review and approval prior to the EVENT. As a minimum requirement, the CONTRACTOR shall include the following in the plan: establish work zones for the project site; indicate safety showers, eye wash stations, first aid kits, and the appropriate fire extinguisher 000,;os March 5, 1999 within these work zones; specify the levels of personal protective equipment to be provided for indicated onsite tasks; develop ;spill response and control measures; specify emergency and spill response procedures specific to that site; indicate evacuation procedures to be followed; identify alternative HHW storage and disposal facilities to be utilized; and identify off -site medical facilities available to assist in emergency situations. (i) Trained and Qualified Personnel - The CONTRACTOR shall use qualified staff trained in spill response, general health and safety, and emergency procedures to collect, sort, identify; package, manifest, transport and arrange for the.treatment and/or disposal of incoming wastes. CONTRACTOR personnel shall be capable of emergency response and cleanup of hazardous spills. The CONTRACTOR shall ensure that its personnel sorting, labpacking, bulking, and packaging HHW meet the personnel training requirements specified in Section 66264.16(a) and the requirements of the Occupational Safety and Health Administration (CCR, Title 8). The CONTRACTOR shall train its supervisors and hazardous waste drivers to conform to Department of Transportation (DOT) hazardous materials transportation regulations (HM- 126F). The CONTRACTOR shall provide SPONSORS copies of OSHA certification for all of its trained personnel who will be on site. The CONTRACTOR shall utilize, at a minimum, the number of personnel indicated in Section VI, subsection B of this exhibit. This allocation of personnel shall be sufficient to accomplish general HHW EVENT operations addressed in paragraph (a) of this sub - section. (j) Service Option Selection - The CONTRACTOR shall make arrangements to provide all the service options selected by SPONSORS in the Notice to Proceed. The CONTRACTOR will be compensated for any service options selected at the rates indicated in the Section VI, subsection D of this exhibit. (k) Reuse Materials Program Assistance - The CONTRACTOR shall assist SPONSORS in establishing reuse program. CONTRACTOR shall segregate low hazard products that meet the SPONSORS approved criteria for reuse, and secure an area for distribution of reuse materials during the EVENT. The SPONSORS may designate that the CONTRACTOR provide one (I) staff person to oversee reuse area. The staff assigned will be responsible for setting aside reusable materials, set -up reuse table, securing waivers from participants, maintaining records of the amounts and types -of materials issued r and coordinating material storage. The CONTRACTOR will be compensated for this service option at the rate indicated in the Section VI, subsection D of this exhibit. (1) Site Setup and Dismantlement - The CONTRACTOR shall setup and dismantle those operations that are its responsibility. The CONTRACTOR shall ensure that each site is ready for operation as specified in Section VIII, Performance. Standards, and ensure that site dismantlement occurs within those time frames specified in the Notice to Proceed and no later than those time frames specified in Section VIII, Performance Standards. Site set -up includes laying visquene, staging drums, set -up of the receiving area, set -up of the bulking area (as applicable), placing emergency and safety equipment, 3 ;# .J„ { March 5, 1999 placing signage, barricades and traffic cones and determining representative tare weights of-all containers to be used (as applicable). Site dismantlement includes but is not limited to: closing out drums; weighing, labeling, manifesting, final bulking and loading t ransportation vehicles; tearing up visquene and disposing. Removal of equipment and closure of site includes packing all supplies onto supply truck, removal of CONTRACTOR'S rental equipment, and sweeping the area. The CONTRACTOR shall adequately cleanup the site, as determined by the SPONSORS, prior to leaving the site. The CONTRACTOR shall remove all signs; sweep up any loose materials (such as absorbent, paper, etc.). This may also include removal of all of non- hazardous waste bins as determined by the SPONSORS. The CONTRACTOR shall clean the site to conditions prior to the EVENT or better. (in) Site Safety Meeting - The CONTRACTOR shall conduct a site safety meeting no later than those time frames specified in Section VIII, Performance Standards. The CONTRACTOR shall conduct this meeting in the-presence of all its personnel, as well as available SPONSOR personnel. The site safety meeting shall cover, at a minimum, the following procedures: emergency procedures, evacuation route, evacuation meeting area, minimum personal protective equipment (PPE), hot zone activities, decontamination area procedure, location of safety stations, unacceptable materials, assignments, safety concerns (i.e., heat stress, proper lifting techniques, etc.), and the contingency plan. (n) Public Information Materials and School Education - CONTRACTOR shall distribute informational materials and collect questionnaires at the EVENTS as requested by the SPONSORS. CONTRACTOR shall provide a minimum of three school presentations annually as requested by the SPONSORS, at no extra charge. CONTRACTOR shall provide school presentations within those timeframes specified in the Notice to Proceed. (o) Onsite Traffic Control - The CONTRACTOR shall provide all traffic control personnel within the waste acceptance and packaging area. (p) HHW Receiving - The CONTRACTOR shall receive HHW during the time periods designated in the Notice to Proceed. The CONTRACTOR shall provide personnel to control on -site traffic, greet PARTICIPANTS, unload PARTICIPANTS' vehicles, and identify and segregate wastes. The CONTRACTOR shall instruct PARTICIPANTS to remain in their vehicles at all times. Prior to unloading, the CONTRACTOR shall scan the material for any potential unacceptable materials. The CONTRACTOR shall not accept material deemed unacceptable or material that the SPONSORS have specifically excluded in the Notice to Proceed. The CONTRACTOR shall provide information to the participant regarding alternative disposal methods for unacceptable or SPONSORS excluded materials. (q) Unacceptable Wastes - The CONTRACTOR shall endeavor to utilize every precaution to prevent the acceptance of unacceptable waste. The CONTRACTOR shall not accept unacceptable wastes in an EVENT without prior authorization by the SPONSORS. Unacceptable wastes are identified in Section VI, subsection C of this Exhibit. In the event that unacceptable 6 00 e March 5, 1999 (r) (s) (t) materials are discovered in the PARTICIPANT'S vehicle, the CONTRACTOR shall immediately notify the SPONSORS who, in consultation with the CONTRACTOR, shall determine whether these materials are to be disposed through the- EVENT. If unacceptable materials are inadvertently accepted by the CONRACTOR, the CONTRACTOR shall immediately notify the SPONSORS and assist the SPONSORS in arranging proper and legal transportation and disposal of the material. To prevent the unintentional acceptance of radioactive materials, the CONTRACTOR shall make every reasonable effort to screen all PARTICIPANTS for radioactive materials prior to unloading of the vehicle. The CONTRACTOR shall manage all unacceptable materials that are collected through the program using the transporters, facilities and cost schedules indicated in Section VI, subsection C of this exhibit. Unknown Substances - The CONTRACTOR shall provide.personnel trained in chemical analysis and appropriate equipment to identify and properly manage unknown substances. The CONTRACTOR shall classify waste containers as "unknown" whenever there is a reasonable doubt as to the contents due to illegible, missing, or apparently incorrect labels, or lack of material safety data sheets or identity in the case of trade names. Packaging and Labeling of HHW - The CONTRACTOR shall provide all necessary personnel and materials to properly labpack or bulk HHW collected at each EVENT. The CONTRACTOR shall utilize a roll -off bin or cubic yard boxes for latex and/or oil based paint transport for offsite bulking. The CONTRACTOR shall ensure that all packaged materials are properly labeled prior to transport of materials. The CONTRACTOR shall not landfill or incinerate materials if recycling or treatment alternatives have been specified by the SPONSORS in the Notice to Proceed. Bulked liquids and labpacked drums must be packaged to the maximum allowed by pertinent- federal and state regulation and the standards of the waste facilities accepting the material. Smaller containers may be used if a 55- gallon drum is not warranted. The CONTRACTOR shall make all reasonable efforts to assure that all containers are packed with a minimum of wasted space. Interim Storage - The CONTRACTOR shall provide all necessary facilities required for the interim storage and security of materials collected at the EVENT site. (u) Determining Average Weight per PARTICIPANT. The CONTRACTOR shall calculate the total amount of weight received at the EVENT by physically weighing all acceptable wastes specified in Section V, subsection A. The CONTRACTOR shall then divide the total gross weight of materials by the total number of PARTICIPANTS to calculate an average weight per vehicle. This average weight per vehicle shall be used by the CONTRACTOR to determine the cost per PARTICIPANT using the matrix outlined in Section VI, subsection A. The CONTRACTOR shall then invoice the SPONSORS in accordance with Article 7 of this Agreement. (v) Transport of Waste - The CONTRACTOR shall transport all packaged and labeled HHW to its destination using the registered hazardous waste haulers ;� y1; March 5, 1999 specified by the SPONSORS in the Notice to Proceed. All hazardous waste haulers utilized by the CONTRACTOR shall be licensed through the appropriate state and federal agencies to haul such waste. The CONTRACTOR shall execute all paperwork necessary to comply with all applicable regulations and ensure acceptance of packaged waste at recycling, treatment, and/or disposal facilities. The CONTRACTOR shall use a drum inventory form to record each drum's contents while packing. The CONTRACTOR shall log and track all drum containers generated on -site on the CONTRACTOR supplied master drum ledger to ensure cradle to grave material tracking (w)Recycling . Treatment and Disposal - The CONTRACTOR shall make arrangements. to provide the safe recycling, treatment, long -term storage, and/or disposal of collected HHW using those methods and facilities specified by the SPONSORS in the Notice to Proceed. The CONTRACTOR shall ensure that all facilities used are fully permitted and approved by federal and local agencies as hazardous waste recycling, treatment, storage and/or disposal facilities. The CONTRACTOR shall be responsible to provide lawful disposal of all materials collected. Contracts for the transportation and/or disposal of HHW to these facilities shall be solely between the CONTRACTOR and any subcontractors. If the CONTRACTOR wishes to change one or more transporters or facilities used for the management of the waste, the CONTRACTOR shall submit a written request for change to the SPONSORS no later than sixty (60) -days prior to the EVENT and must have the approval of the SPONSOR in writing prior to use of the transporter(s) or facility(s). The CONTRACTOR shall acknowledge that the.SPONSORS have the right to deny any request made by the CONTRACTOR to change transporters or facilities. The CONTRACTOR also has the right to deny any similar request made by the SPONSORS. (x) Non - Hazardous Wastes -.The CONTRACTOR may be required to dispose of all non - hazardous solid wastes generated by the EVENT at the discretion of the SPONSORS. The CONTRACTOR shall not labpack materials that can be managed as a non - hazardous solid waste. (y) Miscellaneous - The CONTRACTOR shall provide all refreshments and adequate break areas for CONTRACTOR personnel. (z) Reports - The CONTRACTOR shall complete a master drum list, CIWMB Form 303 and invoicing worksheet for each EVENT and submit the completed form to the SPONSORS upon invoicing. The CONTRACTOR shall provide this information on magnetic disk in a format compatible with the SPONSORS' data management program. C. SERVICES FOR CESQG WASTE COLLECTION EVENTS Upon issuance of a Notice to Proceed by the SPONSORS, the CONTRACTOR shall provide a CESQG WASTE collection EVENT to operate in conjunction with a HHW temporary collection EVENT. CESQG WASTE collected through this PROGRAM shall be packaged for transport to be recycled, treated, incinerated, or landfilled at a class I facility as specified in the Notice to 000161 . March 5, 1999 Proceed using hazardous waste transporters and hazardous waste "management facilities specified in Sections III and IV of this exhibit. Because PROGRAM participation shall be primarily by appointment, participation can be estimated and controlled in advance. CESQG WASTE collection EVENT activities include the setup of the site; development of informational workshops advertising the program, emergency response services; health and safety /contingency plan development; distribution and collection of wastes; identification, packaging, and labeling wastes; consolidation of waste for interim on -site storage; miscellaneous equipment and services necessary to accomplish these services; and transportation, recycling, treatment, and/or disposal of CESQG WASTE collected at the EVENT.. Responsibilities for the SPONSORS and CONTRACTOR for EVENT implementation are outlined as follows: 1. Responsibilities of the SPONSORS (a) Permits and Variances - The SPONSORS hosting the EVENT shall ensure that an Environmental Protection Agency identification number (CAH #) applicable to CESQG WASTE collection is issued to each selected site, all local land use permits are obtained for each selected site, and there has been compliance with the California Environmental Quality Act (CEQA) for each site. The SPONSORS may designate the CONTRACTOR responsible for obtaining all other applicable permits and variances required for each site by local, state, and federal agencies. (b) Publicity and Informational Materials - The SPONSORS shall assist the CONTRACTOR in publicizing the EVENT. The SPONSORS may use direct mail, flyers, posters, and other forms of advertisement. The SPONSORS may provide questionnaires and other public information materials for distribution by the CONTRACTOR to CESQG*EVENT PARTICIPANTS. EVENT publicity shall identify acceptable and unacceptable wastes and shall advise CESQG PARTICIPANTS of transportation limitations established by applicable federal and state statutes and/or regulations. (c) CESQG Event Operations - The SPONSORS shall provide minimal staffing at each EVENT to monitor operations, administer change orders, and provide jurisdictional representation to the CONTRACTOR site supervisor. (d) Local Emer ena Response - The SPONSORS shall contact and coordinate with local agencies responsible for fire and hazardous waste emergency response, and shall work with the CONTRACTOR to establish contingency measures should an incident occur. The local police shall conduct any necessary off -site traffic control. (e) Quality Assurance /Quality Control - Qualified and certified SPONSORS representatives may perform quality assurance and quality control monitoring in the designated waste acceptance and packaging areas. (f) Types of CESQG WASTE Handled and Waste Management Method Utilized Prior to the EVENT, the SPONSORS shall specify in the Notice to Proceed the type of wastes to be collected and the management method to be used for that waste. If the SPONSORS wish to change one or more transporters or facilities used for the management of the waste, the SPONSORS shall submit a written request for change to the CONTRACTOR no later than sixty (60) days prior to the EVENT. The SPONSORS shall acknowledge that the 9 March 5, 1999 .J CONTRACTOR has the right to deny any request made by the SPONSORS to change transporters or facilities if the CONTRACTOR can demonstrate to the SPONSORS that the requested change shall significantly increase CONTRACTOR liability. The SPONSORS also have the right to deny any similar request made by the CONTRACTOR. 2. Responsibilities of the CONTRACTOR. The CONTRACTOR shall complete the following tasks in accordance with the performance standards outlined in Section VIII of this Exhibit: (a) General EVENT Operations The CONTRACTOR shall provide all expertise, equipment, and supplies necessary to operate a CESQG WASTE collection EVENT which includes but is not limited to the following: setup and dismantle site; provide properly trained and qualified personnel; provide emergency response services when required; distribute and collect public information materials; receive CESQG WASTE utilize appropriate management methods for waste collected. (recycling, treatment, disposal) as indicated in the Notice to Proceed; identify unknown wastes; package and label wastes; provide on -site interim storage; make arrangements to transport, recycle, treat, and/or dispose of wastes; and provide miscellaneous equipment and services necessary to accomplish all tasks at each scheduled location. The CONTRACTOR shall be in full compliance with all current applicable Federal, State, and local laws, rules, regulations, and ordinances when performing these services. The CONTRACTOR shall obtain and show evidence of all permits required under local, State or Federal regulations to the SPONSORS prior to the EVENT date.; (b) CESQG PARTICIPANTS ;Scheduling - The CONTRACTOR shall provide a toll free information phone line which shall be used to schedule PARTICIPANTS' appointments prior to each EVENT. CONTRACTOR shall mail each PARTICIPANT a CESQG WASTE inventory list, provide regulatory information concerning proper packaging storage and transportation, limits, and provide a transportation variance (if applicable). CONTRACTOR shall collect a registration fee from the PARTICIPANTS as indicated in Section VI, subsection E. of this exhibit. The CONTRACTOR shall inform all CESQG EVENT PARTICIPANTS that the registration fee will forfeited if the PARTICIPANT does not keep its appointment. (c) Identification of Business Location - While scheduling appointments, the CONTRACTOR shall identify the location of the EVENT PARTICIPANTS by jurisdiction. (d) Proposed Locations of Operation - The CONTRACTOR shall assist the . SPONSORS in selecting sites that minimize existing hazards that may adversely impact EVENT operations or jeopardize the health and safety of all persons at the site or in the vicinity of the site (e) Proposed Dates of Operation - The CONTRACTOR shall provide collection services on dates designated by the SPONSORS. 10 0001,714 March 5, 1999 (f) Proposed Hours of Collection - The CONTRACTOR shall begin accepting PARTICIPANTS into a specific CESQG EVENT and close collection activities for a specific CESQG EVENT in accordance with those hours specified by the SPONSORS in the Notice to Proceed. (g) Limitations - The CONTRACTOR shalhlimit EVENT participation to qualified businesses located in participating jurisdictions and exclude residents and businesses from non- participating jurisdictions unless otherwise approved by the SPONSORS. (h) Logistics - The CONTRACTOR shall develop, in coordination with the SPONSORS, a site plan and timetable for setting up the site at each designated location. (i) Equipment and Supplies - The CONTRACTOR shall provide all equipment and supplies necessary for those areas of the collection site used for identification, handling, packaging, and transportation of CESQG WASTE. The CONTRACTOR shall also provide all necessary safety. equipment, including personal protective equipment for its personnel and spill containment equipment, to ensure safe operations. 0) Health and Safe /Contingency Planning - The CONTRACTOR shall develop a site - specific Health and Safety /Contingency Plan for the EVENT prior to mobilization. The CONTRACTOR shall consult with the applicable SPONSORS and local emergency response personnel in'the development of the plan. The CONTRACTOR shall provide the plan to the SPONSORS and other applicable local and state agencies for review and approval prior to the. EVENT. As a minimum requirement, the CONTRACTOR shall include the following in the plan: establish work zones for the ;project site; indicate safety showers, eye wash stations, first aid kits, and the appropriate fire extinguisher within these work zones; specify the levels of personal protective equipment to be provided for indicated onsite tasks; develop spill response and control measures; specify emergency and spill response procedures specific to that site; indicate evacuation procedures to be followed; identify alternative HAZARDOUS WASTE storage and disposal facilities to be utilized; and identify off -site medical facilities available to assist in emergency situations. (k) Trained and Qualified Personnel - The CONTRACTOR shall use qualified staff trained in spill response, general health and safety, and emergency procedures to collect, sort, identify, package, manifest, transport and arrange for the treatment and/or disposal of incoming wastes. CONTRACTOR personnel shall be capable of emergency response and cleanup of hazardous spills. The CONTRACTOR shall ensure that its personnel sorting, labpacking, bulking, and packaging CESQG WASTE meet the personnel training requirements specified in Section 66264.16(a) and the requirements of the Occupational Safety and Health Administration (CCR, Title 8). The CONTRACTOR shall train its supervisors and hazardous waste drivers to conform to Department of Transportation (DOT) :hazardous materials- - transportation regulations (HM- 126F). The CONTRACTOR shall provide SPONSORS copies of OSHA certification for all of its trained personnel who will be on site. The CONTRACTOR shall utilize a minimum of two staff per 11 0 0715 March 5, 1999 1 EVENT. This allocation of personnel shall be sufficient to accomplish general EVENT operations addressed in paragraph (a) of this sub- section. The CONTRACTOR shall provide additional staff at the request of the SPONSORS if deemed necessary. (1) CESQG EVENT Coordination — CONTRACTOR shall publicize programs, shall organize and conduct up to four CESQG workshops, at no extra charge, within those timeframes specified in the Notice to Proceed, assist CESQGS in developing and submitting inventory lists prior to the EVENT, provide cost estimates to CESQGS prior to an EVENT, provide a 1 -800 toll -free appointment line, manage appointments, collect funds from CESQGS and provide a detailed waste inventory to SPONSORS on each CESQG serviced at each EVENT. SPONSORS may elect to offset CESQG PARTICIPANTS cost through a rebate in the amount indicated in the Notice to Proceed. If the rebate is provided, CONTRACTOR shall invoice SPONSOR in accordance with Article 7 of the Agreement. (in) Site Setup and Dismantlement - The CONTRACTOR shall setup and dismantle those operations that are its responsibility. The CONTRACTOR shall ensure that each site is ready for operation as specified in Section VIII, Performance Standards, and ensure that site dismantlement occurs within those time frames specified in the Notice to Proceed and no later than those time frames specified in Section VIII, Performance Standards. Site set -up includes laying visquene, staging drums, set -up of the receiving area, set -up of the bulking area (as applicable), placing emergency and safety equipment, placing signage, barricades and traffic cones and determining representative tare weights of all containers to be used (as applicable.) Site dismantlement includes but is not limited to: closing out drums; weighing, labeling, manifesting, final bulking and loading transportation vehicles; closure of site includes adequately securing all wastes, equipment and supplies for overnight storage, adequately cleanup the site and sweep up any loose materials (such as absorbent, paper, etc.) The CONTRACTOR shall clean the site to allow for expeditious set -up of the HHW Temporary EVENT to occur the following day. (n) Site Safety Meeting - - The CONTRACTOR shall conduct a site safety meeting no later than those time frames specified in Section VIII, Performance Standards. The CONTRACTOR shall conduct this meeting in the presence of all its personnel, as well as available SPONSOR personnel. The site safety meeting shall cover, at a minimum, the following provisions: emergency ` procedures, evacuation route, evacuation meeting area, minimum personal protective equipment (PPE), hot zone activities, decontamination area procedure, location of safety stations, unacceptable materials, assignments, safety concerns (i.e., heat stress, proper lifting techniques, etc.), and the contingency plan. (o) Distribution of Public Information Materials During Event -CONTRACTOR shall distribute informational materials and collect questionnaires at the EVENTS as requested by the SPONSORS. 12 00071 , ., March 5_1999 (p) Onsite Traffic Control - The CONTRACTOR" shall provide all traffic control personnel beginning at the entry to the site and ending at the exit of the site. (q) CESQG WASTE Receiving - The CONTRACTOR shall receive CESQG WASTE during the time periods designated in the Notice to Proceed. The CONTRACTOR shall greet PARTICIPANTS, unload PARTICIPANTS' vehicles, and identify and segregate wastes. The CONTRACTOR shall instruct PARTICIPANTS to remain in their vehicles at all times. Prior to unloading, the CONTRACTOR shall scan the material for any potential unacceptable materials. The CONTRACTOR shall not accept material deemed unacceptable or material that the SPONSORS have specifically excluded in the Notice to Proceed. The CONTRACTOR shall provide information to the PARTICIPANT regarding alternative disposal methods for unacceptable or SPONSOR excluded materials. (r) Unacceptable Wastes - The CONTRACTOR shall endeavor to utilize every precaution to prevent the acceptance of unacceptable waste. The CONTRACTOR shall not accept unacceptable wastes in an EVENT without prior authorization by the SPONSORS. Unacceptable wastes are defined in Section VI, subsection C of this Exhibit. In the event that unacceptable material is received by a PARTICIPANT, the CONTRACTOR shall immediately notify the SPONSORS who, in consultation with the CONTRACTOR and the PARTICIPANT shall determine whether these materials are to be managed through the EVENT. All unacceptable materials that are collected through the program shall be managed using the facilities, transporters and CONTRACTOR shall charge PARTICIPANTS costs in accordance with the rates identified in Section VI, subsection C of this exhibit. To prevent the unintentional acceptance of radioactive materials, the CONTRACTOR shall make every reasonable effort to screen all PARTICIPANTS for radioactive materials prior to unloading of the vehicle. (s) Unknown Substances - The CONTRACTOR shall provide personnel trained in chemical analysis and appropriate equipment to identify and properly manage unknown substances. The CONTRACTOR shall classify waste containers as "unknown" whenever there is a reasonable doubt as to the contents due to illegible, missing, or apparently incorrect labels, or lack of material safety data sheets or identity in the case of trade names. (t) Packaging and Labeling of CESQG WASTE - The CONTRACTOR shall provide all necessary personnel and to properly labpack or bulk CESQG WASTE collected at each EVENT. The CONTRACTOR shall utilize aroll- off bin or cubic yard boxes for latex and /or oil based paint transport for offsite bulking. The CONTRACTOR shall ensure that all packaged materials are properly labeled prior to.transport of materials. The CONTRACTOR shall not landfill or incinerate materials if recycling or treatment alternatives have been specified by the SPONSORS in the Notice to Proceed. Bulked liquids and labpacked drums must be packaged to the maximum allowed by pertinent federal and state regulation and the standards of the waste facilities accepting the material. Smaller containers may be used if a 55- gallon drum is not 13 000 March 5, 1999 warranted. The CONTRACTOR shall make all reasonable efforts to assure that all containers are packed with a minimum of wasted space. (u) Interim Storage The CONTRACTOR shall provide all necessary facilities required for the interim storage and security of materials collected at the EVENT site. (v) Transport of Waste - The CONTRACTOR shall transport all packaged and labeled CESQG WASTE to its destination via a registered hazardous waste hauler licensed through the appropriate state and federal agencies to haul such waste as indicated in the Notice to Proceed. The CONTRACTOR shall execute all paperwork necessary to comply with all applicable regulations and ensure acceptance of packaged waste at recycling, treatment, and/or disposal facilities. The CONTRACTOR shall use a drum inventory form to record each drum's contents while packing. The CONTRACTOR shall log and track all drum containers generated on -site on the CONTRACTOR supplied master drum ledger to ensure cradle to grave material tracking. (wl Recycling, Treatment and Disposal - The CONTRACTOR shall make arrangements to provide the safe recycling, treatment, long -term storage, and/or disposal of collected CESQG WASTE using those methods and facilities specified by the SPONSORS in the Notice to Proceed. The CONTRACTOR shall ensure that all facilities used are fully permitted and approved by federal and local agencies as hazardous waste recycling, treatment, storage and/or disposal facilities. The CONTRACTOR shall be responsible to provide lawful disposal of all materials collected. Contracts for the transportation and/or disposal of CESQG WASTE to these facilities shall be solely between the CONTRACTOR and any subcontractors. If the CONTRACTOR wishes to change one or more transporters or facilities used for the management of the waste, the CONTRACTOR shall submit a written request for change to the SPONSORS no later than sixty (60) days prior to the EVENT and must have the approval of that party in writing priorto use of the transporter(s) or facility(s). The CONTRACTOR shall acknowledge that the SPONSORS have the right to deny any request made by the CONTRACTOR to change transporters or facilities. The CONTRACTOR also has the right to deny any similar request made by the SPONSORS. (x) Non - Hazardous Wastes - The CONTRACTOR may be required to dispose of all non - hazardous solid wastes generated by the EVENT at the discretion of the SPONSORS. The CONTRACTOR shall not labpack materials that can be managed as a non - hazardous solid waste. (v) Miscellaneous - The CONTRACTOR shall provide all refreshments and adequate break areas for CONTRACTOR personnel. (z) Reports - No later than 30 days following each EVENT, the CONTRACTOR shall provide the SPONSORS with the following reports: a final inventory of materials managed from each CESQG PARTICIPANT; a copy of the invoice provided to each CESQG PARTICIPANT; a complete master drum list; individual drum inventory sheets; copies of manifests; proof of acceptance of all material collected at the site at the final destination facility; and a separate CIWMB Form 303 specific to CESQG WASTE managed at the EVENT. The 14 0007 18 March 5, 1999 a CONTRACTOR shall provide information on magnetic disk in a format compatible with the SPONSORS data management program. 15 March 5, 1999 a SECTIONIL PERSONNEL, EQUIPMENTAND SUPPLIES A. ORGANIZATIONAL CHART OF CONTRACTOR„ Mona Bartoletti I Vice- President I Western Region i 4 March 5, 1999 B. CONTRACTOR PERSONNEL Title Description of Responsibilities Supervisory Name(s) of Full -time Position? specified permanent Y or N Personnel employee YorN Business Development Western Region Business Y Laura Tamayo Y Manager Development Regional Operations Overall responsibility for all Y Tia Gottas- Y Manager HHW operations in western Hamman United States Proposal/Contract Contracts & proposal Y Tanya McBride Y Manager administration HHW Project Manager Directly responsible for Y Annette Cefalu, Y management of assigned Jaime Orosco, contracts, primary contact Danny Thomason, between SPONSORS and Tommy Strickland CONTRACTOR; Responsible for operational aspects of collection events; on -site supervisor from site set -up to shut down; responsible for the performance and safety of all CONTRACTOR personnel and subcontractors HHW Project Responsible for coordination Y Dick Allen, Y Coordinator of supplies, equipment, event Scott Douglas staff, subcontractors and event documentation Contracts Coordinator Prepare post -event reports and Y Janet Gottas Y invoices Field chemists and Perform final waste Y CONTRACTOR Y specialists segregation, packaging, employees labeling, paperwork Field technicians Unloading vehicles, initial N CONTRACTOR Y waste segregation, employees consolidation operations, paint management, general labor Sub - contract N and waste handling employees Traffic Controllers Pass out and collect surveys N CONTRACTOR Y and information, control employees traffic N Sub- contract employees 17 Exhibit A C. TEMPORARY PERSONNEL SERVICES At its discretion, the CONTRACTOR may use the following temporary personnel services to assist in unloading, segregation, bulking, traffic control, and general labor work: ANS 9265 Dowdy Street Suite #103 San Diego, CA 92126 (619) 578 -3130 Contact: Ann Saunders Team One Staffing Services 10850 Wilshire Blvd., Suite 510 Westwood, CA 90024 (310)475 -9221 Contact: Tony Salas All temporary personnel handling hazardous wastes shall at the minimum have OSHA 40 -hour training . for hazardous waste operations workers and current annual 8 -hour updates. 18 000721 Exhibit A D. CONTRACTOR AND SPONSORS EQUIPMENT AND SUPPLIES - The Equipment and Supplies Matrix indicates the equipment and the supplies required to operate a EVENT. The matrix also indicates CONTRAQTOR'S or the SPONSORS' responsibility for providing the listed equipment and supplies. Items marked with an asterisk indicate that both the CONTRACTOR and the SPONSOR is responsible for providing their respective personnel with the indicated supplies. EQUIPMENT AND SUPPLIES CONTRACTOR SPONSOR Spill Containment and Emergency Supplies Absorbent X Disposable Towels X Polyethylene Sheeting 6,10, 15 mil X Polyethylene Bas X Duct or Electrical Tae X Plastic Bins, Tubs, Buckets X Shovels and Brooms X Hazardous Waste Packing and Loading 85,55,30,20,5 gallon DOT Approved Drums X Drum Liners X Absorbent Packing Materials X DOT Approved Drum Labels X Drum Inventory Sheets and Packing Slips X Hazardous Waste Manifests X Land Disposal Restriction Forms X Hazardous Waste Markings X Bulking Funnels and Screens . X Grounding Straps X Compliance Guides X Chemical Dictionaries X Unknown Substance Identification X H paper X Oxidizer Pa per X Glassware and Disposable Containers. X Personal Safety Traffic Vest* X X T vex Disposal Coveralls* X X Gloves* X X Safety Glass/Goggles/Face Shield* X X Steel Toe Boots Chemical Resistant)* X X Rain Gear* X X Respirators* X X Prinking Water* X X Site Equipment Air horn X Barricades X Carts X Cones Traffic X 19 Exhibit A EQUIPMENT AND SUPPLIES CONTRACTOR SPONSOR Drum Stra s X E -Z UP Tent Frame X E -Z UP Tent X Fire Extinguisher A,B,C X Flags X Industrial First Aid Kit X Non-Sparking Shovel X Plastic bins for waste X Scale — CES G X Scale - HHW 1500 lbs. X Scale Ramp X Shower Unit X Signs X Spill Kit X Storage Module for Supplies X Storage Module for Reuse Material Storage X Tables 6 to 8 ft. X Universal Bung Tool X Windsock X 20 00072-4 Exhibit A. SECTIONIII. LIST OF HAZARDOUS WASTE TRANSPORTERS Code Name /Address EPA I.D. Number I,pcal Contact/ Waste Phone No. Trans orted _1 Safety -Kleen (TG), Inc. SCD 987 574 647 (323) 277 -2600 Drums (e.g., lab Local Address: packs, bulk 1820 48`' Place drums), Los Angeles, CA 90058 Roll -offs —2 MP Environmental Services, CAT 800 624 247 Gina Blankenship Drums (e.g., lab Inc. (805) 393-1.151 packs, bulk 3400 Manor Street drums), Bakersfield, CA 93308 Roll -offs 3 Broco Environmental, Inc. CAT 080 022 148 Jerry Chub Explosives 2824 N. Locust Ave. (909) 350 -0580 management Rialto, CA 92376 —4 Interstate Battery Not Applicable Mike Automotive 7745 Arjons Drive (619) 271 -5003 lead -acid San Diego, CA 92126 batteries 5 Thomas Gray and Associates, CAD 066 151 648 Richard E. Gallego Radioactive Inc. (714) 997 -8090 waste 1205 West Barkley Ave. management Orange, CA 92668 6 PWN Environmental ILD 047 267 364 Carol Hale Radioactive 2462 -C South Santa Fe. (760) 727 -6120 waste Vista, CA 92084 1 management 21 00"72 Exhibit A SECTION I i. LIST OF HAZARDO US WASTE MANAGEMENT FACILITIES Code Name /Address EPA I.D. Number Contact/Phone No. Services Provided _1 Safety -Kleen (Aragonite), Inc. UTD 981 552 177 Mike O'Brien Lab packs for 11600 North Aptus Rd. (80f) 531 -4200 destructive incineration, Aragonite, UT 84029 fuel blends from, PCB wastes, medical wastes 2 Safety -Kleen (Denton) TXD 077 603 371 Betty Sue Waste streams for fuel 1722 Cooper Creek Road, (940) 383 -2611 blending Denton, TX 76201 3 Safety -Kleen Services (BDT) NYD 000 632 372 Sharon Wienckowski Waste streams for Inc. (716) 634 -6794 treatment and 4255 Research Parkway incineration Clarence, NY 14031 4 Safety -Kleen (New Castle) KYD 053 348 108 . Larry Wynn Waste streams for fuel 3700 la Grange Road (502) 845 -2453 blending Smithfield, KY 40068 KYD 053 348 108 5 Safety -Kleen (Deer Park), TXD 055 141 378 Ed Stehley Lab packs for Inc.2027 Battleground Rd. (713) 930 -4542 destructive incineration, Deer Park, TX 77536 fuel blends, PCB wastes, aerosols, cylinders 6 Chem Tech/ CAT 080 033 681 Joe Balfour . Latex paint for recycling Demenno- Kerdoon (323) 268 -5056 3650 East 261h St. Los Angeles, CA 90023 7 Safety -Kleen Ltd. CAD 000 633 164 Larry Vinega Waste streams for (Delta), Inc. (604) 64.0 -0894 treatment and fuel 7842 Progress Way blending Delta; BC V4G 1A4 8 Safety -Kleen (Grassy UTD 991 301 748 Steve Mack Waste streams for land Mountain), Inc. (801) 323 -8900 disposal 3 Miles East, 7 Miles North Knolls, UT 9 Safety -Kleen (Westmorland), CAD 000 633 164 Andy Yadvish Waste streams for land Inc. (619) 344 -9400 disposal 5295 South Garvey Road Westmorland, CA 92281 10 Safety -Kleen ( Buttonwillow), CAD 986 675 276 David Neilsen Waste streams for land Inc. (805) 762 -7372 disposal 2500 West Lokern Road Buttonwillow, CA 93206 11 Safety -Kleen (Los Angeles), CAD 080 806 580 Gary Yung Materials for recycling, Inc. (323) 585 -5063 treatment, fuel blending, 5756 Alba St. consolidation, storage, Los Angeles, CA 90058 transfer 12 Safety -Kleen (Arizona), Inc. AZD 049 318.009 Nick Culian Materials for recycling, 1340 W. Lincoln (602) 258 -6155 treatment, fuel blending, Phoenix, AZ 85007 consolidation, storage, transfer; cylinder management 22 0®017 _13 Safety -Kleen (San Jose), Inc. 1021 Berryessa Road San Jose, CA 95133 14 Left Blank (Duplicate) 15 Left Rlantc (Ramnverl) EPA I.D. Number Contact/Phone No. CAD 059 494 3 10 Bruce Morgan (408) 451 -5000 Exhibit A Services Provided Waste streams for consolidation, neutralization, fuel _16 Safety -Kleen (Dalton) ILD 980 613 913 Contact is not located at Oil base paint in Cubic 633 E. 138h St. facility yard Boxes (Yd) Dalton, IL 60419 (708)- 849 -4850 _17 Filter Recycling Services CAD 982 444 481 John Bennett Oil filters for recycling 180 W. Monte Ave. (909) 424 -1630 Rialto, CA 92316 _18 Amazon Environmental, Inc. N/A Lorraine Segala Latex paint, latex paint 1812 Conejo Lane (714) 578 -0417 sludge, caulk recycling Fullerton, CA 92833 19 Left Blank (Removed) _20 Broco Environmental, Inc. CAT 080 022 148 Jerry Chub Explosives management 2824 N. Locust Ave. (909) 350 -0586 Rialto, CA 92376 _21 Cal Western Paints, Inc. N/A Jerry MuInix Latex Paint Recycling 2824 N. Locust Ave. (562) 693 -0872 Santa Fe Springs, CA 90670 _22 DeMenno/Kerdoon CAT 080 013 352 Peggy Zimmerman Oily water, waste oil, ' 2000 Alameda St. (310) 537 -7100 antifreeze, paints Compton, CA 90222 _23 Depressurized Technologies CAD 983 665 068 Walter Gonzalez Household Aerosol Intl., Inc. (408) 776 -7816 cans, small hand -held 335 Cochrane Circle size propane gas Morgan Hill, CA 95037 cylinders for recycling _24 ECDC Environmental, L.C. UTC 093 012 201 Dann Olson Non -RCRA Hazardous 1111 W. Highway 123 (801) 888 -4418 Wastes for land disposal East Carbon, UT 84520 25 Left Blank Removed 26 Left Blank Removed 27 Left Blank Removed 28 Left Blank Removed _29 GNB, Inc. CAD 097 854 541 Martin Groh Lead acid batteries, lead 2700 S. Indiana St. (213) 262 -1101 for recycling Los Angeles, CA 90023 _30 Industrial Service Oil CAD 099 452 708 Pete Kotoff Used oil for recycling Company, Inc. (562) 598 -5577 1700 Soto Street Los Angeles, CA 90021 _31 Kinsbursky Brothers Supply CAD 088 504 881 Todd Coy Spent lead acid &`ni -cad Inc. (714) 738 -8516 batteries, lead solder, 1314 North Lemon St. solder dross for Anaheim, CA 92801 recycling 32 Left Blank (Removed) 23 ig Exhibit A Code Name/Address EPA I.D. Number Contact/Phone No. Services Provided 33 Mercury Technologies CAD 982 411993 Steve Kwon PCB Ballasts' International (MTI) (310) 7614678 30677 Huntwood Ave. Hayward, CA 94544 34 Mercury Waste Solutions, Inc. WIR 000 000 356 James Cornwell Mercury containing 21211 Durand Avenue (800) 741-3343 devices Union Grove, WI 53182 35 PVTN Environmental ILD 047 267 364 Carol Hale Radioactive, infectious (ADCO) Services (760) 727-6120 waste 2462-C South Santa Fe Vista, CA 92084 36 Salesco Systems USA, Inc. AZD 983 473 539 Frank Sales Recycling of PCB 5736 W. Jefferson St. (619) 793-3460 ballasts, fluorescent I Phoenix, AZ 85043 lamps, mercury debris 37 Left Blank (Removed) 38 PRS Recycling UTD 982 589 459 Dave Upton Antifreeie recycling 977 South 700 West . (801) 973-2220 Salt Lake City, UT 84104 39 21 EMI (Philip Services) NVD 980 895 338 John Wolf Alkaline Battery 2095 Newlands: Drive East (702) 575-2760 Recycling Fernley, NV 89408 24 Exhibit A SECTION V. WASTE MANAGEMENT METHODS A. SPECIFIC WASTE MANAGEMENT METHODS FOR ACCEPTABLE WASTES All acceptable waste will be managed as indicated in the table that follows: 1. Materials to be Recycled Sponsor Use Material Specified Management Transport hauler Destination facilities Only Method (Sect.I1I) (Sect.IV 1) Car (lead-acid) Recycling 1,2,4 11,12,13,31 batteries 2) Antifreeze Bulk/reprocessing 1,2 11,22,30,38 Bulk/fuel blending 1,2 1,5,7,11,12,13 3) Motor oil Bulklrerefine I,2 11,22,30, Bulk/f iel blending 1,2 1,5,7,11,12,13 4) Used motor Loose pack/ 1,2 1 1,17,30 oil filters Reclamation 5) Oil -based Roll- off/Fuel 1,2 1,5,7,11,12,13 paints Blending (include disposal of empty containers) 6) Oil -based Roll -off /Fuel 1,2 1,5,7,11,12,13 paint sludge Blending (include disposal of empty containers) 25 0001 Exhibit A Sponsor Material Specified Management Transport hauler Destination facilities Use Method (Sect.Ill) (Sect.IV) Only 7) Latex paints Reprocessing into paint 1,2 1,5,7,11,18;21,22 (include disposal of empty containers) reprocessing into cement 1,2 18 production product 8) Solvents fuel blending 1,2 1,5,7,11,12,13 (include disposal of empty containers) 9) Flammable fuel blending 1,2 1,5,7,11,12,13 liquids (include disposal of empty containers) 10)Flammabie fuel blending 1,2 1,5,7311,12,13 liquid with sludge (include disposal of empty containers) 11) Aerosols loosepackl recycling of 1,2 1,5,7,11,12,13 (including container and contents, paints) facility acquires liability for residual waste 12) Fluorescent Recycle 1,2 11,12,13,33,36 light tubes 13) Metallic Reclamation 1,2 7,11,12,13,33,34 mercury 14) Household Recycle 1,2 31,39 batteries (excluding Alkaline for Recycle) 15) Household Recycle 1,2 39 batteries (alkaline) 000 Exhibit A 2. Materials to be disposed 27 () ®( ) 7 13 .. �. aterial Specified Management Method Transport Hauler ' Destination Facilities (Sect.IlI) (Sect.IV) labpack/land.disposal 1,2 9,11,12,13,24 7167)0rganic/ inorganic acids labpack/ 1, 5,7,11,12,13 incineration 17)Organic/ labpack/land disposal 1,2 9,11,12,13,24 , inorganic bases labpack/ incineration 1,2 1, .5,7,11,12,13 18) Flammable labpack/ 1,2 1, 5,7,11,12,13 solid incineration labpack/land disposal 1,2 9,11,12,13,24 19) Oxidizers labpack/ 1,2 1, 5,7,11,12,13, incineration labpack/land disposal 1,2 9,11,12,13,24 20) Poisons labpack/ 1,2 1, 5,7,11,12,13, . incineration labpack/land disposal 1,2 9,11,12,13,24 27 () ®( ) 7 13 .. �. Exhibit A Sponsor Material Specified Management Method Transport Hauler Destination Facilities Use (Sect.Ili) (Sect. IV) Only 21) Household labpack/land disposal 1,2 8,10,9,11,12,13,24 batteries (alkaline batteries) labpack/ 1,2 1, 5,7,11,12,13, incineration 22) Asbestos friable, land disposal 1,2 8,9,10,11,12,13 non- friable, land disposal 1,2 9,11,12,13 23) non- solidify /land disposal 1,2 8,9,10,11,12,13,24 hazardous liquids /solids 24) misc. labpack/land disposal 1,2 8,10,11,12,13,32,33,34 mercury. products 25) PCB Waste incineration 1,2 1,5 Land disposal 1,2 8,9,10 26) Empty Drums Reclaim or landfill 1,2 8,10 (drums used for bulking used oil, antifreeze, and drums brought by participants) 28 �,.�.: C"._ rrM iN Exhibit A SECTION VI. RATE SCHEDULES A. PRICING MATRIX FOR - ACCEPTABLE WASTES FOR HHW TEMPORARY COLLECTION EVENT C xltractor's total clear c for acceptable wastes for .FTHW temporary collection events are set forth in the following table; Temporary xxw Charge per Participant 1,2,3 Event Size Average <40 41 -50 51 -60 61 -70 71 -80 81 -90 91 Inn art.: I Ibs./ art. l lbs/ art. l lbs./ art. I Ibs./ art I Ibs/ art l lbs/ rt l 0 1 101 -110 1 111 -120 1 121 -130 1 131 -140 1 141 -150 r a $35.79 $ $42.49 $ $49.19 $ $55.89 $ $62.60 $ $69.30 $ $76.00 $ $82.70 $ $89.40 $ art l lbs./ art, l lbs./ art. $102.81 $ $ $52.22 $ $5892 $ $54.13 $ $60.83 $ $67.54 $ $74.24 $ $80.94 $ $87.64 $ $94.34 $ $101.05 $ $107.75 $ $114.45 50 -1 Flat Fee $ $2 500.00 $ $2 900.00 $ $3,200.00 $ $3,600.00 $ $3,900.00 $ $85.73 $ $92.43 $ $99.13 $ $105.83 $ $112.54 $ $119.24 $ $125.94 $6,250.00 1. 'Total charges for Acceptable wastes are included in the above mat.ri.x, only. Matrix includes cost of supplies (drums, cubic yard boxes, absorbent, PPE). 2. Based on gross weights of packaged materials at the EVENT, excluding weights of auto batteries and unacceptable wastes. 3. Auto batteries shall be managed free of charge. W C Exhibit A B. STAFFING AND PARTICIPATION SERVICE LEVELS MATRIX FOR HHW TEMPORARY COLLECTION EVENT Minimum staffing per EVENT are based on scenarios indicated in the following table: Event Size (Number of participants) NUMBER of STAFF HOURS of OPERATION' PARTICIPANT FLOWIRALFHOUR 200 -150 5 9 a.m. —1 p.m. 25 150 -100 4 9 a.m. —1 p.m. 19 100 -50 3 9 a.m. —1 p.m. 13 50 -1 2 9 a.m. -1 p.m. 7 1. On -site hours over six (6) will be charged at a rate of $37 per hour, per person. This only applies to hours worked over 6 due to unforeseen circumstances, such as: an overage of participation of 25% or more than indicated in the Notice to Proceed, or larger than expected waste volumes (over 120 pounds average per vehicle). The SPONSOR will not be invoiced for extra hours incurred that are related to Contractor's operations, i.e. staff remaining on site waiting for a transport vehicle, etc. 30 Exhibit A C. COSTS FOR UNACCEPTABLE WASTES Contractor's total charge for unacceptable wastes are set forth in the following table. Unacceptable wastes include Biological Waste, Cylinders, Explosives (including ammunition), Radioactives, and Reactive materials. The CONTRACTOR shall endeavor to utilize every precaution to prevent the acceptance of unacceptable waste. Unacceptable wastes which are inadvertently accepted at events shall be stored and disposed as follows: Sponsor Material Specified Cost Type Transport Destination Facilities Use Management Unit Cost ($) Hauler (Sect. IV) Onl Method Sect. II 1) Biological Waste incineration Cost' Plus 15% 1,2 1 (no body parts or fluids, or needles not in sealed unbreakable containers 2) Containerized incineration Cost' Plus 15% 35 35 Sharps 3) Cylinders, small depressurize / $20.00 EACH 1,2 12 camping type reclaim (propane) 4) Cylinders, large depressurize/ $60.00 EACH 1,2 12 barbecue type Reclaim (propane). 5) Other gas depressurize/ Costa Plus 15% 1,2 1 - c linders2 Reclaim 6) Explosives destruction Cost ^Plus 15% 3 20 7) Radioactives storage Cost' Plus 15% 5,6 35,36 8) Reactives labpack/ $9.00 per gross pound 112 1,5,11 incineration In this table, cost means all actual out -of- pocket expenditures of the CONTRACTOR. ' Cost may include, but is not limited to: Technician/Labor rates for Lab Pack or Field Technician, transportation fee, supplies, disposal/management, tax on supplies only. A minimum fee of $300 is applicable to Containerized Sharps for disposal, labor and mileage. Price range for Cylinder Management is from $110 to $5,325 based on the condition and type of cylinder. ' Cost may include, but is not limited to: Disposal and/or recycling, handling, packaging, tapping, re- valve, analysis, transportation and applicable taxes. ` Cost may include, but is not limited to: Usual Technician rates (weekday), Technician Rate (weekend), mileage from portal to portal, disposal/management, magazine transport, supplies, tax (on supplies only), minimum $300 fee for disposal, labor and mileage. ',Cost may include, but is not limited to: Technician/Labor rates for Lab Pack or Field Technician, transportation fee, supplies, disposal/management, tax on supplies only. Cost will vary dependent on concentration level and isotopes. 31 0 () °1.1-3 D. CONTRACTOR PROVIDED SERVICE OPTIONS Exhibit CONTRACTOR'S total charges for service options are set forth in the following table. CONTRACTOR shall provide those options selected by We SPONSORS in the Notice to Proceed. Sponsor Contractor Provided Service Options Total Cost Use Only For Temporary HHW Collection Events. 1) Obtain all permits and variances $250.00 2) Equipment Rental. CONTRACTOR shall provide ONE (1) forklift if $225.00 requested by the event SPONSORS. 3) Arranges for and disposes of all non-hazardous solid waste. $500.00 4) Door to Door Collection of materials from homebound, elderly or $37.00 per hour per disabled. Transport of wastes from PARTICIPANTS' home to collection CONTRACTOR staff EVENT site. CONTRACTOR shall provide a minimum of two staff persons person, minimum two for this program. (2) staff persons. ($148 minimum charge) 5) Reuse Material Program Staffing. CONTRACTOR shall provide one (1) $200 per staff per day staff person to oversee reuse area. 6) 40-hour Trained Staff Rebate. If SPONSORS replace CONTRACTOR $225 per staff person per staff assigned to the hot zone with a SPONSORS'40 hour trained staff, day. CONTRACTOR shall credit the SPONSORS. 7) Administrative Staff Rebate. If the SPONSORS replaces $125.00 per staff person CONTRACTOR administrative staff with SPONSORS' staff, per day. CONTRACTOR shall credit the SPONSORS. 8) Additional CONTRACTOR labor to perform seiN.,ices that SPONSORS $225 per staff per day would otherwise perform. 9) Return of recycled Latex paint to SPONSORS. CONTRACTOR shall $4.00 to $8.00 per return recycled latex paint in 5 gallon buckets. Cost per gallon dependant on - Gallon uanti de, color, screening, and application. 10) Designation of alkaline batteries for recycle. $1.00 per gross pound per shipping container 11) Operates HHW appointment system. CONTRACTOR shall supply a 1- $7.00 per Appointment 800 phone line and provide the following appointment services: • Check system at least three times a day (around 8:00 a.m., 12:00 noon, and 4:00 p.m.) on regular work days for calls for four weeks leading up to the collection event; • call back residents wishing to make appointments or have questions within the same day if possible, but no later than the next regular work day; • mail appointment cards to resident the same day if possible, but no later than the next regular work day; • update SPONSORS on the number of appointments by sending via FAX a weekly summary of appointments scheduled; the summary will be sent in the morning on the first regular work day of the week for the first three weeks, and daily during the week before the collection event; • maintain appointment system database. 32 00071 Exhibit A E. CESOG RATE SCHEDULE CONTRACTOR'S total charges for CESQG program implementation are set forth .in the following table. CONTRACTOR shall require PARTICIPANT to submit a $25.00 registration fee to be paid directly to the CONTRACTOR prior to the EVENT. CONTRACTOR shali'apply collected registration fee towards waste management costs. The CONTRACTOR shall notify PARTICIPANT that all "No Shows" will forfeit their registration fee. All charges include total: management of CESQG program by CONTRACTOR 2 All per pound charges are based on gross weight. This includes all packing material(s) and outside container(s). 33 CESQG UNIT RATES' $25.00 Registration Fee Waste Stream Cost Per Unit Unit of Measure Fuel. Blended Material Paint (Oil /Latex) $ 2.20 Pound Solvents $ 220 Pound Contaminated Motor Oil $ 2.20 Pound Pesticides Liquid Poisons $ 2.25 Pound Poison Solids $ 3.00 Pound Chlorinated Solvents /Oil $ 2.25 Pound Corrosives (Acids and Bases) Inorganic Liquid $ 2.25 Pound Inorganic Solid $ 3.50 Pound Organic Liquid $ 2:50 Pound Organic Solid $ 4.50 Pound Oxidizers Liquid $ 4.15 Pound Solid $ 4.15 Pound Aerosol Cans $ 6.00 Each Landfill /Asbestos $ 2.50 Pound Antifreeze $ 0.74 Pound Empty Drum Disposal $50.00 55 Gallon Drum $30.00 30 Gallon Drum $15.00 15 -20 Gallon Drum $ 5.00 5 Galion Drum Mercury $10.50 Pound Fluorescent Tubes $ 1.00 Foot PCB Ballasts $ 2.50 Pound Motor Oil N/C Oil Filters $2.50 Each Lead Acid Batteries $ 1.50 Each Household Batteries $2.50 Pound Ni Cad Batteries $ 2.00 Pound Freon /Propane Cylinders <5 Gallon $20.00 Each >5 Gallon $60.00 Each HazCat - Unknowns $15.00 Each Reactives /Not Otherwise Specified Case by Case Basis Each All charges include total: management of CESQG program by CONTRACTOR 2 All per pound charges are based on gross weight. This includes all packing material(s) and outside container(s). 33 Exhibit A SECTION VII. CITY /COUNTY FORMS NOTICE TO PROCEED TEMPORARY HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM Dated 19_ To: (Contractor) Address: Re: Contract for collection, transportation, and recycling or disposal of Household Hazardous Waste. You are hereby notified, as we have mutually agreed, that services shall be required at in accordance with the provisions set forth in the Agreement. The event should serve approximately vehicles (Name) , (title) is hereby designated by the City/County as the Project Manager for the event and is hereby authorized to act on behalf of the SPONSOR in all matters including procedural or logistical changes to this Notice to Proceed, within the scope of the Agreement, should they be necessary. - (Name) (title) is hereby authorized to act on behalf of the (City /County) as legal generator of materials accepted. ' (Name) , (title) shall act on behalf of the (City/County) in matters pertaining to its budget including procedural or logistical changes to this Notice to Proceed, within the scope of the Agreement, should they be necessary. Date Collection Hours Specific options selected for this event are checked in the "Sponsor Use Only" column of attached exhibits. All materials shall be weighed to obtain average gross weights per vehicle. Material to be bulked on -site are oil and antifreeze. Comments: Sponsors reserves the right to modify indicated collection hours. {including any additional comments or instructions required as specified by the AGREEMENT} CITY OF By (Name/Title) COUNTY OF VENTURA By (Name /Title) Date Date 34 0 t-4 8 Exhibit A NOTICE TO PROCEED CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR WASTE COLLECTION PROGRAM Dated To: (Contractor) Address: Re: Contract for collection, transportation, and recycling or disposal of Household Hazardous Waste You are hereby notified, as we have mutually agreed, that services shall be required at in accordance with the provisions set forth in the Agreement. The event should serve approximately Conditionally Exempt Small Quantity Generator (CESQG) businesses at unit costs not to exceed the attached Rate Schedule. (Name) (title) is hereby designated by the City /County as the Project Manager for the event and is hereby authorized to act on behalf of the City/County in all matters including procedural or logistical changes to this Notice to Proceed, within the scope of the Agreement, should they be necessary. (Name) , (title) is hereby authorized to act on behalf of the (City/County) as Iegal generator of materials accepted. (Name) , (title) shall act on behalf of the ) in matters pertaining to its budget including procedural or logistical changes to this Notice to Proceed, within the scope of the Agreement, should they be necessary. Date Collection Hours Specific options selected for this event are.checked in the "Sponsor Use Only" column of attached exhibits. All materials shall be weighed to obtain gross weights. Material to be bulked on -site are oil and antifreeze. Comments: Sponsors reserves the right to modify indicated collection hours. {including any additional comments or instructions required as specified by the AGREEMENT} CITY OF By (Name /Title) Date COUNTY OF VENTURA By (Name/Title) Date 35 _ OOV L Exhibit A SECTION VIII. PERFORMANCE STANDARDS Should any conflict exist between the performance standards outlined in this section and any other section contained in this Agreement, the performance standards as outlined herein shall govern. The CONTRACTOR shall adhere to the following performance standards: 1) Site Set -up. All site set -up shall be completed not less than 15 minutes prior to the scheduled opening of the EVENT. The SPONSORS' designated Project Manager shall make the necessary arrangements to provide the CONTRACTOR access to the site at least 24 hours prior to the scheduled EVENT starting time to insure adequate preparation time for the coordination of materials and supplies, as well as complete site set -up. In the event that the SPONSORS cannot provide the CONTRACTOR full access to the entire facility at least 24 hours prior to the scheduled EVENT starting time, the Contractor shall be responsible for only limited site set -up to the extent that PARTICIPANTS can be accepted and their waste processed in complete compliance with all appropriate permits and variances. 2) Site Breakdown. The SPONSORS expect site clean-up and shipment of materials collected, and removal of unused supplies, materials, non - hazardous waste, and equipment be completed prior to 12:00 a.m. of the morning following the final day of the EVENT unless other prior arrangements are authorized by the SPONSORS' designated Project Manager. 3) CESQG Appointment Line. The SPONSORS expect all CESQG information and/or appointment calls to be handled within 48 hours of receipt. Failure to meet the SPONSORS' expectations as outlined are sufficient grounds for termination of this Agreement. In lieu of termination, the SPONSORS shall assess the following liquidated damages for each occurrence of nonconformance to the aforementioned standards: 1) Site Set -up. If the site is not setup within the time frames agreed upon between the CONTRACTOR and the SPONSORS which results in the delay of the opening of the event, liquidated damages shall equal a flat rate of $225.00 per EVENT. 2) Site Breakdown. If site breakdown is not completed by the time period specified above, liquidated damages shall equal a flat rate of $225.00 per EVENT. 3) CESQG Appointment Line. If CESQG information calls are not.handled by the time period specified above, liquidated damages shall equal a flat rate of $125.00 per EVENT. Intervention by outside emergency agencies, evacuation, or other activation of the contingency plan to mitigate a release or other immediate hazards posed by forces beyond the control of the CONTRACTOR voids the liquidated damages as defined above. 36 00074, 0