HomeMy WebLinkAboutContracts & Agreements_154-2007Contract Award - Orange Street Watei Service Connection Project - Bids were
opened and publicly declared on August 9, 2007, by the City Clerk for the
Orange Street Watei Service Connection Project, a bid opening report is on file
in the Office of the City Cleik On motion of Councilmember Gilbreath,
seconded by Councilmembei Gil, the City Council unanimously determined
that the Orange Street Water Service Connection Project is statutorily exempt
from the California Environmental Quality Act in accordance with CEQA
Guidelines Section 15282(k) On motion of Councilmembei Gilbreath,
seconded by Councilmembei Gil, the City Council unanimously awarded the
contiact foi the Orange Street Water Service Connection Project, Project
No 1-0837, to MCC Equipment Rentals, Inc of Yucaipa, California, based on
the total bid amount of $157,400 00 and authorized the Mayoi to execute, and
the City Clerk to attest to, the document on behalf of the City On motion of
Councilmembei Gilbreath, seconded by Councilmember Gil, the City Council
unanimously authorized staff to approve contingent costs up to 10 percent ovei
the initial bid amount
Agreement - Stet icycle - On motion of Councilmember Gilbreath, seconded
by Councilmember Gil, the City Council unanimously approved a service
agreement with Stet icycle to provide collection services for medical waste
consisting of sharps containers ft om Fire Department stations and
authorized the Mayor to execute, and the City Clerk to attest to, the
document on behalf of the City
Contract Award - Orange Street Well Watei Main Replacement Project - Bids
were opened and publicly declared on August 23, 2007, by the City Cleik foi the
Orange Street Well Watei Main Replacement Project, a bid opening report is on
file in the Office of the City Cleik On motion of Councilmember Gilbreath,
seconded by Councilmember Gil, the City Council unanimously determined that
the Orange Street Well Watei Main Replacement Project is categorically exempt
from the California Environmental Quality Act in accordance with CEQA
Guidelines Section 15302(c) On motion of Councilmember Gilbreath,
seconded by Councilmembei Gil, the City Council unanimously awarded the
contract for the Orange Street Well Watei Main Replacement Project, Project
No 4-0826, to WEKA, Inc based on the total bid amount of 5695,311 00,
authorized the Mayoi to execute, and the City Clerk to attest to, the document
on behalf of the City and authomized staff to approve contingent costs up to
20 percent over the bid amount
Purchase and Sale Agreement - Oakmont Industrial Group II - On motion of
Councilmember Gilbmeath, seconded by Councilmembei Gil, the City Council
unanimously approved a purchase and sale agreement and escrow instructions
foi real property (approximately 6 65 acres of land (i e , the Marshburmn property)
south of and contiguous to the Wastewater Reclamation Facility) and allocated
the net revenue in conformation with the Allocation Plan for Net Revenue from
Septenbei 4, 2007
Page 5
1
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40 • 4110 St.eiicyc le.`
STERI.SAF&f SERVICE AGREEMENT
** IMMEDIATE ACTION REQUIRED *k`
1) Read the attached Terms and Conditions along with the
Waste Acceptance Policy.
2) Select program by completing the shaded yellow areas
3) Please Fax Agreement to Stericycle (800) 547 4360
Customer Redlands Fire Station 1
Address 525 E Citrus Ave
City/State/ZIp Redlands, CA 92374-2244
E -Mail
Approved by PBest
Sales Person
SCOPE OF SERVICES
Customer # 0034201
Site ID# 001
Phone # (909) 798 7608
Fax # (000)-
** Please Update Above Information **
PRODUCTS AND BENEFITS
SELECT
PREFERRED
Medical Waste Pickup and Disposal
•
•
Complete Documentation
(Manifests and Tracking Documents)
•
•
Flat Monthly Fee
Determined by Frequency and Program Level
•
•
Custom Scheduled Service Frequencies
(2, 3, 4, 6, 13, 26, or 52 Stops/Year, or Daily Stops)
•
•
Updated OSHA Compliance Manual Including forms
•
•
Interactive Multimedia Bloodborne Pathogens Training on
CD-ROM
•
•
Quarterly Audio Safety Meetings
On Critical and Timely Safety Topics
•
a
Hazard Communication Poster
and Secondary Labels
e
•
Product Discounts
(Sharps containers, safety products, etc )
*
•
MSDS System on CD ROM
Updated Annually
•
•
Mock OSHA Inspection
Includes Written Recommendations
•
On Site Annual OSHA Training with a qualified instructor
(May qualify for CE Units)
•
GUARANTEE - If by following our program you are found
not to be in compliance with OSHA, Stericycle will pay your
fine!
•
* $ PER MONTH (PEFASE CIRCLE ONE)
($---3-75 62/month
$ 499 62/month
Please select ONE program an
ent option
PAYMENT SCHEDULE (PLEASE CHECK ONE) [ ] MONTHLY* [ ]QUARTERLY** [ ] ANNUALLY**
* Monthly payment available for pick up frequency greater than twelve per year
** Discount may be available for Quarterly or Annual payment.
Stops per Year 13
Charge per Additional Stop. $ 330.00
Estimated Containers per Year 41
Any additional services or products elected by Customer shall be billed separately according to current Stericycle pricing.
13y signing below I acknowledge that I am Customer's authorized officer or agent and that I have the authority
to bind Customer to this Agreement- Customer agrees to be bound by the terms and conditions that appear on
the second page hereof and coply with Stericycle's Waste Acceptance Policy, both of which are integral parts
CUSTOMER
Promo:
of this Agreement (Appendix A)
Title Mayor
on Harry on
22 33 Waukegan toad, to 200. Bannockburn, IL • 60015 • Phone (866) 783-7422 • Fax (866) 477-2537
Attest(�,
S -f i" 1 the Offer Will Expire On 6/01/2007
Date 9-4-07
020106-5
Inttra1agr
STERI.SAFEWTERMS AND CONDITIONS A • 1 lir/Site #
1 Regulated Medical Waste Services (a) Upon the terms aid conditions contained herein, Stericycle Inc shall collect transport, treat and dispose of all Regulated Medical Waste (exceptNon
conforming Waste) generated by Customer during the tens of this Agreement Stericycle employees may refuse containers that re determined to be Non-cc:trio= ing Waste (b) Title to Regulated Medical
Waste collected from Customer shall trawler wad vest m Stenrycle wine twee d i loaded into Stencycle s vehicle Customer shall have title to Regulated Medical Waste a all pnor tunes Customer shall
hold title to my Non-Conforming Waste at all times whether refused for collection or returned to the customer for proper disposal after collection (c) All Regulated Medical Waste must be accompanied
by a property completed shippwg document pursuant to 49 CFR 172.202 (Manifeet) (d) For purposes of this agreement 'Regulated Medical Waste' means (1) waste or reusable material knokvn; to contain
or suspected of contammg an infections substaice m Rik Group 2 or 3 and generated in the diagnose treatment a immunization of halal bemgs or animals research on the diagnons treatment or
immunization of human beings or animalr or the production or testing of biological products per the definition ofregulated medical waste (49 CFR 173 134) (ii) As de£med in 29 CFR 1910 1030 and all
other applicable laws rules regulations wad guideliner ad (ui) trace chemotherapy discarded trans which may have been contan mated provided that such items mcludwg vials and synnges small be
"empty' as defined in applicable laws regulations andguidelitee (e) For the purposes of this agreement Non-Caofotmtng Waste means (1) any waste a other material nix falling withm the definition of
Re/plated Medical Waste, and includes fetal rmhams and human torsos, (ti) radioactive wastes, (iii) hazardous wastes chemotherapeutic hazardous waste and substances as defined in any applicable laws
regulations and guidelines (iv) pharmaceutical waste (except at allowed under Stencycle's waste acceptance policy) (v) any device solution or waste containing mercury mcluding dental wastes
(amalgam and products, chairside traps, amalgam sludge a vacuum pumps), (vi) improperly segregated labeled or packaged waste including sharps not in designated sharp containers (vii) containers that
are leaking, damaged or likely to create risk of exposure to employees or the general public and (viii) any other material which Stenrycle may not collect traspcet treat or dispose m accordance with
applicable laws regulation or guidelines Customer shall be liable for alt injuries losses and damages that result from my Non-conforming Waste the to packaging or contents being collected,
traesponed, treated or disposed by Stenrycle For further clarificanon see Stenrycle s current Waste Acceptance Policy, which is attached hereto aid incorporated herein by reference A copy of
Stencycle s Waste Acceptance Pohty maybe obtamedfrom your local Stenrycle representative
2 Term and Pricing Subject to the provisions below the term ('Tenn') of this Agreement shall be (36) months from the Effective Date (a) Tins Agreement shall automatically renew for successive
tenni equal to the original Term (each an 'Extension Tenn") unless either party has notified the other party in writing during the sixty (60) day period prior to any such renewal date of its desire to
terminate this Agreement All Extension Terms shall be subject to the terms and condition hereunder (b) Stericycle reserves the right to adjust the contract price to account for operational themes r
implements to comply with documented changes in law, to over maeasei in the cost of fuel esu ace or residue disposal arta otherwise address cost escalation Stericycle may charge Customer a fee to
cover Its admumstrative costs in the event that Customer changes its service requrremets or program level dung the Tenn or Extension Term Stencycle may change the pnce of ay of rs goods or
services not covered by this Agreement at any time without notice to Customer (c) In the event Customer terminates this Agreement prior to expiration of the term hereof (or any "Extension Tenn") or
fails to perform any of us obligations under this Agreement Stenrycle shall have without limitation all nghts and remedies provided at law or in equity as well as the right to recover from Customer an
amount (which the parties hereby adaiowledge constitutes Stenrycle s liquidated damages and not a penalty) egial to fifty percent of the Customer's average monthly charge multiplied by the number of
months (including any partial months) remaining until the expiration date of the then current term hreof (d) Stencycle shall have the ngbt to terminate this Agreement at any time by giving Custom.- at
least sixty (60) days notice int the event that it is unable to continue performing its obligations under this Agreement due to the suspension, revocation, cancellation or termination of any permit required to
perform this Agreement or in the event that a change m any law or regulation makes it impractical orunecnnomical, m St. icycle s sole discretion to continue performing this Agreement
3 Billing Stericycle shall provide Customer with monthly quarterly or annual invoices that are cine upon receipt Customer agrees to pay a late charge on any animists owed to Stericycle that we more than
30 days old a a rate equal to the lesser of 1 WI per month or the maxim= rate permitted by law Customer shall bear any costs that Stericycle may incur in collecting overdue amounts from Customer
including but not limited to reasonable attorneys fees and court costs. Should aty amotmts due purulent to this Ageement remain unpaid for more than 30 days from the date of the debt sfirm invoice
Stericycle snail have the option without notice to Customer to suspend service under this Agreement until the overdue amounts (plus late charges and collection fees) are paid In the event that Stenrycle
suspends services under this Agreement for any reason mcludmg the expiration or termination of this Agreement or Customer s breach (see 2(c) above) Stericytle may remove all comtaiaers belonging to
it from Customer s premises Any non compliant containers will be billed an additional container charge at the current container rate Non-complient containers mctude ccetamers that are overweight under
applicable laws a regulatmons or w excess of 60 pounds a containers boldmg Non-Conforming Waste (including hazardous or radioactive waste or improperly packaged or labeled medical waste )
4 Sartharge Stenrycle may also impose a surcharge in the event dna Stenrycle attempts to pick up waste ata Customer Icemen (on either a scieduledpick-up or m response to a Customer request) and
through no fault of Stenrycle either (a) there is no Regulated Medical Waste for Stenrycle to pick up, (b) waste is not ready for pick-up or (c) the Customer location is closed. Excess waste volumes
significantly greater than average volume for simile' generators shall be subject to a surcharge at the current surcharge contamrrate ($35.00) at Stencytle3 discretion Stenrycle will impose this
surcharge to deter abuses Including but not limited to. solid waste disposed in the medical waste stream or Customer ccesalidatian of the waste of several generators under one site
ti Ldebility far Equipment Customer shall have the care custody and control of containers and other equipment owned by Stencycle and placed at Customer s pr.nnses ad accepts responsibility and
liability forthe equipment and its contents except when it is being physically handled by employees ofStericycle Customer agrees to defend. indemnify andhold handless Stenrycle from and against aiy
and all dorms for loss or damage to property or personal injury or death resulting from or arising m nay manner out of Customer s use operation or possession of my containers and other equipment
furnished under this Agreement Any damage or loss to such containers and equipment, other than normal we and tear will be charged to Customer at full replacement value
6 Indemmficabon (a) Stenrycle shall indemnify and hold Custom.- harmless from any liabilities ansmg from the gross neghgence or wsilftil misconduct of Stenrycle m the performance of its obligations
underthis Agreement Customer shall indemnify and hold hammiest Stenrycle from any liabilities arising from the gross negligence or willful misconduct at-Customer which shall include but net be
limited to, failure to properly store package, label, or segregate Regulated Medical Waste and army liabilities relating to Non-Conforming Waste whether or not collected, transported or treated by
Stericycle Each party gees to pay the reasonable attorneys' fees and costs incurred by the other in bringing a successful mdemmfication claim under this Paragraph Customer agrees to pay Stencycle s
reasonable attorney s fees incurred for any successful defense by Stericycle of a suit for indemnification brought amain. Stenrycle by Customer (b) Stenrycle will mdemmfy andhold harmless nay
Custom.- who subscnbes to a Preferred Program from any fine or portion thereof resulting from an OSHA citation explicitly describing ablood-borne pathogen or medical waste management practice
specifically addressed by the Preferred Program training andmmerials Provided, however that Stenrycle s obligation to indemnify Customer under this sub-Paragraph (b) is contingent upon (1) Customer
havmg followed or following each recommendation and instruction mcluded in the Prfened Program (whether expressed verbally by employees or agents of Stenrycle or as set forth in any written or
electronic materials) and (2) Customer notifying Stenrycle as soon as possible after it learns that it will be the subject of an OSHA inspection, and shall allow employees or agents of Stenrycle to attend the
inspection and to defend the Customer's blood-borne pathogen and medical waste maagement practices during the inspection Customer s faibire to perform any of its obligations under this sub Paragraph
(b) to Stenrycle s satisfaction shall absolve Stenrycle of sts mde nnrfiicatson responsibilities under the sub-Paragraph (b) This sub-Paagralah (b) applies only to the Preferred Level Program
7 Compliance Materials To the extent that Stenrycle provides Customer with any electronic or printed materials (the 'Compliance isiaterials") it provides these materials subject to a limited license to
Customer to use the Compliance Materials for Customer's own non-canmernal use Stenrycle may revoke this license at its discretion at nay time Custamermay not copy or distribute the Compliance
Materials in any manner Customer agrees to return all Compliance Materials to Stericycle at Customer s expense at the expiration or termination of this Agreement Stericycle may charge Customer a fee
for failure to return Compliance Materials at the expiration of the Term or a restocking fee for return of matenals prior to the expiration of the Term
S Compliance with Laws Stenrycle hereby agrees to cart' General Liability Auternobile Liability and Wottmien s Compensation Insurance as required by applicable state law and to otherwise comply
with all federal and state laws rules ad regulations applicable to its performance hereunder As of the date of this Agreement, Stenrycle has all necessary permits licenses zoning and other federal, state
or local aithonzations requuredto perforate the services under this Agreement and well furnish copies of these to Customer upon request Customer hereby agrees to comply with all federal and state laws
rules and regulations applicable to its handling afRegulated Medical Waste and its performance under this Agreement including without limitation all applicable record keeping. documentation and
maifesting requirements Stricycle ad Customer shall keep and retain adequate books ad records and other doom entation unchhding prsonnel records correspondence instructions plans receipts,
vouchers copies ofmanifests and tracking records consistent with and for the periods rewired by applicable regulation aid guidelines pertaining to storage or handling of Regulated Medical Waste and
the services to be performed twder this Agremnent
9 Exdunvit7 Customer agrees to use no other Regulated Medical Waste disposal service or method dung the Term of this Agreement and any Emmen. Trms
10 Excuse of Performance Stenrycle shall net be responsible if its performance of this Agreement is interrupted or delayedby contingencies beyond its control, including without limitation. acts of God,
war, blockades rices explosion, strikes lockouts or other labor or uniustnal dinrbaces fires accidents to equipment, injunctions or compliance with laws regulations, guidelines or orders of any
governmental body or instrumentality thereof (whether now existing or hereafter created)
11 Independent Contractor Stenrycle s relationship with Customer pursuat hreto is that of an independent contractor aid nothing in this Agreement shall be censnued to designate Stenrycle as an
employee agent or partner of or a joint venture with Customer
12.Amendment and Waiver Changes in the types, size and amount of equipment or the frequency of service may be mutually agreed to orally or in writing by the parties without affecting the validity of
this Agreement Consent to nal changes shall be evndmcedby the practices and actions of the parties All other anenthnenis to the Agreement (other this as provided in 2(b)) shall be effected only by a
written instrument executed by the parties No waiver shall be effective unless submitted in writing by the party gratwg such waivr No waiver of my provision tf this Agreement shall be deemed a
waiver of any other provision of this Agreement aid no waiver of any breach or duty under this Agreement mall be deemed awaver of any other breach or later instances of the same duty
13.Sevmgs Clause In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in my respect such invalidity illegality or
unenforceability shall not effect any other provisims of this Agreement this Agreement shall be construed as if such invalid illegal or unenforceable provision had never been containedherein, unless such
finding shall impair the rights or increase the obligations of Stericycle hereunder in which event at Stenrycle s option. this Ageenaent may be terminated
14 Entire Agreeaet This Agreement (including any attachments exhibits ad aieniients made in accordance with Paragraph 12) constitutes the entire understanding and agreement of the parties and
cancels and supersedes all prior negotiations representations understandings or agreements whether written or nal with respect to the subject matter et-this Agreement This Agreement shall be bmdmg
upon and shall inure to the benefit of the successors assigns legal representatives and heirs of the parties hereto provided however that Customer may not assign its tights or delegate its obligations under
this Agreement without the pnor waitron consent of Stericycle which consent of Stencycle may not unreasonably withhold.
15.Giverning L aw This Agreement shall be govemed by and construed in accordance with the laws of the Stare of Illinois without regard to the conflicts oflaws or rules of any junsdiction
16 Notices All required notices or those which the parties may desire to give under this Agreement shall be in writing and sent to the parties addresses set forth above
17 Origmeis A copy or facsimile of tins Agreement shall be as effective as an original.
Promo This Offer Will Expire On 6/01/2007 020106-5
, Experts in Infection Control and
• •
••*• tericyc1e" Healthcare Compliance .Services
Waste Acceptance Policy
INTRODUCTION
Stencycle policy requires compliance with all applicable regulations regarding the collection, transportation and
treatment of regulated medical waste Federal Department of Transportation (DOT) Regulations require the generator
of regulated medical waste to certify that the packaging and documentation of transported regulated medical waste
complies with DOT regulations regarding waste classification, packaging, labeling and shipping documentation To
ensure that neither Stericycle nor the generator of regulated medical waste violates applicable regulations it is
imperative that all parties understand the rules regarding proper identification, classification, segregation and packaging
of regulated medical waste The purpose of this policy is to summarize the minimum requirements for preparing your
medical waste for collection, transportation and treatment Additional facility or state -specific waste acceptance
policies may apply based on permit specifications Please contact your local representative for further information
You may also call (866) 783-7422
REGULATED MEDICAL WASTE
Stencycle accepts medical waste generated in a broad range of medical, diagnostic, therapeutic and research activities
The term "medical waste" includes biohazardous, biomedical, infectious or regulated medical waste as defined under
federal, state or local laws, rules, regulations and guidelines Except as defined by specific state regulations, this
excludes RCRA pharmaceuticals, bulk chemotherapy, waste containing mercury or other heavy metals, batteries of any
type, non-infectious dental waste chemicals such as solvents reagents corrosives or ignitable materials classified as
hazardous waste under Federal and State EPA Regulations In addition, Stericycle cannot accept bulk liquids,
radioactive matenals, fetal remains or human torsos Stencycle cannot accept these excluded materials packaged as
regulated medical waste Separate protocol and packaging requirements apply for the disposal of non -hazardous
pharmaceuticals Hazardous waste transportation services may be offered in certain geographical locations, under
separate contract Please contact your local representative for details and packaging specifications
WASTE SEGREGATION AND PACKAGING
The generator is solely responsible for properly segregating, packaging and labeling of regulated medical waste
Proper segregation and packaging reduces the potential for accidental release of the contents and exposure to
employees and the general public DOT regulations require (49 CFR 173 197) that all packages of regulated medical
waste be prepared for transport m containers meeting the following requirements 1) rigid, 2) leak resistant, 3)
impervious to moisture, 4) of sufficient strength to prevent tearing or bursting under normal conditions of use and
handling, 5) sealed to prevent leakage during transport and 6) puncture resistant for sharps All regulated medical
waste must be accompanied by a properly completed shipping document (See 49 CFR 172 202)
MANAGEMENT OF NON -CONFORMING WASTE
As required by regulation and company policy, Stericycle employees may refuse containers that are non -conforming
because of their contents or are improperly packaged, leaking, damaged or likely to create a risk of exposure to
employees or the general public Any non -conforming waste identified in route to or at a Stericycle location may be
returned to the generator for proper packaging or disposal Proper segregation and packaging is essential to ensure
compliant and safe handling, collection, transportation and treatment of regulated medical waste
Promo This Offer Will Expire On 6/01/2007 020106-5
STERICYCLE WASTE ACCEPTANCE POLICY CHECKLIST
Sharps
Needles and syringes, scalpel blades, glass pipettes, slides, etc
Regulated Medical Waste
A waste or reusable material known to contain or suspected of containing an infectious substance in Risk Group
2 or 3 and generated in the diagnosis, treatment, or immunization of human beings or animals, research on the
diagnosis, treatment or immunization of human beings or animals, or the production or testing of biological
products
Accepted Waste Wind Must Be Identified And Segregated For Incmeration
Trace- Chemotherapy Contammated Waste
RCRA Empty drug vials, syringes and needles, spill kits, IV tubing and bags contaminated gloves and gowns
and related materials as defined in applicable laws, rules, regulations or guidelines
'J Pathological Waste
Human or animal body parts, organs, tissues and surgical specimen (decanted of formaldehyde, formalin or
other preservatives)
Non-RCRA Pharmaceuticals
Must be characterized and certified as non-RCRA hazardous material by the generator Consult Stericycle
Representative for specific requirements
Waste NOT Accepted By Stericycle
RCRA Hazardous Pharmaceutical Waste
• Chemicals
Formaldehyde, formalin, acids, alcohol, waste oil, solvents, reagents, fixer developer
Hazardous Waste
Drums or other containers with a hazard warning symbol, batteries and other heavy metals
• Radioactive Waste
Any container with a radioactivity level that exceeds regulatory or permitted limits lead -containing
materials
O Complete Human Remains
Cadavers, complete torsos and fetal remains
Bulk Chemotherapy Waste
O Compressed Gas Cylinders, Canisters, Inhalers and Aerosol Cans
O Any Mercury ContainingMaterialorDevices-
Any mercury thermometers, Sphygmomanometers or lab or medical devices
Mercury -Containing Dental Waste
Non -contact and contact amalgam and products chairside traps, amalgam sludge or vacuum pump filters,
extracted teeth with mercury fillings and empty amalgam capsules
Additional waste acceptance policies may apply based on state or permit specific requirements Hazardous waste
transportation services may be offered in certain geographical locations under separate contract Please refer to your
local Stericycle Representative for additional information For additional information on container and labeling
requirements contact our Stericycle Customer Service Department at (866) 783-7422
Promo
This Offer Will Expire On 6/01/2007 020106-S