HomeMy WebLinkAbout17-Public Services
CITY OF'SAN BERN.DINO - REQUEST p. COUNCIL ACTION
From: Manuel P. Moreno, Jr.
Subject: Contract with San BErnardino County
Department of Environmental Health
Services to Continue Existing Household
Hazardous Waste Collection Center Program
Dept:
Date: July 22, 1993
Synopsis of Previous Council action:
Resolution 92-83, Adopted March 2, 1992, the City's Source Reduction and Household
Hazardous Waste Element
Recommended motion:
1. Adopt Resolution
2. That the sum of $130.650.40 be transferred from account no. 127-412-53160
(Tipping Fees) to account no. 127-411-53150 (Professional & Contractual Services)
for the purpose of. continuing the existing Household Hazardous Waste Collection
Center Program.
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Contact person: Kevin Barnes, Refuse Superintendent
Phone: 5053
Supporting data attached: Staff Report, Resolution, Contract Ward: All
FUNDING REQUIREMENTS:
Amount: $130,650.40
Acct. Descri tion
Finance:
,3 ...?O;J.- dO(J.
75.0262
Agenda Item No
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CITY' OF. 'SAN BERNAe>>INO - REQUEST F~ COUNCIL ACTION
STAFF REPORT
BACKGROUND
The California Integrated Waste Management Act of 1989 (AB 939)
required all jurisdictions to adopt and implement a Household
Hazardous Waste Element (HHWE) in an effort to prevent HHW from
entering and contaminating landfills. The City of San Bernardino
has done so by participating in the countywide HHW Collection
Center Program conducted by the San Bernardino County Department of
Environmental Health Services (DEBS). The program operates HHW
collection centers and occasional roundups at no charge to the
public, with funding traditionally provided through a per-ton
landfill tipping fee surcharge on regular solid waste at County
landfills. The surcharge for fiscal 1992/93 was $1.25 per ton,
which cost our city approximately $242,178.25.
CURRENT ACTION
The County Board of Supervisors has authorized the Solid waste
Management Department to drop the HHW surcharge from the 1993/94
tipping fees, and has authorized the DEBS to negotiate independent
funding contracts with the cities (see April 14th memo attached)
based on per-capita charges. By entering the proposed contract,
our 1993/94 payment will be $130,650.40, which is $111,527.85 less
than last year's amount. This figure is for $0.08 per capita times
the current population less $10,000 for our city to operate a part-
time collection center. Funding will be supplied from the Refuse
Division tipping fee budget, with 50% from both residential and
commercial. The savings are planned to offset higher costs of fuel
and labor to avoid an increase in refuse fees this year.
RECOMMENDATION
Staff recommends adoption of the resolution to enter the proposed
contract for one year in order to continue the existing effective
program while allowing time to assess the feasibility of a city-
only program.
75-0264
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RESOLUTION NO.
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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
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4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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 County of San Bernardino and the city of San Bernardino on behalf of
8 the Public Services Department, a copy of which is attached hereto,
9 marked Exhibit "A" and incorporated herein by reference as fully as
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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
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meeting thereof, held on the
1993, by the following vote, to wit:
Council Members:
day of
NEGRETE
~ on Abstain Absent
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City Clerk
1
CURLIN
HERNANDEZ
OBERHELMAN
OFFICE VACANT
POPE-LUDLAM
MILLER
August 4, 1993
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
1 EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COUNTY OF SAN
BERNARDINO AND THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN
2 BERNARDINO TO OPERATE A HOUSEHOLD HAZARDOUS WASTE COLLECTION CENTER.
3
4
The foregoing resolution is hereby approved this
, 1993.
day of
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7 Approved as to form and
8 legal content:
9 James F. Penman,
City Attorney
TOM MINOR, Mayor
City of San Bernardino
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August 4, 1993
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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 "DEBS" 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, THEREPORE, in consideration of mutual covenants and conditions
the parties hereto agree as follows:
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WITNESSETH:
RESPONSIBILITIES 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 DEBS
requirements. The wastes will be stored in their original
containers and placed in the 55-gallon drums inside a County-
Page 1 of 6
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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 ComDensation - 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.
ComDrehensive 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 the 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 OP 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.
PRooP OP 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
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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
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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 ComDensation - 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.
ComDrehensive 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
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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 agains~ 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
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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.
Notwi thstanding the foregoing, ei ther party may terminate this
contract at any time upon 90 days prior written notice to the other
party.
Date Signed
CITY OF SAR BERNARDINO
By:
Tom Minor, Mayor
COUNTY OF SAR BERNARDINO
By:
By:
ATTEST:
city Clerk
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
Page 6 of 6
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IN.ROFFICE MEMdt
DATE April 14, 1993 O,~
FROM PAMELLA BEHNE'l"J.'1 V\D'iRECTOR
Departaent of Environmental
PHONE 387-4629
MAIL CODE
Health Services
TO SOLID WASTE ADVISORY TASK FORCE
SUBJECT HOUSEHOLD HAZARDOUS WASTE PROGRAM
Under the 1993-1994 proposed County fee ordinance, the solid
waste tipping fee for the Household Hazardous Waste program
($1.25) is to be eliminated. Instead, the Board of Supervisors
has authorized the Department of Environmental Health Services to
negotiate independent contracts with each of the cities in the
County as well as to develop a Household Hazardous Waste program
for the unincorporated area.
The current Household Hazardous Waste program has been in place
since 1984. It began with a one day collection event in the City
of Redlands and a grant from the State Water Resources Control
Board to investigate the feasibility of collecting Household
Hazardous Waste from the public. Since then it has grown to
include twelve permanent collection centers (one central processing
facility and 11 satellite facilities), a series of one-day
collections in areas not currently served by the permanent sites
and a comprehensive public education program.
In an effort to secure adequate funding to ensure the continuity
of the program, DEHS developed draft contracts which proposed a
one dollar per capita fee, and met with city representatives
earlier this month. Several issues were raised at that meeting.
These were the level of funding, the equity between the city and
county share of the revenue base, and equity .in fees charged to
cities which operate collection centers as opposed to those which
don't operate the centers. In response to the issues raised,
DEBS has revised the budget and is now proposing a fee of $.80
per person and a $10,000. credit to those cities which operate
collection centers. (In order to receive the $10,000 credit, a
city would have to provide a minimum level of service of 10 hours
per month, Cities may chose to operate more hours.) I have
attached a Table showing anticipated fees based on this proposal,
compared to the existing funding mechanism. This Table shows a
$10,000. credit for each of the existing sites, but does not
preclude adding new locations to the existing program.
.1.7-000 Rev. 7112
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