HomeMy WebLinkAbout154-07_CCv0001.pdf * ** IMMEDIATE ACTION REQUIRED **
� st e r i CyC l e" 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.
STERI,oSAF&, SERVICEAGREEMENT
Customer Redlands Fire Station 1 Customer# 0034201
Address 525 E Citrus Ave Site IDW 001
City/State/Z1p Redlands, CA 92374-2244 Phone * (909) 798-7608
E-Mail Fax* (000)-
Approved by PBest
Sales,Person ** Please Update Above Information**
SCOPE OF SERVICES
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
Hazard Communication Poster • •
and Secondary Labels
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 qualifyfor 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 (PLEASE CI tCLE ONE): 375.62/month $ 499.62/month
Please select ONE program an E nt option.
PAYMENT SCHEDULE (PI.FASE CHECK a+ TH
lE): [ ] MONLY* [ ARTERLY** [ ]ANMALLY**
* 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.
By 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 with Sterlcycle's Waste Acceptance Policy,both of which are integral parts
of this Agreement- (Appendix A)_
CUSTOMER: X Title Mayor Date 9-4-07
on Barri an
33 Waukegan toad, to 200• Bannockburn,IL •60015 • Phone(866) 783-7422 • Fax (866)477-2537
Attest'Promo: C' y ClerV I his Offer Will Expire On: 6/01/2007 020106-S
Initial
L
STM.SAFOMTERMS AND CONDITIONS A Unite 4
1.Regulated Medical Waste Services (a)Upon the terms and conditions contained herein.Stericycle.Inc.shall collect,transport,treat and dispose of all Regulated Medical Waste(except Non-
conforming Waste)generated by Customer during the win of this Apeerst stir.Stericycle employees may refine containers that are determined to be Non-conforming Waste.(b)Title to Regulated Medical
Waste collected from Customer shall transfer and vest in Stericycle at the time it is loaded into Stericycle's vehicle.Customer shall have title to Regulated Medical Waste at all prior times.Customer shall
hold title to any Non-Conforming Wage at all times,whether refused for collection or returned to the customer for proper disposal alter collection,(c)All Regulated Medical Waste must be accompanied
by a properly completed shipping document pursuant to 49 CFR 172.20.1(Manifest),(d)For purposes of this agreement,"Regulated Medical Waste"means:(i)waste or reusable material known to contain
or suspected of containing an infectious mbstance 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 per the definitim of regulated medical waste(49 CFR.173.134);(h)As defined in 29 CFR.1910.1030 and all
other applicable lam,rules,regulations and guidelines;and(iii)trace chemotherapy discarded items Mich may have been contaminated provided that such items,including vials and syringes,shall be
-empty"as defined in applicable laws,regulations and guidelines.(e)For the purposes of this agreement."Non-Conforming Wane"mems:(i)any wage or other material net failing within the definition of
Regulated Medical Waste.and includes fetal remains and human torsos;(it)radioactive wastes-.(iii)hazardous wages,chemotherapeutic hasardous wane and substances as defined in any applicable IrAs.
regulations and guidelines,(iv)pharmaceutical waste(except as allowed under Stericycle's waste acceptance policy); (v)amy device,solution or wane comadaft mercury including dental wastes
(amalgam and products,chairside traps.amalgam sludge or vacuum pumps):(vi)improperly segregated,labeled or packaged wage,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 Stericycle may not collect,transport.treat or dispose in accordance with
applicable laws.regulations or guidelines.Customer shall be liable for all injuries.losses and damages that result firom,any Non-conforming Wane.due to packaging or contents.being collected
trimsported,treated or disposiodby Stericycle.For farther clarification Ste Stericycle's current Waste Acceptance Policy,which is attached hereto and incorporated herein by refinance. A copy of
Stericycle's Waste Acceptance Policy may be obtained from your local Stericycle representative.
2.Term and Pricing Subject to the provisions below,the term('Term")of this Agreement shall be(36)m mths from the Effective Date.(a)This Agreement shall automatically renew for successive
terms equal to the ortilinal Term(each anMaension Terms-)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 conditions hereunder,(b)Stericycle maws the right to adjust the contract price to account for operational changes it
implements to comply with documented changes in law,to cover increases in the cost of fuel,assurance,or residue disposal,or to otherwise address cost escalation.Stericycle may charge Customer a fee to
cover its administrative costs in the event that Customer changes its service requirements or program level during the Term or Extension Term.Stericycle may change the price of any of to goods or
services not covered by this Agreement at any time without notice to Customer. (c)Th the event Customer terminates this Agreement prior to expiration of the term hereof(or any'TXterision Term")or
fails to perform any of its obligations under this Agreement,Stericycle shall have,without limitation.all rights and remedies provided at law or in equity,as well as the right to recover from,Customer an
amount(Mich the ponies hereby ad mowledge constitutes Stericycle's liquidated damages and not a penalty)equal 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 hereof (it)Stericycle shall have the right to terminate this Agreement at anytime by giving Customer at
tear sixty(60)days notice in the event that it is unable to continue performing its obligations under this Agreement(hew the suspension.revocation,cancellation or termination of any permit required to
perform this Agreement"in the event that a change in any law"regulation makes it impractical"uneconomical,in Stericycle's sole discretion,to continue performing this Agreement.
S.Billing Stericycle shall provide Customer with monthly,quarterly or annual invoices that are due upon receipt.Customer agrees to pay a late charge mossy amounts owed to Stericycle that we more than
30 days old at a rate equal to de lesser of 1%%per mouth or the maximum rate permitted bylaw,Customer shall bear any costs that Stericycle may incur in collecting overdue amount-from Customer,
including,but not limited to,reasonable attorneys'fees and cowl costs.Should any amounts due pursuant to this Agreement remain unpaid for more than 30 days from the date ofthe debt's first invoice,
Stericycle shall 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 went that Stericycle
suspends services under this Agreement for any reason,including the expiration"termination of this Agreement or Customer's breach(see 2(c),above),Steficycle,may remove all containers belonging to
it from Customer's premises,Any non-compliant containers will be billed an additional container charge at the current container rate.Non-compliant containers include customers that are overweight under
applicable laws or regulations or in excess of 60 pounds or containers holding Non-Conforming Waste,(including hazardous or radioactive waste or improperly packaged or labeled medical waste.)
4.Storcharge Stericycle may also impose a surcharge in the event this Stericycle attempts to pick up waste at a Customer location(on either a scheduled pick-up or in response to a Customer request)and
through no fault of Stericycle,either(a)there is no FegulatedMedical Waste for Stericycle 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 similar generators shall be subject to a surcharge at the current surcharge container rate($35.00)at Stericycle's discretion.Stericycle will impose this
surcharge to deter abuses,including but not limited to,solid vane disposed in the medical waste stream,or Customer consolidation of the waste of several generators under me site.
5.Liability for Equipment Customer shall have the care,custody and control of containers and other equipment owned by Stericycle and placed at Customer's premises and accepts responsibility and
liability for the equipment and its contents except when it is being physically handled by employees of Stericycle.Customer agrees to defend,indemnify and hold harmless Stericycle from and against any
and all claims for loss"damage to property.orpersonal injury or death.resulting from"arising in any manner out of Customer's use,operation or possession of any containers and other equipment
furnished under this Agreement.Any damage or loss to such containers and equipment,other than normal wear and tear,will be charged to Customer at full replacement value,
6.Indemnification(a)Stericycle shall indemnify and hold Customer ham less from any liabilities arising from the gross negligence or willful misconduct of Stericycle in the performance of its obligatims
underthis Agreement.Customer shall indemnify and hold harmless Stericycle from any liabilities arising from the gross negligence or willful misconduct of Customer,Mich shall include,but not be
limited to,failure to properly store,package,label,or segregate Regulated Medical Waste and any liabilities relating to Non-Conforming Waste,whether or not collected,transported"treated by
Stericycle. Each Perry agrees to pay the reasonable attorneys`fees and costs incurred by the other in bringing a successful indemnification claim under this Paragraph.Customer agrees to pay Stericycle's
reasonable attorney's fees incurred for any successful defense by Stericycle of a suit for indemnification brought against Stericycle by Customer.(b)Stericycle will indemnify andhold harmless any
Customer who subscribes to a Preferred Program from any fine or portion thereof resulting from an OSHA citation explicitly describing a blood-berme pathogen or medical waste management practice
specifically addressed by the Preferred Program training and materials.Provided,however,that Stericycle's obligation to indemnify Customer under this sub-Paragraph(b)is contingent upon(1)Customer
having followed or following each recommendation and instruction included in the Preferred Program(whether expressed verbally by employees or agents of Stericycle or as set forth in any written or
electronic materials)and(2)Customer notifying Stericycle as soon as possible after it learns that it will be the subject of an OSHA inspection,and shall allow employees or agents ofStericycle to attend the
inspection and to defend the Customer's blood-home pathogen and medical waste management practices during the inspection.Customer's failure to perform any of its obligations under this sub-Paragraph
(b)to Stericycle*5 satisfaction shall absolve Stericycle of its indemnification responsibilities under this sub-Paragraph(b).This sub-Paragraph(b)applies only to the Preferred Level Program.
7.Compliance Materials To the extent that Stericycle provides Customer with any electronic or printed materials(the"Compliance Materials")it provides these materials subject to a limited license to
Customer to use the Compliance Materials for Customer's own,non-commercial use. Stericycle may revoke this license at its discretion at any time. Customer may 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 materials prior to the expiration of the Tam.
8.C ousphence,with Laws Stericycle hereby agrees to carry General Liability,Automobile Liability,and Workin an's Compensation Insurance as required by applicable state lam and to otherwise comply
with all federal and stare lam,rules and regulations applicable to its performance hereunder.As of the date of this Agreement.Stericycle has all necessary pewits,licenses,zoning and other federal,state
or local authorizations required to perform the services under this Agreement send will famish 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 of Regulated Medical Wage and its performance under this Agreement.including,without limitation.all applicable record keeping documentation and
in asilastiag requirements.Stericycle and Custom at shall keep and retain adequate books and records and other doctors entaim including personnel records,correspondence,instructions.plans,receipts,
vouchers.copies of in anthers and tracking records consistent with and for the periods required by applicable regulations and guidelines pertaining to gorillas,or handling ofRegulated Medical Waste and
the services to be performed under this Agreement
0.Exclusivity Customer agrees to use no other Regulated Medical Waste disposal service"method during the Term of this Agreem eat and any Extension Terms.
10.Excise of Perform suct Stericycle shall not be responsible if its performance of this Agreement it interrupted or delayed by contingencies beyond its carol,including,without limitation."of God
war,blockades,riots.explosion.strikes,lockouts or other labor or industrial disturbances.fim accidents to equipment injunctions or compliance with Im regulations,guidelines or orders of
governmental body or instrumentality thereof(%bether now existing or hereafter created).
IL lAdtpMdOt COIIIrKtff Stericycle's relationship with Customer pursuant hereto is that of an independent contrwor,and nothing in this Agreement shall be contained to designate Stericycle as as
employee.agent or Parana of or ajoint venture with Custom or.
12.Awandoneut mad Waiver Changes in the types,size and mount 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 oral changes diall be evidenced by the practices and actions of the parties.Ali other amendments to this Agreement(other that as provided in 2(b))shill be effected only by a
written instrument executed by the ponies.No waiver shall be effective unless submitted in writing by the party granting such waiver.No waiver of any provision of this Agreement shall be deemed a
waiver of any other provision of this Agreement and no waiver of any breach or duty under this Agrom eat shall be deemed a waiver of my other broad or later instances of the some duty.
B.Serbago Clause In case any one or more of the provisions contained in this Agreement shall,for any reasm,be held to be invalid,illegal or unenforceable in any respect,such invalidity,illegality or
unenforceability shall not effect my other provisions of this Agreement this Agreement shall be construed at if such invalid,illegal or unenforceable provision had never been contained herein,unless inch
finding shall impair the rights or increase the obligations of Stericycle hereunder,in which event.at Stericycle's claim this Agreement may be terminated
It Entire Agreement This Agreement(including any attachments,exhibits and amendments 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 oral,with respect to the subject matter of this Agreement.This Agreement--hall be binding
upon and shall imare to the benefit of the successors,assigns legal representatives and heirs of the parties hereto provided,however,that Customer may not assign its rights or delegate its obligations under
this Agreement without the prior written consent of Stericycle,Mich consent of Stericycle may not unreasonably%rithhold-
16,Governing L awThis Agreement shall be governed t.,and construed in accordance with the laws of the State of Illinois-without regard to the conflicts of laws or rules ofany jurisdiction.
I&Notices All required notice-,or those which the parties may desire to give under this Agreement shall be in uniting and sent to the parties'addresses set lbrth above.
VOtigmsdss A copy or facsimile of this Agreement shall be as effective as an original,
Promo: This Offer Will Expire On: 6/01/2007 020106-5
Initials
Experts in Infection Control and
Healthcare Compliance Services
Stericycle"
04 Waste Acceptance Policy
INTRODUCTION
Stericycle 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 inky apply based on permit specifications. Please contact your local representative for further information.
You may also call (866) 783-741.2,
REGULATED MEDICAL NVASTE
Stericycle 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 materials, fetal remains, or human torsos. Stericycle 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 in 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 171202).
INLANAGEMENT OF NON-00NF0R.XWG 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.
Prorno: This Offer Will Expire On: 6/01/2007 020106-5
Initial
STERICYCLE WASTE ACCEPTANCE POLICY CEIECKLIST
� 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.
Acm"waste Whkh Must Be Idendfiied And Se ted For hu*wratlon
Trace- Chemotherapy Contaminated 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
Pathological Waste
Human or animal body parts, organs, tissues and surgical specimen (decanted of formaldehyde, formalin or
other preservatives)
Nan-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
0 RCRA Hazardous Pharmaceutical Waste
0 Chemicals
Formaldehyde, formalin, acids, alcohol, waste oil, solvents, reagents, fixer developer
0 Hazardous Waste
Drums or other containers with a hazard warning symbol, batteries and other heavy metals
0 Radioactive Waste
Any container with a radioactivity level that exceeds regulatory or permitted limits; lead-containing
materials
® Complete Human Remains
Cadavers, complete torsos and fetal remains
40 Hulk Chemotherapy Waste
® Compressed Gas Cylinders, Canisters, Inhalers and Aerosol Cans
0 Any MercuryContainingMaterialorDevices:
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