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FD Restated Paint Recovery Program and Waste Paint Mangagement ServicesCALIFORNIA ARCHITECTURAL PAINT RECOVERY PROGRAM a 9 n t ca r e 901 New York Ave NW. Suite 300 West ��a9 9 ® Washington DC 20001 (855) 724-6809 Restated California Architectural Paint Recovery Program Collection Facility and Waste Paint Management Services Agreement Between PaintCare Inc. and City of San Rafael RESTATED CALIFORNIA ARCHITECTURAL PAINT RECOVERY PROGRAM AND WASTE PAINT MANAGEMENT SERVICES AGREEMENT This Agreement is made on this day of Fi5,&,ev,4R_1/ , 2017 ("Agreement") by and between the City of San Rafael, a Charter City ("City") and PaintCare Inc., a Delaware corporation ("PaintCare"). RECITALS Whereas, PaintCare is the program manager of the California Architectural Paint Recovery Program (the "Program"), as set forth by Cal. Public Resources Code §§ 48700- 48706 (2010) (the "Legislation"); and Whereas, PaintCare desires to enter into agreements with hazardous waste and paint Collection Facilities for the purposes of Collecting Program Products (as defined below); and Whereas, the City of San Rafael Fire Department holds permits to operate Collection Facilities and desires to participate in the Program by Collecting Program Products; and Whereas, PaintCare wishes to obtain the services of the City for the Collection of Program Products in Marin County, except for Novato; and Whereas, the City may desire, but is not required, to engage in Services that are part of the Program, including Loose Packing, Direct Reuse, Reprocessing, and Bulking. Whereas, as of the Effective Date herein, this Restated Agreement replaces in its entirety the December 2, 2013 California Architectural Paint Recovery Program and Waste Paint Management Services Agreement between the parties. Now, therefore, for and in consideration of the terms of this Agreement and the mutual promises and covenants contained herein, the City and PaintCare hereto agree as follows. ARTICLE 1 - DEFINITIONS 1.1 "Agreement" means this executed document, including attachments, setting forth the obligations of the parties. 1.2 "Bulking" means opening individual cans of Program Products and combining the latex paint into separate 55 gallon drums marked "Latex Paint" and the oil-based paint into a separate 55 gallon drums marked "Oil -Based Paint." 1.3 "Collect/Collected/Collection" means accepting Program Products from the public, and properly identifying with the information received at the time of Collection, and packing for transportation. 1.4 "Collection Activities" means the Direct Reuse, Reprocessing, Bulking, and Loose Packing of Program Products. 1.17 "Program Products" means the materials described in Section 3 of Attachment B, which is incorporated by reference as if set forth in full. 1.18 "Reprocessed/Reprocessing" means (i) the blending or combining of acceptable Program Products, other than Bulking, at the Collection Facility for resale or to give away to consumers, and (ii) the blending or combining of acceptable Program Products (which may include Bulking) for use by the City or use on the site of the Marin HHW Facility. 1.19 "Required Insurance" has the meaning as used in Article 10. 1.20 "Services" means all services for which Service Provider is responsible, as described in this Agreement and in the Attachments hereto. 1.21 "State" means the State of California. 1.22 "Stockpile" means accumulating Program Products at the Marin HHW Facility for more than fourteen (14) Days. 1.23 "Temporary Collection Events" means an event hosted by the City to Collect HHW including Program Products at locations within Marin County, excluding Novato, as described in Attachment D: Collection Facility Information. 1.24 "Transportation Provider/Providers" means independent contractors hired by PaintCare to transport Program Products from the Collection Facilities. 1.25 "Written" or "In Writing" (whether or not capitalized) means in a written communication in hardcopy or electronic form, including e-mail. ARTICLE 2 — TERM OF AGREEMENT 2.1 The term of this Agreement shall commence on the Effective Date and shall remain in full force and effect for a period of two (2) years after the start date. 2.2 This Agreement shall be automatically renewed each year for additional one (1) year terms unless either party notifies the other in writing at least sixty (60) Days in advance of the renewal term commencement date that the Agreement shall not be renewed, provided the Agreement shall not, under any circumstances, be extended beyond June 30, 2020 without mutual agreement by both parties. Except for pricing, the consideration of each option year will be the same as the consideration during the previous contract year provided that the City's Fire Chief and PaintCare may agree in writing to a change in one or more of the prices to be paid by PaintCare as specified in Attachment C. The unit prices specified in Attachment C may be increased at any time as mutually agreed upon in writing by City Fire Chief and PaintCare. 2.3 If the Agreement is not renewed, or is terminated in accordance with Article 11 of this Agreement, unless otherwise instructed by PaintCare, the City, before the end of the term or the termination date of the Agreement, shall assemble all Collection Containers supplied by PaintCare whether or not full, and shall make them available for pick up at iii. By Reprocessing; or iv. By Bulking 3.2 The City shall not charge fees on a per unit basis to a household customer for dropping off Program Products at a Collection Facility. The City's subcontractor and their subcontractors may charge a service fee to household customers for Collecting Program Products through the Household Universal Waste Pick-up Program. The City may charge a processing fee per visit and a fee per gallon of Program Products for Conditionally Exempt Small Quantity Generators (CESQG), as specified in a City Resolution. 3.3 The City shall provide the Services at its own risk. 3.4 The City shall take every precaution to protect all public and private property during the performance of the Services. Any damage to PaintCare's or one of its subcontractors' property that is caused by City personnel, its subcontractor or equipment shall be promptly repaired to the condition existing before the damage or be replaced. All costs of repairs or replacements shall be solely the responsibility of the City. 3.5 Project deliverables, as identified in Attachment A: Scope of Work, paragraph 5, including notifications, reports, and cost and schedule commitments, are as integral a part of the Services as are the technical requirements. The City shall respond to all reasonable requests from PaintCare for preparation, access, review, and adjustment of these deliverables throughout the term of this Agreement. 3.6 The City shall perform the Services primarily at Collection Facilities and shall provide PaintCare and its representatives with reasonable access, as provided in Article 8.1, to all places under the City's subcontractors' control where the Services are performed in order for PaintCare to fulfill its rights under Article 8.1. 3.7 The City or its contractors shall give Transportation Providers at least five (5) business days' notice before requested pick-up of Program Products. 3.8 The City shall commence performing the Services under this Agreement on the Effective Date set forth in Article 1.9 and shall perform such duties continuously and diligently until they are completed in accordance with this Agreement. 3.9 The City shall inspect the Collection Containers upon arrival and determine if they are in proper condition for use. If the Collection Containers are not in proper condition, the City shall contact PaintCare immediately for repair or replacement of these Collection Containers. 3.10 In addition to those reports detailed in Attachment A: Scope of Work, the City shall for 3 years maintain records detailing: a. The quantity of Program Products transported by the Transportation Provider, in the form of a bill of lading and/or a manifest. The bill of lading and/or manifest 5 ARTICLE 4- REPRESENTATIONS AND WARRANTIES The City and PaintCare represent, covenant, and warrant that: 4.1 The City is the Permit by Rule holder and is qualified to perform management oversight of Collection Facilities operated by City's subcontractors and has the capacity and authority to enter into this Agreement. 4.2 PaintCare is in good standing and is qualified to carry on business in California, and has the approval, capacity, and authority to enter into this Agreement. 4.3 Each party represents, covenants, and warrants that there is no other agreement that prohibits that party from performing the obligations under this Agreement. 4.4 Each party represents, covenants, and warrants that it contracts for or possesses the business, professional, and technical expertise, training, and Materials and Activities required to meet its obligations under this Agreement. 4.5 Each party represents, covenants, and warrants that it shall perform its obligations or require its obligations to be performed in a diligent, safe, and workmanlike manner that conforms with generally accepted industry and professional practices, and the care and skill ordinarily exercised, for such Services. ARTICLE 5 - GENERAL OBLIGATIONS OF PAINTCARE 5.1 PaintCare will arrange at its expense for a Transportation Provider to pick up Collected Program Products from the specified Collection Facilities on an as -needed basis as requested by City or its subcontractors pursuant to Article 3.7, and transport them to intermediary locations, processors, or other final destinations that are part of the Program. 5.2 PaintCare shall provide all Collection Containers for Program Products to each of the Collection Facilities providing the Services. All Collection Containers supplied by PaintCare shall remain the property of PaintCare. 5.3 PaintCare shall have no authority to manage, direct, or supervise employees, representatives, subcontractors, or agents of the City, including how they perform the work and achieve compliance with applicable Law. 5.4 PaintCare shall require that the Transportation Providers and their subcontractors treat, store and dispose of all Program Products Collected by City and picked up by Transportation Provider in accordance with all applicable Law. PaintCare shall require the Transportation Providers and their subcontractors to maintain any facilities in accordance with all applicable Law. 5.5 PaintCare will contract with a Transportation Provider to arrange and provide for the ultimate disposition of the Program Products. PaintCare will require the ultimate 7.2 The City shall invoice PaintCare on a monthly basis electronically. Invoices furnished by the City under this Agreement must be in a form acceptable to the City and PaintCare. a. Each proper invoice shall include the information included in Attachment E: Model Invoice, which is incorporated by reference as if set forth in full, and shall state: The unique, identifying invoice number; The specific work categories of Services provided for under the Agreement; iii. The specific quantity of units invoiced under each category, as appropriate; and iv. Additional information as agreed to in writing by the parties that is unique to the Services being performed by the City and its subcontractors. b. Each invoice shall include the signature of the City employee or its designee responsible for submitting the invoice and a certification that the invoice accurately reflects the work performed. 7.3 All amounts paid by PaintCare to the City are subject to audit by PaintCare. 7.4 All invoices shall be submitted to PaintCare by the agreed method at the address specified below. All payments made by PaintCare to the City shall be submitted through direct deposit with an email notification of the payment submitted to the email address specified below. To: PaintCare Inc. Attn: Accounting Email Address: paintcare@bill.com To: City of San Rafael Fire Department Email Address: AR@cityofsanrafael.org 7.5 PaintCare shall pay the full amount of City's invoice for Services within thirty (30) Days of the date that the invoice is electronically transmitted. In the event PaintCare has a good -faith objection to an invoice, PaintCare shall pay the undisputed amount pursuant to the terms of this Agreement and notify the City in writing of said objections and describe in reasonable detail the basis for the objections. During any such dispute, the City shall continue with its responsibilities under this Agreement and shall not stop providing the Services or terminate the Agreement; and PaintCare shall be obligated to make all payments invoiced by the City as specified in this section over which there is no good faith dispute. The City and PaintCare shall make a good faith effort to resolve such disputes. Where it is determined that the City has been overpaid, the overpayment will be credited to PaintCare on the following invoice(s) from the City. Where it is determined that the City has been underpaid by PaintCare, the amount owed to the City will be included on the next month's invoice from the City. 9 ARTICLE 9 - INDEMNIFICATION 9.1 The City's Indemnification of PaintCare. The City, its successors and assigns, agree to defend, indemnify, and hold harmless PaintCare and its sole member, as identified under its Certificate of Incorporation, and their member companies, officers, directors, employees, successors, assigns, attorneys, agents, and invitees ("Indemnified Parties") from and against all claims, suits, demands, obligations, losses, damages (including punitive or exemplary damages), liabilities, expenses (including legal fees, expenses of litigation, court costs, and reasonable costs of investigation), and causes of action of every kind whatsoever, whether based in contract, tort, statute, common law, or strict liability, which are claimed in any way to result from, arise out of, or are connected with the City's performance of its obligations under this Agreement. This indemnification shall not apply to the extent any claims, suits, demands, obligations, losses, damages, liabilities, expenses, or causes of action are proven to result from the sole negligence or willful misconduct attributable to PaintCare. The foregoing indemnity shall include reasonable fees of attorneys, consultants and experts and related costs and PaintCare's costs of investigating any claims against PaintCare. 9.2 PaintCare's Indemnification of the City. PaintCare, its successors and assigns, agree to defend, indemnify, and hold harmless the City and its officers, directors, employees, successors, assigns, attorneys, volunteers, and subcontractors ("Indemnified Parties") from and against all claims, suits, demands, obligations, losses, damages (including punitive or exemplary damages), liabilities, expenses (including legal fees, expenses of litigation, court costs, and reasonable costs of investigation), and causes of action of every kind whatsoever, whether based in contract, tort, statute, common law, or strict liability, which are claimed in any way to result from, arise out of, or are connected with PaintCare's performance of its obligations under this Agreement. This indemnification shall not apply to the extent any claims, suits, demands, obligations, losses, damages, liabilities, expenses, or causes of action are proven to result from the sole negligence or willful misconduct attributable to the City. The foregoing indemnity shall include reasonable fees of attorneys, consultants and experts and related costs and the City's costs of investigating any claims against the City. 9.3 PaintCare shall require in its contracts with the Transportation Providers that the Transportation Providers agree to indemnify and defend the City, its agents, elected officials, and employees, from and against all claims, losses, damages, liabilities, expenses, and causes of action of every kind whatsoever, whether based in contract, tort, statute, common law, or strict liability, which result from or arise out of the Transportation Provider's (or its subcontractors') transportation or processing/disposal of any Program Products that the Transportation Provider picks up from any of the City's Collection Facilities. This indemnification obligation does not apply to the extent any claims, suits, demands, obligations, losses, damages, liabilities, expenses, or causes of action are proven to result from the negligence, willful misconduct, or breach of this Agreement attributable to the City, its agents, elected officials, or employees. ARTICLE 10 - INSURANCE 10.1 PaintCare acknowledges and accepts that the City is self-insured, and is a member of 11 property damage, and clean-up costs arising from the use, handling, storage, discharge, dispersal, release, escape, transportation, loading, unloading, or exposure to Program Products or Non -Program Products (collectively, the "PaintCare Required Insurance."). 10.6 PaintCare Required Insurance (except for Worker's Compensation Insurance) shall contain or be endorsed to name the City, the Marin County Hazardous and Solid Waste Management Joint Powers Authority ("JPA"), and MRRRA, and their officers, directors, employees, agents, successors, assigns, attorneys, and volunteers as additional insureds (with the exception of Workers' Compensation Insurance). The foregoing Required Insurance (except Workers' Compensation Insurance) shall contain or be endorsed to state that the Required Insurance is primary and is not additional to or contributing with any insurance carried for the benefit of the additional insureds. All of the PaintCare Required Insurance shall contain or be endorsed to provide a waiver of the right of subrogation against the City. 10.7 PaintCare shall provide a certificate of insurance and any required endorsements complying with this article within fifteen (15) Days of execution of this Agreement or twenty-four (24) hours before Services under this Agreement commence, whichever date is earlier demonstrating that the Required Insurance is in full force and effect and all premiums paid. All Required Insurance shall be placed with insurers with rating comparable to A-, VIII, or higher, that are authorized to do business in the State of California, and that are satisfactory to City. Approval of the insurance by City will not relieve or decrease the liability of PaintCare hereunder. Promptly after receiving a request by the City, PaintCare will provide copies of its insurance policies, endorsements, binders of insurance, or other documents sufficient for the City to verify PaintCare's compliance with its obligations hereunder. Such documents may be excerpted or redacted, so long as the information provided to the City is sufficient to verify PaintCare's compliance with its obligations hereunder. 10.8 For all PaintCare Required Insurance policies, PaintCare will endeavor to provide forty- five (45) days' advance written notice to the City of any modification, nonrenewal, or cancellation of coverage that causes PaintCare to be out of compliance with its obligations hereunder. 10.9 Should any of the Required Insurance be provided under a claims -made form, PaintCare at its sole expense, shall maintain such coverage continuously throughout the term of this Agreement, without lapse, and for a period of three (3) years beyond the expiration or termination of this Agreement, to the effect that, should occurrences during the contract term give rise to claims made after expiration or termination of the Agreement, such claims shall be covered by such claims -made policies. 10.10 PaintCare shall require in its contracts with the Transportation Providers that the Transportation Providers carry appropriate insurance, including the following (collectively, the "Transportation Provider Insurance"): a. Commercial General Liability insurance written on an occurrence basis covering personal injury, property damage, and bodily injury and death with limits not less than $1,000,000 each occurrence, and $2,000,000 in the aggregate; 13 that all Collection Containers are picked up by a Transportation Provider no more than thirty (30) Days after termination of Agreement. ARTICLE 12 -ASSIGNMENT AND SUBCONTRACTING 12.1 This Agreement and the obligations and rights hereunder shall not be assignable, novated, or otherwise transferred by operation of law by either party without the express written consent of the other party, which consent shall not be unreasonably withheld. Any change of control by either party, shall be deemed an assignment that requires prior written consent. A "change of control" includes, among other items, any merger, consolidation, sale of all or substantially all of the assets or sale of a substantial block of stock of PaintCare. 12.2 The City and PaintCare may subcontract any part of their obligations under this Agreement. If the City or PaintCare does subcontract out any portion of the work, nothing contained in this Agreement or otherwise, shall create any contractual relationship between PaintCare or the City and the subcontractors, and no subcontract shall relieve either party of its responsibilities and obligations hereunder. Each party agrees to be as fully responsible to the other for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the party. 12.3 City's obligation to pay its subcontractors is an independent obligation from PaintCare's obligation to make payments to the City. As a result, PaintCare shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor of the City. 12.4 PaintCare's obligation to pay its subcontractors is an independent obligation from PaintCare's obligation to make payments to the City. As a result, City shall have no obligation to pay or to enforce the payment of any monies to any subcontractor of PaintCare. 15 ARTICLE 15 - INDEPENDENT CONTRACTOR STATUS 15.1 The parties intend that each party, in performing its obligations under this Agreement, is acting as an independent contractor and that each party will control the work and the manner in which it is performed. This Agreement is not intended and may not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture, or association. 15.2 Each party, or its subcontractors as appropriate, shall be liable and responsible for providing all compensation and benefits due to, or on behalf of, all persons performing work pursuant to this Agreement on that party's behalf or under that party's direction or control. Neither party shall have any liability or responsibility for the payment of any salaries, wages, unemployment benefits, disability benefits, Federal, State, or local taxes, or other compensation, benefits, or taxes for any personnel provided by or on behalf of the other party. 15.3 Each party understands and agrees that all persons performing work pursuant to this Agreement on that party's behalf or under the party's direction and control are, for purposes of Workers' Compensation liability, solely employees of that party and not employees of the other party. Each party, or its subcontractors, shall be solely liable and responsible for furnishing any and all Workers' Compensation benefits to its employees as a result of any injuries arising from or connected with any work performed by or on behalf of that party or its subcontractors pursuant to this Agreement. 15.4 The Transportation Providers are independent third -party contractors and are not employees, partners, subcontractors, or agents of either party. Neither party is liable for the acts or omissions of the Transportation Providers under this Agreement. ARTICLE 16 - DISPUTE RESOLUTION 16.1 Both parties shall, in good faith, attempt to negotiate resolutions to all disputes arising out of this Agreement. If the dispute cannot be settled by good faith negotiations between the parties, PaintCare and City will submit the dispute to non-binding mediation. 16.2 Any disputes under this Agreement that are not disposed of by mutual agreement of the Parties may be decided by recourse to an action at law or in equity. Until final resolution of any dispute hereunder, both parties shall diligently proceed with performance of this Agreement. Any dispute over any question of fact or law arising under this Agreement shall be governed by the laws of the State of California. ARTICLE 17 -COMPLIANCE WITH LAW 17.1 The City and PaintCare shall comply with all Law applicable to their respective obligations under this Agreement. 17 endangerment to public health or welfare or the environment and/or requires cleanup or a response action under applicable Law, the City shall immediately notify PaintCare and shall take all appropriate action to prevent, abate, minimize, and cleanup such release and endangerment in conformance with applicable Law including applicable cleanup standards. The City and not PaintCare shall be responsible for the costs of such action and any liability and damages of any type, including actual, incidental, consequential, and punitive damages, arising from any action or occurrence identified in this Article 18.5. The City shall not delay the undertaking of appropriate action because of the inability to notify PaintCare. 18.6 If PaintCare becomes aware of an occurrence involving paint collected in the State by the Transportation Provider assigned to the City's Collection Facilities, during the Transportation Provider's performance of its services, that causes or threatens a release of a hazardous substance, hazardous waste, or hazardous material into the environment which presents or may present an imminent and substantial endangerment to public health or welfare or the environment and/or requires cleanup or a response action under applicable Law, PaintCare will notify the City as soon as reasonably practicable, and require the Transportation Provider to engage in any cleanup or response action required by Law. The City, to the greatest extent permissible by law, shall be not responsible for the costs of such action and any liability and damages of any type, including actual, incidental, consequential, and punitive damages, arising from any action or occurrence identified in this Article 18.6. for actions or occurrences not caused by the negligence or fault of the City. PaintCare shall not delay the undertaking of appropriate action because of the inability to notify the City. ARTICLE 19 - CONFIDENTIALITY/PUBLICITY 19.1 The City and PaintCare acknowledge and agree that the City is a public agency subject to the disclosure requirements of the California Public Records Act. ARTICLE 20 - MISCELLANEOUS PROVISIONS 20.1 No Waiver. The failure at any time to enforce any provision of this Agreement or failure to exercise any right herein granted shall not constitute a waiver of such provision or of such right thereafter to enforce any or all of the provisions of this Agreement. 20.2 Selective Waiver. Either party hereto may waive any default by the other party under this Agreement by an instrument in writing to that effect and any such waiver shall not extend to any subsequent or other default by such party. No failure on the part of any party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof. Either party may elect to selectively and successively enforce its rights hereunder, such rights being cumulative and not alternative. 20.3 Entire Agreement. This Agreement and all attachments and exhibits hereto, and all referenced documents, constitute the entire Agreement between the parties with respect to the matters herein, and integrates, merges, and supersedes all prior negotiations, representations, or agreements relating thereto, whether written or oral, 19 20.9 Survivability. The continuing obligations, rights and remedies of the parties under this Agreement, including those set forth in the sections relating to either party's representations and warranties (Article 4), title and risk of loss (Article 6), audit and inspection rights (Article 8), indemnification (Article 9), insurance (Article 10), independent contractor status (Article 15), dispute resolution (Article 16), compliance with the Law (Article 17), safety, health, and environmental protection releases of hazardous substances, emergency response (Article 18), and confidentiality/publicity (Article 19) shall survive the expiration or termination of this Agreement. IN WITNESS WHEREOF, the parties have each caused this Agreement to be executed by its duly authorized representative on the day and year set forth below. By: orized Signatory aintCare Inc. Jeffrev Wasikowski Print Name General Counsel and Corporate Secretary Print Title 4uth rized Sign o of San Rafae Jim Schutz Print Name Citv Manager Print Title ATTEST: 6:f-,fir`C, ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: r1 -Z ROBERT F. EPSTEIN, City Attorney 21 ATTACHMENT A: SCOPE OF WORK Services under the Program: 1) Manage all Collected Program Products gathered through the Collection Facilities only in the following ways and not dispose of Program Products in any other method without the written approval of PaintCare: a) Loose Packing; b) Direct Reuse; c) Reprocessing; or d) Bulking. 2) Collect, properly identify and sort any Program Products and put these Program Products into Collection Containers to be picked up by Transportation Providers. 3) The City shall not Stockpile Program Products. 4) Provide to PaintCare a minimum of thirty (30) Days advance notice of any Temporary Collection Events conducted by the City that include the Collection of Program Products that require PaintCare or its Transportation Providers to attend in order to pick up the Program Products collected at the Temporary Collection Event. 5) The City shall provide the following reports to PaintCare on a monthly basis, within thirty (30) Days of the end of each month Reports shall include: a) Date and location of any Temporary Collection Events held by or on behalf of the City; b) The number of Collection Containers of Program Products removed by the Transportation Providers by type (latex or oil-based) for each Temporary Collection Event and at each of the Collection Facilities; c) The number of containers of paint distributed for Direct Reuse to the public (this does not include the number of containers of paint that the public has not yet reclaimed); d) The number of gallons of paint Reprocessed and distributed to the public (this does not include the number of gallons of paint that the public has not yet reclaimed); e) The number of 55 -gallon drums of latex Program Products that have been Bulked; f) The number of 55 -gallon drums of oil-based Program Products that have been Bulked; and g) The number of roll -off Containers of latex paint that have been A-2 ATTACHMENT B: MUNICIPAL COLLECTION FACILITY GUIDELINES ***Attached Separately*** A-4 Section 1. PaintCare Drop -Off Sites PaintCare Provides Q Paint Collection Bins (cubic -yard size) Labels and/or markings for paint Collection Bins Recordkeeping forms/log Signage identifying your site as a PaintCare Drop -Off Site Educational print materials for your customers General Guidelines for Drop -Off Sites Each PaintCare Drop -Off Site has unique logistical and operational considerations, meaning that each Drop -Off Site must make its own decisions and use its best judgment to operate in the safest manner possible in accordance with applicable Law. To ensure the highest standards of safety for you and your staff, Drop -Off Sites must: Accept Program Products from participants during your regular advertised or posted operating hours Have appropriate signage that informs the public of the hours of operation Participants must be assisted and supervised when they come to drop off Program Products. Drop -Off Site staff should greet participants and verify eligibility of the participant and their leftover paint products as Program Products IMPORTANT: Never allow a customer to open a Program Product container Display PaintCare signage to identify you as a Drop -Off Site — signage should be posted in a highly visible area, at the entrance of your Site Have adequate space, staffing and training to collect and store Program Products Except for Program Products that you choose to manage on-site (e.g., via direct reuse), place all Program Products immediately in Collection Bins approved for use by PaintCare and provided by its contractors Provide a secure space for empty and full Collection Bins Pack only Program Products into Collection Bins (see Section 4 for a description of Program Products) Schedule shipments of Program Products from your Drop -Off Site Maintain all records relating to the Program Train staff to be familiar with the requirements and practices of this guide For additional information on state law regarding collection of the Program Products, visit the Department of Toxic Substance Control's website at www.dtsc.ca.gov A-6 Section 3. Accepting Program Products What Is Architectural Paint PaintCare Drop -Off Sites should accept only Program Products for management under the PaintCare Program. Section 4 includes the primary examples of architectural paint products accepted by the PaintCare Program ("Program Products") and paint or paint -related products not accepted by the PaintCare Program ("Non -Program Products"). Any Drop -Off Site that accept Non -Program Products will be responsible for managing all Non -Program Products at the Drop -Off Site's expense. Generally, architectural paints include latex and oil-based house paint, stains, and clear coatings (varnish, shellac, etc.). The Program excludes anything that is: in an aerosol spray can; intended and labeled "for industrial use only"; mostly used in the manufacture of equipment; and on the list of specifically excluded products for some other reason. Architectural paint is classified as either latex (water-based) or oil-based (alkyd) and the classification is important in order to decide how the product should be handled and recycled. Being able to tell the difference between latex and oil-based products is also important in determining which types of businesses/organizations can use the PaintCare Program (if your program accepts paint from this audience). Who Can Drop Off Program Products The Program accepts paint from the following: Households Residents may drop off any Program Product. Non -Households (Businesses and other organizations) To drop off oil-based Program Products, businesses/organizations must comply with state and federal hazardous waste generator rules that, among other criteria, require that that the business/organization (1) generates no more than 100 kilograms (about 25 gallons or 220 pounds) of hazardous waste per calendar month, and (2) does not accumulate more than 1,000 kg of hazardous waste at any time. Painting contractors and commercial property owners typically meet these criteria. For more information about these criteria, please see: htto://www.er)a.aov/er)awaste/hazard/veneration/cesoiz.htm Latex Paint is Special When post -consumer latex paint is intended for recycling, as it is when accepted at PaintCare Drop -Off Sites, it may be considered by a special California law to be managed as "non -hazardous waste." Therefore, any business/organization may drop off latex paint at Drop -Off Sites, even though it may not be eligible to drop off oil-based paint. A-8 Section 4. Container Condition and Approved Product Types Before accepting products from participants for management under the PaintCare program, Drop -Off Site staff must (1) check the product label and/or container contents to verify that it contains a Program Product, and (2) check the condition of the container for acceptance in the Program. Acceptable Containers vs. Unacceptable Containers Acceptable The Program Product must be in its original container* o The container is labeled as containing one of the designated Program Products listed below* The container must be in good condition and not leaking* a The container must be 5 gallons in size or smaller Not Acceptable The container is not original (e.g., paint was transferred into a jar)* • The container does not have an original label* o The container is leaking or has no lid* o The container is larger than 5 gallon • The container is empty *Drop -Off Sites that are permitted to accept household hazardous waste may accept unlabeled and leaking containers by following the procedures described below. Unlabeled and Leaking containers A Drop -Off Site that is permitted to accept household hazardous waste may, at its discretion, choose to accept unlabeled and/or leaking containers if it follows the protocols below and otherwise complies with all applicable Law: Unlabeled Containers A Drop -Off Site may accept containers that do not have an original label if an appropriately -trained staff person (i) identifies the material in the container as a Program Product, and (ii) applies an appropriate label to the container before placing it in a Collection Bin. Leaking Containers A Drop -Off Site may accept a leaking container or a container with no lid if an appropriately trained Drop - Off Site staff person (i) verifies that the container contains a Program Product, (ii) places the contents of the leaking/open container into an appropriate substitute container (which can include bulking such Program Products into 55 -gallon drums), and (iii) applies an appropriate label to the substitute container. A-10 Section 50 Drop -Off Se$p Limits While the PaintCare Program intends to collect as much Program Product as is available, we recognize that your Drop -Off Site may have storage limitations. PaintCare Drop -Off Sites, in agreement with PaintCare, may limit the amount of Program Products they accept from a participant. If your Collection Bins are completely full, inform the participant that you are temporarily unable to accept Program Products and redirect them to the nearest alternative PaintCare Drop -Off Site (see: www.paintcare.org) or ask them to come back at a later date. Contact the PaintCare Hauler immediately to have your Collection Bins picked up and replaced. If you have a participant with a significant amount of Program Products that your location cannot manage, contact PaintCare directly for additional assistance. We may direct the participant to another PaintCare Drop -Off Site that can manage the large load or offer a direct pickup. A-12 Section 7. Working with Hauler PaintCare contracts with transportation providers ("Haulers") for the delivery of supplies, delivery of empty Collection Bins, and pick-up of full Collection Bins. Scheduling the Hauler to Pick Up Collection Bins When you anticipate that your Collection Bins will be full within your site's pick-up timeframe [generally five (5) business days in urban areas and ten (10) business days in rural areas], call your Hauler to schedule a pickup, or use the online order system. The name and contact information of your Hauler is provided at the front of your training binder and should also be filled in on the cover of these guidelines. When establishing an appointment for pick-up, please indicate: That your facility is a PaintCare Drop -Off Site Name of Drop -Off Site and address Your name Your phone number Number of full Collection Bins to be picked up and the number of empty Collection Bins needed for replacement Preparing Collection Bins for Kemoval On the scheduled pickup day, Collection Bins should be readily accessible to the Hauler for quick and efficient loading. The Hauler will bring shipping documents and Collection Bins labels. The Hauler is responsible for loading and off-loading Collection Bins, and will provide a copy of the shipping documents to the Drop -Off Site. Keep a copy of the shipping documents for your records. A-14 Section 9. Training and Safevs Training For the safety of the Program and your staff, all employees handling Program Products must receive training in product identification, acceptance, handling, packaging, inspection and emergency response procedures before collecting Program Products or engaging in any PaintCare Program activities. Training ensures that employees conduct Program Products collection activities in a safe manner that protects workers and the environment. Program Products collection activities need to follow general safety practices including proper lifting techniques. Ensure Drop -Off Site employees are equipped for and understand hazards associated with Program Products. Maintain training plans and records for each employee. A form for recording staff training is included in Appendix C. Store personal protective equipment (PPE) and spill response equipment in an accessible location adjacent to the Collection Bins. Ensure that the materials are protected from the weather. The Drop -Off Site needs to be equipped with appropriate emergency response equipment including a fire extinguisher, spill kit and PPE. Monthly inspections of equipment are recommended. Ensure emergency procedures and emergency contact numbers including police, fire department and emergency services are posted by phone near the Drop -Off Site area. If applicable, develop and maintain emergency action plan as required by OSHA. If required by federal, state or local law, familiarize police, fire departments and emergency response teams with the layout of your facility, properties of Program Product handled at your facility and evacuation routes. For your convenience, a form for recording emergency contacts is included in Appendix D. A-16 Appendix A. Paint Drop-off Log (for businesses and organizations) Qualification: As a business or organization, you may drop off oil-based paint at a PaintCare drop-off site only if you provide the information below and certify that you comply with state -specific and federal (40 CFR 261.5) hazardous waste generator rules for exempt generators that, among other criteria, require that that the businesses/organizations (1) generate no more than 100 kilograms (about 25 gallons or 220 pounds) of hazardous waste per calendar month, and (2) accumulate no more than 1,000 kilograms of hazardous waste at any given time. Certification Statement: By signing this document, I certify that my business or organization currently meets the requirement in the preceding Qualification and met those requirements at the time that it generated all hazardous waste to be dropped off at this site. I also understand thatthe drop-off site accepting this waste and PaintCare Inc., its sole member, and their agents, employees, member companies, officers, directors, and assigns do not assume liability for my waste and that liability remains with my organization. By signing above, I waive, release, and hold harmless those entities and persons from any liability, claim, injury, losses or damages arising from my dropping off waste materials at this site. Date Oil -Based Paint Gallons [This log sheet may be provided to state agencies upon their request.] Name of Address of Name of Person Business/Organization Business/ Organization A-18 Dropping -Off Paint Phone Signature Number Appendix B. Direct Reuse and Reprocessed Paint Waiver (Per -Container Tracking) By signing below, I waive, release and hold harmless the Drop -Off Site, PaintCare Inc., PaintCare Inc.'s sole member, and all of their agents, employees, member companies, officers, directors, successors, and assigns from any liability, claim, injury, losses, damages, or cause of action of any kind whatsoever, whether based on contract, tort, statute, common law, or strict liability, which are claimed in any way to result from, arise out of, or are connected with the handling, receipt, use, storage, treatment, disposal (including spilling and leaking) or release of reuse materials obtained through the PaintCare Program. For all materials that I obtain from the PaintCare Program, I accept with full understanding and appreciation of the actual or potential dangers stemming from the proper or improper use. I accept all risk related to my handling receipt, use, storage, treatment, disposal (including spilling and leaking) or release of such Program Product. All materials that I obtain from the PaintCare Program, I accept as -is, with no warranties. I recognize that neither PaintCare nor the Drop -Off Site warrant that any materials obtained from the Drop -Off Site are merchantable or fit for any particular use. PaintCare and this Drop -Off Site are not responsible for any liability or damages stemming from the use of any material obtained from this Drop -Off Site. # of Latex Containers Taken Date Print Name Signature 1 -Quart 1 -Galion 5 -Gallon Totals A-20 # of Oil -Based Containers Taken Staff 1 -Quart 1 -Galion 5 -Gallon Initials Appendix D. fEmprL7pnc / Contact Information This form is to be completed prior to the first day of collection. Basic Local Emergency Contacts Facility Emergency Coordinator (name/phone): Alternate Emergency Coordinator (name/phone): Fire Department Phone Number Police Phone Number Hospital Phone Number For Spills of Program Product Patty Garbarino: 415-269-5648 Ron Piombo: 415-990-2489 911 911 Kaiser Permanente: 415-444-2000 Marin General: 415-485-3000 Report any spill or release of Program Product which, if not recovered, may cause pollution of waters of the state. Any such spill or release must be reported to the appropriate local and state enforcement agencies immediately, and to PaintCare within 24 hours. Local enforcement agency (name/phone): State agency (name/phone): PaintCare: Other (name/phone): Other (name/phone): San Rafael Police Department: 911 California Emergency Management Agency (Cal EMA) (800) 852-7550 A-22 (855) PAINT09 PaintCare will provide compensation for other Additional Activities as set forth below: Additional Description Unit Price Activity Paint PaintCare agrees to pay to the City for each gallon $ 4.50 per gallon Reprocessing of Reprocessed paint produced from Program Rate Products that is actually taken by a consumer, or claimed for use by the City, whether sold or given away without charge. Bulked Oil- PaintCare agrees to pay to the City for every 55- $85.00 per Based Paint gallon drum of Bulked oil-based Program Products Bulked 55 -gallon Waste Rate that is picked up by a Transportation Provider from drum a Collection Facility. Bulked Latex PaintCare agrees to pay to the City for every 55- $85.00 per Paint Waste gallon drum of Bulked latex Program Products that Bulked 55 -gallon Rate is picked up by a Transportation Provider from a drum Collection Facility. Loose Pack PaintCare agrees to pay to the City for every roll -of $1,000.00 per Latex Paint Rate container of Loose Pack latex paint that is picked up roll -off by a Transportation Provider. A-24 2. Facility name: Household Universal Waste Pick -Up Program • Permit holder City of San Rafael Fire Department • Facility address 565 Jacoby St San Rafael CA 94901 • Contact name, e-mail, and phone: Kathy Wall, Kathv.Wall cDmarinsanitarv.com. 415-485-6806 • Facility days and hours of operations: Tuesday through Saturday except for the following Holidays. 4th of July Thanksgiving. Christmas and New Years Day 9:OOAM thru 2 00 PM • Customers served: HHW only C. List the following for planned Temporary Collection Events taking place during the term of this Agreement where the location is known: 1. Site name: Bolinas Fire Department/Mesa Park • Permit holder: City of San Rafael Fire Department • Site address: 100 Mesa Road Bolinas, CA 94924 • Contact name, email and phone David Catalinotto, David. Catalinotto(a.citvofsanrafael. ora. 415-485-3309 • Event date and hours of operation Varies • Audience served: HHW only 2 Site name: Pt. Reyes Fire Station • Permit holder: City of San Rafael Fire Department • Site address: • Contact name, email, and phone: David Catalinotto, David. Catalinotto aacitvofsanrafael.ora. 415-485-3309 • Event date and hours of operation: Varies • Audience served HHW only A-26 ATTACHMENT E: MODEL INVOICE Service Provider City of San Rafael Make checks Name: payable to: Unique Identifying Mail payment Invoice Number: to: Collection Facility Location or Temporary Event Location/Date: Date(s) of I Additional ActivityI Quantity of Units I Unit Price Service Included Direct Reuse (tracked per -gallon) Direct Reuse (Latex) ,gallons Direct Reuse (Oil - Based) _ gallons ft- memo" Paint Reprocessed _ gallons Bulked Latex Paint _ Bulked 55 - Waste gallon drum Bulked Oil -Based Paint _ Bulked 55 - Waste gallon drum $1.60 per gallon Invoiced Amount $1.60 per gallon $4.50 per gallon "7 $85.00 per Bulked 55 - gallon drum $85.00 per Bulked 55 - gallon drum Loose Pack Latex _ Roll -offs $1,000 per roll -off Paint Total: The above invoice represents, to the best of my knowledge, complete and accurate information regarding the Services rendered and for which the Service Provider seeks reimbursement through the Program. I hereby certify on behalf of the Service Provider that the attached back-up documentation (if any) is accurate. A-28 CALIFORNIA JOINT POWERS RISKMANAGEMENT AUTHORITY Accredited With E:ccelle"ce from the Ca lifo r ni a A sso cia a on of Join I P o w ers Au tho ri t i es Certificate Holder and Additional Covered Party CERTIFICATE OF COVERAGE PaintCare, Inc. 1500 Rhode Island Avenue, NW Washington, DC 20005 Attention: General Counsel This certifies that the coverage Described herein has been issued to: city of San Rafael Description of Activity: California Architectural Paint Recovery Program- Collection Facility and Waste Paint Management Services Date(s) of Activity: J/1'2014-12 3112016 Location of Activity: 565 Jacoby Street, San Rafael, CA Certificate Entity Providing Coverage Excess Coverage Expiration Date California Joint Powers Risk Management Authority $ 500,000 6 30 2014 excess of $ 500,000 The following coverage is in effect and is provided through participation in a risk sharing joint powers authority: comprehensive general liability, automobile liability, and public officials errors and omissions, as defined in the Memorandum of Coverage on file with the entity and which will be made available upon request. The coverage being provided is limited to the activity and the time period indicated herein and is subject to all the terms, conditions and exclusions of the Memorandum of Coverage of the California Joint Powers Risk Management Authority. Pursuant to Section 11, subsection 8, relating to the definition of a covered party, the certificate holder named herein is only an additional covered party for covered claims arising out ofthe activity described herein and is subject to the limits stated herein. Coverage is in effect at this time and will not be cancelled, limited or allowed to expire at a date other than that indicated herein except upon 30 days written notice to the certificate holder. 12/12/2013 Date Form C - Revised 03.' 24120 10 V Authorized Signature David J. Clovis, ARM, General Manager Name and Title (Print or type) 320 1 Doolan Road.. Suite 285 • Livermore. CA 94551-7570 • Phone (92.5) 837-0667 • FAX (92.5) 290-1543 CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY Accredited ivith Excellence from the Californm Associati o n of Joint Power s Authorities Certificate Holder and Additional Covered Party: This certifies that the coverage described herein has been issued to CERTIFICATE OF COVERAGE PaintCare, Inc. 1500 Rhode Island Avenue, NW Washington, DC 20005 General Counsel San Rafael Description of Activity: California Architectural Paint Recovery Program -Collection Facility and Waste Paint Management Services Dates of Activity: Jan 1, 2014 to Dec 31 , 2016 Location of Activity: 565 Jacoby Street San Rafael, CA Entity Providing Coverage Excess Coverage Certificate Expiration Date $500,000 California Joint Powers Risk Management Authority excess of Jun 30, 2016 $500,000 The following coverage is in effect and is provided through participation in a risk sharing joint powers authority: general liability and automobile liability pooled self-insurance, as defined in the Memorandum of Coverage on file with the entity and which will be made available upon request. The coverage being provided is limited to the activity and the time period indicated herein and is subject to all the terms, conditions and exclusions of the Memorandum of Coverage of the California Joint Powers Risk Management Authority. Pursuant to Section 11, subsection 8, relating to the definition of a covered party, the certificate holder named herein is on ly an additional covered party for covered claims arising out of the activity described herein and is subject to the limits stated herein. Coverage is in effect at this time and will not be cancelled, limited or allowed to ex pire at a date other than that indicated herein except upon 30 days written notice to the certificate holder. I•onnc Jull , 2015 Date Authorized Signature David J. Clovis, ARM General Manager 320 1 Doolan R oad, Sm to 23' • Li vermore_ C \ 94j-� 1 e Phone (925) 83'-0607 • F \k )251 290-1 x43 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Fire Department Project Manager: Robert Sinnott Extension: 5067 Contractor Name: PaintCare Contractor's Contact: Eric Nouri Contact's Email: enouri@paintcare.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step 1 2 3 4 5 6 7 8 �9 RESPONSIBLE DESCRIPTION DEPARTMENT Forward signed original agreements to City Project Manager a. Email PINS Introductory Notice to Contractor City Attorney b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager City Manager/ Mayor b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Project Manager Forward three (3) originals of final agreement to contractor for their signature Project Manager When necessary, * contractor -sinned agreement agendized for Council approval *PSA> $20,000; or Purchase> $35,000; or Public Works Contract > $125,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form City Attorney Review and approve hard copy of signed agreement City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) City Manager/ Mayor Agreement executed by Council authorized official City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED DATE Click here to enter a date. Click here to enter a date. Click here to enter a date. 2/15/2017 2/13/2017 N Or 2/21/2017 2/21/17 2/22/17 REVIEWER Check/Initial El El El N ETD N RS El ETD ETD 2/23/17 ETD 2,27�t7 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Fire Project Manager: Bob Sinnott Extension: 5067 Contractor Name: PaintCare, Inc. Contractor's Contact: Eric R. Nouri Contact's Email: enouri@paintcare.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor N/A N/A b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement N/A and return to Project Manager N/A b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to N/A contractor for their signature 4 Project Manager When necessary, * contractor -signed agreement ® N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or Public Works Contract > $125,000 Date of Council approval Click here to enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City N/A Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed 12/21/16 ETD agreement 7 City Attorney Review and approve insurance in PINS, and bonds On file - (for Public Works Contracts) 12/21/16 8 City Manager/ Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and LJ forwards copies to Project Manager