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HomeMy WebLinkAbout1993-318 r RESOLUTION NO. 93-318 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COUNTY OF SAN 2 BERNARDINO AND THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO TO OPERATE A HOUSEHOLD HAZARDOUS WASTE COLLECTION CENTER 3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 4 5 SECTION 1. The Mayor is hereby authorized and directed to 6 execute on behalf of said city an Agreement by and between the 7 8 9 10 11 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 The authorization to execute the above referenced 12 agreement is rescinded if the parties to the agreement fail to 13 execute it within sixty (60) days of the passage of this resolution. 14 I HEREBY CERTIFY that the foregoing resolution was duly adopted 15 by the Mayor and Common Council of the City of San Bernardino at a 16 reaular meeting thereof, held on the 16th day of August 17 1993, by the following vote, to wit: 18 19 Council Members: Abstain Absent Aves Navs NEGRETE x 20 CURLIN 21 HERNANDEZ 22 OBERHELMAN 23 OFFICE VACANT 24 POPE-LUDLAM 25 MILLER 26 27 August 4, 1993 28 x x x x x ~~pL ~ city Clerk 1 ,~ A . I~ , 93-318 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COUNTY OF SAN 1 BERNARDINO AND THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN 2 BERNARDINO TO OPERATE A HOUSEHOLD HAZARDOUS WASTE COLLECTION CENTER. 3 The foregoing resolution is Auaust , 1993. hereby approved this \~~ day of -r-~\/ljiL I T~k'INOR, Mayor city of San Bernardino 4 5 6 7 Approved as to form and 8 legal content: 9 James F. Penman, City Attorney 10 7. fc~~ 25 26 27 28 August 4, 1993 2 Res 93-318 HOUSEHOLD HAZARDOUS WASTE COLLECTION CENTER AGREEMENT IT IS HEREBY AGREED AS FOLLOWS: This agreement is made and entered into between the County of San Bernardino, 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 Department of Environmental Health Services, referred to as "DEHS" is a department 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 wastes from homes so that such materials will pose no danger in event of fire; and Now, THEREFORE, in consideration of mutual covenants and conditions the parties hereto agree as follows: WITNESSETII: RESPONSffiILITIES AND DUTIES OF TIlE CITY The City agrees to operate a household hazardous waste collection center for the County at the following location: City of San Bernardino, 182 So. Sierra way in accordance with DEHS established procedures. Employees of the city will accept the specified wastes at least 10 hours per month. The designated employees of the City will label, categorize, and pack the wastes in accordance with DEHS requirements. The wastes will be stored in their original containers and placed in the 55-gallon drums inside a County- Page 1 of 6 93-318 furnished storage shed located within the fenced area of the facility. The City shall be responsible for maintenance of yard property and for the safety of persons and materials on this property. It shall not be necessary for the city to have a person present at all times on the site where the material will be stored. The City agrees to indemnify and hold harmless the County and its authorized agents, officers, volunteers, and employees against any and all claims or actions arising from city's negligent acts, or omissions and for any costs or expenses incurred by the County on account of any claim therefore. INSURANCE - In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the City shall secure and maintain throughout the term of the contract the following types of insurance with limits as shown: Workers Compensation - A program of Worker's 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 Liabilitv 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, except for th8 Worker's Compensation coverage, shall contain additional endorsements naming the County and its employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. WAIVER OF SUBROGATION RIGHTS - city shall require the carriers or self insurance administrators of the above required coverages to waive all rights of subrogation against the County, its officers, volunteers, employees, contractors, and subcontractors except for the negligent acts of the county of San Bernardino. 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 to the Department evidencing the insurance coverage above required prior to the commencement of performance of services Page 2 of 6 93-318 hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and shall maintain such insurance from the time City commences performance of services hereunder until the completion of such services. within sixty (60) days of commencement of this Agreement the City shall furnish certified copies of the policies and 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. 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 Acto of 1964, the California Fair Employment Practice Act, California Public Contracts Code 2000 and the San Bernardino County M/WBE 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. Information on these rules and regulations may be obtained from the Contract compliance Officer of the County of San Bernardino at (909) 387-5544. RESPONSmILITIES AND DUTIES OF THE COUNTY DEHS, the generator, shall assume responsibility for maintaining all necessary site permits, exclusive of land use permits. Further, the DEHS will train city personnel and provide an operation manual, "The Handbook for Operational procedures", which Page 3 of 6 93-318 designates waste to be accepted, defines a categorization scheme for wastes anticipated, and specifies emergency procedures to be followed. DEHS shall continue to provide an annual training program for city employees. If there are changes to the "Handbook of Operational Procedures", special training sessions shall be provided. The "Handbook of operational procedures" shall be consistent with all state and federal regulations applicable to Household Hazardous Waste facilities and amended as necessary. The DEHS shall provide a secure storage shed. The DEHS will also provide necessary steel drums of 55-gallon capacity meeting DOT specifications for the disposal of hazardous waste and sufficient absorbent materials for overpacking the waste containers. At the termination of this contract, all items provided by DEHS shall belong to the City, unless other written arrangements are made. DEHS employees shall be available to assist the City on a 24-hour basis should an emergency arise at the facility. The County shall either remove the wastes periodically or independently contract with a licensed hazardous waste hauler to remove the accumulated wastes, as needed, and to recycle or dispose of wastes at a Class 1 disposal site. DEHS shall provide an annual program report to the city which shall include the amounts and types of waste collected, participation by jurisdiction, and final disposition of the waste. The county agrees to indemnify and hold harmless the City and its authorized agents, officers, volunteers, and employees against any and all claims or actions arising from County's negligent acts, or omissions and for any costs or expenses incurred by the City on account of any claim therefore. INSURANCE - In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the County shall secure and maintain throughout the term of the contract the following types of insurance with limits as shown: Workers Compensation - A program of Worker's 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 county and all risks to such persons under this Agreement. Comprehensive General and Automobile Liabilitv 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) . Page 4 of 6 93-318 . ADDITIONAL NAMED INSURED - All policies, except for the Worker's Compensation coverage, shall contain additional endorsements naming the City and its employees, agents, volunteers, and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. WAIVER OF SUBROGATION RIGHTS - County shall require the carriers of self insurance administrators of the above required coverages to waive all rights of subrogation against the City, its officers, volunteers, employees, contractors, and subcontractors except for the negligent acts of the city. 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 City. PROOF OF COVERAGE - County shall immediately furnish certificates of insurance to the city evidencing the insurance coverage 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 City and shall maintain such insurance from the time city commences performance of services hereunder until the completion of such services. Within sixty (60) days of commencement of this Agreement the County shall furnish certified copies of the policies and endorsements. INSURANCE REVIEW - The above insurance requirements are subject to periodic review by the City. The City'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 city. 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 city, inflation, or any other item reasonably related to the city'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. County agrees to execute any such amendment within thirty (30) days of receipt. Page 5 of 6 93-318 CONSIDERATION In consideration for the services provided, the city shall pay DEHS each quarter (July 15, October 15, January 15, and April 15), an amount calculated by the following equation: A = 0.25 (P) (F) - $2,500 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 for the duration of this contract and 0.25 provides the quarterly payment amount TERM AND TERMINATION This agreement shall be effective September 1, 1993 and shall remain in effect through June 30, 1994 but may be renewed for specified periods, 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. Date Signed CITY OF SAN BERNARDINO B~J1tM~ Tom M~nor, Mayor ATTEST: Mk~~ JAMES F. PENMAN, City ,Attorney " - 'If~ t. /i I. j e" '-\---.... 'i,", By Approved as to form and legal content: Page 6 of 6