HomeMy WebLinkAboutFD Haz Waste Collection Program; Marin Recycling & Resource RecoveryCITY OF Agenda Item No: 3 c.
Meeting Date: January 17, 2012
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Fire
Prepared by: Christopher Gray
Py Manager Approval:
SUBJECT: Consideration of Resolution Approving and Authorizing the City Manager to Execute the Amended
Hazardous Waste Collection Program Agreement with the Marin Recycling and Resource Recovery Association
(MRRRA).
RECOMMENDATION: Staff recommends that the City Council adopt the Resolution and the Amended Hazardous
Waste Collection Program Agreement.
BACKGROUND: On September 14, 1995, the City and MRRRA entered into the original Hazardous Waste
Collection Program Agreement which allowed for the creation of the permanent Household Hazardous Waste Facility
and the Conditionally Exempt Small Quantity Generator (CESQG) Program.
The Hazardous Waste Collection Program Agreement was originally adopted to prevent household hazardous waste
(HHW) and CESQG waste from ending up in landfills, being illegally dumped into water ways, causing injury to
residents and sanitation workers, and causing fires. The City, Marin County Hazardous and Solid Waste
Management Joint Powers Authority (JPA), MRRRA, and all municipalities in Marin County, except Novato,
collaborated in an effort to collect and properly dispose of HHW and prevent it from becoming a danger to the public
and the environment. The hazardous waste collection program has been extremely successful and diverts thousands
of pounds of hazardous waste per week.
ANALYSIS: Staff has collaborated with MRRRA and the JPA to amend the Agreement, which supersedes the
current Agreement, to clearly specify responsibilities, documentation, and new programs. The amendments to the
Agreement include: new definitions, specific responsibilities for City and MRRRA, a new Door -to -Door Universal
Waste Pick-up Program, a term length to continue through the fiscal year 2020, compensation and rental expenses,
employee qualifications, specific additional State mandated documentation, a certified audit of MRRRA records, and
requires MRRRA to operate within the approved budget. The term length allows MRRRA to continue to operate the
facility for the City for the period specified in its Agreement with the California Integrated Waste Management Board
for funding the modernization of the 565 Jacoby Street facility.
FISCAL IMPACT: The City will be reimbursed for the costs of the services provided under this Agreement pursuant
to the Amended Hazardous Waste Funding Agreement with the Marin County Hazardous and Solid Waste
Management Joint Powers Authority being approved by separate Resolution today.
OPTIONS: The City Council can adopt the Resolution and the Amended Hazardous Waste Collection Program
Agreement. Should the City Council decide not to adopt the Amended Hazardous Waste Collection Program
Agreement, the current agreement will remain in effect.
ACTION REQUIRED: Adopt the Resolution and the Amended Hazardous Waste Collection Program Agreement.
Encls.
FOR CITY CLERK ONLY
File No.: t4 _K __
Council Meeting: f t
Disposition:
RESOLUTION NO. 13282
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AMENDED HAZARDOUS WASTE COLLECTION PROGRAM
AGREEMENT WITH THE MARIN RECYCLING AND RESOURCE
RECOVERY ASSOCIATION
WHEREAS, the City Council on September 5, 1995, pursuant to Resolution No.
9448, approved and entered into a Hazardous Waste Collection Program Agreement,
dated September 14, 1995, with Marin Recycling and Resource Recovery Association,
for the establishment and operation of a permanent household hazardous waste collection
facility and a conditionally exempt small quantity generator waste collection facility at
565 Jacoby Street in San Rafael; and
WHEREAS, the City of San Rafael and Marin Recycling and Resource Recovery
Association have agreed upon the amended agreement to clearly specify responsibilities,
documentation, and the new Door -to -Door Household Universal Waste Pick-up Program;
and
WHEREAS, the City Council approves the waiver of competitive bidding with
respect to this Agreement pursuant to San Rafael Municipal Code Section 2.55.070 in
order to allow Marin Recycling and Resource Recovery Association to continue to
provide the City with the required services at its modernized facility at 565 Jacoby Street,
in compliance with its funding agreement with the California Integrated Waste
Management Board.
NOW THERFORE, BE IT RESOLVED that the San Rafael City Council
authorizes and empowers the City Manager of the City of San Rafael to execute in the
name of the City of San Rafael the Amended Hazardous Waste Collection Program
Agreement with the Marin Recycling and Resource Recovery Association in a form
approved by the City Attorney.
BE IT FURTHER RESOLVED that the City Council of the City of San Rafael
finds that the actions taken by the Resolution are not subject to the California
Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061(b) (3) of the
CEQA Guidelines because there is no possibility that they will have a significant effect
on the environment as provided by CEQA. The City Clerk is hereby directed to file the
necessary Notice of Exemption as provided under CEQA.
1, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting
of the City Council of said City held on Tuesday, the 17th day of January, 2012 by the
following vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
AMENDED HAZARDOUS WASTE
COLLECTION PROGRAM AGREEMENT
This Agreement is entered into as of the 26th day of January, 2012, between the City of
San Rafael, a Charter City ("City"), and Marin Recycling & Resource Recovery Association, a
California Corporation ("Company").
WHEREAS, the City entered into a Hazardous Waste Collection Program Agreement
with the Company, dated September 14, 1995, as approved by City Council Resolution No.
9448, pursuant to which the Company has been operating a household hazardous waste facility
("HHWF") and also collecting conditionally exempt small quantity generator waste on behalf of
the City on a property owned by Marin Sanitary Service at 565 Jacoby Street in San Rafael; and
WHEREAS, the City holds a permit from the Marin County Certified Unified Program
Authority (CUPA) to conduct a hazardous waste collection program for household hazardous
waste and conditionally exempt small quantity generator waste, the Facility Operator being
named as the Company; and
WHEREAS, the parties now desire to enter into a new agreement that supersedes the
Hazardous Waste Collection Program Agreement, dated September 14, 1995, which shall be
deemed terminated on the effective date of this Agreement, subject to the survival of the
indemnification provisions in such superseded Agreement.
NOW, THERFORE, in consideration of the mutual promises contained in this
Agreement, the parties agree as follows:
Definitions.
A. "Approved Hazardous Waste" means hazardous waste that Company is
authorized to receive at the HHWF from households consisting of:
Used Oil
Used Oil Filters
Household batteries
Small quantities of mercury
Latex paints
Pesticides and herbicides
Kerosene
Acids
Caustics
Old gasoline
Other household flammable liquids
Ethylene Glycol
Lead acid batteries
Household cleaners
Fertilizers
Oil Based Paints
Paint strippers
Lamp oil
Bases
Universal Waste
And the hazardous waste that Company is authorized to receive from CESQG's consisting of the
above listed household hazardous waste and any other hazardous waste as defined in Title 22,
California Code of Regulations, Section 66261.3.
B. "Approved Service Area" shall mean all incorporated cities and towns, except
Novato, and the unincorporated areas of the County of Marin.
C. "BOP" means grant assistance provided to the HHW program by the Marin
County Storm Water Program.
D. "CESQG" is a Conditionally Exempt Small Quantity Generator business that
generates no more than 100 kilograms of hazardous waste in a calendar month as defined in
Z:I
H&S Code section 25218.1.
E. "CESQG Waste" is Approved Hazardous Waste generated by Conditionally
Exempt Small Quantity Generator businesses.
F. "Disposal Manifest" shall have the meaning set forth in California Code of
Regulations, Title 22, Section 66262.20.
G. "Generator" or "Producer" means any person, by site, whose act or process
produces hazardous waste identified or listed in Chapter 11 of Title 22, Division 4.5 of the
California Code of Regulations, or whose act first causes a hazardous waste to become subject to
regulation.
H. "HHWF" means the portion of the property at 565 Jacoby Street leased by
Company from Marin Sanitary Service that has been set aside and designated for the Company's
receipt of Approved Hazardous Wastes.
1. "Household hazardous waste" or "HHW" means any Approved Hazardous Waste
generated incidental to owning and/or maintaining a place of residence. Household hazardous
waste does not include any waste generated in the course of operating a business at a residence.
J. "JPA" means the Marin County Hazardous and Solid Waste Joint Powers
Authority.
K. "Participant" means any individual from a household or a CESQG that delivers
Approved Hazardous Waste to the HHWF or removes Approved Household Hazardous Waste
from the HHWF as part of the reuse of HHW. Participant also includes a household where
Approved Hazardous Waste is collected as part of the Door -to -Door Household Universal Waste
Pick-up Program.
L. "Permitted Disposal site'" means a hazardous waste disposal site permitted or
deemed to be permitted pursuant to 42 U.S.C. section 6925 and California Health & Safety
Code, Sections 25200, 25200.5 and applicable regulations.
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M. "Registered Hazardous Waste Transporter" means a transporter registered with
the Department of Toxic Substance Control to transport hazardous wastes, as required by
California Health & Safety Code, Division 20, Articles 6 (Health & Safety Code Section 25160
et seq.) and 6.5 (Health & Safety Code Section 25167.1 et seq.), and California Code of
Regulations, Title 22, Division 4.5, Chapter 13, Section 66264. 10 et seq.
N. "Reuse" means to use a material again for its original purpose without additional
processing by providing the material free to the public.
O. "Universal Waste" means hazardous waste consisting of:
Electronic devices
Batteries
Fluorescent tubes and bulbs
Mercury -containing equipment
CRTs
Aerosol cans
2. Scope of Services.
A. Acceptance and Management of Approved Hazardous Waste.
(1) Company shall perform all operational services for the Door -to -Door
Household Universal Waste Pick -Lip Program and at the HHWF in connection with receipt,
storage, handling, disposal and data collection of the Approved Hazardous Waste in accordance
with this Agreement and all applicable federal, state and local laws and regulations.
(2) Company shall accept Approved Hazardous Waste at the HHWF
according to the operating schedule as described in Exhibit "A", as it may be modified from time
to time by agreement of the parties or as otherwise provided in Exhibit "A".
(3) The Company shall voluntarily receive at the HHWF only Approved
Hazardous Waste -which has been produced by a resident or a CESQG located within the
Approved Service Area. Before accepting such waste, Company shall require verification that
the Approved Hazardous Waste delivered to the Company was produced by residents within the
Approved Service Area.
(4) Moreover-, the Company shall not receive any hazardous waste which it
does not believe can be handled or stored legally, safely, or compatibly with the facilities and
with other hazardous wastes at the HHWF. Company shall not accept any Un -Approved
Hazardous Waste at the HHWF as identified in EXHIBIT "B".
(5) Company shall segregate, package, label and otherwise prepare, and
contract for transport of Approved Hazardous Waste received at the HHWF by a Registered
Hazardous Waste Hauler, approved by the City's Fire Department, to a Permitted Disposal site.
Company shall have a written Transport Agreement with any Registered Hazardous Waste
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Transporter selected by Company to transport the Approved Hazardous Waste that obligates
such Transporter to indemnify, defend, hold harmless and release City and the JPA, and their
officers, agents and employees, from and against any and all actions, claims, damages, liabilities
or expenses (including costs of defense, settlement, expert witness fees, and attorney's fees) that
may be asserted by any person or entity, including the Transporter's employees or agents, arising
out of or in connection with the performance of such Transporter under the Transport
Agreement, whether or not there is concurrent negligence on the part of the City or JPA, but
excluding liability due to the sole active negligence or sole willful misconduct of the City or
JPA. Such Transport Agreement also shall require the Transporter to carry the following
insurance which City may require to be carried with higher coverage limits if determined to be
reasonably necessary to protect the City and JPA's interests:
Commercial General Liability Insurance -4 2 Million
Automobile Insurance -45 Million
Pollution, Sudden and Accidental Insurance --$5 Million
Workers Compensation— Statutory limits
The Commercial General Liability Insurance, Automobile Insurance, and Pollution, Sudden and
Accidental Insurance shall be placed with an insured with an A.M. Best rating of at least A7. The
Commercial General Liability Insurance also shall name the City and JPA as additional insureds,
with such insurance being primary insurance.
(6) Company shall collect, maintain and provide copies to the City of all
manifests, shipping documents, waste disposal invoices and any other documents and data
related to waste received, disposal and dispersal.
(7) Company shall have the responsibility for the safe handling and storage of
the Approved Hazardous Waste from the time the Approved Hazardous Waste is received by
Company through the Door -to -Door Household Universal Waste Pick-up Program, or is received
by Company at the HHWF, until such time as the Company has completed the safe loading of
the Approved Hazardous Waste onto a Registered Hazardous Waste Transporter vehicle for
transport to a Permitted Disposal site designated on a Disposal Manifest.
(8) Company shall work to resolve all customer conflicts internally without
contacting or involving the City.
(9) Company shall provide security to assure the safety of Approved
Hazardous Waste stored at the HHWF.
B. Transportation and Disposal of Approved Hazardous Waste.
(1) Under the terms of this Agreement. the City agrees that it is and accepts
the responsibilities of the Generator and Producer of the Approved Hazardous Waste received by
the Company at the HHWF in accordance with this Agreement. However, City shall not be
responsible for contamination permitted or caused by Company as a result of activities or
operations by the Company.
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(2) The City agrees that Company shall be responsible for the Bills of Lading
or Hazardous Waste Manifests in accordance with United States Department of Transportation
and State regulations. Company agrees to provide an experienced and qualified person to sign
hazardous waste shipment manifests and bills of lading on behalf of the City.
(3) City shall provide a Hazardous Waste California ID number.
C. Reporting Requirements.
(1) Within one month following the end of each quarter, Company shall
submit reports to City detailing HHW program and CESQG program activities for the previous
quarter; the report shall include all of the following:
(a) Expense invoices and collection and disposal related paperwork,
including but not limited to manifests, bills of lading, Participant delivery receipts, and reuse
receipts.
(b) All revenue receipts including but not limited to the CESQG fees.
(c) List of the types and quantities of CESQG waste received together
with identity of the jurisdiction where the CESQG waste was located.
(d) List of the types and quantities of HHW received together with the
identity of the jurisdiction where the household was located.
(e) List of the types and quantities of Door -to -Door Household
Universal Waste received.
(2) Within one month following the end of each City fiscal year ending,
Company shall submit a report to the City detailing the types and total quantities of waste
received by the HHW program in the previous fiscal year, so that the City may comply with
State of California's reporting regulations as currently specified in the California Department of
Resources Recycling and Recovery (CalRecycle) Form 303a, or any successor regulations.
(3) By February I of each year, the Company shall submit a report to the City
regarding the electronic waste received by the HHW program in the previous calendar year, so
that the City may comply with State of California's reporting regulations as currently specified in
the California Department of Resources Recycling and Recovery (CalRecycle) Annual CEW Net
Cost Report Form 220 and CEW Net Cost Estimation Worksheets for Collectors Form 220A, or
any successor regulations.
(4) City may require Company to provide additional operational related data
as deemed necessary for the City's monitoring and supervision of the operations of the HHWF.
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D. Trained and Qualified Personnel.
(1) Company shall be the supervisors of HHWF staff and resolve any
personnel issues or conflicts without City involvement.
(2) Company shall ensure that sufficient numbers of personnel meeting the
requirements of this section are available during the operating schedule to adequately meet the
requirements of the Agreement.
(3) Company shall use qualified staff trained in minor spill response, general
health and safety, and emergency procedures to collect, sort, identify and package, manifest,
transport and arrange for the treatment and/or disposal of incoming Approved Hazardous Waste.
(4) Company shall ensure that any personnel assigned to the functions
described in Section 2.D.(3) shall receive the training specified in California Code of
Regulations, Title 22, Section 66264.16(a), and Title 8, Sections 3380 and 5192, and shall keep
records of such training available on site at all times for inspection by the City.
(5) Company shall ensure that a medical surveillance program is instituted for
personnel meeting the requirements of Title 8 of the California Code of Regulations, Section
5192(f)(2), and shall keep such records on site at all times for inspection by the City.
E. HHWF General Operational Requirements.
(1) Company shall provide all the required expertise, management skills,
equipment and supplies necessary to operate a HHWF and CESQG Waste Collection program,
and a Door -to -Door Household Universal Waste Pick-up Program, including but not limited to,
providing properly trained and qualified personnel, preparing and distributing public information
materials to Participants and members of the public, collecting Approved Hazardous Waste,
identifying unknown wastes, packaging and labeling the Approved Hazardous Waste, and
providing on-site interim storage. transport, recycling, reuse, and disposal of the Approved
Hazardous Waste.
(2) Company shall ensure compliance with the standards and policies as
specified in the City's HHWF Operations Manual, dated October 1993, as it may be amended by
City from time to time hereafter.
(3) Company shall provide personnel to control on-site traffic, greet
Participants, unload Participant's vehicles, and identify and segregate Approved Hazardous
Waste. Company shall instruct Participants to remain in their vehicles at all times as required by
State law. Prior to unloading, Company shall inspect the material for any potential Un -Approved
Hazardous Waste.
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F. Surveys and Information Materials.
(1) When requested by the City, Company shall provide personnel to
distribute City information materials and/or collect City survey information from Participants at
the HHWF.
(2) Company shall contract for the printing of Household Waste Delivery
forms and CESQG delivery forms as necessary.
G. Public Education.
Company shall have a public education program as described in EXHIBIT "C" to
promote use of the HHWF and the Door to Door Household Universal Waste Pick-up Program
provided in subparagraph J below.
H. CESQG Waste Collection.
(1) Company shall ensure that when a CESQG is being unloaded, only one
waiting vehicle is unloaded at a time, and that all participants remain in their vehicles. A single
file unloading line shall be maintained at all times.
(2) Company shall:
(a) Ensure that CESQG's are charged in accordance with the fee
amounts listed on the CESQG Fee List as set forth by City Resolution.
(b) Track quantities and pounds of waste, total pounds delivered from
each municipality or jurisdiction and total dollar amounts collected from CESQG's.
(c) Invoice those businesses that do not pay during delivery.
(d) Provide a receipt to CESQG's, which shall reflect the name of the
CESQG, the address and phone number of the CESQG, the poundage of waste received, the fees
paid for depositing the waste at the HHWF, and the HHWF and CESQG's Hazardous Waste
California ID Number.
1. Reuse.
(1) In conjunction with the HHW and CESQG Waste collection and disposal,
Company shall promote and operate a reuse program. Company shall make available to the
public certain hazardous and recyclable materials for the purpose of reuse by the public.
Company shall assure that any reuse materials are not leaking, and shall maintain such reuse
materials in an approved storage container, in a designated location that is accessible and safe for
retrieval by the public. Signage shall be provided to direct the public to the reuse area.
(2) Company shall maintain records of the Reuse participants' municipality or
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jurisdiction, quantity and type of Reuse materials taken and provide the same to City as provided
in 2 C. specifying the Reuse participants' municipality or jurisdiction, type and quantity of
materials retrieved and date of retrieval.
J. Door -to -Door Household Universal Waste Pick-up Program.
(1) Company shall establish a Door -to -Door Household Universal Waste
Pick-up Program as provided in EXHIBIT "D", with a targeted implementation date of July 1,
2012, subject to budgeting in the annual HHW program budget approved by the JPA.
(2) The service area for the implementation of the Door -to -Door Household
Universal Waste Pick-up Program shall be initially limited to the City of San Rafael. The
Company shall expand the Door -to -Door Household Universal Waste Pick-up Program to other
municipalities or jurisdictions upon mutual agreement between the City and Company subject to
budgeting of such expansion in the annual HHW program budget approved by the JPA.
3. Companv's Books and Records.
A. Company shall maintain any and all documents and records demonstrating or
relating to Company's performance of services under this Agreement, including ledgers, books
of account, invoices, vouchers, cancelled checks, or other documents or records evidencing or
relating to work, services, employee time -sheets, and expenditures and disbursements charged to
City under this Agreement. All financial documents or records shall be maintained in
accordance with generally accepted accounting principles and all documents shall be sufficiently
complete and detailed so as to permit an accurate evaluation of the services provided by
Company under this Agreement. All such documents or records shall be maintained for four
years following the final payment under this Agreement. The Company shall make available
such documents and records for audit, review and copying by City or City's agent upon 10 days
advance notice from City.
B. City shall have the right to request and receive any Company documentation or
other information that is reasonably necessary for City to properly evaluate any Company
invoices submitted to the City and to withhold payment pending receipt and evaluation of all
information requested. Contractor hereby grants City permission to contact any vendor, supplier,
contractor named in the invoice for the purposes of evaluation and/or verification of an invoice.
C. In August 2012 and every three years thereafter, there shall be an independent
certified audit of the Company's records of the expenses, profit and revenues for the previous
period under this Agreement. The City shall obtain the services of an independent auditor to
perform this audit, the cost of which shall be included in the annual approved JPA budget. The
Company shall provide an adequate work space within their administrative office for the auditor
to perform the audit. During the audit Company shall make all records under this agreement
available to the auditor. Upon completion, the results of the certified audit shall be made
available to the City, JPA and Company.
4. Term.
A. The term of this Agreement shall commence upon March 1, 2012 and shall
continue to June 30, 2020, subject to earlier termination as provided in Section 11.G.
B. This Agreement shall not become effective unless the City and the JPA have
entered into an Amended Hazardous Waste Funding Agreement which supersedes the
Agreement between the City and the JPA dated July 1, 1996.
5. Compensation.
The procedures for compensation to the Company are as outlined in Exhibit "E".
6. Compliance with Agreement; Applicable Laws; Inspections.
A. Company shall perform its obligations under this Agreement in conformance with
the conditions of the CUPA permit issued to the City and with all applicable federal, state and
local laws and regulations.
B. Company shall maintain the HHWF in such a condition that it can pass a Marin
County CUPA inspection at any time.
C. Company shall inspect the HHWF at least monthly to confirm compliance with
the CUPA permit and all applicable laws.
D. City shall be entitled to inspect the HHWF, with or without Marin County CUPA,
at any time during the HHWF operational hours, without any advance notice to Company, to
confirm compliance with the CUPA permit and all applicable laws, and compliance with the
terms of this Agreement.
7. Indemnification.
A. Company agrees to accept all responsibility for loss or damage to any person or
entity, and to defend, indemnify, hold harmless and release City, its officers, agents and
employees, from and against any and all actions, claims, damages, liabilities or expenses
(including costs of defense, settlement, expert witness fees, and attorney's fees) that may be
asserted by any person or entity, including Company's employees or agents, arising out of or in
connection with the performance of Company under this Agreement, whether or not there is
concurrent negligence on the part of the City, but excluding liability due to the sole active
negligence or sole willful misconduct of the City. This indemnification obligation is not limited
in any way by any limitation on the amount or type of damages or compensation payable to or
for Company or its agents under workers' compensation acts, disability benefit acts or other
employee benefit acts. In addition, Company shall be liable to City for any loss or damage to
City property arising from or in connection with Company's performance hereunder.
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B. Notwithstanding the foregoing, the parties understand that Company's obligation
to defend, indemnify, hold harmless and release City shall not apply to and specifically excludes
any and all liability arising out of or in connection with the handling, treatment, storage or
disposal of Approved Hazardous Waste by third parties after it has been loaded onto a Registered
Hazardous Waste Transporter vehicle for transport to a Permitted Disposal site designated on a
Disposal Manifest, and that as between the parties to this Agreement, Company shall not (for
liability purposes or otherwise) be construed as either the generator or arranger of such Approved
Hazardous Waste.
8. Insurance.
Company shall procure and maintain for the duration of this Agreement, insurance as
provided hereafter against claims for injuries to persons or damages to property which may arise
from or in connection with the work hereunder by the Company, its agents, representatives,
employees or subcontractors. With respect to Commercial General Liability, Auto Liability
Insurance, and Pollution Liability Insurance, coverage shall be maintained for a minimum of five
(5) years after the expiration or earlier termination of this Agreement.
A. Minimum Scope of Insurance. Company shall maintain Insurance Policies with
coverages as follows:
1. Commercial General Liability, occurrence based coverage (Insurance
Services Office Form CG0001);
2. Automobile Liability Insurance, any owned and non -owned vehicle
(Insurance Services Office Form No. CAOOO I);
3. Workers Compensation Insurance, as required by the State of California;
4. Employer's Liability Insurance; and
5. Pollution Liability Insurance.
B. Minimum Limits of Insurance. Company shall maintain coverage limits in its
insurance policies that are no less than;
1. Commercial General Liability: $3 Million per occurrence and $6 Million
policy annual aggregate, for bodily injury, personal injury and property damage.
2. Automobile Liability: $3 Million per accident for bodily injury and
property damage.
3. Workers Compensation Insurance: Statutory minimum.
4. Employer's Liability Insurance: $1 Million each accident, $1 Million
policy limit bodily injury by disease, and $1 Million each employee bodily injury by disease.
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5. Pollution Liability Insurance: $6 Million each occurrence, $6 Million
policy annual aggregate.
C. Deductible and Self Insured Retention. Any deductibles or self insured retention
shall be declared to and approved by the City. If possible, the insurer shall reduce or eliminate
such deductibles or self insured retention as respects the City, its officers, officials, employees
and vohurteers; or the Company shall provide evidence satisfactory to the City guaranteeing
payment of losses and related investigations, claim administration and defense expenses. In the
event Company maintains a self insured retention under any of the foregoing insurance policies,
the Company shall upon notice of a claim under a policy surrender and pay the self insured
retention amount toward the defense and settlement of said claim.
D. Other Insurance Provisions.
1. The Commercial General Liability, Automobile Liability and Pollution
Liability Insurance policies shall contain, or shall be endorsed to contain, the following
provisions:
(a) The City, its officers, officials, employees and volunteers shall be
named as additional insureds.
(b) The Company's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-
insurance maintained by the City, its members, officers, officials, employees, agents or
volunteers shall be excess of the Company's insurance and shall not contribute with it.
(c) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be canceled or materially changed by the Insurer except after thirty
(30) days prior written notice has been given to the City.
2. The Automobile Liability policy shall be endorsed to delete the Pollution
exclusion and add the Motor Carrier Act endorsement (MCS -90), TL 1005, TL 1007 and any
other endorsements that may be required by federal or state authorities.
3. None of the required insurance policies may be obtained on a Claims
Made basis, other than the Pollution Liability Insurance, and if such insurance is obtained on
such a basis, the following shall apply:
(a) The "Retro Date" shall be shown, and shall be before the date of
the Agreement or the beginning of contract work.
(b) Insurance shall be maintained and evidence of insurance shall be
provided for at least five (5) years after completion of the Agreement, or earlier termination
thereof.
(c) If coverage is canceled or non -renewed, and not replaced with
another claims made policy form with a "Retro Date" prior to the effective date of the
Agreement, the Company shall purchase "extended reporting" coverage for a minimum of five
(5) years after completion of contract work.
(d) A copy of the claims reporting requirements shall be submitted to
the City for review.
E. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII if admitted. If Pollution Liability Insurance is not
available from an "Admitted" insurer, the coverage may be written by a Non -admitted insurance
carrier. A Non -admitted Company shall have an A.M. Best's rating of A:X or higher.
F. Verification of Coverage. Company shall furnish the City with a Certificate of
Coverage verifying the required insurance policies and coverage, and shall provide City with
portions of the insurance policies or endorsements of such policies satisfying the requirements of
Section 8.4, to the reasonable satisfaction of City. Upon City written request, Company shall
provide City with certified copies of the required insurance policies and pertinent endorsements,
within thirty (30) days after City's request.
G. Policy Obligations. Company's indemnity and other obligations shall not be
limited by the foregoing insurance requirements.
H. Material Breach. If Company, for any reason, fails to maintain insurance
coverage which is required pursuant to this Agreement, the same shall be deemed a material
breach of this Agreement. City, at its sole option, may terminate this Agreement and obtain
damages from Company resulting from said breach. Alternatively, City may purchase such
required insurance coverage, and without further notice to Company, City may deduct from sums
due to Company any premium costs advanced by City for such insurance. These remedies shall
be in addition to any other remedies available to the City.
9. Indemnity and Insurance for JPA.
Company agrees to indemnify the JPA and its members to the same extent that Companv
has agreed to indemnify City under Sections 7 of this Agreement, and to provide the JPA and its
members the same degree of insurance coverage provided the City under Section 8 of the
Agreement, including but not limited to naming the JPA and its members as additional insureds
under such coverage provided to the City. The Company shall provide the JPA, upon request,
with certificates and endorsements reflecting such coverage.
10. Status of Company.
A. Company is and shall at all times remain awholly independent contractor and not
an officer or employee of City. Company has no authority to bind City in any manner or to incur
any obligation, debt or liability of any kind on behalf of or against City, whether by contract or
otherwise, unless such authority is expressly conferred under this Agreement or is otherwise
expressly conferred in writing by City.
B. The personnel performing the services under this Agreement on behalf of
Company shall at all times be under Company's exclusive direction and control. Neither City,
nor any elected or appointed boards, officers, officials, employees or agents of City, shall have
control over the conduct of Company or any of Company's officers, employees or agents, except
as provided in this Agreement. Company warrants that it shall not at any time or in any manner
represent that Company or any of Company's officers, employees or agents are in any manner
officials, officers, employees or agents of City.
C. Neither Company, nor any of Company's officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees. Company expressly waives any claim to any such rights or benefits.
D. Company shall obtain City's written approval before utilizing any subcontractors
to perform any services under this Agreement.
11. Miscellaneous.
A. Entirety of Contract. This Agreement, constitutes the entire agreement between
the parties relating to the subject of this Agreement and supersedes all previous agreements,
promises, presentations, understandings and negotiations, whether written or oral, among the
parties with respect to the subject matter hereof. No modification, amendment, supplement to,
or waiver of this Agreement, or any of its provisions, shall be binding on the parties unless
made in writing and signed by such parties.
B. Severability. In the event any one or more provisions of this Agreement shall
for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this
Agreement shall be unimpaired, and the invalid, illegal or unenforceable provisions shall be
replaced by a mutually acceptable provision, which, being valid, legal and enforceable, comes
closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
C. Assignment. This contract may only be assigned by Company to an Affiliate
entity that controls, is controlled, or under common control of Company. "Control" means the
direct or indirect ownership of more than fifty percent (50%) of the ownership and voting
interests in the ordinary direction of the entity's affairs. Despite any other provision of this
contract, the Company cannot assign this contract to an Affiliate without the express written
consent of the City, which consent shall not be unreasonably withheld.
D. Waiver. No waiver of any term or condition of this Agreement or any breach of
this Agreement, or any part thereof, shall be effective unless expressed in writing and signed by
the party to be bound, and shall not be deemed a waiver of any other term or condition of this
Agreement, or if any subsequent breach of this Agreement or any part thereof.
E. No Joint Venture. The Company is an independent contractor of the City with
regard to the subject matter of this Agreement and nothing herein expressed or implied is
intended or shall be construed to create a partnership, joint venture, agency or employment
relationship among the parties hereto.
-13-
F. Third Parties. Except as provided in Sections 5 and 9, nothing herein express or
implied is intended or shall be construed to confer upon or give any third person any rights or
remedies pursuant to this Agreement and no party hereto shall be liable to any third person for
the acts or omissions of any other party.
G. Termination. Notwithstanding anything stated to the contrary herein, if Company
should fail to perform any of its material obligations hereunder, within the time and in the
manner herein provided, or otherwise violate any of the material terms of this Agreement, City
may immediately tenninate this Agreement by giving Company written notice of such
termination, stating the reason for such termination. In such event, Company, shall be entitled to
receive as full payment for services rendered prior to the effective date of the termination of the
Agreement in accordance with Section 5, less the amount of any damages sustained by City by
virtue of Company's breach of the Agreement. In addition, City may terminate this Agreement
upon the effective date of the termination of the Agreement between the City and the JPA which
provides the City's funding for this Agreement, by giving Company written notice of the
termination of such Agreement, provided that Company shall be entitled to receive full payment
for services rendered prior to the termination of such Agreement.
H. Headings. The section headings contained in this Agreement are for purposes of
reference only and shall not affect the meaning or interpretation of this Agreement.
I. Notices. All notices and other communications required or permitted to be
given under this Agreement, including any notice of change of address, shall be in writing and
given by personal delivery, or deposited with the United States Postal Service, postage prepaid,
addressed to the parties intended to be notified. Notice shall be deemed given as of the date of
personal delivery, or if mailed, upon the date of deposit with the United States Postal Service.
Notice shall be given as follows:
CITY
City Manager
City of San Rafael
P.O. Box 151560
(1400 Fifth Avenue)
San Rafael, CA 94915-1560
415-459-2242
COMPANY
President
Marin Recycling & Resource Recovery Association
zn
565 Jacoby Street
San Rafael, CA 94901
415-485-1509
With a Copy To:
City Attorney
City of San Rafael
P.O. Box 151560
(1400 Fifth Avenue)
San Rafael, CA 94915-1560
415-485-3109
J. Governing Law, This agreement shall be governed by and construed in
accordance with the laws of the State of California.
K. Closure Plan. Company shall undertake and complete the requisite closure
process for the HHWF. Except as otherwise provided herein, Company shall be responsible for,
and shall assume all cost of closure for the HHWF as required by California Code of
Regulations, Title 22, Chapter 15, Article 7, Section 66265.110 et seq., and Chapter 45, Article
1, Section 67450.30 et seq., and all applicable federal and state laws and regulations.
(1) $50,000 of JPA funds has been collected by City and placed aside for
payment of the costs in the event of HHWF closure.
(2) Closure cost beyond the available $50,000 shall be the sole responsibility
of Company.
(3) Company shall assure City that it has met all regulatory requirements in
regards to closure of the HHWF.
-15-
IN WITNESS WHEREOF., dw parties heLrew have executed this Aggeement as of the
date set forth above.
NANCY MACKLE, City Manager
ES C. BEIRNE, City Clerk
APPROVED AS TO FORM:
j efc.
ROBERT R EPSTEIN, City Attomey
ALARIN RECYCLING & RESOURCE
RWOVERY ASSOCIATION
EXHIBIT "A"
HHWF OPERATING SCHEDULE
1. Operating Schedule for the receipt of HHW and CESQQ:
A. The hours of operation are 8:00 am to 3:30 pm, with the understanding that
employees will need an additional one half hour for cleanup and closure.
B. The days of operation are Tuesday through Saturday, except for the following
Holidays: 4th of July, Thanksgiving, Christmas and New Year's Day.
2. Review of Operating Schedule
The Operating Schedule as set forth above may be modified from time to time as follows:
A. By agreement of the parties, following consultation with the JPA, which shall occur
at least annually prior to the commencement of a fiscal year, or
B. Upon City's determination that a fiscal or other emergency justifies a modification,
following City's consultation with the JPA, and City's giving reasonable advance
written notice to Company of the modification in the Operating Schedule and the
period of the modification.
Exhibit A
EXHIBIT "B"
UN -APPROVED HAZARDOUS WASTE
The following un -approved hazardous waste shall not be accepted at the HHWF:
1. Radioactive wastes.
2. Infectious wastes.
3. Biohazard wastes.
4. Explosives.
5. Ammunition.
6. Hard shell compressed gas cylinders.
7. Laboratory waste.
Exhibit B
EXHIBIT 66C99
PUBLIC EDUCATION
1. Company shall have a public education program concerning the HHWF and the Door -to -
Door Household Universal Waste Pick-up Program which shall include the distribution of
information as follows:
A. An advertised "Hazardous Waste Hotline" telephone line answered by a Company
employee during HHWF operation hours, with an answering machine on such
telephone line operable at all other times to take messages for a response during
operation hours.
B. Articles in local papers at least twice a year.
C. Flyers, handouts or newsletters distributed at least twice a year throughout the
Approved Service Area.
D. Handouts at the HHWF continuously.
2. In order for the public information program to succeed, efforts shall be made to reach all
Approved Service Area audiences. Public Information shall address the needs of various
groups (e.g..
, parents, children, merchants and neighborhood associations).
3. HHWF workers shall be trained in customer relations. Multilingual (English and Spanish)
workers shall be available at the HHWF and shall be trained to answer Participants
questions, including questions about questionnaires, forms, and operations of the HHWF.
HHWF employees shall encourage Participants to reduce the amount of hazardous waste
they generate and to tell their friends and neighbors about the HHWF.
4. Promotional materials, such as magnets printed with the slogans such as "My Garbage is
Toxic Free", or ball-point pens or other writing instruments advertising the HHWF
telephone number shall be distributed on a regular basis to Participants and at public events
and venues in the Approved area. Promotional materials shall also be provided to the City
and the JPA for distribution to the public.
5. The City may provide environmental management public education.
Exhibit C
EXHIBIT "D"
DOOR -to -DOOR HOUSEHOLD UNIVERSAL WASTE PICK-UP PROGRAM
1. Company will operate a Door -to -Door Household Universal Waste Pick -Up Program by
collecting from residences and transporting to the HHWF for disposition along with other
Approved Hazardous Waste received at that facility, the following Universal Waste
products:
• Electronic devices
• Batteries
• Fluorescent tubes and bulbs
• Mercury -containing equipment
• CRTs
• Aerosol cans
In addition to Universal Waste, the scope of the pick-up program also includes the
following approved hazardous waste products:
*Motor Oil
• Oil Filters
2. The Door -to -Door Household Universal Waste Pick -Up Program shall be provided to
residents by appointment only. Residents shall be permitted to make an appointment by
calling the Company's advertised Household Hazardous Waste Hot Line phone number
and speaking to a Company attendant during the HHWF operating hours, or by leaving a
message outside operating hours on an answering machine maintained by Company on the
Hot Line. Company shall return calls left on the Hot Line answering machine before the
end of the work day following their receipt.
3. City and Company shall evaluate the effectiveness of the Door -to -Door Household
Universal Waste Pick -Up Program within one year from its inception, and each year
thereafter.
4. Company shall assure that all Door -to -Door Household Universal Waste Pick -Up Program
operations are conducted in a safe manner and in accordance with local, state and federal
regulations regarding the collection, transportation, storage and disposal of such waste.
5. Company shall prepare a written operational plan for the Door -to -Door Household
Universal Waste Pick -Up Program for review and approval by the City within 60 days of
the commencement date of this Agreement.
6. The Company shall offer pick-ups at customer residences under the Door -to -Door
Household Universal Waste Pick -Up Program, by appointment.
Exhibit D
7. Company shall track and maintain records, and submit quarterly reports to the City,
regarding the Door -to -Door Household Universal Waste Pick -Up Program, including total
hours worked by each Company employee participating in the Program, equipment and
materials used, type and quantity of Universal Waste received, and number of households
served per day.
8. In January 2013, the Company shall provide a written report to the City and JPA on the
first six months of operations of the initial Door -to -Door Household Universal Waste Pick -
Up Program in San Rafael. The details required in the report will be determined while
creating the annual budget for fiscal year 2012-13. The report is intended to provide
sufficient information so that the City and JPA may consider the future of the program and
the feasibility of expanding the program to other municipalities and jurisdictions.
Exhibit D
EXHIBIT "E"
COMPENSATION PROCEDURES
1. The Company shall submit a detailed monthly invoice in a form to be mutually agreed
upon by the City and the Company. Such invoice shall be submitted by the last day of the
month following the month for which the costs and expenses were incurred. The invoice
shall be due and payable by the City no later than 30 days after receipt.
2. The City shall not compensate the Company for any cost increases and/or services rendered
beyond the amounts specified for Company in the annual HHW program budget, except
where the increased services and additional compensation has been agreed to in advance in
a writing between the City and Company, and approved by the JPA. All parties recognize
that the City needs to and shall obtain approval for each upcoming year's HHW Program
Budget from the JPA Board prior to authorizing company to proceed with continuing
operations of the HHW program.
3. The following general categories of expenses are approved for reimbursement under this
Agreement and will be included in the annual HHW program budget subject to approval by
the JPA:
A. Direct labor expenses for personnel working for the Company at the HHWF or the
Door -to -Door Household Universal Waste Pick-up Program for their time providing
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services under this Agreement. Expenses shall include regular wages, sick pay,
vacation pay, medical insurance, workers compensation insurance, retirement
benefits, and payroll taxes, but shall exclude overtime pay and holiday pay.
B. Company's rental expenses for the 13,755 square feet of leased HHWF at the rate
of $0.50 per month per square foot ($6,877.00) for the first year, as adjusted
annually thereafter on the anniversary of the Agreement by the change in the
Consumer Price Index, All Urban Consumers, for the San Francisco, Oakland, San
Jose Metropolitan area.
C. Legal and professional fees directly related to services provided under this contract.
D. Expenses related to direct labor personnel training & education (including travel,
meals, lodging, etc.) required to provide services under this Agreement.
Exhibit E
E. Equipment rental or other charges incurred for equipment used to provide services
under this Agreement
F. Waste disposal costs for the transportation and ultimate disposal of the Approved
Hazardous Waste collected under this Agreement.
G. Supplies and materials used to collect and safely consolidate materials prior to
transport.
H. Protective and safety gear used by the employees.
I. Other materials and supplies necessary to provide services under this Agreement.
J. Advertising, promotion and administrative costs related to services provided under
this Agreement.
K. Insurance specifically related to the HHW and CESQG programs.
4. The Company shall be allowed a profit calculated by applying an operating ratio of 90.5%
to the expenses eligible for reimbursement, not to include the expenses listed below. The
profit shall be calculated in the following manner (assume costs and expenses of $100,000
for the month).
Operating Costs — Operating Ratio — Operating Costs = Profit
$100,000 --. .905 = $110,497 - $100,000 = $10,497 profit
Rental expenses for the HHWF shall not be included in the Operating Ratio Profit
Formula.
5. The Company shall submit to City within the month following the completion of each
fiscal year a Report detailing the foregoing operating expenses approved for reimbursement
and the associated profit, less revenues received from Small Quantity Generator Waste
fees, sales of recycled Approved Hazardous Waste, and BOP and other outside funding
sources collected by the Company for operating the HHW program.
Exhibit E
CITY OF SAN RAFAEL
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO. cw
DATE OF MEETING: January 17, 2012
FROM: Christopher Gray Fire Chief
DEPARTMENT: Fire
DATE: December 29, 2011
nr-r%
2611
TITLE OF DOCUMENT:
Hazardous Waste Collection Program Agreement
K Mr. I V L -U -
J1 A N 12, 2012
CITY R LY
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Department Head (sig Inature)7"
AP ROV AS COUNCIL /AGENCY
AG TEM:
citkMan ger (Sir)
NOT APPROVED
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FAINWr
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City Attorney (signature)
