HomeMy WebLinkAbout23-Public Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
. '.
From: James Howell, Director
Subject:
Resolution to authorize agreement
between San Bernardino City and
County to operate a household
hazardous waste collection center
Dept: Public Services
ORIGINAL
Date: December 19, 1996
Synopsis of Previous Council Action:
03/04/92 -
08/18/93 -
Resolution 92-83 - Adoption of HHW Program
Resolution 93-318 - Agreement with County of provide HHW services
Recommended Motion:
,l\DMIN..Oi4~~;lC&j
Adopt the Resolution
?' r"',~ ,,< '<. H
!:..J;.r'-"'7\J~,.....
Contact person: Lvnn Merrill. Environmental/Recvcling Proiect Manager Phone 5549
Supporting data attached: Yes
Ward: All
FUNDING REQUIREMENTS: Amount:
$145.360.00
Source: (Acct. No.) 527-415-5502 ($126.093) 527-415-5505($19.267)
(Acct. Descriotion) Professional/Contractual Services
FinanCe~/4r/~ ~~
Council Notes:
Res 97- /7
//),,7/97
,
Agenda Item No. ~ 3
.I
.
. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Staff is requesting adoption of the attached resolution, authorizing the Mayor to execute
an agreement with the County of San Bernardino to provide Household Hazardous Waste
Management Services to the City.
The California Integrated Waste Management Act of 1989, as amended, (AB939) requires,
among other things, that cities and counties must adopt a Household Hazardous Waste
(HHW) Element which describes the proper management of HHW generated by residents
within the jurisdiction, and which selects an appropriate program based on local
conditions. The Mayor and Common Council adopted Resolution 92-83 on March 4,
1992, which approved the City's HHW Element. The HHW management program that
the City selected was to participate in the county-wide HHW program administered by
the County of San Bernardino. This program provides a local drop-off center, located at
San Bernardino International Airport for residents to safely and conveniently dispose of
the HHW. The California Integrated Waste Management Board approved the City's
HHW Element on February 22, 1995.
In order to implement this program, Council enacted resolution 93-318 on August 18,
1993 authorizing the City to enter into an agreement with the County to provide HHW
management services. The terms of this previous agreement stated that "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."
Via letter dated June 12, 1996, staff received a new agreement from the County to provide
HHW services to the City at a cost of $145,360 per year. Initially, staff was concerned
that the agreement as presented did not provide detailed service levels that the County
would provide to the City for HHW management. Staff therefore entered into
discussions with County staff to clarify the services to be provided. As a result of these
discussions, staff successfully expanded the scope of services to include additional features:
Management assistance and disposal services to the City for all Hazardous Wastes
generated internally as well as orphaned wastes discovered along City right-of-ways,
and;
Training to City staff and crews in Public Services, Public Works and Fire
departments for 8-hour First Responder and 24-hour Hazardous Waste Operator
training. This training will improve the City's ability to respond to Hazardous
Waste incidents within the City, while reducing the likelihood of a City worker
being accidentally exposed to an unknown hazardous waste substance, and;
Curbside pick-up of HHW for seniors and disabled citizens who are unable to
transport their wastes to the Permanent Collection Facility.
.
Page 2
Currently, 23 of the 24 cities within the County have either entered into this agreement
or are negotiating similar agreements as this one. Only one city, Fontana, has elected to
manage this material internally. Fontana provides a manned, household hazardous waste
drop-off location in their yard, and has assumed the liability for hazardous waste disposal.
Under the agreement being presented to the Council, the County is the responsible entity
for any liability generated by the hazardous materials.
The cost for this agreement is $145,360 and is based on $0.80 per capita. $126,093 is
available for this agreement under Account 527-415-5502, Professional Services and $19,267
from Account 527-415-5505, Other Professional Services.
Staff recommends adoption of the attached resolution for management of the Household
Hazardous Waste Program.
PLEASE PR~A THE
REQUEST FOR PURCHASE
CITY OF SAN BERNIIRDINO
Item
No.
Complete Nomenclature I Description of Material Dimensions. Color, Mfg. &
Numoer, Etc. Detail description of work to be done. II replacement part-Mfg.
Name. Part no.. Model & Serial no. of Machine.
Unit
at
Measure
Extension
1.
C unt Char es for Household Hazardous Waste Fees
145,360 00
for FY 96-97
T Counci I 1/27/97.
From Account # 527-415-5502
126 093.00
From Account # 526-415-5505
_-1 261..00__
~ecommended Vendor:
Count of San Bernardino
Address:
Phone:
SUB TOTAL
SALES TAX
I Delivery Date:
I F.O.B. Point
For other vendor conlaCIllII" ,....'" alQe.
I hereby cettI thaI llle. above 1_ .,. IIMn,1llY lor
\IllS and .,. to be tha beINIllt I Buyer:
OIt\1eci . . I
EST. FREIGHT
Contact:
Terms:
GRAND TOTAL
145 360. 00
I APPROVED:
CITY ADMINISTRATOR
. .
COUNTY OF SAN BERNARDINO
COUNTY FIRE DEPARTMENT
HAZARDOUS MATERIALS DIVISION
385 North Arrowheed Avenue. Second Floor' San Bernardino. CA 92415-0153
September 4, 1996
RICHARD W. SEWELL
Fire Chief
County Fire Warden
LYNN MERRILL
CITY OF SAN BERNARDINO
PUBLIC SERVICE DEPARTMENT
300 N. "DOl STREET
SAN BERNARDINO, CA 92318-0001
SUBJECT: CLARIFICATION OF SERVICES FOR THE CITY OF SAN
BERNARDINO PROVIDED BY THE SAN BERNARDINO
COUNTY FIRE DEPARTMENT HAZARDOUS MATERIALS
DIVISION
As discussed in a meeting with you, Jimmy Kendall, Diane Christensen and myself,
the following services, supplies and equipment will be provided to the City of San
Bernardino by the County Fire Department Hazardous Materials Division:
Household H~7"rdous Waste Manal:ement
. 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 Hazardous Waste Storage Facility will be provided.
. The point of collection for the County for disposal of all household hazardous waste
collected by 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 as provided in Section 66260
et. seq. of the California Code of Regulations.
To: LYNN MERRILL
September 4, 1996
Page 2
. Permit applications from Cal EP A necessary for the collection of household
hazardous waste, specifically, batteries, oil, latex paint and antifreeze at the City's 12
monthly cleanup days will be provided. This will allow immediate management of
household hazardous waste that is brought to these events.
. Participants bringing wastes other than those listed above shall be referred to the
County's Permanent Household Hazardous Waste Collection Facility.
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 of these 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 Ha7"rdous 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 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.
" .
To: LYNN MERRILL
September 4, 1996
Page 3
Consultation will be provided that could reduce container purchasing and specific
waste stream management costs by 40%
. City Departments having their own EP A Identification numbers can participate in the
Conditionally Exempt Small Quantity Generator (CESQG) Program ifthe individual
department meets the CESQG qualifications
Traininl1
. "First Responder" training required by OSHA, will be provided to city staffwho may
be requested to respond to a Haz Mat incident.
. "HAZWOPER" 24 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.
Over the course of the last contract, 6300 gallons of recycled latex paint was obtained
(valued at $31,500 at $5.00 per gallon) at no cost to the city.
. 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
question on wastes management and recycling.
Emerl:ency Response SI.\PJJort
. 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.
. .
To: LYNN MERRILL
September 4, 1996
Page 4
. 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 Hazard Categorization Test Kit provided to the City
Fire Department last year at no cost.
. 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
$&ft~
PETER BRlERTY, DM~ Ch;ef
Hazardous Materials
County of San Bernardino
, E ~ New
i M W Change
: X I : Cancel
i County Depa ment County Service Dept. Orgn
i Area 70, Consolidated Fire District
County Department Contract Representative Ph. Ext.
Diane Christensen 382-5401
Fund Dept. Organization Obj/Rev Source Activity I GRC/PROJiJOB Number
SKX 106 160 9800!
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount I/O FY Amount
FOR COUNTY USE ONL Y
Vendor Code Dep~
Contract Number
-;':;;t-~
e~
i .'
iSCi106 IA,
Contractor's License No.
Amount of Contract
FAS
STANDARD CONTRACT
110
Project Name
Household Hazardous
Waste Agmt. without
Collection Center
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, CA 92318-0001
Phone Birth Date
(909) 384-5145
Federal ID No. or Social Security No.
956000772
IT IS HEREBY AGREED AS FOllOWS:
.ace below and additional b.,nd sheets. Set fortI" service fa be rendered, amount to be paid, manner of paymenr, time for performance or completion,
ation of satisfactory perf:-rmance and cause for termination, other terms and conditions, and arrac'1 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 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
a 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,'2311.000 Rev "'90 Paqe ~ of ~
. WHEREAS the Division of Hazardous Materials, referred to as the "Division" is a division of the
aounty responsible for the safe management of hazardous waste; and
~HEREAS 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
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.
City agrees to indemnify and hold harmless the County, its officers, agents, volunteers from any
and all claims, actions or 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,
~ss or damage which results from their respective obligations under the agreement, the County
...nd/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.
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, 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.
Page 2
Policies Primarv and Non-Contributorv - All policies required above are to be primary and non-
. contributory with any insurance or self-insurance programs carried or administered by the County.
_roof of Coveraae - City shall immediately furnish certificates of 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
A.:.dditional types of insurance coverage or higher coverage limits must be made by amendment to
.his Agreement. Town 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 Act of 1964, the California Fair Employment Practice Act, California Public Contracts
Code 2000 and the San Bernardino County MIWBE 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) 386-8689
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. 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.
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.
Page 3
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
_cts or omissions which arise from the County's performance of its obligations under this
greement.
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.
CONSIDERATION
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
e
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
e
Page 4
TERM AND TERMINATION
_his agreement shall be effective July 1, 1996 and shall remain in effect through June 30, 1997
W'ut 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.
e
COUNTY OF SAN BERNARDINO
~
Chairman, Board of Supervisors
City of San Bernardino
(State if corporation, company, etc.)
Dated
By ~
(Authorized Signature)
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN
OF THE BOARD.
Clerk of the Board of Supervisors of the County of San
Bernardino.
Dated
Title
Address 300 North "D" Street
San Bernardino, CA 92318-0001
Deputy
d as to Legal Form
~~IY\ ~tJ~
County cOD-e 9 .
DatelO 0w\\oJ/L.. <0
:view as to Alli'"]e AC:
Pagr
of
5
Date _I oJ..... - f t-( - q ro
02-123'1.000 Rev ""90