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Home My WebLink About1998-273 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 98-273 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTIIORIZING mE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FIRE DEPARlMENT TO PROVIDE A CONSOLIDATION POINT FOR SHARPS COLLECTION AND PERFORM HOME PICK UP SERVICES OF SHARPS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF mE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said City an Agreement with the County of San Bernardino Fire Department to provide a consolidation point for sharps collection located at the San Bernardino County Fire Department Household Hazardous Waste Collection Facility and to perform home pick up services of sharps from City residents, a copy of which is attached hereto, marked Exhibit" A" and incorporated herein by referenced as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution, I I I I I I I I I I I I I I I IIIII IIIII IIIII IIIII I I I I I I I I I I I I I I I August 11, 1998 98-273 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUlHORIZING TIlE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO 3 FIRE DEPARTMENT TO PROVIDE A CONSOLIDATION POINT FOR SHARPS COLLECTION AND PERFORM HOME PICK UP SERVICES OF SHARPS. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a regular meeting thereof, held on 7 the 21st day of September ,1998, by the following vote, to wit: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Council Members: Abstain Absent Ayes Nays ESTRADA x LIEN x ARIAS x SCHNETZ ---'L- DEVLIN x ANDERSON x MILLER x ~~ Gt'f Clerk ,d,:(/lPl The foregoing resolution is hereby approved this day of September ,1998. _ '(L. u 'th Valles, Mayor City of San Bernardino Approved as to form and Legal content; James F. Penman, City Attorney I) ;?- BY: )../rd--..:;J ~ (J August 11, 1998 2 ~'~ , ;;1M. ;c:~:'~'iI ~. ,( ~ E New M Change X Cancel County Department County Service Dept. Orgn. Area 70, Consolidated Fire District County Department Contract Representative Ph. Ex!. FOR COUNTY USE ONL Y Vendor Code Dept. Contract Number 98-273 . SC 106 A q;?-~ Contractor's License No. Amount of Contract FAS STANDARD CONTRACT SKX 909) 382-5401 Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number 9800 Estimated Payment Total by Fiscal Year Amount 110 FY Amount lID County of San Bernardino Diane Fund FY Project Name Household Hazardous Waste/Sharps Collection THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name CITY OF SAN BERNARDINO Address hereinafter called CITY 300 NORTH D STREET SAN BERNARDINO Phone CA 92318-0001 Birth Date (909) 384-5145 Federal ID No. or Social Security No. 956000772 IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY HOME GENERATED SHARPS COLLECTION AGREEMENT IT IS HEREBY AGREED TO AS FOLLOWS: This agreement is made and entered into between the San Bernqrdino County SeNice Area 70 Consolidated Fire District (CSA 70 CFD), hereinafter referred to as "County" and the City of San Bernardino hereinafter referred to as the "City". RECITALS: WHEREAS the California Public Resource Code requires Cities and Counties to prepare a Household Hazardous Waste Element which identifies a program for the safe collection, recycling, treatment and disposal of hazardous wastes which are generated by households in the city or county and which should be separated from the solid waste stream; and WHEREAS the County of San Bernardino and each of the Cities in the County have developed Household Hazardous Waste Elements (HHWE) which identify a county-wide cooperative program for the management of Household Hazardous Waste; and WHEREAS the existing Household Hazardous Waste program operated by the County is consistent with the adopted HHWE; and 02-12311.000 Rev. 11/90 Page 1 of 5 Res 98-2 3 . REPORT/RECOMMEND~TION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA . AND RECORD OF ACTION Agree. 98-869 October 20,1998 FROM: PETER R. HILLS, Fire Chief/Fire Warden County Service Area 70, San Bernardino County Consolidated Fire District SUBJECT: AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO COUNTY CONSOLIDATED FIRE DISTRICT- HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM RECOMMENDATION: Acting as the governing body of County Service Area 70, San Bernardino County Consolidated Fire District (County Fire), approve Agreement No. 98-869, with the City of San Bernardino, to implement a home generated sharps collection program at the San Bernardino Household Hazardous Waste Collection Facility. BACKGROUND INFORMATION: The California Public Resources Code requires cities and counties to prepare a Household Hazardous Waste program for the safe collection, recycling, treatment and disposal of hazardous wastes which are generated by households in the city or county and which should be separated from the solid waste stream. This agreement would add home-generated sharps (hypodermic needles/syringes) as an additional hazardous waste stream collected for safe management and diversion from the solid waste stream. The existing Household Hazardous Waste program operated by County Fire is responsible for the safe management of hazardous waste. The City desires for the protection of the health and welfare of the public and its personnel, the removal of home generated sharps so that such materials will pose no danger to solid waste workers. REVIEW BY OTHERS: This action has been reviewed by County Counsel (Susan L. Nash), Risk Management, and the Fifth Supervisorial District. FINANCIAL IMPACT: Estimated revenue of $4,680 is included in the Fiscal Year 1998-99 budget and will provide funding for this activity of the Household Hazardous Waste Program. SUPERVISORIAL DISTRICT(S): Fifth PRESENTER: Peter Brierty Iw Record of Action of the Board of Supervisors T 98-869 OF SUPERVISORS NARDINO cc: SBCCFD-Christensen w/agree. Contractor c/o SBCCFD w/agree. Auditor w/agree. SBD w/agree. Co. Fire/HAZMAT-Brierty Risk Mgmt. County Counsel-Nash File w/agree AYE AYE 4 5 ARD BY ITEM 057 98-273 WHEREAS the Division of Hazardou,s Materials, referred to as the "Division" is a division of the County responsible for the safe management of hazardous waste; and WHEREAS the City desires to expand the existing collection program to include management of home generated sharps for the protection, health and welfare of the public and its personnel through the removal of home generated sharps from homes so that such materials will pose no danger in the solid waste stream; and WHEREAS the City was awarded a Household Hazardous Waste Discretionary Grant to fund the expansion of the existing collection program to include home generated sharps. NOW, THEREFORE, in consideration of mutual covenants and conditions the parties hereto agree as follows: WITNESSETH: RESPONSIBILITIES AND DUTIES OF THE CITY The City shall publicize to its residents the need to properly store, transport and dispose of home generated sharps at the Household Hazardous Waste Collection Facility located in the City and inform its residents of the availability of a nearby Collection Facility and home pick up service for safe management of home generated sharps. The City shall schedule pick up appointments in coordination with Division staff for residents with home generated sharps. The City shall provide gloves, sharps containers, disposal service and sharps container storage tub necessary for the safe and appropriate management of home generated sharps at no cost to the Division. The City shall obtain all necessary permits for the home generated sharps collection program. City shall arrange for the safe, legal and timely disposal of the home generated sharps accumulated at the Collection Facility at no cost to the Division. Indemnification - City agrees to indemnify, and hold harmless the County, its officers, agents, and volunteers from any and all claims, actions, losses, damages and/or liability resulting from the City's negligent acts or omissions which arise from the City's performance of its obligations under this agreement. In the event the County and/or the City is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the agreement, the County and/or City shall indemnify the other to the ext~nt of its comparative fault. Furthermore, if the County or City attempts to seek recovery from the other for Workers Compensation benefits paid to an employee, the County and City agree that any alleged negligence of the employee shall not be construed against the employer of that employee. Page 2 98.,-273 Insurance - Without in anyway affecting the indemnity herein provided and in addition thereto, the City shall secure and maintain throughout the contract the following types of insurance with limits as shown: Workers' Compensation - A program of Workers' Compensation Insurance or a state-approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons providing services on behalf of the City and all risks to such persons under this Agreement. Comprehensive General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). Additional Named Insured - All policies or self-insurance, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insureds with respect to liabilities arising out of the performance of services hereunder. Policies Primary and Non-Contributory - All policies required above are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by the County. Proof of Coverage - Not withstanding all the insurance requirements set forth herein, City may satisfy such requirements by a letter indicating that it has a bonified self-insurance program Insurance Review - The above insurance requirements are subject to periodic review by the County. The County's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to 'change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk. Any such reduction or waiver for the entire term of the Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. City agrees to execute any such amendment within thirty (30) days of receipt. Page 3 98~273 COr:1tract Compliance - City agrees to cQmply with the provIsions of the Equal Employment 'Opportunity Program of the County of San Bernardino and rules and regulations adopted pursuant thereto. Executive orders 11246, 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practice Act and the San Bernardino County Policy No. 11-15, and other applicable Federal, State and County laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. RESPONSIBILITIES AND DUTIES OF THE COUNTY The County will continue to operate a comprehensive Household Hazardous Waste Program for the safe collection, recycling treatment and disposal of household hazardous waste and add an accumulation point for a collection program for home generated sharps co-located at the San Bernardino County Fire Department Household Hazardous Waste Collection Facility, 2824 East "W' Street, San Bernardino, CA. Sharps collection for City residents will be offered five days per week at this existing facility. The County shall provide pick up service of home generated sharps for City residents on an appointment basis one day per week. County will train its staff in the safe handling of home generated sharps. Indemnification - County agrees to indemnify and hold harmless the City, its officers, agents, volunteers from any and all claims, actions or losses, damages and/or liability resulting from the County's negligent acts or omissions which arise from the County's performance of its obligations under this agreement. In the event the County and/or the City is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the agreement, the County and/or City shall indemnify the other to the extent of its comparative fault. Furthermore, if the County or City attempts to seek recovery from the other for Workers Compensation benefits paid to an employee, the County and City agree that any alleged negligence of the employee shall not be construed against the emp'loyer of that employee. Page 4 '98-273 CONSIDERATION In consideration for the services provided, the City shall pay the Division on a quarterly basis for the hours worked by E;nvironmental Technicians performing" sharps collection activities at $22.50 per hour (annual amount not to exceed $4680.00) which includes benefits. TERM AND TERMINATION This agreement shall be effective July 1, 1998 and shall remain in effect through June 30, 2000 with options for two - one year renewals, unless, otherwise terminated or amended. Notwithstanding the foregoing, either party may terminate this contract at any time upon 90 days prior written notice to the other party. ~ Chair d1.:= Dated By ~ CITY Of SAN BERNARDINO t te if corporation, company, etc.) / SIGNED AND CERTIF DOCUMENT HAS OF THE BOARD. Clerk of the Bernardino. Titl U (Authorized Signature) 1/z3/Qg '11 Address 300 NORTH D STREET By SAN BERNARDINO CA 92318-0001 Approved as to Legal Form Reviewed f1'oceSSing ~ \ <.LL_ ,<- Agency AdminiS[hrAO Oat. -.:,\ ~F:. . l-U ~ ~~..ILr1AA County Counsel Date ~ 02-12311.000 Re....'1 Page l) of l)