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HomeMy WebLinkAbout32- Public Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Jim Howell,Director Subject: Resolution to authorize agreement between the City of San Bernardino and Dept: Public Services County of San Bernardino Fire O ^' ^'� A � Department to provide a consolidation Date: August 11, 1998 H /V-1 N point and home pick up services for sharps collection. 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 01127197 - Resolution 97-17 -Agreement with County to provide HHW services 01/13/98 - Resolution 98-3 -Approval of application for grant funds to expand HHW collection services Recommended Motion: Adopt the Resolution Jim owell Contact person: Jim Howell, Director of Public Service Phone: 5140 Supporting data attached: Yes Ward: ALL FUNDING REQUIREMENTS: Amount: $4,680.00 Sour : 123-527-5505 Finance Council Notes: y7�a-4i 09 ,I)r L . � 2 •- Agenda Item I CITY OF SAN BERNARDINO - KWUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Approval of an agreement between the City and the County of San Bernardino Fire Department to provide a consolidation point for sharps collection from City of San Bernardino residents. The County will also perform home pick up from City residents that are unable to deliver their sharps to the consolidation point. BACKGROUND Under AB 939,the City of San Bernardino is required to have, as part of its local waste management planning documents, a Household Hazardous Waste Element which describes the methods and approaches that the City will use to prevent HHW from being illegally disposed of at solid waste landfills. Public Resource Code Section 47200 authorizes the California Integrated Waste Management Board to award grants annually to local government agencies for programs that reduce the amount of household hazardous waste (HHW) disposed of at solid waste landfills. Grants are available for local government agencies to establish or expand permanent and sustainable solutions for HHW collection. On May 1,1998,The California Integrated Waste Management Board awarded the City of San Bernardino a Household Hazardous Waste Discretionary grant for $71,955.00. The term of the grant is two years. Grant funds will be used to expand HHW collection service to include sharps. This includes needles, syringes, and lancets used to administer home health care. The grant will fund educational material, collection containers, disposal costs, and home pick up service. The County will add an accumulation point for a collection program for home generated sharps, located at the San Bernardino County Fire Department Household Hazardous Waste Collection Facility. Sharps collection for City residents will be offered five days per week at this existing facility. The County will provide pick up service of home generated sharps for City residents on an appointment basis one day per week. FINANCIAL IMPACT Grant funds will be used to pay for County of San Bernardino Fire Department staff salary while performing duties related to sharps home pickup services. The annual amount is not to exceed $4,680.00 per year for the term of the grant. The term of the grant is two years. RECOMMENDATION Staff recommends adoption of the attached resolution. 1 Resolution No. • 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FIRE DEPARTMENT TO PROVIDE A CONSOLIDATION POINT FOR SHARPS 4 COLLECTION AND PERFORM HOME PICK UP SERVICES OF SHARPS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf 8 of said City an Agreement with the County of San Bernardino Fire Department to provide a 9 10 consolidation point for sharps collection located at the San Bernardino County-Fire Department 11 Household Hazardous Waste Collection Facility and to perform home pick up services of sharps 12 from City residents, a copy of which is attached hereto, marked Exhibit "A" and incorporated 13 herein by referenced as fully as though set forth at length. 14 SECTION 2. The authorization to execute the above referenced agreement 15 is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of 16 this resolution. 17 18 19 20 21 22 23 24 25 26 • 27 28 August 11, 1998 I l 91a119f 1 r • c 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ' EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO 3 FIRE DEPARTMENT TO PROVIDE A CONSOLIDATION POINT FOR SHARPS . COLLECTION AND PERFORM HOME PICK UP SERVICES OF SHARPS. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on 7 the day of 1998, by the following vote,to wit: 8 9 Council Members: Ayes Nay§ Abstain Absent 10 ESTRADA 11 LIEN 12 ARIAS _ 13 SCHNETZ • 14 DEVLIN 15 ANDERSON _ 16 MILLER — 17 18 19 City Clerk 20 The foregoing resolution is hereby approved this day of 21 1998. 22 23 Judith Valles,Mayor 24 City of San Bernardino Approved as to form and 25 Legal content; James F. Penman,City Attorney 26 BY: • 27 28 August 11, 1998 2 98-273 FOR COUNTY USE ONLY yr —� E V Vendor Code Dept. Contract Number M nge a X cel SC 106 A County Department County SerVlce Dept. Orgn. Contractor's License No. Area 70, Consolidated Fire District ICounty Department Contract Representative Ph. Ext. Amount of Contract Diane Christensen 909 382-5401 County of San Bernardino Fund Dept. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number F A S I SKX 106 160 9800 Commodity Code Estimated Payment Total by Fiscal Year STANDARD CONTRACT FY Amount l/D FY Amount lfD Project Name Household Hazardous Waste/Sharps _ Collection 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 hereinafter called CITY Address 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: lUse space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or comcletion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, 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 02-12311-000 Rev. 11/90 Page 1 of 5 98-273 WHEREAS the 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 expand the existing collection program to include 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; and WHEREAS the City was awarded a Household Hazardous Waste Discretionary Grant 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 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. The City shall schedule pick up appointments in coordination with Division staff for residents with home generated sharps. 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. The City shall obtain all necessary permits for the home generated sharps collection program. 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. 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 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, 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 98-273 r 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 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 — Not withstanding all the insurance requirements set forth herein, City may satisfy such requirements by a letter indicating that it has a bonified self-insurance program 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. Page 3 98-273 Contract Compliance . City agrees to comply with the provisions of the Equal Employment Opportunity 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 the San Bernardino County 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. 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 and add 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. The County shall provide pick up service of home generated sharps for City residents on an appointment basis one day per week. County will train its staff in the safe handling of home generated sharps. 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. Page 4 98-273 CONSIDERATION In 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 This agreement shall be effective July 1, 1998 and shall remain in effect through June 30, 2000 with options for two - one year renewals, 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. COUNTY OF SAN BERNARDINO ► CITY OF SAN BERNARDINO Chairman, Board of Supervisors (State A corporation, company, etc.) Dated By ► uthorized Signature! SIGNED AND CERTIFIED THAT A COPY OF THIS Dated DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Title Clerk of the Board of Supervisors of the County of San Bernardino. Address 300 NORTH D STREET By SAN BERNARDINO CA 92318-0001 Deputy Approved as to Legal Form Reviewed as to Affirmative Action Revi ed for Processing !1 County counsel, q Agency Ad inist ator/CAO Date I Date Date ���Q 02 12311.000 Rev. 1 Page S of 5