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HomeMy WebLinkAbout26-Public Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lynn ~erriR Drrector C,1 i G f NAL Subject Resolution authorizing the Mayor to execute an agreement with the County of San Bernardino Fire Department to provide Household Hazardous Waste Management Services and Home Generated Sharps Collection to the City and to authorize the Purchasing Manager to issue purchase orders for said Dept: Public Services Date: August 14, 2000 semces. Council Meeting Date: September 5, 2000 Synopsis of Previous Council Action 03/04/92 - Resolution 92-83 - Adoption ofHHW Program 08/18/93 - Resolution 93-318 - Agreement with County to provide HHW services 01/27/97 - Resolution 97-17 - Agreement with County to provide HHW services 09/02/97 - Resolution 97-273 - Agreement with County to provide HHW services Recommended Motion: Adopt Resollltion. iff ltIe~rrill Contact person: Linda Ceballos, Enviromental Projects Coordinator Phone: 5140 Supporting data attached: Staff report and Resolution Ward: All FUNDING REQUIREMENTS: Amount: $154,950 Source: 527-415-5502 Professional Services R!u ~ /~/w Fmance Council Notes: fi..WI ()~ f.rtgJJI~ ~Ie~ '1/S/00. ,IJ;! r/tJ/CKl -II~) , /04/00 ~CJ7 . A, :II )..r, loj/hlPO il. CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution authorizing the Mayor to execute an agreement with the County of San Bernardino Fire Department to provide Household Hazardous Waste Management Services and Home Generated Sharps Collection to the City and to authorize the Purchasing Manager to issue purchase orders for said services. BACKGROUND 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 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 for an open termination date with renewals for specified periods. The Mayor and Common Council adopted the most recent agreement on August 11, 1997 under Resolution 97-273 for a period of three (3) years, with two (2) single year option renewals This is the first request for one single year renewal. On August 9, 2000 staff received a new agreement from the county to provide HHW services to the City at cost of $152,550 for FY 00-01. This is an increase from last year; the cost is calculated by the State and determined by the population of the City for that year as estimated by the State of California Department of Finance. The term of the contract is for one year and may be renewed for specific periods. The agreement includes the following services: Management assistance and disposal services to the City for all Hazardous Wastes generated intemally 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; On-bside pick-up of HHW for seniors and disabled citizens who are unable to transport their wastes to the Permanent Collection Facility. I! " Under the agreement being presented to the Council, the County is the responsible entity for any liability generated by the hazardous materials. In addition, the City desires to enter into a separate agreement with the County to provide for Home Generated Sharps Collection. In October 1998, the City received a grant to develop a comprehensive education and management program for home generated sharps, generally defmed as needles used by diabetics or other individuals who use the items at home. The grant ended in March 2000 and the City desires to continue this program; at the time of grant award the City made a commitment to continue this program after the grant period concluded. Currently, the Municipal Code prohibits the disposal of such items in municipal solid waste, since these items pose a threat to the health and safety of the Refuse operators. This program provides a safe and effective alternative to illegal disposal in the household waste stream. Residents receive at no cost an appropriate sharps disposal container. The County provides a drop-off site for sharps as part of the Household Hazardous Waste facility, located at the San Bernardino International Airport. This agreement with the County includes provision for a drop-off site for home-generated sharps as well as a pick-up service of home-generated sharps for City residents on an appointment basis one day per week. Section 3.04.010 Paragraph B.1 of the Municipal Code allows an exemption for purchases through any advantageous government contract approved by the Council FINANCIAL IMPACT Funding for both the continuation of the Household Hazardous Waste Management Program and the Home Generated Sharps Collection Program were included in the FYoo-01 Refuse Enterprise Fund budget under Account 527-415-5502. For the Home Generated Sharps program, the County charges a fully burdened hourly rate of $22.50 per actual hour, and has established a not to exceed limit of $4,680.00. Past experience indicates that the total amount of cost will be no higher than $2,400. The cost of the Household Hazardous Waste Management Program is $152,550. RECOMMENDATION It is recommended that the Mayor be authorized to execute on behalf of the City the agreement between the City and the County of San Bernardino relating to Household Hazardous Wastes, and to authorize and direct the Purchasing Manager to issue an armual purchase order in an amount not to exceed $152,550 to the County for household hazardous waste management; and, That the Mayor be authorized to execute on behalf of the City, the agreement between the City and the County of San Bernardino relating to Home Generated Sharps Collection, and to authorize and direct the Purchasing Manager to issue an armual purchase order in an amount not to exceed $2,400 to the County for home generated sharps collection. 2 . 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 . . I' II frJ(Ri~V Resolution No. ~ \:0 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 AND HOME GENERATED SHARPS COLLECTION 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 for the provision of household hazardous waste management services, a copy of which is attached herero, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The l\Iayor 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 for the provision of home generated sharps collection, a copy of which is attached hereto, marked Exhibit "B" and incorporated herein by reference as fully as though set forth ar length. SECTION 3. The authorization to execute the above referenced agreement is rescinded if the parties ro the agreement fail ro execute it within sixty (60) days of the passage of this resolution. / / / / / / / / / / / / / / / / / / / / / / / / / i), i : (tn r " "'" ',; ii; Ii 11'/ I' .' August 16, 2000 i i '/ ,: \ . 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 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 AND HOME GENERATED SHARPS COLLECTION SERVICES. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2000, by the following vote, to wit: Council Members: Am Nays Abstain Absent ESTRADA LIEN McGINNIS SCHNETZ SUAREZ ANDERSON McCAMMACK Rachel Clark, City Clerk City of San Bernardino The foregoing resolution is hereby approved this day of ,2000. Judith Valles, Mayor City of San Bernardino Approved as to form and Legal content; James F. Penman, City Attorney BY: August 16, 2000 2 , 2000-313 FOR COUNTY USE ONL Y I I ~ CO?~ f ~ E X New Vendor Code Dept. Contract Number M Change SC SPD A X Cancel 106 District County Service Dept. Orgn. Contractor's license No. Area 70, Consolidated Fire District District Contract Representative Ph. Ex!. Amount of Contract [oiane Christensen (909) 382-5401 Fund I Dept. I 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 liD FY Amount lID Project Name - - Household Hazardous Waste - - Agreement without - - Collection Center DISTRICT FAS STANDARD CONTRACT THIS CONTRACT is entered into in the State of California by and between County Service Area 70, Consolidated Fire District hereinafter called the District, and Name CITY OF SAN BERNARDINO hereinafter called CITY Address 300 NORTH 0 STREET SAN BERNARDINO CA 92318-0001 Phone Birth Date (909) 384-5145 FederallD No. or Social Security No. 956000772 IT IS HEREBY AGREED AS FOLLOWS: (Use space helow and additional bond .meels. Setforth service to be rendered, amount to he paid, manner of payment, time for performance or completion, determination of.\'atisfaclory perfonnance and coumfor termination, other terrno\' and conditions, and attach pIOl1\", .fpeci{icalion.f, 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 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 Page 1015 I: 'II , WHEREAS the County Fire Department Division of Hazardous 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 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, defend, and hold harmless the County, its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this agreement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law. 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. If Contractor has no employees, it may certify or warrant to County that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Risk Manager. With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance. If the County's Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted. Page 2 of 5 ~ 1 J~ If' j 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. Waiver of Subrogation Rights- Contractor shall require the carriers of the above named coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. 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 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. Notwithstanding any of the other provisions of this section, presentation of evidence or a certificate by Contractor of a bona fide program of self-insurance coverage in an amount of not less than one million dollars ($1,000,000) shall satisfy all requirements contained in said other provisions of this article. Page 3 of 5 1----- I I' :~. 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, 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 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 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 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) where A = amount owed each quarter P = $152,550 Page 4 of 5 :!' 'IT 2000-313 , TERM AND TERMINATION 9. This agreement shall be effective July 1, 2000 and shall remain in effect through June 30, 2001 but may be renewed for specified periods, unless, otherwise terminated or amended. 10. Notwithstanding the foregoing, either party may terminate this contract at any time upon 90 days prior written notice to the other party. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO (Print or type name of rapon, company, contractor, etc.) u- ~ Jon D. Mikels, Chairman, Board of Supervisors By ~ Dated: Name 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: Mayor (Print or Ilpe) 10" \q-ou Title By Add ress 300 NORTH D STREET SAN BERNARDINO CA 92318.0001 Deputy Approved as to Legal Form ,\ ~/:?twa1t\ L. f\.Ush County Counsel Reviewed by Contract Compliance Reviewed for Processing ~ ~ Agency Administrator/CAO .- Date ~ uX.OO Date Date Page 5 of 5 f ~ . E X New Vendor Code Dept. Contract Number M Change SC SPD A X Cancel 106 District County Service Dept. Orgn. Contractor's license No. Area 70, Consolidated Fire District District Contract Representative Ph. Ext. Amount of Contract Diane Christensen (909) 382-5401 Fund I Dept. I Organization I Appr. I Obj/Rev Source Activity I GRCIPROJ/JOB Number SKX 106 160 , 9800 Commodity Code Estimated Payment Total by Fiscal Year FY Amount 110 FY Amount 110 Project Name - - Household Hazardous Wastel - - Sharps Collection - - 2000-313 FOR COUNTY USE ONLY I !c!~'O'-l , DISTRICT FAS STANDARD CONTRACT THIS CONTRACT is entered into in the State of California by and between County Service Area 70, Consolidated Fire District hereinafter called the District, and Name CITY OF SAN BERNARDINO hereinafter called CITY Address 300 NORTH 0 STREET SAN BERNARDINO CA 92318-0001 Phone Birth Date (909) 384-5145 Federal 10 No. or Social Security No. 956000772 IT IS HEREBY AGREED AS FOLLOWS: (l!.5C .5pace below and addilional bond s/reet.5. Set forth ,ferv;ce /0 be rendered, omoNnllo he paid, manner of payment, lime flIT perfomlallce or completion, delenllinulitm oj.fUfi.ifaclory perfonllmlce and cou.fejor ler",ination, olher tenn!J' and conditionr, and altach plans, specificotions, 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 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 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 Page 1015 l~ f WHEREAS the County Fire Department Division of Hazardous 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 continue the existing collection program of 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. WHEREAS the City was awarded a Household Hazardous Waste Discretionary Grant (which ended March 31, 2000) 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 1. 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. 2. The City shall schedule pick up appointments in coordination with Division staff for residents with home generated sharps. 3. 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. 4. The City shall obtain all necessary permits for the home generated sharps collection program. 5. 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. 6. Indemnification - City agrees to indemnify, defend, and hold harmless the County, its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this agreement from and cause whatsoever, including the acts, errors and omissions of any person and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law. 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. Page 2 of 5 I' :11' , 7. 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. If Contractor has no employees, it may certify or warrant to County that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Risk Manager. With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance. If the County's Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted. 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. Waiver of Subrogation Rights- Contractor shall require the carriers of the above required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. 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 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. Page 3 of 5 , 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 (3D) days of receipt. Notwithstanding any of the other provisions of this section, presentation of evidence or a certificate by Contractor of a bona fide program of self-insurance coverage in an amount of not less than one million dollars ($1,000,000) shall satisfy all requirements contained in said other provisions of this article. 8. 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 9. 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 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. 10. The County shall provide pick up service of home generated sharps for City residents on an appointment basis one day per week. 11. County will train its staff in the safe handling of home generated sharps. 12.lndemnification - 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. Page 4 of 5 2000-313 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 13.ln consideration for the services provided, the City shall pay the Division on a quarterly basis for the hours worked by Environmental Technicians performing sharps collection activities at $22.50 per hour (annual amount not to exceed $4680.00) which includes benefits. TERM AND TERMINATION 14. This agreement shall be effective July 1, 2000 and shall remain in effect through June 30, 2001 but may be renewed for specified periods, unless, otherwise terminated or amended. 15. Notwithstanding the foregoing, either party may terminate this contract at any time upon 90 days prior written notice to the other party. COUNTY OF SAN BERNARDINO CITY OF AN BERNARDINO (Print or type ns f co ration, company, contractor, etc.) ~ Jon D. Mikels, Chairman, Board of Supervisors By ~ Dated: Name udith Valles rin r type name of person signing contract) 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. Title Mavor (Plint or Type) Dated: \0 -\ei-OO By Deputy Address 300 NORTH D STREET SAN BERNARDINO CA 92318-0001 Approved as to Legal Form ~.czu:JlM L- . ~hc.~. County Counsel Date S GCr. 00 Reviewed by Contract Compliance Reviewed for Processing ~ ~ Agency Administrator/CAO Date Date Page 5 of 5 COUNTY FIRE DEPARTMENT COUNTY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AND PUBLIC SERVICES GROUP HAZARDOUS MATERIALS DIVISION Household Hazardous Waste Program Conditionally Exempt Small Quantity Generator Program 2824 East "W" Street, Building 302 . San Bernardino, CA 92415-0799 PETER R. HILLS Fire Chief County Fire Warden August 18, 2000 Lynn Merrill, Director City of San Bernardino Public Services Department 300 North D Street San Bernardino, CA 92418-0001 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 . The County will provide a permanent household hazardous waste (HHW) collection facility, open to the public, within the City of San Bernardino. . County will provide a site to co-locate the city's sharps collection consolidation point, will sign in and track these participants and will provide a monthly report of the sharps program usage to the City. . County will provide pickup of household hazardous waste for seniors and/or disabled citizens who are unable to transport their waste to a facility. This service will be provided on an appointment basis. . County will pick up sharps from city residents unable to deliver their full sharps containers to the consolidation point co-located at the household hazardous waste collection facility. This service 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. of the California Code of Regulation. · Qualifying Conditionally Exempt Small Quantity Generators (CESQGs) will be offered a cost effective means for legally disposing of hazardous wastes generated through their business or enterprise. Educational literature will be given to the City to assist in referring these businesses to other hazardous waste contractors or the County's CESQG Program. .1 t ,,_ _ _.~ ,-",' ';:J' A"j>:~jC~G;::n i"-:;' .,....,. ',:;,.,;!.'.f{ F~.,," t; ... ~ t.-. ,.., '- I I Q HI Lynn Merrill August 18, 2000 Page 2 . The County will continue to assist the City in sponsoring an educational booth at the Route 66 Rendezvous event in terms of staffing, equipment and educational means. . The County will 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 may advise staff of the availability of these products and encourage City Departments to utilize them. City Generated Hazardous Waste . The County will advise the City when requested in management of the city's hazardous waste stored at 182 South Sierra Way. The County will advise the City of waste management options available and will assist in determining the characterization of unknown city wastes through onsite hazard categorization analysis. . Joint inspections of the City's hazardous waste storage area will be made upon request from the city. County staff will advise the city staff of health and safety considerations during these inspections as well as proper waste management practices. County staff will not enter the waste storage area if determined to be unsafe. . County will assist city in conducting inspections and consultations as requested in other areas of the City's operations to promote regulatory compliance and implement cost saving pollution prevention measures. Other Services . Recycled latex paint will be provided (subject to availability) to the City as needed for graffiti abatement. . Data for compliance with the AB 939/AB 2707 Household Hazardous Waste Management Plan and the State Stormwater Runoff Permits will be provided. · Use of the County's 1-800-0IL Y CAT phone line and information system with an answering service for any questions on waste management and recycling is provided to residents. . County will open the San Bernardino HHW Collection Center on designated Saturdays for City resident use. i !, ill ~ ' Lynn Merrill August 18, 2000 Page 3 Training · First Responder Awareness training will be provided to City staff who may discover a hazardous materials incident. · "HAZWOPER" refresher 8 hour training will be provided to City Staff by request as the training relates to collection of used oil or household hazardous waste education issues. Emergency Response Support · County will, upon request, assist City Risk Management Department and City Fire Department Haz Mat in proper waste management of illegally disposed hazardous materials. For safety reasons, only Hazardous Materials trained personnel will characterize or handle these wastes. · Disposable, single use safety equipment, such as tyvek suits and inner gloves utilized in Haz Mat Emergency Response by the City Fire Department will be replaced by County Fire Haz Mat. · Reagents 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 by County Fire Haz Mat. · Training opportunities for City Firefighters to attend Hazardous Materials Specialist training funded by grants administered through the County will be continued. · Special training events, such as the Field Identification of Hazardous Materials Class, in which City Firefighters have been certified, will be continued at no cost. · Updated computer chemical database software will be provided to City Fire by County Fire Haz Mat. If any further clarification is necessary, please call me at (909) 382-5401. Sincerely, b{'~ Diane Christensen, REHS Supervising Environmental Health Specialist II 1111 I October ,~oo Jon D. Mikels County of San Bernardino Board of Supervisors 351 N. Arrowhead Avenue, 5th Floor San Bernardino, CA 92415 Dear Mr. Mikels, At the Mayor and Common Council meeting of October 16,2000, the City of San Bernardino adopted Resolution 2000-313 - Resolution to execute an agreement with the County of San Bernardino Fire Department to provide Household Hazardous Waste Management Services and Home Generated Sharps Collection to the City. Enclosed are fourteen (14) original contracts (7 titled Household Hazardous Waste Collection Facility Home Generated Sharps Collection Agreement, and 7 titled For Cities Without a Collection Center Household Hazardous Waste Agreement). Please sign in the appropriate locations and return the original contracts to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed by December 15, 2000. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, Michelle Taylor Senior Secretary ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 10-\10-00 Item # '2ln Resolution # Vote: Ayes -.-J- 'l Nays B Abstain .-0 Change to motion to amend original documents: Zem -~ I ~ Absent .4- Reso. # On Attachments: ~ Contract term: - NulllVoid After: 12- LS -()() Date Sent to Mayor: 10-1/- 00 Date Returned /Tom Mayor: Date of Clerk's Signature: '10--20-00 Reso. Log Updated: LO ''20-00 ,/ Date of Mayor's Signature:l(} Iq-OO Seal Impressed: V Date Memo Sent to Department for Signature: - See Attached: -= Date Returned: Date Letter Sent to Outside Party for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: D-9-S -00 See Attached:./ Date Returned: See Attached: See Attached: !;;?-/t/-oO , Note on Resolution of Attachment stored separately: -=- Direct City Clerk (circle I): PUBLISH, POST, RECORD W/COUNTY Date: See Attached: =: Yes / No By Yes No / By Yes No ...L... By Yes No V By Yes No =z: By Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234,655,92-389): Copies Distributed to: City Attorney / Parks & Rec. Code Compliance Dev. Services Police Public Services /' Water EDA Finance MIS Others: Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File:J J./ Date: J:z -t 0-C:CJ .