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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
..
From: James R. Howell, Director
Subject:
Resolution to authorize agreement
between San Bernardino City and
County to operate a household
hazardous waste collection center.
Dept: Public Services
Date: August 11, 1997
ORIGlilAL
AUG 1 4 1997
Synopsis of Previous Council Action:
03/04/92 - Resolution 92-83 - Adoption of HHW Program
08/18/93 - Resolution 93-318 - Agreement with County to provide HHW services
01127/97 - Resolution 97-17 - Agreement with County to provide HHW services
Recommended Motion:
Adopt the Resolution
Contact person: James Howell. Director of Public Services
Phone: 5549
Supporting data attached: Yes
Ward: ALL
FUNDING REQUIREMENTS: Amount: $147.702.00
Source: 527-415-5502 (FY 97-98)
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Council Notes:
Res 97- ~ 73
Agenda Item No. 33
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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 Fire Department 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 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 of 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. This agreement was renewed on January 27, 1997 by resolution
97-17.
Staff received a new agreement from the County to provide HHW services to the City
at a cost of $147,702.00 for FY 97/98. The cost of this agreement is based on $0.80 per
capita and is adjusted each year using the Consumer Price index. The term of the contract
is three years with two one year options. Staff has 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.
.
.
.'
Currently, 23 of the 24 cities within the County have entered into a similar agreement.
Only one city, Fontana, has elected to manage this material internally. Fontana provides
an attended, 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.
Staff conducted a cost comparison between the basic service levels provided by the County
and equivalent services provided to the City of Fontana by their private vendor. Labor,
disposal, transportation, and materials costs for the services provided were included in the
comparison. The cost of obtaining similar services through a private vendor were
estimated at $172,898.00. The County agreement represents a savings of $25,196.00 over
that available through a private vendor. This savings does not include the additional
training and collection services provided by the County at no additional costs.
Staff recommends adoption of the attached resolution for management of the Household
Hazardous Waste Program.
;OUNTY FIRE DEPARTMENT
COUNTY OF SAN BERNARDINO
AZ S MATERIALS DIVISION
85 North Arrowhlld AVlnul. Slcond Floor' SIn Blrn.rdino. CA 92415-0153
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RICHARD W. SEWELL
Fire Chief
County Fire Warden
July 21,1997
Lynn Merrill
City of San Bernardino
Public Service Department
300 North "0" Street
San Bernardino, CA 92318-0001
Dear Lynn,
Subject:
Clarification of Services for the City of San Bernardino Provided by the San
Bernardino County Fire Department Hazardous Materials Division.
Household Hazardous Waste Management
I A penn anent household hazardous waste collection facility, open to the public, five days a
week within the City of San Bernardino has been provided.
I Disposal will be provided for "orphan" containers of household hazardous waste discovered by
the City and designated household hazardous waste by the City.
I Disposal of household hazardous waste collected by the City at the City's 12 monthly cleanup
days and delivered to the City's Hazardous Waste Storage Facility will be provided.
I 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.
I Materials necessary for the collection of household hazardous waste including drums, liners,
absorbent, labels, gloves, and eye protection will be provided.
. Pick-up of household hazardous waste for seniors and/or disabled citizens who are unable to
transport their waste to a facility will be provided on an appointment basis.
.
At the point and time that the County becomes the generator of the household hazardous waste
and it is managed in the County collection system, the County is responsible and liable for the
management of the waste provided in Section 66260 et. seq. of the California Code of
Regulations.
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Lynn Merrill
July 21,1997
Page 2
Materials Reuse
. The County shall make available, at no cost, paints, weed killers, pesticides, fertilizers,
cleaners, car care products, and building materials that have been recovered through the
Hazardous Materials Reuse Program.
. The City shall advise staff of the availability 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 Hazardous Waste
. County shall provide management and oversight of City generated hazardous waste including
inventory control and tracking classification of unknown substances at the City Hazardous
Waste Storage Facility located at 182 South Sierra Way.
.
County shall arrange for materials exchange whenever feasible.
.
County shall arrange for transportation and disposal of hazardous waste including preparation
of manifests and other forms.
. City generated hazardous waste shall be managed using the City's EPA Identification Number.
. City representative shall sign the manifests.
. City shall pay for transportation and disposal of City generated hazardous waste.
. A weekly inspection will be made of the Hazardous Waste Storage Facility located in the City's
Public Services Yard.
. County shall assist City in conducting quarterly inspections and consultations will be provided
in the other areas of the City operations, as requested, to provide regulatory compliance and
implement cost saving pollution prevention measures.
. Consultation will be provided th.at could reduce container purchasing and specific waste stream
management costs by 40%.
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Lynn Merrill
July 21, 1997
Page 3
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City Departments having their own EP A Identification numbers can participate in the
Conditionally Exempt Small Quantity Generator (CESQG) Program if the individual
department meets the CESQG qualifications.
Training
.
"First Responder" training required by OSHA, will be provided to City staff who may be
requested to respond to a Haz Mat incident.
.
"HAZWOPER" refresher 8 hour OSHA required training will be provided to City staff who
will be assigned to work in the hazardous waste storage area. Training is job duty specific and
geared to issues covered in the Household Hazardous Waste Program.
.
Training is approved by State OES, Cal EPA and Cal OSHA and will be provided by State
Certified Instructors at the state of the art County Fire Department Training Center at the San
Bernardino International Airport.
Other Services
.
Recycled latex paint will be provided to the City as needed for graffiti abatement.
.
Data for compliance with the AB 939 Household Hazardous Waste Element and the State
Storm water Runoff Permits "Best Management Practices" will be provided.
.
Use of the 1-800 "Oily Cat" phone line is provided with an answering service for any questions
on wastes management and recycling.
Emergency Response Support
. County shall, upon request, support City Risk Management Department and City Fire
Department Haz Mat in disposition of illegally disposed of hazardous materials.
. Materials recovered during emergency response activities can be transported by the City to the
City Hazardous Waste Storage Facility for management with the City's routinely generated
hazardous waste.
. Expendable, single use equipment such as tyvek suits and inner gloves utilized in Haz Mat
emergency response by the City Fire Department will be replaced at no cost.
.
Chemicals used as testing agents for field identification of spilled hazardous materials will be
provided to resupply the Hazardous Categorization Test Kit provided to the City Fire
Department last year at no cost.
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Lynn Merrill
July 21, 1997
Page 4
.
Training opportunities such as arranging for ten City firefighters to attend the seven week
Hazardous Materials Specialist training that was funded through grants applied for by the
County will be continued at no cost.
.
Special training events such as the Field Identification of Hazardous Materials Class in which
seven City Firefighters were certified, will also be continued at no cost.
.
Activities have been initiated to enhance cost recovery through the County District Attorney's
office to provide for reimbursement to the City from responsible parties for expenditures on
multi thousand dollar cleanups.
lfany further clarification is necessary, please let me know at your earliest convenience at 387-3200.
Sincerely,
/d
PETER BRlERTY, Div' ion Chief
Hazardous Materials
E X Ne.....
FOR COUNTY USE ONt y
Venda' Code Oept
Contract Number
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,X Cance: I
County Department ounty ervice DeD!. Qrg"
IArea 70. Consolidated Fire District
County Department Contract Representative Pn. Ext
ICarolrn Gettman (909) 387-5944
i Fund i Dept. I Organization I Appr. Obj/Rev Source Activity I GRC/PROJiJOB Number j
iSKX i 106 160' 9800 1 ·
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount liD FY Amount
,SC 106 A
Contractor's license No.
.A.mount of Contract
County of San Bernardino
FAS
, ;T ANDARD CONTRACT
110
Project Name
Household Hazardous
,-
Waste A2mt. without = I
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
\lame
CITY OF SAN BERNARDINO
~ddress
hereinafter called
CITY
300 NORTH D STREET
SAN BERNARDINO CA 92318-0001
~none Birth Date
(909) 384-5145
::eaeral 10 No, or Social Security No.
9%000772
1:.~~1~; a~cGa:;~~G~b~n~?'1~;t:~~~:':'r:" service f(1 be re:lO"re::.. ;::",",C'ur: Ie br ~2IC. r:1anne, 0: ;Jc"'""~~~~ ~,'7'''' C[:. {J~.-formance or comp'.et!on
_"', ...-'~ or sailsfacron Of'(f(Jr."T:,":>-~f' .=':' :a~'::: T~" terf"'lmEwcr, c~:~.. 'fr'7':: c1C' c:"c':'--', E--( ;;rtac" f....:...~ :;:;,~ J,c~:,J'1;~ anc' a::0<7'1.J3, if anv.:
FOR CITIES WITHOUT A COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE
AGREEMENT
IT IS HEREBY AGREED TO AS FOLLOWS:
This agreement is made and entered into between the San Bernardino County Service Area 70
Consolidated Fire District (CSA 70 CFD), hereinafter referred to as 'County" and the City of San
Bernardino hereinafter referred to as the 'City".
RECITALS:
WHEREAS, the California Public Resources Code requires Cities and Counties to prepare a
Household Hazardous Waste Element which identifies a program for the safe collection,
recycling, treatment and disposal of hazardous wastes which are generated by households in the
city or county and which should be separated from the solid waste stream; and,
WHEREAS, the County of San Bernardino and each of the Cities in the County have developed
Household Hazardous Waste Elements (HHWE) which identify a county-wide cooperative
Aogram for the management of Household Hazardous Waste; and,
~HEREAS, the existing Household Hazardous Waste program operated by the County is
consistent with the adopted HHWE; and,
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WHEREAS, the County Fire Department, Division of Hazardous Materials, referred to as the
~~sion" is a division of the County responsible for the safe management of hazardous waste;
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:
1.
2.
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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.
Indemnification _ City agrees to indemnify, and hold harmless the County, its officers,
agents, and volunteers from any and all claims, actions, losses, damages and/or liability
resulting from the City's negligent acts or omissions which arise the from City's
performance of its obligations under this agreement.
In the event the County and/or the City is found to be comparatively at fault for any claim,
action, loss or damage which results from their respective obligations under the agreement.
the County and/or City shall indemnify the other to the extent of its comparative fault.
Furthermore, if the County or City attempts to seek recovery from the other for Workers
Compensation benefits paid to an employee, the County and City agree that any alleged
negligence of the employee shall not be construed against the employer of that employee.
3. Insurance - Without in anyway affecting the indemnity herein provided and in addition
thereto, the City shall secure and maintain throughout the contract the following types of
insurance with limits as shown:
Workers' Compensation - A program of Workers' Compensation Insurance or a state-
approved Self Insurance Program in an amount and form to meet all applicable
requirements of the Labor Code of the State of California, including Employer's Liability
with $250,000 limits covering all persons providing services on behalf of the City and all
risks to such persons under this Agreement.
Comprehensive General and Automobile Liability Insurance or Self-Insurance - This
coverage to include contractual coverage and automobile liability coverage for owned,
hired, and non-owned vehicles. The policy shall have combined single limits for bodily
injury and property damage of not less than one million dollars ($1,000,000).
Page 2
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Additional Named Insured - All policies or self-insurance, except for the Workers'
Compensation, Errors and Omissions and Professional Liability policies, shall contain
additional endorsements naming the County and its officers, employees, agents and
volunteers as additional named insureds with respect to liabilities arising out of the
performance of services hereunder.
Policies Primary and Non-Contributory - All policies required above are to be primary and
non-contributory with any insurance or self-insurance programs carried or administered by
the County.
Proof of Coverage - City shall immediately furnish certificates of insurance or self-
insurance to the County Department administering the contract evidencing the insurance
coverage, including endorsements, above required prior to the commencement of
performance of services hereunder, which certificates shall provide that such insurance
shall not be terminated or expire without thirty (30) days written notice to the Department,
and City shall maintain such insurance from the time City commences performance of
services hereunder until the completion of such services. Within sixty (60) days of the
commencement of this Agreement, the City shall fumish certified copies of the policies and
all endorsements.
Insurance Review - The above insurance requirements are subject to periodic review by
the County. The County's Risk Manager is authorized, but not required, to reduce or waive
any of the above insurance requirements whenever the Risk Manager determines that any
of the above insurance is not available, is unreasonably priced, or is not needed to protect
the interests of the County. In addition, if the Risk Manager determines that heretofore
unreasonably priced or unavailable types of insurance coverage or coverage limits become
reasonably priced or available, the Risk Manager is authorized, but not required, to change
the above insurance requirements to require additional types of insurance coverage or
higher coverage limits, provided that any such change is reasonable in light of past claims
against the County, inflation, or any other item reasonably related to the County's risk.
Any such reduction or waiver for the entire term of the Agreement and any change
requiring additional types of insurance coverage or higher coverage limits must be made by
amendment to this Agreement. City agrees to execute any such amendment within thirty
(30) days of receipt.
4. Contract Compliance - City agrees to comply with the provisions of the Affirmative Action
Compliance Program of the County of San Bernardino and rules and regulations adopted
pursuant thereto. Executive orders 11246, 11375, 11625, 12138, 12432, 12250, Title VII
of the Civil Rights Act of 1964, the California Fair Employment Practice Act, and other
applicable Federal, State and County laws, regulations and policies relating to equal
employment and contracting opportunities, including laws and regulations hereafter
enacted. Information on these rules and regulations may be obtained from the Contract
Compliance Officer of the County of San Bernardino at (909) 386-8689.
Page 3
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6.
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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.
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) (F) where
A = amount owed each quarter
P = the population of the City for that year as estimated by the State of
California Department of Finance
F = $0.80 adjusted July 1 each year beginning July 1, 1997, using the
Consumer Price Index and 1996 as the base year and
0.25 provides the quarterly payment amount
TERM AND TERMINATION
9. This agreement shall be effective July 1, 1997 and shall remain in effect through June 30,
2000 with options for two - one year renewals, unless, otherwise terminated or amended.
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10.
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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
.
Chairman, Board of Supervisors
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
.dino.
Dated
Deputy
u_r- ..".
CITY OF SAN BERNARDINO
(State if corporation, company, etc.1
By ·
(Authorized Signature)
Dated
Title
Address 300 NORTH D STREET
SAN BERNARDINO CA 92318-0001
.
Reviewed a
Date
3 ----} -97
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