HomeMy WebLinkAboutDoc 036 - IGA - DEQ - School Chemical RemovalDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of January 25, 2012
Please see directions for completing this document on the next page.
DATE: January 18,2012
FROM: Timm Schimke Solid Waste 317-3177
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TITLE OF AGENDA ITEM:
Consideration of Board Chair Signature of Document Number 2012-036, an intergovernmental
agreement with the Oregon Department of Environmental Quality to assist in the removal of unneeded
hazardous chemicals from school laboratories.
I PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
I
I The Department of Environmental Quality is overseeing a project to assess and remove any unneeded
hazardous chemicals from high school laboratories in Deschutes, Crook and Jefferson Counties. Efforts
include education and outreach to appropriate school staff, identifying and separating unneeded
chemicals from labs, and transport and disposal of these chemicals.
I The Department of Solid Waste will assist with scheduling for Deschutes County schools, and will
provide the transportation and disposal of all the chemicals through our Household Hazardous Waste
ProgramlFacility.
~
FISCAL IMPLICATIONS:
We expect to incur disposal costs of less than ten thousand dollars, and a minor amount of staff time.
There are sufficient funds budgeted in the program to cover those costs.
RECOMMENDATION & ACTION REQUESTED:
We agreed to accept out-of-county waste at our HHW facility as part of a $100,000 grant to assist with
construction of the facility. The remaining efforts on the part of our department are minimal. I
recommend Board approval.
ATTENDANCE: Timm Schimke.
DISTRIBUTION OF DOCUMENTS:
Return all signed copies to Solid Waste. State signatures will follow and a copy of the fully executed
document will be returned to administration.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: panuary 17, 20121 Department: ISolid Waste!
Contractor/Supplier/Consultant Name: Ore on De artment of Environmental Quali
Contractor Contact: IMaggie Conle~ Contractor Phone #: 503-229
151061
Type of Document: Intergovernmental Agreement
Goods and/or Services: DEQ will provide a contractor to conduct outreach and
education as well as identifying and separating out unneeded hazardous chemicals at
high school laboratories. Department of Solid Waste will assist with coordination and
scheduling as well as profide transportation and disposal of unneeded chemicals
through our household hazardous waste program.
Background & History: The Department of Environmental Quality (DEQ) is
overseeing a project to assess and remove any unneeded hazardous chemicals from
high school laboratories in Deschutes, Crook and Jefferson Counties. DEQ is seeking
assistance in this efforts from local governments which have household hazardous
waste facilities. The Department of Solid Waste sill assist with scheduling for
Deschutes County schools, and will provide the transportation and disposal of all the
chemicals through our Household Hazardous Waste Program/Facility. We accept out
of-county waste at our HHW facility as part of a $100,000 grant to assist with
construction of the faciity. The remaining efforts on the part of our department are
minimal. We anticipate disposal costs of less than $10,000.
~greiment Starting Date: IFebruary 1,20121 Ending Date: pune 30,1
012
Annual Value or Total Payment: 1$10,0001
Insurance Certificate Receiied (CieCk box)
Insurance Expiration Date:
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? [gJ Yes D No
1118/2012
If No, has budget amendment been submitted? 0 Yes 0 No
Is this a Grant Agreement providing revenue to the County? 0 Yes ~ No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: 0 Yes 0 No
Contact information for the person responsible for grant compliance:
Name:
Phone #: IL-_--'
Departmental Contact and Title: Timm Schimke Phone #: 317
3177
Department Director APproval~ ~~
Signature
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
Official Review:
County Signature Required (check one): 0 SOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. ____-»
Legal Review Date
Document Number __
111812012
__R_E_V_'tV_V_-=:oj
DEQ #036-12
Des Co Doc No 2012-036
INTERGOVERNMENTAL AGREEMENT
School Lab Cleanouts
This Agreem~nt is between the State of Oregon, acting by and through its Department of Environmental Quality (DEQ) and Deschutes
County (County).
DESCHUTES COUNTY DATA DEQ DATA
Agreement Administrator: Timm Schimke
Organization: Deschutes County
Address: 61050 SE 2ih Street
Bend, OR 97702
Phone: 541-317-3177
E-Mail: timm .schimke@deschutes.org
Federal Tax 10 : 93-6002292
Agreement Administrator: Maggie Conley
Organization: Dept. of Environmental Quality
Address: 811 SW 6th Avenue
Portland, OR 97204-1390
Phone : 503-229-5106
E-Mail: Conley.Maggie@deq.state.or .us
1. Background. The school lab clean out program will help school district staff locate and remove hazardous chemicals in selected
schools in Deschutes, Crook and Jefferson Counties. The program will provide safe disposal of chemicals and encourage
schools to implement best management practices for the use and storage of potentially harmful or dangerous chemicals.
2. Authority. State agencies have authority under ORS 190 .110 and ORS 283.110 to enter into agreements with state agencies
for the performance of any or all functions and activities that the parties to the agreement, its officers, or agents have the
authority to perform .
3. Effective Date and Duration. This Agreement is effective on the date that every party has signed this Agreement and, when
required, approved by the Department of Justice. Unless terminated earlier, this Agreement expires on June 30, 2012 .
4. Agreement Documents. This Agreement consists of this document and the attached Exhibit A (Statement of Work).
5. Statement of Work. The statement of work (Work), including the delivery schedule is contained in attached Exhibit A.
Deschutes County and DEQ agree to perform the Work in accordance with the terms and conditions of this Agreement.
6. Consideration. There will be no payments to the County or DEQ under this agreement.
7. Invoicing/Payments. There will be no payments to the County or DEQ under this agreement.
8. Travel and Travel Related Expenses. Travel and other expenses of the County will not be reimbursed by DEQ.
9. Amendments. The terms of this Agreement will not be waived, altered, modified , supplemented, or amended, in any manner
whatsoever, except by written instrument signed by both parties . This Agreement will not be amended after the expiration date.
10.Termination. This Agreement may be terminated by mutual consent of both parties or by either party upon 30 days written
notice. This notice may be transmitted in person, by mail, facsimile or by Email.
11. Funds Available and Authorized. The County will not be compensated for any Work performed under this Agreement by any
other agency or department of the State of Oregon. .
12. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the
scope or intent of any provisions of this Agreement.
13. Access to Records. The County will maintain all financial records relating to this Agreement in accordance with generally
accepted accounting principles. In addition, the County will maintain any other records pertinent to this Agreement in such a
manner as to clearly document the County's performance. The Oregon Secretary of State's Office and the federal government
and their duly authorized representatives will have access to such financial records and other books, documents, papers, plans,
records of shipments and payments and writings of the County that are pertinent to this Agreement, whether in paper, electronic
or other form, to perform examinations and audits and make excerpts and transcripts. The County will retain and keep
accessible all such financial records, books, documents, papers, plans, records of shipments and payments and writings for a
minimum of six (6) years, or such longer period as may be required by applicable law, following final payment and termination of
this Agreement , or until the conclusion of any audit, controversy or litigation arising out of or related to this Agreement, whichever
date is later.
14. Compliance with Applicable Law. The County will comply with all federal, state and local laws, regulations, executive orders
IG.'\ 11-2010 DC Doc No 2012-036
20 2-03GDC
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and ordinances applicable to the work performed under this Agreement. Without limiting the generality of the foregoing, the
County expressly agrees to comply with the following laws, regulations and executive orders to the extent they are applicable to
the Agreement: (i) Titles VI and VII of the Civil Rights Act of 1964, as amended; (ii) Sections 503 and 504 of the Rehabilitation
Act of 1973, as amended; (iii) the Americans with Disabilities Act of 1990, as amended; (iv) Executive Order 11246, as amended;
(v) the Health Insurance Portability and Accountability Act of 1996; (vi) the Age Discrimination in Employment Act of 1967, as
amended, and the Age Discrimination Act of 1975, as amended; (vii) the Vietnam Era Veterans' Readjustment Assistance Act of
1974, as amended; (viii) ORS Chapter 659, as amended; (ix) all regulations and administrative rules established pursuant to the
foregoing laws; and (x) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and
regulations; and (xi) ORS 279A. ORS 279B, ORS 279C as applicable to the County. These laws, regulations and executive
orders are incorporated by reference herein to the extent that they are applicable to the Agreement and required by law to be so
incorporated.
15. Recycled Products. The County shall, to the maximum extent economically feasible in the performance of this Agreement, use
recycled paper (as defined in ORS 279A.010(1)(ee», recycled PETE products (as defined in ORS 279A.010(1)(ff), and other
recycled products (as "recycled product" is defined in ORS 279A.010(1)(gg».
16.Contribution. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter
defined in ORS 30.260 f'Third Party Claim") against a party (the "Notified Party") with respect to which the other party ("Other
Party") may have liability, the Notified Party must promptly notify the Other Party in writing of the Third Party Claim and deliver to
the Other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Either party is entitled
to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt
by the Other Party of the notice and copies required in this paragraph and meaningful opportunity for the Other Party to
partiCipate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions
precedent to the Other Party's liability with respect to the Third Party Claim.
With respect to a Third Party Claim for which the State is jOintly liable with the County (or would be if joined in the Third Party
Claim), the State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by the County in such proportion as is appropriate to reflect the
relative fault of the State on the one hand and of the County on the other hand in connection with the events which resulted in
such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault
of the State on the one hand and of the County on the other hand shall be determined by reference to, among other things, the
parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such
expenses, judgments, fines or settlement amounts. The State's contribution amount in any instance is capped to the same extent
it would have been capped under Oregon law if the State had sale liability in the proceeding.
With respect to a Third Party Claim for which the County is jointly liable with the State (or would be if joined in the Third Party
Claim), the County shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by the State in such proportion as is appropriate to reflect the
relative fault of the County on the one hand and of the State on the other hand in connection with the events which resulted in
such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault
of the County on the one hand and of the State on the other hand shall be determined by reference to, among other things, the
parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such
expenses, judgments, fines or settlement amounts. The County's contribution amount in any instance is capped to the same
extent it would have been capped under Oregon law if it had sale liability in the proceeding.
17.Indemnification by Subcontractors The County shall take all reasonable steps to cause its contractor(s) that are not units
of local government as defined in ORS 190.003, if any, to indemnify, defend, save and hold harmless the State of Oregon and
its officers, employees and agents ("Indemnitee") from and against any and all claims, actions, liabifities, damages, losses, or
expenses (including attorneys' fees) arising from a tort (as now or hereafter defined in ORS 30.260) caused, or alleged to be
caused, in whole or in part, by the negligent or willful acts or omissions of the County's contractor or any of the officers, agents,
employees or subcontractors of the contractor( "Claims"). It is the specific intention of the parties that the Indemnitee shall, in
all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by
the contractor from and against any and all Claims.
18. Federal Fund Requirements. Any recipient of federal grant funds, pursuant to this agreement with the state, shall assume sole
liability for that recipient's breach of the conditions of the Grant, and shall, upon recipient's breach of grant conditions that requires
the state to return funds to the federal grantor, hold harmless and indemnify the state for an amount equal to the funds received
under this agreement; or if legal limitations apply to the indemnification ability of the recipient of grant funds, the indemnification
amount shall be the maximum amount of funds available for expenditure, including any available contingency funds or other
available non-appropriated funds, up to the amount received under this Agreement.
19. Alternative Dispute Resolution. The parties should attempt in good faith to resolve any dispute ariSing out ofthis
Agreement. This may be done at any management level, including at a level higher than persons directly responsible for
administration of the Agreement. In addition, the parties may agree to utilize a jointly selected mediator or arbitrator (for non
binding arbitration) to resolve the dispute short of litigation.
~GA 11-2010 DC Doc No 2012-036
20. Merger Clause. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER,
CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN
WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL
BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO
UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN
REGARDING THIS AGREEMENT. THE COUNTY, BY THE SIGNATURE BELOW OF ITS AUTHORIZED
REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
21. THE PERSONS SIGNING THIS AGREEMENT REPRESENT AND WARRANT THAT THEY HAVE THE POWER AND
AUTHORITY TO ENTER INTO THIS AGREEMENT.
Approved by Deschutes County:
Anthony DeBone, Chair Date
Board of County Commissioners
Approved by DEQ:
Wendy Wiles, Land Quality Division Administrator Date
IndexlPCAlProject Jim Roys, Financial Services Manager Date
11-2010 DC Doc No 2012-036
DEQ Agreement #036-12
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
School Lab Cleanouts
STATEMENT OF WORK
Part I. Generallnfonnation
The Contractor, contracted by DEQ, will provide training services in operating environmentally safe school labs. Training will be given
to staff from schools selected by DEQ and the County. The school staff may include science teachers, janitors, nurses, principals, or
administrators and other appropriate school district staff. In addition, the contractor will visit each selected school and identify
hazardous wastes for removal by the County.
Part II. Statement of Work
I. Deschutes County staff must:
i. Identify high schools in Deschutes County that would like to participate in training and cleanout of hazardous chemicals
from their school labs and other sources located on school property.
ii. Work with designated DEQ staff and make all arrangements for a training workshop for teachers and other appropriate
school staff in Deschutes, Crook and Jefferson Counties. Arrangements include but are not limited to scheduling,
identifying a training location, preparing and sending invitations, and arranging or school staff to attend. The time and
location of training is to be determined.
iii. Work in conjunction with the DEQ contractor to schedule school lab cleanouts. County Waste Management staff or the
County's hazardous waste management contractor must collect and pack the hazardous waste for safe transport to a
hazardous waste management facility which is permitted to accept hazardous waste for disposal or recycling.
iv. Pay all costs related to the management of hazardous waste collected from each school lab cleanout in Deschutes,
Crook and Jefferson Counties. Costs include but are not limited to transportation, packing, and the disposal or
recycling of hazardous materials.
v. Take responsibility as the generator of the waste collected by the school lab cleanout program.
vi. By June 30, 2012, provide data electronically to DEQ about the sources, amount (in pounds), and types of waste
collected.
II. DEQ staff must:
i. Contract for a qualified chemical hazards contractor to conduct training workshops for teachers and other appropriate
school staff in operating environmentally safe school labs and identify hazardous chemicals that should be removed from
the schools. DEQ solely will be responsible for payments to the chemical hazards contractor and the coordination of
contractor's work. Topics to be covered include:
a. Assessing chemical mismanagement issues and safety hazards in school laboratories.
b. Barriers to changing improper behaviors, improving environmental compliance, and incorporating pollution prevention
practices in schools.
c. Tools and techniques to overcome those barriers.
d. Copies of altemative labs that use fewer chemicals and less hazardous ones.
e. Training in organizing chemical stockrooms to improve storage and disposal practices.
f. Methods to prioritize which chemicals should be removed first.
ii. Assist contractor and the County staff with scheduling and implementation of training workshop for Deschutes, Crook and
Jefferson County teachers and other appropriate staff.
iii. Assist contractor and the County staff with scheduling and implementation of hazardous waste cleanouts at selected
Deschutes County schools.
11-2010 DC Doc No 2012-036
iv. Identify high schools in Crook and Jefferson Counties that would like to participate in training and cleanout of hazardous
chemicals from their school labs and other sources located on school property.
v. Schedule and implement cleanouts at selected Crook and Jefferson County schools.
vi. Provide training materials for school district staff on safe management of chemicals and altemative lab projects that use
fewer chemicals and less hazardous ones.
III. Work Schedule
Both the County and DEQ will perform the work as described in Part II Statement of Work on or before June 30, 2012.
IGA 11-2010 DC Doc No 2012-036
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