HomeMy WebLinkAbout1997-273
RESOLUTION NO. 97-273
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COUNTY OF SAN
BERNARDINO FIRE DEPARTMENT AND THE PUBLIC SERVICES DEPARTMENT
OF THE CITY OF SAN BERNARDINO TO PROVIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION CENTER SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of
said City an Agreement by and between the County of San Bernardino and the City of
San Bernardino on behalf of the Public Services Department, a copy of which is attached
hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set
forth at length.
SECTION 2. The authorization to execute the above referenced agreernent is
rescinded if the parties to the agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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August 11, 1997
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97-273
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RESOLUTION OF TIlE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF AN AGREEMENT BY AND BETWEEN TIlE COUNTY OF S
BERNARDINO FIRE DEPARTMENT AND TIlE PUBUC SERVICES DEPARTMENT
OF TIlE CITY OF SAN BERNARDINO TO PROVIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION CENTER SERVICES.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayo
joint
and Common Council of the City of San Bernardino at a regular meeting thereof,
held on the 2nd day of
september, 1997, by the following vote, to wit:
7 Council Members
AYES NAYS
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ABSTAIN ABSENT
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NEGRETE
CURUN
ARIAS
OBERHELMAN
DEVLIN
ANDERSON
MILLER
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19 The foregoing resolution is hereby approved this '14 day of
20 september, 1997.
~~J...1 L C~~'ui/
. City Clerk
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f TOM MINOR, Mayor
City of San Bernardino
Approved as to form and
legal content:
By:
, I
August 11, 1997 ;;
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97-273
COUNTY FIRE DEPARTMENT
COUNTY OF SAN BERNARDINO
HAZARDOUS MATERIALS DIVISION
385 North Arrowhead Avenue. Second Floor' San Bernardino. CA 92415-0153
RICHARD W. SEWELL
Fire Chief
County Fire Warden
July21,1997
Lynn Merrill
City of San Bernardino
Public Service Department
300 North "D" Street
San Bernardino, CA 92318-000 I
Dear Lynn,
Subject:
Clarification of Services for the City of San Bernardino Provided by the San
Bernardino County Fire Department Hazardous Materials Division.
Household Hazardous Waste Management
. A permanent household hazardous waste collection facility, open to the public, five days a
week within the City of San Bernardino has been provided.
. Disposal will be provided for "orphan" containers of household hazardous waste discovered by
the City and designated household hazardous waste by the City.
. Disposal of household hazardous waste collected by the City at the City's 12 monthly cleanup
days and delivered to the City's Hazardous Waste Storage Facility will be provided.
. The point of collection for the County for disposal of all household hazardous waste collected
hy the City will be at the City's Hazardous Waste Storage Facility.
. Materials necessary for the collection of household hazardous waste including drums, liners,
absorbent, labels, gloves, and eye protection will be provided.
. Pick-up of household hazardous waste for seniors and/or disabled citizens who are unable to
transport their waste to a facility will be provided on an appointment basis.
. At the point and time that the County becomes the generator of the household hazardous waste
and it is managed in the County collection system, the County is responsible and liable for the
management of the waste provided in Section 66260 et. seq, ofthe California Code of
Regulations.
97-273
Lynn Merrill
July 21,1997
Page 2
Materials Reuse
. The County shall make available, at no cost, paints, weed killers, pesticides, fertilizers,
cleaners, car care products, and building materials that have been recovered through the
Hazardous Materials Reuse Program.
. The City shall advise staff of the availability ofthese products and encourage all Departments
to contact by phone or in person, the County's Materials Reuse Program prior to purchasing
new products.
City Generated Hazardous Waste
. County shall provide management and oversight of City generated hazardous waste including
inventory control and tracking classification of unknown substances at the City Hazardous
Waste Storage Facility located at 182 South Sierra Way.
. County shall arrange for materials exchange whenever feasible.
· County shall arrange for transportation and disposal of hazardous waste including preparation
of manifests and other forms.
· City generated hazardous waste shall be managed using the City's EPA Identification Number.
. City representative shall sign the manifests,
. City shall pay for transportation and disposal of City generated hazardous waste.
. A weekly inspection will be made of the Hazardous Waste Storage Facility located in the City's
Public Services Yard.
· County shall assist City in conducting quarterly inspections and consultations will be provided
in the other areas of the City operations, as requested, to provide regulatory compliance and
implement cost saving pollution prevention measures.
. Consultation will be provided that could reduce container purchasing and specific waste stream
management costs by 40%.
97-273
Lynn Merrill
July 21,1997
Page 3
. City Departments having their own EP A Identification numbers can participate in the
Conditionally Exempt Small Quantity Generator (CESQG) Program if the individual
department meets the CESQG qualifications.
Training
. "First Responder" training required by OSHA, will be provided to City staff who may be
requested to respond to a Haz Mat incident.
. "HAZWOPER" refresher 8 hour OSHA required training will be provided to City staff who
will be assigned to work in the hazardous waste storage area, Training is job duty specific and
geared to issues covered in the Household Hazardous Waste Program.
. Training is approved by State OES, Cal EPA and Cal OSHA and will be provided by State
Certified Instructors at the state of the art County Fire Department Training Center at the San
Bernardino International Airport.
Other Services
. Recycled latex paint will be provided to the City as needed for graffiti abatement.
. Data for compliance with the AB 939 Household Hazardous Waste Element and the State
Stormwater Runoff Permits "Best Management Practices" will be provided.
. Use of the 1-800 "Oily Cat" phone line is provided with an answering service for any questions
on wastes management and recycling.
Emergency Response Support
. County shall, upon request, support City Risk Management Department and City Fire
Department Haz Mat in disposition of illegally disposed of hazardous materials.
. Materials recovered during emergency response activities can be transported by the City to the
City Hazardous Waste Storage Facility for management with the City's routinely generated
hazardous waste.
. Expendable, single use equipment such as tyvek suits and inner gloves utilized in Haz Mat
emergency response by the City Fire Department will be replaced at no cost.
. Chemicals used as testing agents for field identification of spilled hazardous materials will be
provided to resupply the Hazardous Categorization Test Kit provided to the City Fire
Department last year at no cost.
97-273
Lynn Merrill
July 21,1997
Page 4
. Training opportunities such as arranging for ten City firefighters to attend the seven week
Hazardous Materials Specialist training that was funded through grants applied for by the
County will be continued at no cost.
. Special training events such as the Field Identification of Hazardous Materials Class in which
seven City Firefighters were certified, will also be continued at no cost.
. Activities have been initiated to enhance cost recovery through the County District Attorney's
office to provide for reimbursement to the City from responsible parties for expenditures on
multi thousand dollar cleanups.
If any further clarification is necessary, please let me know at your earliest convenience at 387-3200,
Sincerely,
4
PETER BRIERTY, Di\(' ion Chief
Hazardous Materials
97:"'27
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REPORT/RECOMMENDATION TOTHE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
Agree. 97-773
September 16,1997
FROM:
RICHARD W. SEWELL, Fire Chief/Fire Warden
County Service Area 70, San Bernardino County Consolidated Fire District
SUBJECT:
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY
SERVICE AREA 70, 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. 97-773,
with the City of San Bernardino, for participation in the County's Household Hazardous Waste
Collection Program.
BACKGROUND INFORMATION: The California Public Resources Code requires cities and
counties to prepare a Household Hazardous Waste Collection Program for the safe collection,
recycling, treatment and disposal of hazardous waste which are generated by households in the
city or county and which should be separated from the solid waste stream,
The County of San Bernardino and each of the cities in the county have developed a
countywide cooperative program for the management of household hazardous waste.
The existing Household Hazardous Waste Collection Program operated by County Fire is
responsible for the safe management of hazardous waste. The city desires for the protection,
health and welfare of the public and its personnel, the removal of hazardous waste from homes
so that such materials will pose no danger in the event of fire.
REVIEW BY OTHERS: This action has been reviewed by County Counsel (Susan L. Nash), the
Fifth Supervisorial District and Contract Compliance (Jim Iken).
FINANCIAL IMPACT: Revenue of $147,700 is included in the fiscal year 1997-98 budget and
will provide funding for a portion of the Household Hazardous Waste Collection Program.
SUPERVISORIAL DISTRICT(S): Fifth
PRESENTER:
RICHARD W. SEWELL
cc: SBCCFD-Gettman w/agree.
Contractor c/o SBCCFD w/
agree.
Auditor w/agree.
Contract Compliance w/
agree.
Co. Counsel-Nash
Co. Fire/HAZMA T -Brierty
File w/agree.
MOTION
AYE
5
o
BY
DATED: September 1 .
Iw
ITEM 035
E.l(H,f!r( "A"
9'7. 273
FOR COUNTY USE ONL Y
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E New Vendor Code Dept. Contract Number
M Change SC A 0,1'713
X Cancel 106
County Department County SerVl.ce Dept. Orgn. Contractor's License No.
Area 70 Consolidated Fire District
County Department Contract Representative Ph. Ext. Amount of Contract
Carol n Gettman (909) 387-5944
Fund Dept. 1 Organization I Appr. I Obj/Rev Source Activity I GRC/PROJ/JOB Number
SKX 106 160 9800
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount I/O FY Amount I/O
Project Name
Household Hazardous - - - -
- - - -
Waste Agmt. without - - -
-
Collection Center
County of San Bernardino
FAS
STANDARD CONTRACT
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
hereinafter called
CITY
Address
300 NORTH D STREET
SAN BERNARDINO CA 92318-0001
Phone Birth Date
(909) 384-5145
Federal 10 No. or Social Security No.
9<;6000772
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.)
FOR CITIES WITHOUT A COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE
AGREEMENT
IT IS HEREBY AGREED TO AS FOLLOWS:
This agreement is made and entered into between the San Bernardino County Service 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 Resources 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,
;J2.123'~OOC~>l" ,'.91
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97-273
WHEREAS, the County Fire Department, Division of Hazardous Materials, referred to as th-e
"Division" is a division of the County responsible for the safe management of hazardous waste;
and,
WHEREAS, the City desires for the protection, health and welfare of the public and its personnel,
the removal of hazardous waste from homes so that such materials will pose no danger in event
of fire.
NOW, THEREFORE, in consideration of mutual covenants and conditions the parties hereto
agree as follows:
WITNESSETH:
RESPONSIBILITIES AND DUTIES OF THE CITY
1. The City shall publicize to its residents the need to properly reduce, store, transport and
dispose of Household Hazardous Waste and inform its residents of the availability of
nearby Collection Centers for safe management of household hazardous waste.
2. 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 the from 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 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 employer of that employee.
3. 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 or Self-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).
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97-273
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 - City shall immediately furnish certificates of insurance or self-
insurance to the County Department administering the contract evidencing the insurance
coverage, including endorsements, above required prior to the commencement of
performance of services hereunder, which certificates shall provide that such insurance
shall not be terminated or expire without thirty (30) days written notice to the Department,
and City shall maintain such insurance from the time City commences performance of
services hereunder until the completion of such services. Within sixty (60) days of the
commencement of this Agreement, the City shall furnish certified copies of the policies and
all endorsements,
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.
4. Contract Compliance - City agrees to comply with the provisions of the Affirmative Action
Compliance 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 other
applicable Federal, State and County laws, regulations and policies relating to equal
employment and contracting opportunities, including laws and regulations hereafter
enacted. Information on these rules and regulations may be obtained from the Contract
Compliance Officer of the County of San Bernardino at (909) 386-8689.
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97-273 .
RESPONSIBILITIES AND DUTIES OF THE COUNTY
5. The County will continue to operate a comprehensive Household Hazardous Waste
Program for the safe collection, recycling treatment and disposal of household hazardous
waste. The County program shall be based on a Central Processing Facility and a regional
network of collection centers sited so as to provide safe, convenient service to the public in
a cost-effective manner.
6. Division shall provide an annual report to the City which shall include the amounts and
types of waste collected, participation by jurisdiction, and final disposition of the waste.
7. 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 agr~ement,
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 employer of that employee.
CONSIDERATION
8. In consideration for the services provided, the City shall pay the Division each quarter (July
15, October 15, January 15, and April 15), an amount calculated by the following equation:
A = 0.25 (P) (F) where
A = amount owed each quarter
P = the population of the City for that year as estimated by the State of
California Department of Finance
F = $0.80 adjusted July 1 each year beginning July 1, 1997, using the
Consumer Price Index and 1996 as the base year and
0.25 provides the quarterly payment amount
TERM AND TERMINATION
9. This agreement shall be effective July 1, 1997 and shall remain in effect through June 30,
2000 with options for two - one year renewals, unless, otherwise terminated or amended.
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97-2173
10. Notwithstanding the foregoing, either party may terminate this contract at any time upon 90
days prior written notice to the other party.'
SIGNED AND C
DOCUMENT HAS
OF THE BOARD.
Clerk of the Bo r
Bernardino.
IFIED THAT A COPY OF THIS
E DELIVERED TO THE CHAIRMAN
By
CITY OF SAN BERNARDINO
(State if cor oration, company, etc.)
~
By ~
uthorized Signature)
Dated "1 -- t; - <] /
Title /11 d'i()f2--
Address 300 NORTH D STREET
3 --J -97
02-'231'-000 Rev. 11/91
SAN BERNARDINO CA 92318-0001
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