HomeMy WebLinkAboutFD 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
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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.
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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
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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;
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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.
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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.
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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,
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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
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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