Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
 
     
     
    HomeMy WebLinkAboutC11-077 Clean Harbors Environmental Services		     	AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND CLEAN HARBORS
			   	ENVIRONMENTAL SERVICES, INC. TO EXTEND BASE AGREEMENT TO
			  	TRANSPORT AND DISPOSE OF HOUSEHOLD,HAZARDOUS WASTE  FROM
								   	COUNTY LANDFILL
		   	This Agreement to Extend ( "Extension Agreement ") between Eagle County, Colorado  ri
		   	("Canty") and Clean Harbors Environmental Services, Inc. ( "Contractor "), made this	 	day
		   	of   	WO()	    	, 2011.
								   	WITNESSETH:
			    	WHEREAS, the parties hereto on August 20, 2009 entered into an agreement relating to
		   	transport and disposal of household hazardous waste ( "The Base Agreement "; Appendix A
		   	hereo); and
			    	WHEREAS, the parties hereto on January 5, 2010 extended the Base Agreement by one
		   	year (Extension Agreement; Appendix B); and    	.
			    	WHEREAS, the parties wish to extend the Base Agreement for an additional year from
		   	its expiration date of December 31, 2010 as contemplated by the Extension Agreement.
			    	NOW, THEREFORE, the parties agree as follows:
			    	The Base Agreement, a copy of which is appended hereto as Appendix A, is hereby
		   	extended from December 31, 2010 through December 31, 2011.
			    	The Agreement may be terminated at any time before December 31, 2011 by either party
		  	for any reason, with or without cause, upon fifteen days written notice to the other party.
					    	// The rest of this page has been left intentionally blank//
	 	bL  r Lb  �1�J11  1 5: i  J     	t- r om: y (U-Sb.54+bb		 	LH1aLL  LU.  LHNUI 1LL			 	rage : _5/.5
			•
		     	IN WITNESS W  EREOF, COUNTY and CONTRACTOR have executed this Agreement this
			 	V    	day of			 	2011
		     	ATTEST:								COUNTY OF EAGLE, STATE
											  	OF COLORADO, by and
								  	�►scp			through its BOARD OF
									   	c o	    	C • .   	TY COMM '  STONERS
		     	B						    	,r	    	BY
		     	Clerk to the Boa t%  of County     	°e. RA P°		   	J •   	. tavney, Chairs   	n
		     	Commissioners
											  	CONTRACTOR:
											  	B Y:"`'/
											  	Title:		7314  -		     	.
		     	STATE OF COLORADO			 	)
		     	COUNTY OF						)
		     	The foregoing instrument was acknowledged before me by ?akrt     	Scb    	HACr  this
			 	14-f     	day of  t  cbriY2X -{   	, 2011.
		     	Niy co     	Ssion ex •ir:   	�� .     	' �l			    	_ ,��•���
													   	pVB  %
		     	Notary Pu.lic						    	��.
												     	ALYSE
												    	DOLCE
											     	••, \ Of  CO` --
													My Comm. Exp. Mar. 22.2014
				     	AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND
					   	CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.
			   	THIS AGREEMENT ( "Agreement "), dated this�Ut.y of     	vt.9UlE     	, 2009
			  	between Eagle County, Colorado, ( "County ") and Clean Harbors Environmental
			   	Services, Inc., a company with its principal place of business at 42 Longwater Drive,
			  	Norwell, MA 02061  ( "Contractor ").
									 	WITNESSETH:
			  	WHEREAS,  County  desires  to  hire  a  vendor  to  transport  and  properly  dispose  of
			  	household hazardous waste and conditionally exempt small quantity generator hazardous
			  	waste collected at its permanent collection facility located at the Eagle County Landfill
			  	near Wolcott, Colorado.
			  	WHEREAS,  Contractor  is  authorized  to  do  business  in  the  State  of  Colorado,  has
			  	experience and expertise in the management of hazardous wastes and wishes to provide
			  	said services to County; and
			  	WHEREAS,  County and Contractor intend by this Agreement to set forth the scope of
			  	the responsibilities  of Contractor  in  connection with  the  services  provided  and related
			  	terms  and  conditions  to  govern  the  relationship  between  Contractor  and  County  in
							-   	—		     	- - - --
			  	Connection With this Agreemerit.
			  	NOW, THEREFORE, in consideration of the foregoing premises and the following
			  	promises, County and Contractor agree as follows:
			  	1.		SCOPE OF WORK:  The following will collectively be referred to as the
			  	"Work:"
				   	A.		Contractor agrees to provide a vehicle  and personnel  suitable to pick up
				   	quantities  of waste  specified  on  a pre - arranged  date  and time  for transport  and
				   	delivery to  recycling,  treatment  and/or  storage  and  disposal  facilities,  as  more
				   	specifically set forth in Exhibit "B ", attached hereto and by this reference, made
				   	part of the agreement.
				   	B.		Contractor  agrees  that  Contractor  will  not  enter  into  any  professional
				   	service agreements or consulting arrangements with third parties that will conflict
				   	in  any  manner  with  the  Work  to  be  provided  under  this  Agreement.   	County
				   	agrees  that  County  will  not  enter  into  any  consulting  arrangements  with  third
				  	parties that will conflict with the Work to be provided under this Agreement.
										  	1
																   	1
			 	•
			   	2.		CONTRACTOR'S REPRESENTATIONS:
				    	A.		Contractor has familiarized itself with the nature and extent of the contract
			   	documents, work, locality, and with all local conditions, and federal, state, and local laws,
			   	ordinances, rules, permits and regulations that in any manner may affect cost, progress, or
			   	performance of the work.
				    	B.		Contractor will provide proof of licensed and permitted facilities that are
			   	to  be  used  by  Contractor  for  the  management  of materials  received  from  the  Eagle
			   	County Household Hazardous  Waste  Collection Facility.   	County reserves  the right to
			  	inspect any facility used by Contractor.
			  	3.		CONTRACT PRICE
				    	A.		The funds appropriated for this project are equal to or in excess of the
			  	contract amount.  County shall pay Contractor for performance of the work in accordance
			  	with the Contract Documents in current funds as follows:
				   	Pricing is inclusive of all costs associated with the transportation, disposal
				   	and/or  recycling  of  the  materials  list  in  the  following  tables  attached
				   	hereto as Exhibit "C ".  Pricing shall be based on the services provided for
				   	the remainder of 2009.
				   	This corresponds to Contractor's quote dated July 3, 2009, attached hereto
				   	as Exhibit "C" and incorporated herein by this reference.
				   	County will issue full payment within thirty (30) days upon receipt of the
				   	invoice and original manifest signed by the designated facility certifying
				   	receipt of materials. County also requests certificates of destruction and/or
				   	recycling  within  six  (6)  months  of the  date  of Contractor's  receipt  of
				   	materials.   	Certificates  will  document methods  and  facilities  of disposal
				   	and/or recycle.
				  	B.		Notwithstanding  anything  to  the  contrary  contained  in  this  Agreement,
			 	County shall have no obligations under this Agreement after, nor shall any payments be
			 	made  to  Contractor  in  respect  of  any  period  after  December  31,  2009  without  an
			 	appropriation therefore by County in accordance with a budget adopted by the Board of
			 	County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised
			 	Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101  et.seq.) and the TABOR
			 	Amendment (Colorado Constitution, Article X, Sec. 20).
										 	2
			 	•
			   	4.		TERM
				    	A.		The  work will  commence upon  notification by the  Eagle  County HHW
			   	facility to Contractor that sufficient material has been collected and packaged to warrant
			   	a pick -up.
				    	B.		The work is expected to be ongoing over a periodic basis until December
			   	31,  2009.   	This  agreement may be renewed  annually by a mutual  agreement to  renew
			   	between County and Contractor.
			   	5.		INDEMNIFICATION:
			   	The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless
			   	County and any of its officers, agents and employees against any losses, claims, damages
			  	or liabilities for which County or any of its officers, agents, or employees may become
			  	subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly
			  	or indirectly, this Agreement, or are based upon any performance or nonperformance by
			  	Contractor hereunder; and Contractor shall reimburse County for any and all legal and
			  	other expenses incurred by County in connection with investigating or defending any
			  	such loss, claim, damage, liability or action.  Notwithstanding the foregoing,
			  	Contractor's obligation to indemnify the County shall not apply to the extent any loss or
			  	damage is caused by the negligence or willful misconduct of the County.  No part of this
			  	Agreement or any actions taken pursuant hereto shall be deemed a waiver of the
			  	Governmental Immunity Act, C.R.S. §24 -10 -101, et seq., by any party covered by the
			  	Act.
			  	6.		ENFORCEMENT REMEDIES:
				   	A.		The  Contractor's  obligations  hereunder  shall  survive  termination  of the
			 	Agreement.
				   	B.		County  and  Contractor  agree  that  this  Agreement  may be  enforced  for
			 	specific performance, injunctive, or other appropriate relief,  including damages,  as may
			 	be available according to the laws and statutes of the State of Colorado.  It is specifically
			 	understood  that by executing this  Agreement,  both  County and  the  Contractor commit
			 	themselves  to  perform pursuant  to  these terms  contained  herein.   	In the  event that  an
			 	action is brought to enforce this Agreement, the prevailing party shall be entitled for the
			 	recovery of its costs and fees, including reasonable attorney's fees.
			 	7.		MISCELLANEOUS:
				  	A.		This Agreement shall be governed and construed in accordance with the
			 	laws  of Colorado.   	Venue  for  any  action  arising  out  of any dispute  pertaining to  this
			 	Agreement  shall  be  in  the  State  of Colorado  District  Court  in  and  for  Eagle  County,
			 	Colorado.
										 	3
			 	•
				    	B.		This  Agreement,  and the rights  and  obligations  created hereby,  shall  be
			   	binding  upon  and  inure  to  the  benefit  of County  and  Contractor  and  their  respective
			   	successors  and assigns.   	Nothing herein expressed or implied is  intended  or should be
			   	construed to confer or give to any person or entity other than County or Contractor and
			   	their respective  successors  and assigns,  any right,  remedy or claim under or by reason
			   	hereof or by reason of any covenant or condition herein contained.
				    	C.		If any portion of this Agreement is held invalid or unenforceable for any
			   	reason by a court of competent jurisdiction, such portion shall be deemed severable and
			   	its  invalidity  or  its  unenforceability  shall  not  affect  the  remaining  provisions;  such
			   	remaining provision shall be fully severable and this Agreement shall be construed and
			   	enforced as if such invalid provision had never been inserted into this Agreement.
				    	D.		This  Agreement  may be  amended,  modified,  changed,  or  terminated  in
			  	whole or in part only by written agreement duly authorized and executed by both County
			  	and  Contractor.   	This  Agreement  represents  the  full  and  complete  understanding  of
			  	County and  Contractor and  supersedes  any prior agreements,  discussions,  negotiations,
			  	representations  or understandings  of County and  Contractor with respect to the  subject
			  	matter contained herein.
				    	E.		The  parties  hereto  agree  that  neither  has  made  or  authorized  any
			  	agreement with respect to the subject matter of this instrument other than expressly set
			  	forth  herein,  and  no  oral  representation,  promise,  or  consideration  different  from  the
			  	terms herein contained shall be binding on either party, or its agents or employees hereto.
				   	F.		County may terminate this Agreement, in whole or in part, for any reason,
			  	at  any time,  with or without cause,  upon providing ten  (10)  days notice to  Contractor.
			  	Upon such termination, County shall be liable for Services satisfactorily completed prior
			  	to the notice.
			  	S.		INSURANCE
				   	A.		At all times during the term of this Agreement, Contractor shall maintain
			 	commercial  general  liability insurance  in  the minimum  amount  of two  million  dollars
			 	($2,000,000.00) per injury,  and the minimum aggregate amount of three million dollars
			 	($3,000,000.00).  Contractor will carry Contractors Pollution Liability in the amount of
			 	ten  million  dollars   	($10,000,000)   	for  each  occurrence  and  ten  million  dollars
			 	($10,000,000)  for  the  aggregate  of  all  claims  and  will  provide  any  other  coverage
			 	required by State and Federal law or generally maintained in the industry of household
			 	hazardous waste collection, transport and disposal including vehicle liability.  Contractor
			 	will also carry Worker's Compensation insurance as required by Colorado law.
				  	B.		All insurance required hereby shall be issued by an insurance company or
			 	companies authorized to do business in the State of Colorado.  Certificates of Insurance
			 	acceptable to  County shall be  filed with  County prior to  commencement of the Work.
			 	Coverage afforded under the policies will not be canceled until at least thirty days prior
										  	4
			   	written notice has been given County.  Contractor and his subcontractors shall not permit
			   	any of his  subcontractors to  start Work until  all required insurance have been obtained
			   	and certificates with the proper endorsements have been filed with County.  Failure of the
			   	Contractor to  comply with the foregoing insurance requirements  shall in no  way waive
			   	the County's rights hereunder.
			   	9.		NOTICE AND AUTHORIZED REPRESENTATIVES
			   	Any notice and all communications required under this Agreement shall be given in
			   	writing by personal delivery, fax or mail to the appropriate party at the following
			   	addresses:
			  	County:							 	Contractor:
			  	Ronald L. Rasnic, Solid Waste Manager			mk +  &IY[   	S GVVVlrr   	w�.k	 	_
			  	Solid Waste & Recycling Department		   	C' Wl U1.'  I.C.  Kf t14:    	VQp�� C
			  	P.O. Box 250						  	l4   	L6n  wa ter     	r-   	r"  W   	tv  ,1-e
			  	Eagle, Colorado  81631				     	.1VmatAt tl r  Wt 19  O  4.p i
			  	(970) 328 -3465 (p)					  	Phone   	1Q1  7q a -    	A3a
			  	(970) 328 -3466 (f)					   	Fax   	— I n I   	11   	6   	D5
			  	Notices shall be
							deemed given on the date of delivery or three days after the postmarked
			  	date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal
			  	Service.
			  	10.     	PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES:
			  	If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. §
			  	8- 17.5 -101,  et seq.,  regarding  Illegal  Aliens  —  Public  Contracts  for  Services,  and  this
			  	Contract.  By execution of this Contract, Contractor certifies that it does not knowingly
			  	employ or contract with an illegal  alien who will perform under this  Contract and that
			 	Contractor will  participate  in the  E -verify Program  or other Department  of Labor  and
			 	Employment program  ( "Department Program ") in order to  confirm the  eligibility of all
			 	employees who are newly hired for employment to perform work under this Contract.
				  	A.		Contractor shall not:
					    	(i)		Knowingly employ or contract with an illegal alien to perform
						     	work under this contract for services; or
					    	(ii)     	Enter into a contract with a subcontractor that fails to certify to the
						     	Contractor that the  subcontractor  shall  not knowingly  employ or
						     	contract  with  an  illegal  alien  to  perform  work  under  the  public
						     	contract for services.
										  	5
				    	B.		Contractor has confirmed the employment eligibility of all employees who
							are  newly  hired  for  employment  to  perform  work  under  this  Contract
							through participation in the E -verify Program or Department Program,  as
							administered  by  the  United  States  Department  of  Homeland  Security.
					     	Information on applying for the E -verify program can be found at:
					     	http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm
				    	C.		The  Contractor  shall  not  use  either  the  E -verify  program  or  other
					     	Department Program procedures to undertake pre - employment  screening
					     	of job applicants while the public contract for services is being performed.
				    	D.		If the Contractor obtains actual knowledge that a subcontractor performing
					     	work  under  the  public  contract  for  services  knowingly  employs  or
					     	contracts with an illegal alien, the Contractor shall be required to:
					     	(i)		Notify the subcontractor and the County within three days that the
								Contractor  has   	actual   	knowledge   	that   	the   	subcontractor   	is
								employing or contracting with an illegal alien; and
					     	(ii)     	Terminate  the  subcontract  with  the  subcontractor  if within  three
								days of receiving the notice required pursuant to subparagraph (i)
								of the paragraph (D) the subcontractor does not stop employing or,
								contracting with the illegal  alien;  except that the Contractor shall
								not  terminate  the  contract  with  the  subcontractor  if during  such
								three days the subcontractor provides information to establish that
								the subcontractor has not knowingly employed or contracted with
								an illegal alien.
				   	E.		The  Contractor  shall  comply  with  any  reasonable  request  by  the
					    	Department  of  Labor  and  Employment  made  in  the  course  of  an
					    	investigation that the department is undertaking pursuant to  its  authority
					    	established in C.R.S. § 8- 17.5- 102(5).
				   	F.		If a Contractor violates these prohibitions,  the County may terminate the
					    	contract  for  a  breach  of the  contract.   	If the  contract  is  so  terminated
					    	specifically for a breach of this provision of this Contract, the Contractor
					    	shall  be  liable  for  actual  and  consequential  damages  to  the  County  as
					    	required by law.
				   	G.		The  County  will  notify the  office  of the  Colorado  Secretary of State  if
					    	Contractor  violates  this  provision  of  this  Contract  and  the  County
					    	terminates the Contract for such breach.
			 	12.     	SOLE  SOURCE  GOVERNMENT  CONTRACTS   	If the  Contractor
			 	has entered into a sole source government contract or contracts with the State of
										  	6
			   	Colorado or any of its political subdivisions as defined in Article XXVIII of the
			   	Colorado Constitution which including this contract in the aggregate on an annual
			   	basis  are  equal  to  or  exceed  the  amount  of  $100,000,  then  the  following
			   	provisions apply:
				    	A.		Because of a presumption of impropriety between contributions to
				    	any campaign and sole source government contracts, Contractor, on behalf
				    	of itself, any person who controls ten percent or more of the shares of or
				    	interest  in  the  Contractor,  and  the  Contractor' s  officers,  directors  and
				    	trustees (collectively, the "Contract Holder ") shall contractually agree, for
				    	the duration of the contract and for two years thereafter, to cease making,
				    	causing to be made, or inducing by any means, a contribution, directly or
				    	indirectly,  on behalf of the Contractor Holder or on behalf of his  or her
				    	immediate family member and for the benefit of any political party or for
				    	the benefit of any candidate for any elected office of the state or any of its
				    	political subdivisions.
				    	B.		The parties further agree that if a Contract Holder makes or causes
				    	to be made any contribution intended to promote or influence the result of
				    	an election on a ballot issue, the Contract Holder shall not be qualified to
				    	enter  into  a  sole  source  government  contract  relating  to  that  particular
				    	ballot issue.
				    	C.		The parties  agree that  if a Contract Holder intentionally violates
				    	sections  15  or  17(2)  of Article XXVIII  of the Colorado  Constitution,  as
				    	contractual  damages that Contract Holder shall be ineligible to hold any
				    	sole source government contract,  or public employment with the state or
				    	any of its political subdivisions, for three years.
				   	D.		The  Contract  Holder  agrees  to  comply  with  the  summary  and
				   	notice  provisions  of  Section  16  of  Article  XXVIII  of  the  Colorado
				   	Constitution.
				   	E.		These  provisions  shall  not  apply  to  the  extent  they  have  been
				   	enjoined or invalidated by a court of competent jurisdiction.
				   	F.		All  terms  used  in this  Section  and  not  otherwise  defined  in this
				   	Agreement shall have the same meaning as set forth in Article XXVIII of
				   	the Colorado Constitution.
					     	11  The rest of this page has been left intentionally blank 11
										  	7
			 	•
			   	IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this
			   	Agreement this   	O10 ofAli4S  "2009.
			   	ATTEST:						     	COUNTY OF EAGLE, STATE
													OF COLORADO, by and
													through its BOARD OF
											c	     	COUNTY COMMISSIONERS
						 	Nib			a	  	oG
			   	B  111‘ _  _    	al	     	. 1 . t		 	BY:  jijin  g / t O keA......
			   	Clerk  o the Boar rof County   	*   	li   	*		    	Sara J. Fisher, Chairman
			   	Commissioners				catoRNIo
					   	0-
			  	10.) 4'.    	� -				I D Rip ,, ; ,.			Contractor:
															  	i
											     	BY:
												    	W 1((SS.rvL r :  o'Cc..v cr  8 vP
			   	STATE OF	   	.f.aga  kt./S  e   	_)
										    	) SS.
			   	COUNTY OF	    	I`' IX		`  (e l-		)
														  	14I Itic sk- "r
			   	The  foregoing  instrument  was  acknowledged  before  me  by		C.) 'Ccivt. V1 or
			  	this 01C' -'da of .AtAi t.(		    	, 2009.
			   	J y commission expires:	  	•
			  	Notary Public
			     	1    	114  COLEEN O'DONNELL ROBBIE j
						  	A TH  Public
						; COMMONWEALTH OF MASSACHUSETTS
					     	My Commission Expires
						   	May 3 2013
										  	8
															    	EXHIBIT "B"
									 	SCOPE OF WORK
			    	1.  General Information
			   	Eagle County, Colorado operates a permanent Household Hazardous Waste Collection
			   	(HHWC) Facility located at the Eagle County Landfill north of Wolcott, Colorado.
			   	Programs offered at the HHWC Facility include household hazardous waste collection
			   	and Conditionally Exempt Small Quantity Generator (CESQG) hazardous waste
			   	collection.  Services are offered only to residents and CESQGs of Eagle County.
			   	This facility operates five (5) days per week on a year around basis and serves a
			   	population of approximately 50,000.  Typical materials collected include, but are not
			   	limited to:  pesticides, poisons, flammable paint and solvents, motor oil, antifreeze,
			  	gasoline, automotive products, latex paint, cleaners, hobby chemicals, aerosols, acids,
			  	bases, oxidizers, batteries of all types, fluorescent lights, mercury- containing items,
			  	compressed gas cylinders and PCB containing materials.  This facility does not
			  	knowingly accept:  radioactive materials, explosives, bio- hazard wastes and asbestos.
			  	The following materials are expected to be recycled or managed locally:  latex paint, auto
			  	/truck batteries, rechargeable batteries and fluorescent tubes.
			  	Eagle County HHWC staff will perform all packaging of materials, labeling of containers
			  	and complete all transportation documentation (manifests, bills of lading) in accordance
			 	with all Department of Transportation (DOT) and Environmental Protection Agency
			 	(EPA) regulations.
			 	Hazardous waste contractors will perform all transporting of materials.  Contractors are
			 	responsible for final disposal, recycling and /or any other agreed upon alternate treatment
			 	option.
			 	2.  Contractor Responsibilities
			    	A.  No assignment of any sub - contracted work will be allowed
				  	from Eagle County.  Any work performed by a Sub-Contractor		be prior
															     	ubjepc approval
																     	1
													   	t
				  	the same conditions applied to the Contractor and the Contractor shall be
				  	responsible to the county for such Sub - Contractors performance.
			    	B.  Contractor will provide a vehicle and personnel suitable to pick up the quantity of
				  	waste specified on a pre- arranged date and time for delivery to recycling,
				 	treatment and /or storage and disposal facilities.
			    	C.  Contractor will provide a management and disposal plan for the selected waste
				 	types with the contract agreement.
			   	D.  Contractor will provide to the Eagle County HHWC Facility a list of packaging
				 	requirements /instructions for all materials received from the HHWC Facility.
											18
				  	E.  Contractor will provide a list of specific waste streams that require special lab
				     	packing or other considerations during packaging.
				  	F.  By mutual agreement between Contractor and Eagle County HHWC Facility,
				     	additional categories of waste, along with agreed upon pricing and disposal may
				     	be added to the schedule of disposal categories.
				 	G.  Contractor will provide the appropriate shipping papers, manifests and any other
				     	documents necessary for proper transportation, disposal and /or recycling of
				     	materials from the Eagle County HHWC Facility.
				 	H.  The Eagle County HHWC Facility reserves the right to Choose the materials
				     	management method for any and all materials received by Contractor from the
				     	HHWC Facility.  Any other material management method or alternative processes
				    	must be proposed in writing and presented to Eagle County, Attention:  Solid
				    	Waste Manager for approval.
				 	I.   	Contractor, in conjunction with the Eagle County Solid Waste Manager and
				    	Hazardous Waste Specialist, will designate a primary facility for disposal and /or
				    	recycling of materials received from the Eagle County HHWC Facility.  If the
				    	primary designated facility is unable to accept a shipment of materials, then an
				    	alternate facility that has been pre- approved by the Contractor and Eagle County
				    	will be used.  Any time the alternate facility is used, Contractor will contact the
				    	Eagle County HHWC Facility within 48 hours.  If the use of the designated
				    	alternate facility is due to no fault of the Eagle County HHWC Facility, no
				    	additional charges will be levied for transportation to the alternate facility.
					J.   	Contractor will provide proof of licensed and permitted facilities, including EPA
				   	ID numbers that are to be used by Contractor for the management of materials
				   	received from the Eagle County HHWC Facility.  Eagle County reserves the right
				   	to inspect (at County's expense) any facility used by Contractor.
			     	K.  Any change to the primary or alternate disposal facility will be submitted to Eagle
				   	County, Attn:  Solid Waste Manager in writing.  Eagle County will inform
				   	Contractor of approval or non - approval within 30 days.
			     	L.  Contractor will be responsible for transporting all materials received from the
				   	Eagle County HHWC Facility.  Contractor will ensure that the transporter has all
				   	required permits and licenses in accordance with local, state and federal
				   	regulations for the transportation of materials received from the Eagle County
				   	HHWC Facility.  Contractor shall provide the location, address, EPA ID and DOT
				  	ID number for every transporter utilized in this contract.  Contractor shall also
				  	ensure that any transporter utilized meets all insurance requirements as required
				  	by Eagle County.
			    	M.  Contractor will provide transportation for materials within ten (10) days of
				  	notification from the Eagle County HHWC Facility Hazardous Waste Specialist
				  	for shipment of materials.
			    	N.  Contractor will assume possession of the materials /waste the moment it leaves the
				  	Eagle County HWC Facility.  Contractor will manage all materials received from
				  	the Eagle County HHWC Facility in accordance with all applicable local, state
				  	and federal regulations for the transportation, storage and disposal /recycle of said
				 	materials.
										 	19
							   	1
	  	•
				 	O.  Contractor will return the original signed and dated manifest to the Eagle County
				    	HHWC Facility within thirty (30) days after delivery of materials to a disposal
				    	and /or recycling facility.  Contractor will send a certificate of disposal /recycling
				    	to the Eagle County Hazardous Waste Specialist within six (6) months after
				    	delivery of materials for treatment, recycling, landfilling or disposal.  If a
				    	certificate of disposal is not received within six (6) months, Contractor will
				    	provide a written explanation of the delay.  Eagle County reserves the right to
				    	terminate the contract if the written explanation is deemed unacceptable or no
				    	written explanation was provided.
					P.  Contractor will be solely responsible for maintaining all records required by local,
				   	state and federal laws for materials received and in their possession for wastes
				   	received from the Eagle County HHWC Facility.  Contractor will provide this
				   	information to Eagle County upon request.
					Q.  Contractor shall ensure that all insurance requirements per this contract are
				   	current.
			     	R.  Eagle County reserves the right to choose more than one contractor for
				   	transportation, disposal and /or recycling of any material.
			 	3.  Eagle County HHWC Facility Personnel Responsibilities
			     	A.  Eagle County HHWC Facility staff will provide ten (10) days notice for
				   	establishing a pick -up date.  The HHWC Facility staff will provide details of all
				  	waste types and quantities at this notification.
			     	B.  Perform all packaging of materials and labeling of containers in accordance with
				  	specification provided by Contractor, EPA and DOT.
			     	C.  Complete all transportation documentation to include manifests and bills of lading
				  	in accordance with all DOT and EPA regulations for materials received at the
				  	Eagle County HHWC Facility.
			    	D.  Assist with loading of materials to be shipped onto the transportation vehicle.
			    	E.  Ensure that transporters receive the proper shipping documentation (manifests,
				  	bills of lading) for materials being shipped.
											20
							  	E	  	E											c • 0
			LL:				    	*  •		    	fa.	 	Q .	 	a.		    	Q..	 	a .	   	N
			x		    	Pi  °	   	v	 	69  bA			   	69	    	Z	  	°°	 	bA
			_					 	o		    	to	 	to	 	to		    	:n
			7
			O
			a
							 	't7    	V1  C�    	t/1  d     	tIl  T3    	vl		    	N  'L3    	Vl  '•O
				    	• �  '�,			a3    	0 0  c� OIC     	•  Td		•  at    	N  a3	 	\ Q     	N  c�    	N  cd tO CY		    	7.
	     	Cr						 	69M    	69    	69    	6		 	69    	699
							  	a)	  	cu	  	N	  	N	  	N		    	N	  	N
								    	2	  	2	  	2	  	2	  	2	  	2	  	2
				    	•�  C	   	0	 	00  bA    	O  c    	O  c    	O  c	 	cd    	0  cd    	0 b
				    	a					i		 	N	     	.     	69  0.0    	Cv  r    	N  1:).0 y„•		    	t/)	 	to	 	Vl		    	V7	 	V7
							 	N	 	to	 	l!)	 	Vl		    	Vl	 	Vl
								    	N	  	N	  	N	  	N	  	N	  	a)	  	N
								    	S].	 	Q.	 	Q.	 	L1	 	C1.	 	Ca.	 	C].
				   	.,...  CA t` ,c	 	ccci	  	0	 	0	 	U	 	0		    	U	 	0
			    	,-,
				    	OA		  	a	 	tit	 	a	 	a	 	a	 	-B	 	a	 	a
			    	W	 	8 Uh	  	o	  	o	 	cd	 	al	 	a		    	at	 	c
				   	p i ¢~	 	a	 	a	 	a	 	a	 	a		    	a	 	a	   	co
						    	as
				   	0	     	w  ,-■		    	0	  	0
							 	Q-
				    	cl)		   	U		    	N	  	N
						 	0  0 ."	  	O					O	  	0	  	O	  	O al
																     	VS
		    	W				  	_					   	(0				 	as
		   	I.1	    	ai o									"		    	U
		   	CI	    	0
		   	Z								H	 	Ey
						    	0			 	co
											 	a
	    	ED    	0
		   	Z	    	c	   	y				   	0
	    	v    	U	    	'"	   	Q  vi		   	cd	 	-0					  	'L3
								   	as
		   	Cl.			  	o  O		    	STS     	>-s	 	i..	 	:-	 	�'
	    	to		     	>	   	o     	0	 	• 4    	•u,	 	•� . ..					o     	as
	    	al    	0
						 	a)  ‘..,r									    	•
	    	o    	H						    	o  o�j     	O	    	p	  	a�	  	as
	    	in    	m	    	6	   	0	    	?    	DTs    	U. �	 	a)			   	OO		  	L, it  g
							,	    	as     	o	  	0  . 5		    	E		 	0'
	   	U    	W			  	S."			 	D	  	O					  	.fl			=  i
	   	a)    	O			 	U			 	o	  	o	    	U			    	o		 	2  f4
	   	w    	c			    	U		    	U	 	U					  	U			—
																		     	01
																		    	0
			R						 	cd	  	2	  	cd	  	ct						 	N
			<L     	U  7,							   	A	  	f-1						 	M
	     	=    	a  C	     	Z	 	Z    	6  '     	N  b i				 	Z	 	Z-,	 	Z			)
								  	Q    	69  M	  	a)	  	N
								 	�L	 	N	  	f1	  	of 0.
			O
								 	2	  	2	  	2	  	2
	     	w    	T.  =				   	•	 	o	 	N	 	N
		    	a,	     	Z	 	Z    	-o bo
										�v,    	-, o     	-	  	Z	 	Z	 	Z
	     	ce					    	&a  M	 	V'1    	69  M     	EA  M
								 	N	  	N	  	N	  	a)
						     	2	  	2	  	>~	  	2		     	a)	  	2	  	2 E
				     	o	     	rs					b	 	Ti   	,,     	RI •.0  C	   	in  N    	p as    	o  id		 	o  cd     	o  ' c   	0  °	    	RS    	° p  cd
					  	a)		    	in	  	o	 	in	 	it     	O  >~
		    	Iwo ;a L="    	-	    	0		    	0	 	0	 	. L	  	.e7	  	0
													    	a	 	x	 	x
		    	u4)	    	o		    	o	  	o	 	cd	 	a	  	o	 	FA
		    	A.( Q 4 '"	 	a		    	0	  	0	 	'�	 	'�	  	0				    	N
										   	0	  	0
		    	P O
		    	0
													    	w				     	•
					  	0		    	0	    	=  a)  0  c  cl.)  0
									   	0  0  >C  0  0  >C  0		     	O	  	O
													    	cil C			     	0
						   	PO	  	s     	s	    	a
		    	CU							    	'
															 	CC3	  	+ C4
											  	Q   	' •
		    	at							   	�°     	� c
										  	o     	o
	    	to
	    	c
	    	0     	cd			cn	     	N	  	d"	 	O     	U	  	U	     	r
	    	12		     	cd	    	cd	 	a	 	VD		 	N OA	    	"Erd CU		   	k		    	o	  	°     	>~	    	"1:7
													   	W	 	p	  	a
	   	v     	0		  	2 0		    	.o	  	o    	•o	 	.X  •�
										    	c     	o  o	  	b n	 	o	  	,
	    	o    	's:					  	c>		 	s~	  	0	    	U CID
	    	a)						  	O		 	O	  	O
	   	w		     	a	    	a			   	A	 	A						     	a�  g
																			 	a
																			 	W
			..	 	•
			�''						 	_										  	O)
			•							     	_								     	o
			R				     	cd	  	a3	  	ai					    	cd			 	o
			u_				  	*   	P.	 	P1	  	Q,					    	Q.
			=			  	Z    	��,    	`'ry    	69  i	  	Z	  	Z	  	Z    	69 �	  	Z
															   	�,
			c				     	Q,	 	0 Q..	 	0.					    	0..
			o			    	_
			U
			O				     	E	  	E	  	E	  	a)				  	E
															   	2
	     	LL    	a		   	Z	 	Op    	69  by			N  bA	 	z	  	Z    	, N •
				.			   	�	 	°	 	°    	�			    	�c
			  	.r	    	E  s    	*  -�	 	••i	 	-    	0  . Cl)  —     	C)  —		    	�'
				  	M  O
				     	69  Q	  	N	  	N	  	N		 	O	  	-
												   	Q,  —  r-  O		 	,
															p.	 	1 -"  69
						     	a.	 	O..	 	Q.,			    	69	    	a    	69  ¢
			 	o
		    	C    	- ^	 	U	 	U					U	  	U
		    	, � .		 	a	 	a	 	,	 	.	 	a	  	a	  	cd	  	cc	  	cd IX .� � ��	  	o	  	o					4)		     	a	 	a	  	a
		    	CJ  o				     	fYl	 	al	  	`	  	�'		    	.n	  	o
		    	Q"�	  	0	  	0					0	  	0	  	a				   	w
												  	a							N
		    	o					O					O
						    	0		   	—
		    	y					 	4:	 	t.,.:.,.	  	a)
						    	U	 	"E	 	^C7	  	O
					  	O     	O cH     	O  c,3	  	cdf     	0 0  Q	  	O	  	O	  	O	  	O
		    	=			   	cd • ' 7 '     	ttl  r-4	 	a     	M  0	  	W	  	al	  	al
													     	t..	  	a.	  	‘-,
		    	ok			  	v	 	-o '�	  	d     	a) 4•	  	c)	  	• c>	  	U	  	c>
						 	-.�		    	al
		    	ct
						    	cl	  	Z
										    	• U
										     	Q.,
	    	0
	    	U     	0
	    	A     	O
	    	O    	.47;						I									 	cn
	   	R'    	. Q.				     	c/3	    	cn	  	N					    	-O
					 	v)		 	-o	    	1C7	 	"0
	   	0.5     	v											 	y		    	O
		   	E		   	CU
	   	I n     	.N		   	W		 	N  ap	  	N	 	o	  	U	  	1 1 1
	   	O     	,		   	N		 	Z												to
																			 	1
	   	o     	o				     	00	    	Z	  	O							    	=  6"
	   	W
	   	Tito					    	z
																			 	5.
										    	0					    	U	     	d
																			 	x
																		     	o
																		     	0
			0
																		     	N
			V																    	M
			   	C
			=    	Q+  `	     	Z
			Z
			C
			M
			0
			0
			a)
			rn
			ca
			W     	y
					  	Z 0     	1..,		  	Z
	     	W
					   	ct
		     	v			o  Q	 	a.)	    	o
			  	=	   	N	    	E	   	O
		    	i�	     	69  v	 	o.,	    	D
					  	a)				En En
						    	a)
						    	a
						    	2	    	0
		     	c S oo	   	.-				0
		    	.,72,  an r
		     	bD.S�	  	a3		     	c N
		     	0  ^ o a ,-,	 	a				2
		    	W d			  	N	    	s~										 	a) in	    	b										 	N
						   	69	    	a)
								  	I-.
						    	0	   	'b
		    	"GI
		    	o			    	.S�	   	N
								  	o
				     	O	    	_v	    	N
		    	C			N			  	p
				    	,=	    	0	    	G".
		    	cl
		    	`l			     	o
								  	1--
						   	E	   	0
	    	c				    	2
	    	U				     	"
	    	8 >.     	,			     	C1.	   	a)	    	.-.
						   	N
	   	ad     	V			b  _ U	 	EA    	64    	5   	01)  O.0  cd
	   	y     	a		   	�-	  	ti     	��     	4-,  Vl  o
	    	c     	A	     	'Y  d	 	�    	._..,     	En  in  en  v)
						   	[
						   	o	   	c4    	o  0  0 kr,
				   	: i i
																		  	r et s 0    	•						c a)     	^  V   	v)									 	3....  y
																		   	M  LI
	   	w				    	F    	*     	*												x
				IN WITNES   	WHEREOF, COUNTY and CONTRACTOR have executed this Agreement this
			   	"day o		  	'
				ATTEST:						   	COUNTY OF EAGLE, STATE
												OF COLORADO, by and
										     	through its BOARD OF
												COUNTY COM"?    	,
				BY: de					4'     	3   	BY
										 	*
				Clerk to the Board of  ounty	 	*				     	•
				Commissioners			   	C °1.0APb 9—			tit    	r  R.70		I  -6 1 241  " 47 1
												CONTRACTOR:
												BY:     	,"
				STATE OF  ._A/Lot5Saat Uk	  	)
				COUNTY OF   	rtymaiti
				TheAregoing instrument was acknowledged before me by    	I I fati'v this
			  	(Tr    	day of 1)eceoupe1,
				M,  commission e   	res: Or/		-
			    	—410
				i\lo 4  Publ c