Clean Sweep Programs - US Environmental Protection Agency

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The Clean Sweep Report18. CONTRACT SUSPENSIONThe Department may at any time and without cause, suspend the contract or any portion thereof, for a period ofnot more than thirty (30) calendar days, by written notice to the Contractor. Contractor shall resume performancewithin fifteen (15) calendar days written notice from the Department.19. TERMINATIONA. Termination for Convenience. The Department may terminate this contract, in whole or in part, at anytime and for any reason by giving written termination notice to Contractor. Upon such termination, theonly damages to which contractor is entitled are: (1) a sum computed and substantiated in accordancewith standard accounting practices for those reasonable costs incurred by Contractor prior to the dateof termination for orderly phase out of performance as requested by the Department in order to minimizethe costs of the termination; and (2) a reasonable profit for such work performed. However, theDepartment shall not be liable to the Contractor for any anticipated profits on the terminated portion ofthe contract, or claims of unabsorbed overhead or other fixed costs. In no event shall the Departmentbecome liable to pay any sum in excess of the price of this contract for the terminated services.B. Termination for Breach. Except in the case of delay or failure resulting from circumstances beyond thecontrol and without the fault or negligence of the Contractor or of the Contractor’s suppliers orsubcontractors, the Department shall be entitled, by written or oral notice, to cancel this contract in itsentirety or in part, for breach of any of the terms, and to have all other rights against Contractor byreason of Contractor’s breach as provided by law. A breach shall mean, but shall not he restricted to,any one or more of the following events: (1) Contractor fails to perform the services by the date requiredor by such later date as may be agreed to in a written amendment to the contract signed by theDepartment; (2) Contractor breaches any warranty, or fails to perform or comply with any term oragreement in the contract; (3) Contractor makes any general assignment for the benefit of creditors; (4)in the Department’s opinion. Contractor becomes insolvent or in an unsound financial condition so asto endanger performance of the contract; (5) Contractor becomes the subject of any proceeding underany law relating to bankruptcy, insolvency or reorganization or relief from debtors; (6) any receiver,trustee or similar official is appointed for Contractor or any of Contractor’s property; or (7) theDepartment is not satisfied with the Contractor’s performance of the contract. If it is subsequentlyfound that Contractor was not in breach, the rights and obligations of the parties shall be the same as ifa Notice of Termination had been issued pursuant to subparagraph 19.A.C. Termination by Mutual Agreement. The Department and the Contractor may terminate this contract inwhole or in pant at any time, by mutual agreement in writing.D. Termination by Misrepresentation. Contractor shall not misrepresent the scope of this contract.Misrepresentation is cause for contract termination.20. NOTICE OF DEFAULTIf the Department chooses, it may issue a written notice of default providing a period in which Contractor shallhave an opportunity to cure the default. Time allowed for cure shall not diminish or eliminate Contractor’sliability for liquidated or other damages.21. LEGAL FEESThe Contractor agrees that in the event suit is instituted by the Department for any default on the pan of theContractor, and the Contractor is adjudged by a court of competent jurisdiction to be in default, Contractor shallpay to the Department all costs, expenses expended or incurred by the Department and reasonable attorneysfees.
Appendix III22. INDEPENDENT CONTRACTORThe Contractor shall perform as an independent entity under this agreement. The Contractor, its employees,agents and representatives are not employees of the State. No part of this agreement shall be construed torepresent the creation of an employer/employee relationship. The Department does not have the right to controlthe manner in which the work is completed or other details of the work except to the extent specified by thiscontract.23. INSURANCEA. General Requirements. Contractor shall, at its own expense, obtain and keep in force insurance untilcompletion of the contract. By March, 3, 1997, the Contractor shall furnish the Department certificatesof insurance and a certified copy of all required insurance policies. Failure to provide proof of insuranceas required will result in cancellation of the contract. All required insurance must be an occurrencepolicy which ensures coverage for the period of insurance even if the claim is made after the insuranceperiod, except for General Liability and Pollution Liability coverage that are written on a Claims Madeform and shall include die following:1. The “Retro Date” must be shown, and must be before the date of the Contract or thebeginning of Contract work.2. Insurance must be maintained and evidence of insurance must be provided for at least five (5)years after completion of the Contract, or earlier termination thereof.3. If coverage is canceled or non-renewed, and not replaced with another claims made policy formwith a “Retro Date” prior to the effective date of the Contract, the Contractor must purchase“extending reporting” coverage for a minimum of five (5) years after completion of contractwork.4. A copy of the claims reporting requirements must be submitted to the Department for review.B. Specific Requirements(1) Workers Compensation. The Contractor shall certify that its operations are covered by the [State]State Workers Compensation Fund, and provide the corresponding account numbers to the Departmentby March 4, 1997. If self-insured, Contractor shall provide proof of insurance including certificate ofqualification number.(2) Commercial General Liabilitya. Description- General Liability:Combined Bodily Injuryand Property DamageDescription- Automobile:Combined Bodily Injuryand Property DamageEach Occurrence Aggregate$5,000,000 $ 10,000,000Each Occurrence$1,000,000b. Insurance policy(ies) shall include the following provisions:1. The Contractor’s policy(ies) shall be primary over any other valid and collectibleinsurance.2. A thirty (30) calendar day written notice shall be given to the Department prior totermination of or my material changes to the policy(ies) as it relates to the contract:
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ForewordThe states and some countie
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Table of ContentsSECTIONFOREWORDTAB
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List of Figures and TablesNumber Ti
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State IndexAlabamaAlaskaArizonaArka
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Executive SummaryParticipants. Alth
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Executive Summarypounds. States wan
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Section 1 IntroductionFor the past
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The Clean Sweep Reportshort-term or
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Section 1 Introductionextensive and
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Section 1 Introductionfunded, conti
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Section 2 Clean Sweep Program Opera
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Section 2Clean Sweep Program Operat
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Section 2Clean Sweep Program Operat
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Section 3 Clean Sweep Program Resul
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Table 11 Total Amount of Pesticides
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44Table 13 Specific Pesticides Trac
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Table 14 Quantity of the Most Commo
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Section 4 Challenges and Opportunit
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Section 5 Observations5.2 The unit
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Section 5ObservationsTable 17: Tota
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Section 5 Observations5.3 Reliable
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Section 5 Observationsamount annual
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Appendix INOTES on STATE “ATA GLA
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ALABAMA AT A GLANCESince 1994 Alaba
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ALASKA AT A GLANCEAlaska conducts s
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ARIZONA AT A GLANCEArizona does not
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ARKANSAS AT A GLANCEThe Arkansas St
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CALIFORNIA AT A GLANCESince 1989 Ca
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COLORADO AT A GLANCEAn EPA grant an
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YearColorado Table 1 - Quantity of
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Summary of Connecticut Waste Pestic
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Summary of Delaware Waste Pesticide
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Summary of Florida Waste Pesticide
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GEORGIA AT A GLANCEGeorgia has cond
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HAWAII AT A GLANCEHawaii conducted
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IDAHO AT A GLANCEIdaho’s permanen
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ILLINOIS AT A GLANCESince its first
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Illinois attempted a swap program i
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Summary of Indiana Waste Pesticide
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IOWA AT A GLANCESince 1991 Iowa has
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YearIowa Table 1 - Quantity of Pest
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Summary of Kansas Waste Pesticide D
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KENTUCKY AT A GLANCEKentucky conduc
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LOUISIANA AT A GLANCELouisiana coll
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MAINE AT A GLANCEMaine conducted it
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MARYLAND AT A GLANCEThe Maryland De
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MASSACHUSETTS AT A GLANCEMassachuse
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MICHIGAN AT A GLANCEMichigan’s pe
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MINNESOTA AT A GLANCESince 1989 Min
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Minnesota Table 1 - Quantity of Pes
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Summary of Mississippi Waste Pestic
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Summary of Missouri Waste Pesticide
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Summary of Montana Waste Pesticide
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Summary of Nebraska Waste Pesticide
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Summary of Nevada Waste Pesticide D
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Summary of New Hampshire Waste Pest
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Summary of New Jersey Waste Pestici
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New Jersey Table 3 - County-by-Coun
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Summary of New Mexico Waste Pestici
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Summary of New York Waste Pesticide
Page 155 and 156: churches, schools and businesses. P
Page 157 and 158: NORTH CAROLINA AT A GLANCENorth Car
Page 159 and 160: North Carolina Table 1 - Quantity o
Page 161 and 162: Summary of North Dakota Waste Pesti
Page 163 and 164: Summary of Ohio Waste Pesticide Dis
Page 165 and 166: OKLAHOMA AT A GLANCEOklahoma does n
Page 167 and 168: OREGON AT A GLANCESince 1991 Oregon
Page 169 and 170: PENNSYLVANIA AT A GLANCEIn 1993 Pen
Page 171 and 172: RHODE ISLAND AT A GLANCERhode Islan
Page 173 and 174: SOUTH CAROLINA AT A GLANCESouth Car
Page 175 and 176: SOUTH DAKOTA AT A GLANCESince 1993
Page 177 and 178: TENNESSEE AT A GLANCEThe Tennessee
Page 179 and 180: TEXAS AT A GLANCESince 1992 Texas h
Page 181 and 182: YearNumberof SitesTexas Table 1 - Q
Page 183 and 184: UTAH AT A GLANCESince 1993 Utah has
Page 185 and 186: VERMONT AT A GLANCEVermont first co
Page 187 and 188: VIRGINIA AT A GLANCEVirginia conduc
Page 189 and 190: YearQuantity ofPesticides(pounds)Vi
Page 191 and 192: Summary of Washington Waste Pestici
Page 193 and 194: Summary of West Virginia Waste Pest
Page 195 and 196: Summary of Wisconsin Waste Pesticid
Page 197 and 198: WYOMING AT A GLANCEIn 1992 Wyoming
Page 199 and 200: Appendix II - Pesticides That are R
Page 201 and 202: Appendix IIU044 chloroform U080 met
Page 203 and 204: Appendix IIIB. Availability Contrac
Page 205: Appendix III4. Federal Hazardous Ma
Page 209 and 210: Appendix IIIContractor further agre
Page 211 and 212: Appendix III33. CONTRACTOR’S DUTI
Page 213 and 214: Appendix IIIC. Any deviation of mor
Page 215 and 216: Appendix III45. MERGER CLAUSEThis a
Page 217 and 218: Appendix IVOnyx Environmental Servi
Page 219 and 220: State Pre-89 1989 1990 1991 1992 19
Page 221 and 222: State pre-89 1989 1990 1991 1992 19
Page 223 and 224: Appendix VILouisiana: Division of P
Page 225 and 226: Appendix VII - Sample Emergency Pla
Page 227 and 228: Appendix VIIICOMPARISON OF PESTICID
Page 229: StateEstimated(lbs. A.I.)Total Used
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