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HomeMy WebLinkAbout1999-06-12 City Council (7)City of Palo Alto Manager’s Report TO: FROM: HONORABLE CITY COUNCIL CITY MANAGER 10 DEPARTMENT: PUBLIC WORKS DATE: SUBJECT: JUNE 21, 1999 CMR:279:99 APPROVAL TO EXTEND CONTRACT NO. C7085379 WITH SAFETY- KLEEN FOR ONE ADDITIONAL MONTHLY HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENT RECOMMENDATION Staff recommends that Council approve and authorize the Mayor to execute an extension to Contract C7085379 with Safety-Kleen for Household Hazardous Waste Management Program Services to provide one additional monthly Household Hazardous Waste Collection Event in July 1999. BACKGROUND On July 1, 1996, a contract was issued to Safety-Kleen for household hazardous waste management services, including: the monthly one-day collection events; hazardous waste packaging, transportation, and disposal services; and a hazardous waste collection program for Palo Alto Regional Water Quality Control Plant (RWQCP) service area businesses that qualify as Conditionally-Exempt Small Quantity Generators under state and federal hazardous waste regulations, which means they generate less than 220 pounds of hazardous waste per month. This ~vaste collection program for businesses is provided at no cost to the City or its RWQCP partners, because the contractor assesses participating businesses for the cost of the service. DISCUSSION The existing Household Hazardous Waste Management contract will expire June 30, 1999. Additional time is needed to complete the process required for approval of a new three-year contract. A review of the scope of work and establishment of insurance requirements is currently in process. Consequently, issuance of the Request for Proposal has been delayed, resulting in insufficient time to select a contractor and finalize a new three-year contract. Providing an additional household hazardous waste (HHW) collection event in July 1999 will insure sufficient time for a smooth transition to a new three-year contract. POLICY IMPLICATIONS This report does not represent any change to existing City policies. CMR:279:99 Page 1 of 2 RESOURCE IMPACT Funds for this project are available in the FY1998-99 Refuse Fund budget. ATTACHMENTS Attachment A: Contract PREPARED BY: Sean Kennedy, Manager, Environmental Control Programs DEPARTMENT HEAD: ~/~.~ GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: ,Y HARRISON Assistant City Manager CMR:279:99 Page 2 of 2 ATTACHMENT A BETWEEN THE CITY OF PALO ALTO ,AND GREENFIELD SERVICES CORPORATION FOR OPERATION OF A HOUSEHOLD HAZARDOUS’ WASTE COLLECTION PROGRAM AND A CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR ’~HAZARDOUS’WASTE COLLECTION PROGRAM ~J~-D~tW----THIS AGREEMENT is made and entered into this ~_~dayof 1996, by and between the CITY OF PALO ALTO, a municipal corporation of California, hereinafter referred to as "CITY," and GREENFIELD SERVICES CORPORATION (Taxpayer Identification Number 33-0455076), a California corporation, with offices at 750 Design Court, Suite 150, Chula Vista, CA 91911, hereinafter referred to as "CONTRACTOR"; W I TNE S SETH: WHEREAS, CITY desires to allow both a household hazardous waste collection program (hereinafter, the "HHW Program") and a conditionally exempt small quantity generator hazardous waste collection program (hereinafter, the "CESQG Program") to be operated to help limit the inappropriate disposal of hazardous wastes at CITY’s landfill and through CITY’s sanitary sewer and storm sewer systems, thereby helping CITY achieve itsregulatory mandates for limiting discharges to the landfill and such systems; and WHEREAS, CITY desires to engage CONTRACTOR to provide, implement, administer, operate and be responsible for the Programs by reason of CONTRACTOR’s. qualifications and experience for performing such services; and WHEREAS, CONTRACTOR has offered to provide the collection Programs on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: SECTION 1 -DEFINITIONS i.i CITY The term "CITY" as used in this Agreement shall mean and include all the territory lying within the municipal boundaries of the City of Palo Alto, California, as presently existing, plus al! territory which may be added thereto during the term of this Agreement by annexation or otherwise. 960603 syn 0070979 1 1.2. City Manaqer The term "City Manager" shall mean the duly appointed City Manager of the City of Palo Alto, California, or her designated representative. 1.3 City Clerk The term ,tCity C1erk".shall mean the duly appointed City Clerk of the City of Palo Alto, California, or her designated representative. 1.4 Risk Manaqer The term "Risk Manager" shall mean the duly appointed Risk Manager of the City of Palo Alto, California, or his designated representative. 1.5 Program The term "Programs" means both the HHW Program and the CESQG Program as described in Exhibit "A" entitled "Scope of Services," attached hereto and made a part hereof by this reference. SECTION 2 -PROGRAM COORDINATION 2.1 CITY The City Manager shall be representative of CITY for all purposes under this Agreement. CHAD CENTOLA is designated as the PROGRAM MANAGER for the City Manager, and he shall supervise the progress and execution of this Agreement, and shall be assisted by SEAN KENNEDY, the ASSISTANT PROGRAM MANAGER. 2.2- CONTRACTOR CONTRACTOR shall assign a single PROGRAM DIRECTOR to have overall responsibility for the progress and e~ecution of this Agreement for CONTRACTOR. TIA GOTTAS-HAMMAN hereby is designated as the PROGRAM DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROGRAM DIRECTOR for any reason, the PROGRAM DIRECTOR designee shall be subject to the prior approval of the PROGRAM MANAGER. SECTION 3 - DUTIES OF CONTRACTOR 3.1 Services to be Furnished CONTRACTOR shall perform the services set forth in Exhibit A, which includes providing, implementing, administering, operating and being solely responsible for the Programs as described in Exhibit A. 960603 syn 0070979 3.2 Laws to be Observed With respect to the laws to be observed in connection withthis Agreement, CONTRACTOR shall fully comply with all of the requirements set forth in Exhibit A. CONTRACTOR shall further: 3.2.1 Prepare and maintain~all necessary plans, licenses, or other mandatory documents required by regulatory agencies under federal,~ state ~and local’-laws, ordinances, or regulations for the implementation and~operation of the Programs which may be necessary and incident to the due and lawful prosecu- tion of the services to be performed and the Programs to be provided by CONTRACTOR under this Agreement; 3.2.2 Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders and decrees, including but not limited to California Health and Safety Code ("HSC") Section 25218.1 and its accompanying regulations, as amended, which may affect those engaged or employed under this Agreement or the Programs, any materials used in CONTRACTOR’s performance under this Agreement, or the performance of the services under this Agreement and under the Programs; 3.2.3 At all times observe and comply with, and cause all of its subcontractors and employees, if any, to observe and comply with, all of said laws, ordinances, regulations, orders and decrees mentioned above; and 3.2.4 Immediately report to the PROGRAM MANAGER in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to the Programs or any provisions of this Agreement. 3.3 Release of Reports and Information Any. reports, information, data or other material given to, or prepared or assembled by, CONTRACTOR or its subcontractors, if any, under this Agreement for CITY shall be the property of CITY and shall not.be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager. 3.4 Copies of Reports and Information If CITY requests additional copies of any reports, drawings, specifications or any other material which CONTRACTOR is required to furnish to CITY in limited quantities as part of the services under this Agreement, CONTRACTOR shall provide such additional copies as are requested and CITY shall compensate CONTRACTOR for the costs of duplicating of such copies at CONTRACTOR’s cost. 960603 syn 0070979 3 3.5 Monthly Event Summary Reports CONTRACTOR shall provide CITY with one (I) copy of each HHW Program Event Summary Report required under Section B(2) (e)(5) of Exhibit A hereof, and one (i) copy of each CESQG Program Monthly Event Summary Report required under Section C(8) of Exhibit A. CONTP~ACTOR shall provide each required report to CITY within two (2) weeks after each Program collection event. 3.6 Qualifications of CONTRACTOR CONTRACTOR represents that it is qualified to furnish the services described under this Agreement. As evidence thereof, CONTRACTOR warrants that it is appropriately licensed by the State of California as may be required by law in order to perform its services¯ under Exhibit A hereof. SECTION 4 - COMPENSATION 4.1 Compensation for HHW Proqram For the full performance of CONTRACTOR’s services rendered hereunder in connection with the HHW Program, CITY shall pay CONTRACTOR a total sum not to exceed Four Hundred Twenty Thousand Dollars ($420,000) for the first year of the term of this Agreement. Such sum shall be payable to CONTRACTOR in accordance with the attached Fee Schedule, marked Exhibit "B" and incorporated herein by this reference. Progress payments shall be made on a monthly basis to CONTRACTOR, within thirty. (30) days of CONTRACTOR’s submission to CITY of itemized billings in triplicate in accordance with Exhibit B, for services rendered in connection with each HHW Program event. 4.2 Compensation for CESQG Program CITY has.no obligation to compensate CONTRACTOR for any of CONTRACTOR’s services rendered hereunder in connection with the CESQG Program. In lieu thereof, CONTRACTOR shall be entitled to charge a fee based upon the cost of operating the CESQG Program. CONTRACTOR shall collect such fees solely and directly from the participants in the CESQG Program (hereinafter, the "Participants"), in compliance with HSC Section 25218.1, as amended. The Participants shall be businesses located within the service area of the Palo Alto Regional Water Quality Control Plant ("PARWQCP")that meet the definition of a "conditionally exempt small quantity generator" under HSC Section 25218oi(a), as amended. The service area of the PARWQCP shall mean the entire jurisdictions of the cities of Palo Alto, East Palo Alto, Los Altos~and Mountain View, the town of Los Altos Hills and Stanford. Regardless of whether CONTRACTOR fully recovers its costs incurred in providing the CESQG Program from the Participants, CITY shall not be responsible or liable for any fee payment or compensation to CONTRACTOR in connection with the CESQG Program, nor any CESQG Program costs, except as may be provided expressly herein. 960603 syn 0070979 4 SECTION 5 DUTIES OF CITY below: CITY shall provide all specified services as set forth 5.1 CITY shall provide designated space at the PARWQCP (the "Site"), for CONTRACTOR’s operation of the Programs under this Agreement. CITY hereby grants CONTRACTOR a license to operate the Programs from the ~ite as.set forth in-~Exhibit.A hereof. 5.2 CITY shall provide traffic control equipment for the Program collection Events, which shall include traffic cones and signs. ¯5.3 With respect to the HHW Program, CITY shall further provide: 5.3.1) the HHW Program advertising, in CITY’s sole. discretion; 5.3.2) survey forms; 5.3.3) the literature for survey takers to distribute to Event participants; and 5.3.4) the debris boxes for disposal of nonhazardous wastes and for corrugated cardboard. 5.4 With respect to the CESQG Program, CITY shall further provide CESQG Program advertising, in CITY’s sole discretion, through local newspapers, directed mailings and utility bills. CONTRACTOR may also provide advertising for the CESQG Program. At CITY’s sole option, CITY may coordinate with CONTRACTOR to facilitate effective CESQG Program publicity. SECTION 6 - TERM This Agreement shall commence on July i, 1996, and shall continue in full force and effect until June 30, 1997, unless it is sooner terminated as provided herein. Notwithstanding the foregoing, the parties hereto agree that this Agreement may be annually renewed for up to an additional two (2) years either on the same terms and conditions or under modified terms and conditions as mutually agreed upon by CITY and CONTRACTOR. Such renewals shall be subject to the City Council’s continued annual appropriation of sufficient funding for the Agreement in each subsequent year. CITY and CONTRACTOR shall negotiate with each other concerning the potential annual renewal of this Agreement within ninety (90) days of .the expiration of the Agreement’s then current term. SECTION 7 TEMPORARY SUSPENSION The City Manager shall have the authority in her discretion, with or without cause, to immediately suspend this Agreement, wholly or in part, for such period as he or she deems necessary. 960603 syn 0070979 5 SECTION 8 TERMINATION OF AGREEMENT 8.1 CITY’S Riqht to Terminate Notwithstanding any other provision in this Agreement, the City Manager may terminate this Agreement in his or her discretion, with or without cause, by giving fifteen (15) ~days’ written notice thereof to CONTRACTOR. Upon receipt of such notice, CONTRACTOR shall ±mmediately ~iscontlnue its ~performance under this Agreement. 8.2 CONTRACTOR’s Riqht to Terminate CONTRACTOR may terminate this Agreement by giving thirty (30) days~ written notice thereof to CITY, but only in the event of substantial failure of performance by CITY under this Agreement. SECTION 9 ASSIGNMENT; SUBCONTRACTORS; EMPLOYEES 9.1 Assiqnment Both parties shall give their personal attention to the faithful performance of this Agreement and shall not assign, transfer, convey, or otherwise dispose of this Agreement or any right, title or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignments. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this Agreement and any license or privilege granted herein. This Agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. 9.2 Contractors It is agreed that this Agreement is for the personal services of CONTRACTOR and cannot be performed by any other person or organization. 9.3 Subcontractors~ Employees CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR hereunder. All subcontractors are deemed to be under the direct and sole supervision of CONTRACTOR,. and CONTRACTOR agrees to be solely responsible for their performance and full compensation. CONTRACTOR shall give its p~rsonal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of CONTRACTOR fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he shall 960603 syn 0070979 be discharged immediately from the work under this Agreement on reasonable demand of the PROGRAM MANAGER. SECTION I0 - NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office.of.the City Clerk 250 Hamilton Avenue Palo Alto, CA 94303 With a copy to:Public Works Department Attn: Deputy Director of Public Works 3201 East Bayshore Road Palo Alto, CA 94303 To CONTRACTOR: Attention of the PROGRAM DIRECTOR at the address of CONTRACTOR recited above SECTION II -INTEREST OF CONTRACTOR In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this Agreement, no subcontractor or person, having such an interest shall be employed. CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of CITY. It is expressly agreed that in the performance of the services and the Programs required under this Agreement CONTRACTOR, and any of its subcontractors or employees, shall at all times be considered independent contractors and not agents or employees of CITY. SECTION 12 INDEMNITY 12.1 CONTRACTOR’s Obligation to Indemnify CITY CONTRACTOR agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, agents and employees from any and all demands, claims, or liability of any nature,. including death or injury to any person, property damage or any other loss, caused by or arising out of CONTRACTOR’s, its officers’, agents’, subcontractors’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which the law imposes strict liability on CONTRACTOR in the performance or failure to perform this Agreement. CONTRACTOR’s obligations under this Section 12 include the obligation to protect, indemnify, hold harmless and defend CITY, its Council members’, officers, agents and employees from and against any and all claims, demands, liabilities, losses, damages, 960603 syn 0070979 costs, expenses, liens, penalties, suits, or judgments CITY may incur, arising in whole or in part or as a result of CONTRACTOR’s, its officers’ employees’, agents’ or subcontractors’ operation of the Programs as set forth under Exhibit A hereof. CONTRACTOR’s duty to protect, indemnify, defend and hold harmless CITY hereunder shall include such liability that may arise at any time under: the Comprehensive Environmental Response, Compensation and Liability Act (42 U.SoC., §§ 9601-75, as amended); the Resource Conservation and Recovery Act~(42 U.SoC., §8-~6901-82~as amended); the Hazardous Waste Control Act (Heal. & Saf. Code, 8§. 25100-25250°24, as amended); the Safe Drinking Water and Toxics Enforcement Act (Heal. & Saf. Code, §8 25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Heal. & Saf. Code, §§ 25280- 99.6, as amended); the Hazardous Substance Account Act (Healo & Saf. Code, §8 25300-95, as amended); the Toxic Substances Control Act (15 U.S.Co, §8 2601-2671, as amended); the Carpenter-Presley- Tanner Hazardous Substance Account Act (Heal. & Saf. Code, §§ 25300-25395, as amended); or any other local, state or federal ordinance, statute or regulation that may now exist or hereinafter be enacted, or at common law. 12.2 CITY’s Obliqation to Indemnify CONTRACTOR CITY agrees to protect, indemnify, defend and hold harmless CONTRACTOR, its officers, agents and employees from any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, caused by or arising out of CITY’s, its Council members, officers’, agents’, subcontractors’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which the law imposes strict liability on CITY in the performance or failure to ~perform its obligations under this Agreement. SECTION 13 WORKERS’ COMPENSATION CONTRACTOR, by executing this Agreement, certifies that lit is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions before commencing this Agreement. SECTION 14 INSURANCE 14.1 Insurance CoverageRequirements CONTRACTOR, at its sole cost and expense, shall obtain and maintain, in full force and effect throughout the entire term of this Agreement.and for~five (5) years thereafter, the following insurance coverage, insuring not only CONTRACTOR but also, with the exception of workers’ compensation insurance, CITY, its Council members, officers, agents and employees, and each of them, with respect to the Programs~ind all of the services performed by 960603 syn 0070979 8 CONTRACTOR for or on behalf of CITY under the provisions of this Agreement: CONTRACTOR’s REQUIRED INSURANCE COVERAGE MINIMUM LIMITS OF COVERAGE. Commercial General Liability, including broad form contractual, products and completed operations and personal injury, bodily injury and property damage. $i,000,000 per ~occurrence and. $2,000,000 in the aggregate Comprehensive Automobile Liability, including owned, leased, hired, borrowed and non-Qwned automobiles, with deletion of pollution exclusion. $i,000,000 per accident for bodily injury and property damage MCS-90 Endorsement, including environmental restoration coverage for accidents during transportation. Pollution Liability or Sudden and Accidental Pollution Liability. $i, 000,000 per occurrence and $2,000,000 in the aggregate o Employer’s Liability $i,000,000 per accident and $i,000,000 each employee bodily injury by’disease and $2,000,000 in the aggregate In addition, CONTRACTOR shall name its subcontractors, if any, as additional insured under its Pollution Liability insurance coverage. All insurance coverage required hereunder shall be provided through carriers with a Best rating of A:VII or higher that are admitted to do business in the State of California. Any and all subcontractors of CONTRACTOR under this Agreement shall obtain and maintain, in full force and effect throughout the term of this Agreement and for five (5) years thereafter, identical Commercial General Liability and Comprehensive Automobile Liability insurance coverage, with CITY named as additional insured under such policies as required under Section 14.2 hereof for the HHW Program and with CITY, the cities of East Palo Alto, Los Altos, and Mountain View, the Town of Los Altos Hills, and Stanford named as additional insureds under such policies as required under Section 14.2 hereof for the CESQG Program. 960603 syn 0070979 9 14.2 Certificates Evidencing Insurance Coverage Certificates evidencing the insurance coverage required hereunder shall be filed with CITY concurrently with the execution of this Agreement and shall be attached hereto as Exhibit "B" and incorporated herein by this reference. Said certificates shall be subject to the prior approval of the Risk Manager and shall contain endorsements stating that said insurance is primary coverage and will not be’cancelled~oro-altered by the insurer except after filing with the City Clerk thirty (30) days’ prior written notice of such cancellation or alteration. Said certificates shall evidence and name CITY as additional insured under the policies in connection with both Programs and shall also name the cities of East Palo Alto, Los Altos and Mountain View, the Town of Los Altos Hills and Stanford as additional insureds under the policies in connection with CESQG Program. Current certificates of such insurance shall be kept on file at all times during the term of this Agreement and for five (5) years thereafter With the City Clerk. 14.3 No Limit of Liability The procuring of such required policy or policies of insurance shall not-be construed to limit CONTRACTOR’s liability hereunder nor to fulfill the indemnification provision and requirements of this Agreement under Section 12 hereof. Notwithstanding said policy or policies of insurance, CONTRACTOR’ shall be obligated for the full and total amount of any damage, injury, or loss caused by the services performed under this Agreement, including after the Agreement has terminated or expired. SECTION 15 AUDITS CONTRACTOR agrees to permit representatives of CITY’s Auditor’s Office and Finance Department to audit, at any reasonable time upon reasonable notice during the term of this Agreement and’ for three (3) years thereafter, all documents and records of CONTRACTOR pertaining to the operational scope of this Agreement. Such documents and records shall include records and documents which the CONTRACTOR is required to file or maintain under any federal, state, or local law, relating to CONTRACTOR’s services performed under this Agreement, including the handling, transportation, storage, treatment, and disposal of hazardous waste hereunder. CONTRACTOR further agrees to maintain such records for at least three (3) years after this Agreement has terminated or expired. SECTION 16 - AGREEMENT BINDING The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns and subcontractors of both parties. 960603 syn 0070979 10 SECTION 17 -WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition,ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acdeptance by either party of-~ any ~fee or~ other money which maY become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance. SECTION 18 -COSTS AND ATTORNEYS’ FEES The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover ~its reasonable costs and attorneys’ fees expended in connection with Such an action~from the other party. SECTION 19 NO IMPLIED WAIVER No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20 NONDISCRIMINATION; PENALTY 20.1 Duty of CONTRACTOR No discrimination shall be made in the employment of .persons under this Agreement because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or sex of such person. If the value of this Agreement is, or may be, Five Thousand Dollars ($5,000) or more, CONTRACTOR agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing the "Compliance Report--Nondiscrimination Provisions of City of Palo Alto Contracts" on the form furnished by CITY, attached hereto as Exhibit "D" and made a part hereof by this~reference. CONTRACTOR agrees that each written agreement for services from its subcontractors shall contain a provision substantially as follows: "Subcontractor shall provide CONTRACTOR with a certificate stating that he (or she) is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; that he (or she) will pursue an affirmative course of action as required by the Affirmative Action Guidelines of the City of Palo Alto; and that he (or she) will not discriminate in the employment of any person under this contract because of age, rac~, color, national origin, ancestry, 960603 syn 0070979 1! sex or r_eligion, :disability or sexual preference of such person o " 20.2 Penalty for Discrimination If CONTRACTOR is found in violation of the nondiscrimina- tion provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of~.this Agreement, .it sh~ll thereby be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Twenty-Five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this subsection. If CONTRACTOR is found in violation of the nondiscrimination provisions of this Agreement or the applicable affirmative action guidelines pertaining to this Agreement, CONTRACTOR shall be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part; or to deduct from the amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($250) for each Calendar day during which CONTRACTOR is found to have been in such noncompliance as damages for said breach of contract, or both. SECTION 21 ,AMENDMENT AGREEMENT CONTAINS ALL UNDERSTANDINGS; This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral. This document may be amended only by written instrument, signed by both~ CITY and CONTRACTOR. SECTION 22 -GOVERNING LAW This Agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. C i/e rk CITY OF PALO ALTO Mayor 960603 syn 0070979 12 APPROVED AS TO FORM: Senior City Attorney Ass~/an~t~a~ r Deputy ~ty M~nager, Administrative Serv~ ~ Manager ("~ ~.~r ~w’~.~.~~.._~ GREENFIELD SERVICES CORPORATION Taxpayer Identification No. 33-0455076 °Director of Public ~Works Attachments: EXHIBIT "A" : EXHIBIT "B" : EXHIBIT "C" : EXHIBIT "D"’: scoPE OF SERVICES/DESCRIPTION OF PROGRAMS FEE SCHEDULE FOR HHW PROGRAM INSURANCE CERTIFICATES NONDISCRIMINATION COMPLIANCE REPORT 960603 syn 0070979 13 CERTIFICATE OF ACKNOWLEDGEMENT (Civil Code ~ i189) STATE OF COUNTY On "6-I0 -,1996, before me, ~IZI~j~ ZI~IOL6?~O~I~,/~c,c-~ a Notary Public in and for said County and State, per~onally appeared ~U~ -UA~ V0 , ~ or proved to me on the basis of satisfactory evidence to be the person(~0 .whose name~) is/~ subscribed to the within instrument and acknowledged to me that ~~t~ executed the same in ~~/t~ authorized capacity(~), and that by ~/~/t~ signature(~ on the instrument the person(~), or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Publ~ 960603 syn 0070979 14 EXHIBIT A SCOPE OF SERVICES EXHIBIT A -SCOPE OF SERVICES, CITY OF PALO ALTO HOUSEHOLD AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR HAZARDOUS WASTE MANAGEMENT PROGRAMS A. OVERVIEW Under this agreement, the Contractor shall operate monthly Household and Conditionally Exempt Small Quantity Generator Hazardous Waste Management Programs for the collection and management of hazardous wastes generated by households and conditionally exempt small quantity generators as defined herein. The City does not expressly or by implication agree that the actual amount of work shall correspond therewith, but reserves the right to increase, decrease or modify the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the Program Manager. B.SCOPE OF WORK FOR HOUSEHOLD HAZARDOUS WASTE PROGRAM _General Information Since 1983, Palo Alto has sponsored Household Hazardous Waste (HHW) collection events for its residents. The contractor shall operate HHW Collection Events in accordance with the schedule listed below from 9:00 a.m. to 1 2:00 noon at the Palo Alto Regional Water Quality Control Plant (PARWQCP) at 2501 Embarcadero Way. At these events, all HHW, with the exception of those materials prohibited under Title 22 of the California Code of Regulations, Section ~17450.4 (22 CCR 67450.4), as amended, and certain recyclable hazardous wastes (motor oil, used oil filters, antifreeze, and automobile batteries) shall be collected from City residents, packaged for shipping, and transported to approved Treatment, Storage, and Disposai Facilities (TSDFs). The HHW Program shall be conducted in compliance with 22 CCR 67450.4 and Permit by Rule regulations under 22 CCR 66270.60. HHW events scheduled through June, 1997 are as follows: Saturday, July 6, 1996 Saturday, August 3, 1996 Saturday, September 7, 1996 Saturday, October 5, 1996 Saturday, November 2, 1996 Saturday, December 7, 1996 Saturday, January 4, 1997 Saturday, February 1, 1997 Saturday, March 1, 1997 Saturday, April 5, 1997 Saturday, May 3, 1997 Saturday, June 7, 1997 CITY OF PALO ALTO: (5/1996)Exhibit A o Page 1 EXHIBIT A - SCOPE OF SERVICES, 2.Services to be Provided by the Contractor_ 2,8 The Contractor shall designate a Project Manager to act as contact for the coordination of each event. The Contractor’s Project Manager shall be directly responsible for his/her firm’s activities related to this agreement. IfLrequested,.by the C~ty, the Contractor’s Project Manager shall attend one meeting before each event to ensure procedures are followed, coordination is established, and record keeping is maintained. 2.b The Contractor shall be responsible for preparing and maintaining any .and all necessary plans, licenses or other mandatory documents required, by regulatory agencies under federal, state or local laws, ordinances or regulations for the implementation and operation of the HHW Program, including but not limited to health and safety plans, contingency plans and site operations plans. The City shall provide such reasonable assistance to the Contractor as it may request. The Contractor shall provide to the Program Manager copies of all plans, licenses or other mandatory documents prepared for the operation of the HHW Program. The City will prepare and submit regulatory notifications such as local agency and state Permit by Rule notifications as necessary..The Contractor shall provide such reasonable assistance to the City as it may request. The City has an EPA Generator Identification Number for the HHW Program. 2.C The Contractor shall operate monthly.HHW Program collection events including event preparation, tear down, and clean-up. The .Contractor shall provide all staff, labor, materials, tools and equipment for handling, identification, profiling, packaging, labelling, marking, placarding, manifesting., loading, transportation, and final dispos~al of collected hazardous wastes. The Contractor shall conduct all activities and operate collection events in accordance with all applicable federal, state and local laws and regulations, and the health and safety, contingency and operation plans prepared by the Contractor and approved by the Program Manager. All personnel handling hazardous waste shall be trained in hazardous waste management, the use of personal protective safety equipment, and emergency response equipment and procedures as required under applicable state and federal laws and regulations. 2.d The Contractor shall not collect, without prior approval of the Department of Toxic Substances Control (DTSC) and the Program Manager, materials prohibited under 22 CCR 67450.4 including but not limited to: biohazardous wastes, radioactive wastes, compressed gas cylinders greater than 20 pounds, and explosives. CITY OF PALO ALTO: (5/1996)Exhibit A - Page 2 EXHIBIT A -SCOPE OF SERVICES The Contractor shall not collect motor oil, antifreeze, oil filters and automobile batteries. Participants with these wastes shall be instructed to take them to the Palo Alto Recycling Center. Should any of these wastes be inadvertently received at the HHW Program, the Contractor shall deliver said wastes to the appropriate facilities at the Palo Alto Recycling Center. 2oe The Contractor shall provide appropriate documentation, certificates and records as required by applicable federal, state and local laws and regulations and the Program Manager. All documentation shall be filled out clearly, correct!y and legibly and copies of any manifest attachments shall be provided to the Program Manager at the time of transport. Documentation submittals shall include but not be limited to: 2.e.1 2.e.2 Hazardous waste manifests and bills of lading; Fully legible inventory forms indicating the contents of each labpacked drum and referencing a unique identification number for each drum; 2.e.3 State and federal land disposal restriction notification forms; 2.e.4 Forms, documents, or certificates required for receipt of waste by TSDFs; 2.e.5 HHW event summary report, listing and sorted by hazardous waste manifest number and by DOT hazard class, which includes the following,’information for each drum collected: unique drum ID number, container type/size, estimated actual quantity of wastes (in pounds exclusive of container and absorbent for solids and gallons for liquids) and TSDF profile number (if applicable). The report shall also include subtotals of the number of drums and weight/volume of wastes for each manifest and DOT hazard class and the total number of drums and weight/volume of wastes for all hazard classes. 2.e.6 If required by the Program Manager, reconciliation of manifests including a letter of explanation for any shipping or manifest disc. repancies. 3.[Fees for Mobilization and Implementation The City will reimburse the Contractor for its Mobilization and Implementation services for each HHW Collection Event in accordance with the HHW CITY OF PALO ALTO: (5/1996)Exhibit A - Page 3 EXHIBIT A -SCOPE OF SERVICES, Management Program Fee Schedule. The HHW Management Program Fee Schedule is attached to this Agreement as Exhibit B and is made a part hereof by this reference. Mobilization and Implementation (Fee Schedule Item 1 ) shall include the tasks and services as follows: 3.8 The Contractor shall.mobilize crews an~l. equipment to the site as needed for each HHW collection event. This task shall include providing all staff, labor, materials, tools and equipment for operating each event. This task includes, but is not limited to, providing materials handling and containment equipment, emergency response equipment, safety equipment, personnel protective gear, tables and portable shelters for the events, . and performing mobilization, site preparation, demobilization and clean-up. Lump sum Fee for Mobilization and Implementation shall include: 3.a.1 Full compensation for providing appropriate numbers and types of vehicles and equipment for each event, vehicle mileage costs, and travel time for Contractor personnel; 3.a.2 Full compensation for disposal of contaminated equipment (plastic sheeting, PPE, etc.) generated during the event; and 3.a.3 All staffing and labor costs .associated with the personnel requirements for all tasks as outlined below in section 3.b, (i.e. set up, collection, tear down, clean-up, paperwork, etc.). 3.b The Contractor shall provide qualified personnel to implement and operate the HHW Collection Events as outlined below: 3.b.1 One (1) Project Manager with appropriate credentials and experience to oversee all activities and safety during each event. The Project Manager shall be directly responsible for the Contractor’s activities at each event. The Project Manager shall be on site for the duration of the event. 3.b.2 Unless approved by the Program Manager, the Contractor shall provide three (3) chemists with credentials and certifications to satisfy all applicable federal, state and local laws and regulations governing, training for handling, identification, profiling, segregating, packaging, labelling, marking, placardi.ng, manifesting, and transporting of hazardous wastes. These individuals shall have as a minimum, the equivalent of a Bachelor’s ~legree in chemistry and three years experience in CITY OF PALO ALTO: (5/1996)Exhibit A - Page 4 EXHIBIT A -SCOPE OF SERVICES , hazardous wastes. The chemists shall be on site for the duration of the event. If fewer than three chemists are utilized, appropriate discounts based on the Contractor’s standard schedule of fees shall be applied to the lump sum Fee for Mobilization and Implementation. 3.b.3 Unless approved by the Program Manager, the Contractor shall. provide twenty-four (24) technicians for each event for performing the duties under the direction of the Project Manager and site chemists, including, but not limited to, vehicle unloading and hazardous wastes handling, segregating, packaging, labelling, marking, placarding, and manifesting. Technicians shall have the level of training required to meet applicable federal, state ai~d local laws and regulations for the duties they are to perform. If additional technicians are required, the Contractor shall notify the Program Manager for review and approval of the request for additional technicians. If approved by the Program Manager, additional technicians shall be billed and paid for at the straight time rates as specified on the Contractor’s standard schedule of fees. If fewer than fifteen technicians are utilized, appropriate discounts shall be applied to the lump sum Fee for Mobilization and Implementation. 3.b.4 Unless approved by the Program Manager, the Contractor shall provide two (2) survey takers for each event for performing duties, including, but not limited to, verifying participants’ residence status, gathering survey information (forms provided by the City), answering general questions, distributing educational literature (provided by the City), providing traffic control, and p.reventing walk-in access to the event. Survey takers shall wear appropriate safety equipment including safety vests while working. Survey takers shall be on site for ~the public drop-off hours for each event. If fewer than two survey takers are utilized, appropriate discounts based on the Contractor’s standard schedule of fees, shall be applied to the lump sum Fee for Mobilization and Implementation. Fees for Packaging. Transp_.o_Lt~on and~ The Contractor shall be reimbursed for Packaging, Transportation, Management and Disposal of hazardous wastes collected from each HHW collection event in accordance with-the HHW Management Program Fee Schedule (Exhibit B). Packaging, Transportation, Management and Disposal shall include the following tasks and services: CITY OF PALO ALTO: (5/1996) Exhibit A - Page 5 EXHIBIT A -SCOPE OF SERVICES ,, The Contractor shall identify, categorize, profile, segregate, package, label, mark, manifest, transport, and dispose of all collected wastes as directed by the Program Manager and in accordance with all applicable federal, state and local laws and regulations.. Fees provided for .under Fee Schedule ltems.2 through 27 shall incorporate all costs related to packaging, transportation, and disposal, including, but not limited to, identification, profiling, bulking, loose- packing, labpacking, waste compaction (eg: empty container crushing), marking, manifesting, and loading, transportation and disposal of all .collected wastes. The City will notify the Contractor as to the packing and waste man.agement methods selected from those listed in the HHW Management Program Fee Schedule for utilization under the 5.Equipment/Information Provided by the City The City shall provide the following: 11. ® HHW program advertisement; traffic control equipment (signs, cones) including set-up and removal; survey forms; literature for survey takers to distribute to event participants; and debris boxes for disposal of non-hazardous wastes and for corrugated cardboard recycling. The Contractor shall separate corrugated cardboard and place in bin marked as such for recycling. Additionally, as stated in Section 2.b above, the City shall provide support in preparing necessary plans, licenses or other documents required by regulatory agencies for the operation of each event. Waste Owner. Transporter, Arranger of Disposal. Operator and Generator 11.a The Contractor shall solely assume: 11.a.1 Title to and ownership of all wastes collected and managed under the HHW Program hereunder; 11 .a.2 Responsibility for transporting of, including arranging for transportation of all wastes collected and managed under the HHW Program hereunder; 11.a.3 ,Arranger status for disposal of all wastes collected and managed under the HHW Program hereunder. Exhibit A - Page 6CITY OF PALO ALTO: (5/1996) EXHIBIT A -SCOPE OF SERVICES , SCOPE OF WORK FOR CONDITIONALLYEXEMPT SMALL QUANTITY GENERATOR PROGRAM General Information Under this agreement, the Contractor shall operate a voluntary Conditionally Exempt Small Quantity Generator Hazardous Waste Management Program (CESQG Program) for the collection and management of hazardous wastes generated by conditionally exempt small quantity generators as defined herein. Since November, 1993, a voluntary CESQG Program has been made available for the collection and management of hazardous wastes generated by businesses that qualify as CESQGs located in the service area. for the PARWQCP (the communities of Palo Alto, East Palo Alto, Los Altos, Los Altos Hills, Mountain View, and Stanford)¯ The CESQG Program shall be operated by the Contractor in conjunction with but separate from the HHW program. The Contractor shall operate the CESQG Program in compliance with all federal, state, and local laws, regulations and ordinances, including but not limited to 22 CCR 67450.4, as amended. The CESQG Program shall only provide hazardous waste collection, transportation, treatment and disposal services for those businesses within the PARWQCP service area that meet the definition of a "conditionally exempt small quantity generator" as specified under California Health and Safety Code section 25218.1(a) (HSC 25158¯1(a)). The Contractor shall operate the CESQG Program collection event on the same days as the HHW Program between the hours of 1:00 p.m. and 4:00 p.m., or at days and times set by the Program Manager. The Contractor shall permit participating and qualified businesses to deliver wastes by appointment with the Contractor to the PARWQCP on the designated days. The appointment system shall provide :information to the Contractor which shall aid in the Contractor’s arrangements for the management of wastes, verification of business status, verification of CESQG status, verification of waste quantities generated, and payment for services provided by the Contractor to participating businesses. .Services to be Provided by the C~J3JLEa.o_t~ 2.8 The Contractor shall operate and be responsible for the CESQG Program, under which it shall provide for the appropriate handling, packaging, transportation, and disposal of hazardous wastes generated by CESQGs in the PARWQCP service area. CITY OF PALO ALTO: (5/1996) Exhibit A - Page 7 EXHIBIT 2.b 2,C SCOPE OF SERVICES , The Contractor shall provide all staff, materials, labor, forms, tools, and equipment necessary for conducting the CESQG Program, including, but not limited to the following services: record keeping, appointmen.t arrangements, billing and cost recovery,, identification, profiling, packaging, labelling, marking, placarding, manifesting, removal, transportation~--and disposal of-.all collected.hazardous wastes. All work and the preparation of materials under the CESQG Program shall be conducted in accordance with all applicable federal, state, and local laws, ordinances, and regulations, including but not limited to 22 CCR 67450.4, as amended. The Contractor shall have the sole. responsibility for the identification, segregation, packaging, transporting, and disposal of the wastes collected through the CESQG Program. The Contractor shall hold title to and ownership of the wastes collected through the CESQG Program. 2.d The Contractor shall not collect, without prior approval of the DTSC and the Program Manager, materials prohibited under 22 CCR 67450.4 including but not limited to: biohazardous wastes, radioactive wastes, compressed gas cylinders greater than 20 pounds,-and explo.sives. Under the CESQG Program, wastes from qualified CESQGs shall be accepted by the Contractor between the hours of 1:00 p;m. and 4:00 p.m. on the same days as the HHW Program or such other days and time periods approved by the Program Manager. Qualified businesses shall be required by the Contractor to arrange appointments with the Contractor for participation in the CESQG Program. . 4. Service Area The service area for the CESQG Program shall include the communities of Palo Alto, East Palo Alto, Los Altos, Los Altos Hills, Mountain View, and Stanford. Requirements for Participants The Contractor shall only allow, appropriately qualified businesses within the jurisdictions listed in Section C.4, which meet the definition of a "conditionally exempt small quantity generator" as specified under HSC 25158.1(a) as amended, to participate in the CESQG Program. The Contractor shall be solely responsible for verification of the CESQG status of all participants. CITY OF PALO ALTO: (5/1996)Exhibit A - Page 8 EXHIBIT A - SCOPE OF SERVICES, The Contractor shall be solely responsible for recovering all CESQG Program fees and costs from the Program participants. The City expressly disclaims any responsibility or liability for payment of the cost of operating the CESQG Program through the imposition, of.fees permitted pursuant to the terms of this Request for Proposals. The Contractor is authorized to collect fees on a cost- recovery basis for services rendered at the time of delivery of the wastes to the PARWQCP. It shall be the Contractor’s sole responsibility to ensure that the rates established for the CESQG Program cover all costs including, but not limited to, packaging, transportation, disposal, maintenance of required records, staffing for the CESQG Program, operation of theappointment system, and billing management. Any taxes which are assessable upon the rendering of such services may be passed on to the participating business as part of the CESQG Program costs. ’ The City expressly disclaims any responsibility or liability for payment of such taxes which the Contractor may be required by law to collect. Record Keeping The Contractor shall be solely responsible to maintain all records required by local, state, and federal laws, ordinances, and regulations, including but not limited to tracking of participating businesses, including waste quantities and types, verification of CESQG status, business hazardous waste generator identification numbers and permits (as applicable), business name, address, phone number, fees charged and collected, uniform hazardous waste manifests, state and federal land disposal restriction notification forms for hazardous waste Subject to land disposal restrictions, hazardous waste profiles required by TSDFS and bills of lading for nonhazardous wastes collected and managed through the CESQG Program. All records shall be retained and made available for inspection, review, and audit by representatives of the PARWQCP jurisdiction during normal business hours throughout the term of the Agreement for a period of three (3) years following the expiration or termination of the Agreement for any reason. Monthly Event Summary Re.o_e_rj: A monthly event summary report shall be prepared and submitted by the Contrac~tor to the Program Manager within one (1) week after each CESQG CITY OF PALO ALTO: (5/1996)-;Exhibit A - Page 9 EXHIBIT A -SCOPE OF SERVICES, Program collection event.Each report shall include, at a minimum, the following:, 8.8 Copies of participant registration forms for all participating CESQGs which shall include, but not be limited to the fol!owing information: Business name,o.address, and telephone number, Federal Environmental Protection Agency hazardous waste generator identification number (as applicable); descriptions for all wastes delivered including waste type, weights (for solids) and volumes (for liquids), and fees charged to each such business by the Contractor. 8.b Volume and types of wastes collected by DOT Hazard ..Class; and 8oC Copies of all uniform hazardous Waste manifests, bills of lading for nonhazardous wastes collected and managed through the CESQG Program by the Contractor, and attachments including but not limited to labpack forms indicating the contents of each labpacked drum and referencing a unique identification number for each drum, state and federal land disposal restriction notification forms for hazardous wastes subject to land disposal restrictions, and hazardous waste profiles required by TSDFs. t Program Publicity The City will provide advertizing for the CESQG Program as it deems appropriate through local newspapers, directed mailings, utility bills, etc. The Contractor will be allowed to provide publicity for the CESQG Program as well. At the City’s sole option, the City may provide coordinated efforts with the Contractor to-facilitate effective Program publicity. 10.Mandatory Approvals. The Contractor shall be responsible for preparing and maintaining any and all necessary plans, licenses or other mandatory documents required by regulatory agencies under federal, state or local laws, ordinances or regulations for the implementation and operation of the CESQG Program, including but not limited to health and safety plans, contingency plans and site operations plans. The City shall provide such reasonable assistance to the Contractor as it may request. The Contractor shall provide to the Program Manager copies of all plans, licenses or other mandatory documents prepared for the operation of the CESQG-Program. CITY OF PALO ALTO: (5/1996)~Exhibit A - Page 10 EXHIBIT A - SCOPE OF SERVICES, The City will prepare and submit any regulatory notifications such as local agency and state Permit by Rule notifications, as necessary. The Contractor shall provide such reasonable assistance to the City as it may request. As required by the DTSC, the EPA Generator Identification Number for the HHW Progra’m shall be used for the manifesting of wastes collected under CESQG Program. 11.YY_a.s.t_e__Owner. Trans.~orter. Arraj:lger of Disposal. Operator and Generator_ 1 1 .a .The Contractor shall solely assume: 11.a.1 Title to and ownership of all wastes collected and managed under the CESQG Program hereunder; 11.a.2 Responsibility for transporting of, including arranging for transportation of all wastes managed under the CESQG Program hereunder; 11.a.3 Arranger status for the disposal of all waste.s collected and managed under the.CESQG Program hereunder. 11.b To the extent permitted by law, the City disclaims any responsibility, liability, or status in connection with the CESQG Program under the Agreement. The City assumes no title to nor ownership of. the wastes collected, transported, recycled or disposed of through the CESQG Progr.am. The City shall not be deemed a transporter, disposer, operator or generator for, such wastes collected and managed under the CESQG Program except as may be established by law. In addition, the City disclaims any responsibility or liability for arrangement of delivery, collection, transportation, recycling or disposal of such wastes collected and managed under the CESQG Program hereunder. 24-HOUR EMERGENCY RESPONSE SERVICES In the event of a hazardous materials or waste incident (abandoned waste, spill, leak, etc.) that requires services beyond those that the City is capable of providing internally, the Contractor will be listed as a potential service provider for emergency response. Typical services to be provided under this task may include, but not be limited to, furnishing of vacuum tanker services for :Exhibit A - Page 11CITY OF PALO ALTO: (5/1996) EXHIBIT A - SCOPE OF SERVICES pumping of underground tanks and utility vaults (may involve PCB contaminated wastes), furnishing personnel, materials and/or equipment for waste containment, spill clean-up, site decontamination, Hazcat identification of unknowns, waste packaging, transportation, disposal, etc. The Contractor shall furnish 24~-hour emergency contact telephone numbers and notification procedures for requesting emergency response services. Upon notification by the Program Manager or his designee, the Contractor shall mobilize appropriate personnel, materials and equipment to respond to incidents to provide emergency response services. Services rendered under this task will be comper~sated for on a time and materials basis in accordance with the Contractor’s standard schedule of fees. CITY OF PALO ALTO: (5/1996) Exhibit A - Page 12 EXHIBIT B FEE SCHEDULE FOR HH PROGRAM < 0 6 0,._1 < o o .< 0 ..J 0 © GREENFIY_J.~ SERVICES CORPORATION A Company of Laidlaw Environmental Services, Inc. 2. Standard Schedule of Fees Fee Schedule Item 1 - Mobilizatlon and Implementation Greenfield/Laidlaw will mobilize crews and equipment to the site as needed for each HHW collection event.’ This task shall include providing all staff, labor, materials, tools and equipment for operating each event. This task, includes, but is not limited to, providing materials handling and containment equipment, emergency response equipment, safety equipment, personnel protective gear, tables and portable shelters for the events, and performing mobilization, site preparation, demobilization and clean-up. Lump Sum Fee for Mobilization and Implementation includes: Full compensation for providing appropriate numbers and types of vehicles and equipment for each event, vehicle mil~ge costs, and travel time for Contractor personnel; Full compensation for disposal of contaminated equipment (plastic sheeting, PPE, etc.) generated during the event; and All staffing and labor costs associated with the personnel requirements for all tasks as outlined below, (i.e. set up, collection, tear down, clean-up, paperwork, etc.). Greenfield!Laidlaw will provide qualified personnel as outlined below: One (1) Project Manager with appropriate credentials and experience to oversee all activities and safety during each event. The Project Manager shall be directly responsible for Greenfield!Laidlaw’s activities at each event. The Project Manager shall be on site for the duration of the event. Unless approved by the Program Manager, Greenfield/Laidlaw will provide three (3) chemists with credentials and certifications to satisfy all applicable federal, state and local laws and regulations governing training for handling, identification, profiling, segregating, packaging, labeling, marking, placarding, manifesting, and transporting of hazardous wastes. These individuals have as a minimum, the equivalent of a Bachelor’s ¯ degree in chemistry and three years experience in hazardous wastes. The chemists will be on site for the duration of the event. If fewer than three chemists are utilized, appropriate .discounts b~sed on Greenfield/Laidlaw’s standard schedule of fees will be applied to the lump sum Fee for Mobilization and Implementation. Unless approved by the Program Manager, Greenfield/Laidlaw willprovide twenty-four (24) technicians for each event for performing the duties under the direction of the Project Manager and site chemists, including, but not limited to, vehicle unloading and hazardous wastes handling, segregating, packaging, labeling, marking, placarding, and manifesting. Technicians will have the level of training required to meet applicable federa!, state and local laws and regulations for the duties they are to perform. If additional technicians are required, Greerffield/Laidlaw will notify the Program Manager for review and approv~l of the request for additional technicians. If approved by the * tMraed on Recycled Paper page 2 sm v,c s A Company of Laidlaw Environmental Se~rices, Inc. Program Manager, additional technicians shall be billed and paid for at the straight time rates as specified on Greettfidd/Laidlaw’s standard schedule’ of fe~s. If fewer ban twenty-four (24) techaieians are utilized, .appropriate discounts will be applied to the Lump Sum Fee for Mobilization and Implementation. Unless .approved by the Program Manager, Greenfield/Laidlaw will provide two (2) survey takers for each event for performing duties, including, but not limited to, verifying participants" residence status, gathering survey information (forms provided by the City), answering general questions, distributing educational literature (provided by the City), providing traffic control, and preventing walk-in ace.s to the event. S.u.rvey takers will wear appropriate safety equipment including safety vests "while working. Survey takers shall be on site for the public drop-off hours for each event. If fewer than two.survey takers are utilized, appropriate discounts based on the Contractor’s standard schedule of fees, will be applied to the lump sum Fee for Mobilization and Implementation. Fee Schedule Item 1 - Mobilization and Implementation $ 7,500 Printed on Recycled Paper page 3 GREENFIELD SERVICES CORPORATION A Company of Laidlaw Environmental Services, Inc. Fee Schedule Items 2 through 27 - Packaging, Transportation and Disposal Greenfield/Laidlaw will identify, categorize, profile, segregate, package, label, mark, manifest, transport, and dispose of all collected wastes as directed by the Program Manager and in accordance with all applicable federal, state and local laws and.regulations. Fees provided.under Packaging, Transportation and disposal will incorporate all costs related to packaging, transportation, and disposal, including, but not limited to, identification, profiling, bulking, loose packing, labpacking, waste compaction (e.g. empty container c~shing), marking, manifesting, and loading, transportation and disposal of all collected wastes. It is the City’s preference to utilize non-landfill management methods, where feasible. Recycling, fuel substitution, incineration, treamaent and Other incineration/destruction alternatives will be considered for use as management methods for the program, where practica!. If waste management methods other than those listed in the Fee Schedule are proposed, the Proposer will specify the alternate disposal method on the Fee Schedule. Latex paint, oil-based paint, and flammable liquids will be bulked on-site unless otherwise approved by the Program Manager. All other wastes will be either lab-packed or loose packed in accordance with all applicable federal and state laws and regulations. If Greenfield/Laidlaw proposes to use packaging methods other than those specified in the fee schedule (e.g. not bulking oil based paint and shipping in original containers without lab- packing), Greenfield/Laidlaw will provide sufficient detail in the proposal to e~,aluate the cost and operational efficiencies and appropriateness of the alternate packaging methods proposed. Emptied steel cans from latex paint bulking operations will either be managed by Greenfield/Laidlaw through steel can recycling (Fee Schedule item 16) or will be disposed of by the City. Emptied steel cans from oil-based paint and flammable liquid bulking operations will be managed by Greenfield/Laidlaw through either can recycling (Fee Schedule item 16) or by other means subject to the approval of the Program Manager. Non-steel cans from oil-based paint and flammable liquid bulking operations will be disposed of by Greenfield/Laidlaw. Printed on Recycled Paper page 4 GREENFIELD SERVICES CORPORATION A Company of Laidlaw Environmental Services, Inc. GREENFIELD/LAIDLAW HOUSEHOLD HAZARDOUS W~ PROGRAM STANDARD SCHEDULE OF FEES A.Labor 1.Supervisor $ 42.00 per hour .2.Field Chemist $ 42.00 per hour 3.Technician $ 35.00 per hour 4.Laborer $ 22.00 per hour 5.Class B (Safety Equipment $ 45.00 per hour (For labor as well as Level B PPE) B.Materials. (includes drums, absorbent materials, drum liners)$ Included C.Lab0rat0~ Do 1.Hazardous Materials Categorization $ N/C each 2.Sampling Fee $ N/C each 3.Analysis Fee $ Cc~ + 10% ea. 4.Profiling Fee $ N/C each at Greenfield!Laidlaw facilities Transpoi-tation Costs (Includes all costs associated with transportation) $ Included Treatment/Disposal Latex Paint - Bulk 20 Gal. or 200 lbs., all Lab Packs. $150.00 $140.00 Oil-Based Paint Fuel Substitution - Bulk Fuel Substitution- Cu Yd Box Flammable Liquids - Bulk $50.00 $225.00 $125.00 $ 60.00 $700.00 n!a n/a $165.00 $100.00 $ 55.00 Primed on Recycltd Paper page 5 GREENFIELD SERVICES CORPORATION A Company of Laidlaw F_.nvironmental Services, Inc. o o o 0 o 10. 11. Flammable Liquids (Unsuitable for bulking, such as poisons, highly flammable, etc.) Fuel Substitution- Labpack ~;250.00 $150.00 $ 50.00 Incineration - Labpaek $500.00 $225.00 $125.00 Flammable Solids Fuel Substitution - Labpack Fuel Substitution - Labpack $300.00 $200.00 $ 70.00 n/a n/a Empty Steel Cans (from bulking operation) Recycle - Compact & Pack Landfill - Compact & Pack $275.00 $175.00 .$100.00 $175.00 $120.00 $ 50.00 Other Empty Containers (from bulking operation) Landfill - Compact & Pack $175.00 $120.00 $ 50.00 Aerosol Cans (Flammable) Fuel Substitution (Liquid Product), Incineration or Recycling (Propellants) and Recycle (Emptied Containers) Loosepack ,$275.00 $200.00 $150.00 Incineration Loosepack .$500.00 $225.00 ..$125.00 Aerosol Cans (Poisons) Incineration (Liquid Product), Incineration or Recycling (Propellants)" and Recycle (Emptied Containers) Loosepack n/a Incineration Loosepack $500.00 $225.130 $125.00 Aerosol Cans (Corrogive) Treatment!Neutralization (Liquid Product), Incineration or Recycling (Propellants) and Recycle (Emptied Containers) Loosepack n/a n/a n/a Incineration Loosepack $500.00 $225.00 $125.00 Propane Cylinders (Camp Stoves, Gas Grill Tanks) Recycle - Loosepack $275.00’ Incineration - Loosepack $500.00 $200.00 $150.00 $225.00 $125.00 Printed on Recycled Pcrper page 6 GREENFIEI~ SERVICES CORPORATION A Company of Laidlaw Environmental Services, In.c. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Corrosive, Liquid Treatment/Neutralization - Labpack Corrosive, Solid Treatment/Neutralization - Labpack Oxidizer, Solid Treatment/Neutralization - Labpaek Incineration - Labpack Oxidizer, Liquid Treatment/Neutralization - Labpack Incineration - Labpack Non-RCRA Hazardous Waste, Solid Fuel Substitution - Labpack Incineration - Labpack Non-RCRA Hazardous Waste, Liquid Fuel Substitution - Labpack Incineration - Labpack Used Photo Developer Recycle - Labpack Fuel Substitution - Labpack Mediqines, Solid Incineration - Labpack Medicines, Liqui.d Incineration - Labpack Poison, Solid Incineration - Labpack Poison, Liquid Incineration - Labpack Pentacholorophenol- Containing Poisons Landfill - Labpack Incineration - Labpack PCB-Containing Waste, Solid (Fluorescent Light Ballasts, etc.) Incineration - Labpack _ Landfill - Labpack $250.00 $250.00 $300.00 $500.00 $300.00 $425.00. $300.00 $5OO.O0 s: 5o.oo $5OO.O0 $375.O0 $250.O0 $500.O0 $425.O0 $5OO.O0 $425.00 $275.O0 $575.00 $1,1O0.00 $ 150.00 $150.OO $150.00 $175.00 $225.O0 $175.00 $2OO.00 $2O0.OO $225.00 $150.00 $225.00 $175.00 $150.00 $225.OO $200.00 $225.O0 $200.O0 $125.OO $200.OO $ 670.O0 $ 100.O0 $ 50.O0 $ 50.OO $ 95.O0 $125.OO $ 95.00 $ 70.00 $ 70.o0 $125.o0 $ 50.00 $125.o0 75.00 50.00 $125.00 $ 70.00 $125.00 $70.O0 $ 50.00 $ 70.00 $ 125.09 $ 60.OO * Pri~ed on Recycled Paper page 7 GI~EF_,N~fEJ_,D SERVICES CORPORATION A Company of Laidlaw Environmental Services, Inc. 25. 26. 27. 28. 29. 30. PCB-Containing Waste, Liquid Incineration - Labpack I-Iousehold Dry-Cell Batteries Recycle - Loosepack Landfill - Loosepack Organic Peroxides Incineration - Labpack Mercury Recycle - Labpack Flares (Fusses) Incineration - La~.pack Asbestos and Asbestos-Containing Products Landfill - Loosepack in drums $ 650.00 $ 4.00/LB $ 395.00 $ 425.00 $ 14.50/LB $ 500.00 $ 250.00 390.00 $ 4.00/LB $ 237.00 $ 200.00 $ 14.50/LB $ 225.00 $ 125.00 $ 60.00 $ 4.(DLB $ 50.00 $ 70.00 $14..53H3 $ 50.00 31.Asbestos and Asbestos-Containing Products Landfill - Loosepack in bags $15.00/CU FT. Printed on Recycled Paper page 8 GI~F_aFAxFFI~LD SERVICES CORPORATION A Company of LaidLaw Environmental Services, Inc. GREENFIELD/LAIDLAW HOUSEHOLD HAZA.RDOUS WASTE PROGRAM NON-STANDARD SCHEDULE OF FEES Non-Standard Services (Emergency Response and Other Services) Ao Labor (’Emergency Response & N0n-$t~mdard) -:Hourly Rate I.Project Manager $ 60.00 2.Prbject Supervisor $ 50.00 3.Field Chemist $ 50.00 4.Project Administrator $ 35.00 5.Field Technician $ 40.00 6.Laborers $ 25.00 7.Logistics Coordinator $ 45.00 8.Emergency Response Technicians $ 45.00 . 9.Safety Supervisor $ 50.00 10.Project Consultant $ Cost + 10% 11.Other:" N/A $ Equipment Hourly Rate/Minimum # Hrs. oi: Other Conditions 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Emergency Response Truck $ 35.00 / Hour Crew Truck $ 15.00 / Hour Flatbed Truck - Small * $ 60.00 / Hour Flatbed Truck - Large * $ 75.00 / Hour Roll-Off Truck * $ 75.00 / Hour Roll-Off Box or Drum Rack Rental $ 9.00 / Day Vacuum Truck - 70 bbl.* $ 90.00 / Hour Vacuum Truck - 100 + bbl.* $ 90.00 / Hour Compactor/Bailer $ Cost + 10% Forklift $ Cost + 10% Other: Miscellaneous $ Cost + 10% includes operation Printed on Recycled Paper page 9 GREENFIELI) SERVICES CORPORATION A Company of I~dlaw Environmental Services, Inc. GREENFIELD/LAIDLAW HOUSEHOLD HAZARDOUS WASTE PROGRAM NON-STANDARD SCHEDULE OF FEES page 2 Materials and Suvplies Daily Rate P/Person Personal Protective Equipment (Safety a.Level A $ 225.00 b.Level B $ 125.00 c.. Level C $ 75.00 d.Level D $ 30.00 Air Monitoring (OVA/HNU)$ 150.00 per d~y, each Containers (Reconditioned)Unit Co~t (each) a.85 GSD OverPack Drum $ 75.00 b.55 GSD $ 20.00 c.55 GPD $ 35.00 d.30 GSD $ 25.00 e.30 GPD $ 25.00 f.5 GSD $ 6.00 g.5 GPD $ 6.00 h.Other:$ Cost + 10% GPD = Gallon Plastic Drum GSD = Gallon Steel Drum 4.Manifests, Labels, Profiles, etc. 5.Vermiculite (4 cubic feet) 6.- Other Absorbent ( 25 lb.) 7.Steam Washer (low pressure + vol.) 8.Plastic Sheeting (size: 100’x20’, 4 rail) 9.~ "HazCat" Kit (Standard) 10.Materials and Supplies Not Otherwise Specified Unit CostfFyp_g. N/C 15.1313 / Bag 15.00 / Bag Cost + 10% $ 50.00 / Roll Cost + 10% $ Cost + 10% "~ Prin~ed on R¢cycltd Paper page 10 GREENFIELD SERVICES CORPORATION A Company of Laidlaw Environmental Se~ices, Inc. GREENFEF_J~0/LAIDLAW HOUSEHOLD HAZARDOUS WASTE PROGRAM NON-STANDARD SCI-IEDULE OF FEES page 3 ~;ervices 1.Analytical 2."HazCat" Analysis 3.Container Storage 4.Profiling Fees @ Non-Contractor TSDFs 5.Training a.HHW Orientation b.OSHA 1910.120 (40 hrs.) c.40 hour Refresher d.DOT HM-126F e.HM-126F Refresher f.All Other Training Not Specified 6.Media Assistance $ Cost + 10% 7.Services (Not Otherwise Specified) $ Cost + 10% $ Cost + 10% $ 20.00 Each $ 6.00 per Day Each Cost + 10% Cost + 10% - Outside Vendor N/C - Greenfield scheduled traltiing Cost + 10% - Outside Vendor N/C - Greenfield scheduled training Cost + 10% - Outside Vendor N/C - Greenfield scheduled training Cost + 10% - Outside Vendor N/C - Greenfield scheduled training Cost + 10% - Outside Vendor N/C - Greenfield scheduled training Cost + 10% - Outside Vendor N/C - Greenfield scheduled training Cost + 10% Notes to Statement of Char~es (Lkst all conditions upon which these statement of charges are premised): Lab packed drum volumes are 20 gallons or 200 lbs. for 55 gallon drums. All training for County staff will be at no charge for all Greenfield/Laidlaw scheduled internal training courses. All rates are subject to mutually agxeed upon terms. Printed on Recycled P~per page 11 EXHIBIT C INSURANCE CERTIFICATES ACORD. PRODUCER CERTIFICATE OF MIMS INTERNATIONAL, LTD. 901 DULANEY VALLEY RD # 610 ? 3ON MD 21204 :;,.ICIA M. BUSCEMI 410-296-1500 F~No. 410-296-1741 R MC 08/14/98LIABILITY INSURANC . ._3 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW, COMPANIES AFFORDING COVERAGE COMPANY A NATIONAL UNION FIRE INS. CO. INSURED COMPANY ’ oB INSURANCE CO OF T~E ST.OF PA. COMPANY " "SAFETY-KLEEN ................. (CA~IEO93~IA), INC.~ *<J~J~J-P~u~J z~’J;,~J~ -~u~-’xz 9275 Trade Place, Ste. H COMPANYSan Diego, CA 92126 D COVERAGES THIS IS TO CERTIFY THAT THE POLP~ES OF INSURANCE USTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIO0 INDICATED, NOTI~ffTHSTANDiNG ~ REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WtTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTNN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. uMrl~ SHOWN MAY HAVE BEEN REDUCED BY PNO CL.NMS. CO " POLICY EFFECTIVE POLICY EXPIRAllONmE Or,NSURANCE POLICY.U.BER BATE (..~ DATE(..~O~ u.nsLTR G~ERAL UABILITY I GENERAL AGGREGAT’E $ 1010001000 A IXICOMMERCJALGENERALL~UWI RMGL6122027 09/01/98 09/01/99 PRODUCTS-COMPIOPAGGI$ 5,000,000 [~ CLNMSMADE ~ (~A:~UR PERSORAL&AnVINJURY $ 5,000,000 L---I OWNER’S&OONTRACI’OR’SFROTI EACH(X:CURRENCE I$ 5,000,000 l~ ’’RRE DAMAOE(A~y on, r~) ~]--1 MEDEXP(A.~,on.p.,’.=,) I $ 50,000 I AUTOMOBILE UAB Lrw !L~~ ....COMBINED StNGLE LIMIT I $ A ~ ANYAUTO RMCA3209210 09/01/98 09/01/99 ~ X I ALL OWNED AUTOS BO~LY INJURY ~ SCHEDULED AUTOS (P.t p~r=on) I$ HIRED AUTOS BOOILY INJURY II ~---’~ NON-OWNED AUTOS (Per accident) I_~ MCS- 90 .PROPERTY DAMAGE $ / GARAGE LIABILn’Y ,AUTO ONLY o EA ACCIDENT -~ ANY AUTO OTHER THAN AUTO ONLY:I ___J EACH ACCIDENT I $ ~ ~AGGREGATE I $ EXCESS LIABIUTY EACH OCCURRENCE $ 5,000 t 000 A X---lUMBRELL~FORM B~9323273 N/A TO 09/01/98 09/01/99 AGGREGATE $5,000,000 ,t OTHER THAN UMBRELLA FORM ~OLLUTIO~/CONTR~CTORS ENV $ OR.ERS CO.PENSATION AND’X I !EMPLOYERS’ LIABILITY EL EACH ACCIDENT I $ 5,000 ~ 000 B THEPROPRIETORJ ~ =NCL 1~HWC3471448 09/01/98 09/01/99 ELUSEASE-POUCYUMrr I $ 5,000,000PARTNERS~ECUTIVE ~o ;0OFFICERS ARE:! I EXCL EL DISEASE- EA EMPLOYEEI $ 5,000,00 OTHER c POT.T.UTION T.V.GSG., NTL1632647 09/01/98 09/01/99 10 MITT, EACH/TOTAL COHTPJ~CTORS EHVIR NTF163278901 09/01/98 09/01/99 5/10 MIlL PER OCC/AGG DESCRIPTION OF OPERATIONS/LO~ATIONSNEHICLES/SPECIAL ITEMS P3~: FOP, UPCOMTHG HOUSEHOLD JOB: 1998/1999 CITY OF PATJO ~.LTO, PLT~LIC WOP,~SDE PAR~MENT. CERTIFICATE HOLDER CITY OF PALO ALTO, PUBLIC WORKS DEPARTMENT ATT~: CHAD CENTOLA 3201 EAST BAYSHORE ROAD PALO ALTO, CA 94303 ACORD 25-S (1195) CITYPI3 CANCELLATION SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY ~ILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAlL SUCH NOTICE SHALL IMPOSE NO OBLIGA’TION OR LIABILJTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE FELICIA M. BUSCEMI " ACORD CORPORATION 1988 $¢H~DUL~ OF LIMITS Typ~ of Cartage r~omm~rce). [2)Fo~.hi~ and PHvale On Interstate, fo~elgn, o~ Inl~aslate commerce}. or forei~ commerce: in an~, quan- ti~,) ot (~n inlraslale common’ca: I~ bulk ~nl),). 4) Fot.hlte and Pti,,,ale (In Inlotslalo P~oporly (~nhazard<~us)’ Oil lisled In 49 CFR 172.101; hazardous mal0tials hazar~us subslancos defined in 49 CFR ~71.8 I;slod I~ 49 CFR 172 ’101, bul n61.r~onl;o~d I~ (2) Any’ quanllly el Class A o~ B explos/.~, any quanl~ el Poison gas (Poison A}, o; highway t~o ~Ito~ quanli~ ra~oacl~ materials as ~nod ~ 49 CFB 170,~. Minimum $ ’oto: The 17pc or ca,ria~e lisl~d unde~ (I). (2). a~ (3) applies to vehicles with a ~,oss vehk:l~ w0;ght fatln~ el 10.000 ounds ot mo~e. The.t~,po of ca,ria~e I;sled unde~ numbe~ (4) ap~lles to all vehicles w~h a {;~os$ veh~10 weighl ralin9loss Ihan 10.00<) pounds. EXHIBIT D NON-DISCRIMINATION COMPLIANCE REPORT AFFIRMATIVE ACTION GUIDELINES‘SECTION 00820 City of Palo Alto Purchasing & Contract Administration PRE-AWARD PHAS~ At In addition to the Certificate of Nondiscrimination required to be filed under Section 2.30.160 of the Palo Alto Municipal Code (hereinafter."PAMC"), the Contractor shall c~mplete a questionnaire furnished by the City setting forth the affirmative actions the Contractor has taken or will take to: 1.Recruit minorities in its location for all levels of jobs. 2.Select methods assuring equal employment opportunity for all persons. = Establish a training program for new hires where necessary to assure ample opportunity for the less qualified to more fully qualify. Provide adequate opportunity for upgrading and further training to assure equal opportunity in advancement and promotion. ¯Provide counselling service for all who may need help tO advance, especially new employees. 6.Educate supervisors regarding nondiscrimination practices. In addition tQ furnishing the completed questionnaire called for under (A.) above, each Contractor for a construction or service project within the City shall submit the following information for Contractor and each Subcontractor.. This information shall constitute the bidding contractor’s Minority Employment Program (hereinafter "MEP"). The estimated total number by job classification of personnel who shall be used by the Contractor and each Subcontractor in performance of the contract¯ These numbers shall include the estimated breakdown by on’emonth for the life of the contract. No estimate furnished under this subparagraph shall be construed or enforced as a hiring quota. PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-1 AFFIRMATIVE ACTION GUIDELINES SECTION 00820 In preparing these estimates it is expected the Contractor will take, or agree to take, these additional steps to assure affirmative action in the field of minority employment. Recruiting for needed help in the local areas inhabited by minority members, including open advertising and use of various establ-ished public andprivate agencies. [Lists and advice furnished by the Palo Alto Human Relations Council (hereinafter "PAHRC")]. bo Training those less qualified to assure adequate promotional opportunities for all. Providing necessary counseling for upgiading, including use of outside training facilities in this area, (lists available from the PAHRC). Assigning an Equal Employment Opportunity (hereinafter "EEO") coordinator full time or as additional duty and assuring that all supervisors are aware of their responsibilities and that union representatives recognize their obligation in the EEO program. eo Assuring that all Subcontractors are in compliance with the federal and California state laws and regulations relating to nondiscrimination. fo -Where the contract is of sufficient duration, assuring develop- ment of apprenticeship programs with union cooperation. go Upon request, furnishing the City a copy of the latest Federal Form EEO-1, or equivalent form. ho Providing the name and address of all suppliers whose supplies and/or equipment exceed 5% of the total supply cost for each contract and subcontract for the performance of the contract. Any Contractor not submitting an MEP shall not be defined as a "responsible bidder" and his/her Bid shall be disregarded in the manner now prescribed by the City. Do The City Manager, or designate, will analyze the MEP submitted by each Contractor with the objective of determining if the program submitted by the Contractor for himself and his Subcontractors presents a reasonable effort to further minority employment. PURCHASING ADMINISTRATION: Affirmative Action ? SECTION 00820-2 AFFIRMATIVE ACTION GUIDELINES SECTION 00820 If the City Manager has questions about a particular Bidder’s proposal, he or she may address such questions to the Bidder. The City Manager will be available to answer questions relative to the guidelines and to advise those seeking assistance of resources known to him/her. He or she shall not be responsible for the service or lack of service rendered by the resources recommended, nor shall he/she be responsible for developing an MEB for any Contractor, or to serve a~ a re’cr.ulter for any Contractor/Subcontractor. Fo Bidders shall be allowed tO revise their MEP after consideration. If Bidders withdraw their MEP for revision, their revised program must be resubmitted by a date which shall be established by the City Manager or designate. Bidders failing to have their revised MEP submitted by the established date shall not:be classified as a r.esponsible Bidder. II. II1. AWARD PHASE OF CONTRACT Upon award of the contract by the City, the recipient"s MEP which has been approved and accepted by the City shall be an integral part of the contract and subject to Section 2.30.093 of the PAMC. No Contractor shall be deemed in material breach of Contract under PAMC Section 2.30.093 when helshe has made a reasonable and substantial effort to comply with the MEP. POST-AWARD PHASE OF CONTRACT The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided, setting forth the law prohib!ting discrimination and advising anyone who feels he or she is bein~t discriminated against to advise the FEPC. go The Contractor shall make written progress reports on the performance of his MEP at intervals established by the City Manager or designate, the Contractor, however, is encouraged to submit written reports as often and when he/she deems it relevant to his}her MEP. The City Manager shall monitor the performance of the MEP until completion of the contract and will report to the PAHRC on the progress of the contractor in living up to his MEP. The City Manager shall monitor the performance of the MEP until completion of the contract and will report to the PAHRC on the progress of the Contractor in living up to his/her MEP. Eo Any questions of possible breaching of MEP shall be discussed with the Contractor by the City Manager. PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-3 AFFIRMATIVE ACTION GUIDELINES SECTION 00820 Resolutions No. 4144 and 4148 Palo Alto Municipal Code 2.30.090 Ordinance No. 2420 COMPLIANCE REPORT Nor~-Discriminatio~sions of Palo AIt~ IMPORTANT This report must be completed by prime contractor and each subcontractor. Complete all items unless otherwise instructed. Use extra sheets if necessary, SUBMIT ORIGINAL OF THIS REPORT DIRECTLY TO: City of Palo Alto Project Name of Firm GrePnfiel~] ,q~rvie~,~ Cnrporation A Laidlaw Company Manager of purchasing Civic Center 250 Hamilton Avenue Palo Alto, CA 94301 Telephone (619)421-1175 Name of person preparing form, person to contact. Laura Tamayo Ext.# 355 Circle One: Part I ~rime Contrac!or~ Complete the Following: Subcontractor Description: 1. Full name and address of firm or other reporting unit covered by this report. 2. Name and address of principal official or manager. 3. Name and address of princip~il office of company. Type or Write in Here: Greenfield Services Corporation 750 Design Court, Suite 103 Chula Vista, CA 91911 750 l~sign Court, Suite 103 ~ Vista, CA 91911 - -- Greenfield Services Cgrporation 750 Design Court, Suite 103 Chula Vistas_CA 91911 PURCHASING ADMINISTRATION: Affirmative Action SECTION 008204 AFFIRMATIVE ACTION GUIDELINES SECTION 00820 Description: 4. Name and address of parent company if affiliated corporation. 5. Name and address ~f prime contractor (complete only if this is a subcontractor’s report. 6. Signature and title of authorized representative. Type or Write in Here: Laldlaw ~tal ~ces, ~. 220 OJ~.et £o~nt ]~u~eva~ C_o~urb~, 93 2921_0 N/A DATE: Jur~ 11, 1996 Part II--Policy 1. Information Attach a statement of your company’s policy on equal employment opportunity to all persons without regard to race, creed, color, national origin, or ancestry, and describe what steps have been taken to put this policy into effect. Part Ill--Circle 1 .@ No 2@ No the Proper Answer. Have you idformed company officials and representatives regarding the non- discrimination provisions of City of Palo Alto Contracts? Have you examined your company’s practices regarding assignments, layoffs or transfers of your employees from one job to another for evidence of a practice or employment pattern that might appear to be discriminatory and based upon sex, race, color, ancestry, religion, national origin or disability? Are theY non-discriminatory? Do you have educational or training programs sponsored or financed for the benefit of employees or prospective employees. a. 47 How many people participate in these programs? 5@ No b.~ How many are minorities? Does your employment advertising state you are an equal opportunity employer? Are any apprentices obtained from sources outside the employer’s work force? If yes, have you circulated information about apprenticeship openings or opportunities to the following. (~No State Employment Offices PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-5 AFFIRMATIVE ACTION GUIDELINES SECTION 00820 G No Newspapers or other media High Schools, including those in minority group areas. Local trade or vocational schools, including those with minority group students. No Agencies or organizations specializing in minorityemployment¯ Federal or State apprenticeship representatives. Who? Others ’ If you are a prime contractor, have all subcontractors covered by these compliance inspection reports been instructed as to their contractual obligations relating to non-discrlmination provisions of City of PaiD Alto Contracts? Explain ~/A o No Have all recruitment sources been advised that all qualified applicants will receive consideration for employment without regard to sex, race, color, ancestry, religion, national origin, or disability? Identify (names and addresses) the employment agencies, personnel recruitment organizations, newspaper advertising or other non-union sources from which the company recruits its personnel. Part IV--Union/Crafts Information Yes(’~Have you a collective bargaining agreement with a labor union or other1. organization? If yes, specify the Union(s) or organization(s) N/A 2. Yes(~Have you advised the labor union and/or worker organization of the company’s responsibility under the non-discrimination provisions of City contracts. PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-6 AFFIRMATIVE ACTION GUIDELINES 3. SECTION 00820 Approximately what percentage of your employees covered by union agreements are referred by or hired through the unions? Explain procedure for hiring balance. 4. Yes(~) 5. Yes(~ Does the company’s collective bargaining agreement or other contract or understanding with a labor union (or unions) or other worker’s organization include a provision for non-discrimination in employment? Is .there any labor union or worker’s orga.nization policy which prevents you from fulfilling your obligations under the non-discrimination provisions of City contracts? If so, specify. Specify the trade(s) or craft(s) involved in this contract. Use this space for comment on any answers you have supplied. Note: In compliance-with the Americans with Disabilities Act (ADA) of 1990, this document may be provided in other accessible formats. For information, contact: Dianah Neff, ADA Director, City.of Palo Alto (415) 329-2313 (voice) or (415) 328-1199 (TDD), PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-7 AFFIRMATIVE ACTION GUIDELINES DATE: RACIAL MA,KEUP OF REPORTING UNIT SECTION 00820 !1.~. 1996 Name of Firm Pr’oject Name Contract # (~mer~e~ SedUces Coq:c~t3.c~ Submitted by [a_Ea ~ C~ty o£ PaSo ~to ~ ~ ~te ~ (Indicate only for monthly report, No. 3) Three types of breakdown are’required. This form is used-for all .three.- (Check--V’) [] -1-Permanent makeup of company. [] o2-Estimated makeup for this project. [] -3-Monthly report for 19~. Submit once per month for duration of project. 1 = Permanent. 2 = Estimate for project. Be sure to include all employees in first column, not just minorities. required to be filled in and submitted with Compliance Report. .,:JOB-.:,: " ,!...Total all ~ATEG oF~IES" :Emplm/ees CategorY = 1 2 3 Management Pr0fessionals 11 Clerical-Office Field Supervieor :Female Black Asian American 1 3 2 3 3 = Monthly only. N6s. 1 and 2 below are 1 7 2 American 3 Indian 3 1 2 Spanish Surnamed 1 2 3 Skilled - List: a. ~da~ b. Unskilled - List: 9 5 2 1 5 4 ao bo c0 Total of 47 12 2 1 12Above: The data below should also be included in the categories above. This is for On Job Training: a.White Collar b.Production This report must ba completed by contractor and each subcontractor. The term "Spanish Surnamed" includes all persons Mexican, Puerto Rice}n, Cuban, Latin American or Sp~.nish origin. Report only employees enrolled in formal on-the-job train{ng programs.END OF SECTION PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-8 _s zn Staff Se ices 4411 Feroxy Street, Suite 207 (619) 422-Ol12 Volt ~ Services 8911 la Mesa Bl~d., # 105 (619) 464-7OBI 3110 Camiro Del Rio South, Suite A-314 (619) 285-9803 Select Staffing Services 8058 Clainmmnt Mesa IRvd. Stun Diego, .CA 92111 (619) 492-9995 3111 Casino Del Rio N~rt_h (619) 285-9700 West~cd, CA 90324 (31o) 441-281)