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HomeMy WebLinkAboutR-1993-033 Davis-Perry / Hygiene1 RESOLUTION NO. R-93- 33 A RESOLUTION Authorizing the execution of a personal services contract for development of a Chemical Hygiene Plan, with Carol Davis - Perry as consultant WHEREAS, the City of Yakima is obligated to meet the requirements of state and federal law in the development of a chemical hygiene plan for the Wastewater Treatment Plant, in order to assure that policies and practices promote the safe use of hazardous chemicals used at the Wastewater Treatment Plant, and WHEREAS, the development of a sufficient chemical hygiene plan is beyond the staffing resources of the City at this time, and WHEREAS, terms proposed by Carol Davis -Perry to work as a consultant in the development of such a plan for the City are acceptable to the City, and such an agreement is in the best interest of the City, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with Carol Davis -Perry for the purpose mentioned above, a copy of which agreement is attached and by this reference made a part hereof ADOPTED BY THE CITY COUNCIL this 20 day of APRIL , 1993 ATTEST Mayor co,c_ City Clerk res/Chem Hyg Plan.sc(m1w) • • • CONTRACT 1. PARTIES. The parties to this agreement are CAROL DAVIS-PERRY (Consultant) and the undersigned (Client) 2. SERVICES TO BE PROVIDED• Consultant shall provide services to develop and write a Chemical Hygiene Plan meeting the requirements of state and federal law• WAC 296-62-40009, WAC 296-62-054 through 296- 61-0542, and 29 CFR Part 1910. The format is shown on Attachment A The components of the Plan shall be those listed on Attachment B Development activities shall be those specified on Attachment C Adjunct products of this process shall be (1) Identification and presentation (for approval) of changes in the Client's procedures necessary to comply with federally - mandated Chemical Hygiene Plan guidelines. (2) Revision of lab safety program reference in client's Wastewater Treatment Plant Safety Program, as necessary where general reference to the new Chemical Hygiene Plan does not suffice PLACE OF PERFORMANCE OF WORK. Consultant will perform services off site except for those requiring contact with employees, which shall be performed on site. 4. RELATIONSHIP OF PARTIES. Consultant is an independent contractor who shall set Consultant's own time, place, location and method of performing services. Consultant is not entitled to employment benefits from the Client and shall pay Consultant's own Social Security costs as a self-employed individual. 5. TERM OF CONTRACT AND TERMINATION Work performed under this contract will be started so that completion is accomplished no later than December 31, 1993 It is contemplated that the work should take about 120 days. The Contract may be terminated by either party with or without cause Consultant's termination of the contract without cause shall result in no obligation on the Client's part to pay any part of the contractual fee. micr/Carni lvc-Perry Contractsc(m)w) • • 6. CONTACT PERSON The Client shall designate one individual as a contact person. That individual is authorized to review Consultant's efforts and to approve or disapprove ideas. For purposes of this contract, until further written notice, the individual shall be Bruce R. Bates. 7. NO ASSIGNMENT OF PERFORMANCE. The contractual obligations herein are personal in nature. No assignment of any task required by this contract shall be made without the City's written consent. 8. BILLING AND COST OF SERVICE. Consultant will bill services at a fee of $70 00 per hour, up to a maximum fee of $5,000 00 Consultant will provide such hours as Consultant believes are reasonably required to accomplish the tasks. Consultant will submit statements directly to the Client at the end of each month, and Client shall pay Consultant within ten (10) days thereafter A minimum estimate of this project is $3,080.00 representing 44 hours of work. 9. NO DISCRIMINATION During the performance of this contract, Consultant shall not discriminate on the basis of color, sex, religion, national origin, creed, or the presence of any sensory, mental, or physical handicap 10. RISK AND INSURANCE. The parties recognize that litigation is a continuing problem. The Client is self-insured and prepared to defend any suit brought on account of breach of federal, state, or local rules, regulations, or laws with regard to matters covered by the consulting contract by which Consultant provides services The Client releases and agrees to indemnify Consultant from suits, claims or actions, which are covered and insured by any insurance policy, or which are otherwise filed as a result of decisions made by the Client or which the Client would have taken regardless of Consultant's involvement or which are contrary to the advice or recommendations of Consultant, and shall indemnify Consultant as to any matter or action which is not decided by a court of law adversely to the Consultant (except those caused with fault or negligence of Consultant) 11. WHOLE AGREEMENT This agreement is the entire understanding of the parties. No changes to this Contract shall be of any force and effect unless signed by both parties. 12. This Contract is governed by the law of the State of Washington. Venue lies in Yakima County, Washington. The prevailing party in any action to enforce the terms of this Contract shall be entitled to a reasonable attorney's fee misc/Carol Dvs-Perry Contractsc(m1w) 2 CLIENT Carol Davis -Perry, CONSULTANT Signature Date a1at-- /593 ATTEST >d) /ecda—e-ch. City Clerk CITV C'"TRArT NO. -33R 333 misc/Carol Dvs-Perry Contract.sc(mlw) Signa u e Date • • • Attachment "A" The City's completed CHP will follow the format outlined in the draft table of Contents listed below CHEMICAL HYGIENE PLAN Table of contents of CHP SECTION 1 Policy statement relating to the safe use of hazardous chemicals Designation & Duties of the Chemical Hygiene Officer and Hygiene Committee Plan review and update policy Committee meetings List of Hazardous Chemicals SECTION 2 Safety and Health Policies and Standard Operating Procedures General Safety Procedures Flammable Materials Corrosive Materials Compressed Gases Biohazards - Infection Control Policy & Procedures Physical Hazards. Electrical & Glassware SECLION 3 Controls PPE, Spill Response, Hygiene Practices, Chemical Storage and Engineering Controls Personal Protective Equipment • Eye Protection • Hand Protection • Body Protection • Respiratory Protection Hygiene Practices & Emergency Showers Fire Protection & Emergency Response Procedures Chemical Spill Response Basic Chemical Storage Practices Ventilation SECTION 4 Exposure Monitoring SECTION 5 Medical Assurance and Surveillance Program SECTION 6 Prior Approval Procedures for non -routine & hazardous procedures SECTION 7 Carcinogens and Highly Toxic Chemical Handling Procedures SECTION 8 Employee Training and Information - Hazard Communication Program Page 1 Chemical Hygiene Plan • • • Employee information & training • Chemical training • Chemical protective clothing and use SECTION 9 Chemical Disposal SECTION 10 References Page 2 Chemical Hygiene Plan • Summary of 1910 1450 Laboratory Rules • 29 CFR 1910 1450 Occupational Exposure to Hazardous Chemical in Laboratories Standard • Attachment "B" Scope of Services for Development of a Chemical Hygiene Plan for the City of Yakima Wastewater Treatment Facility •The Chemical Hygiene Plan (CHP) developed by the City through the services of a Consultant must meet the intent of the Department of Labor OSHA Laboratory rules 29 CFR 1910 1450 and WAC 296-62-400 •The CHP must be designed while considering site specific conditions and capable of protecting employees from health hazards in the laboratory •The CHP must contain a minimum of the following elements •Development of safety procedures to be followed when laboratory work involves handling hazardous chemicals •Development of cnteria to determine the implementation of control measures to reduce employee exposures to hazardous chemicals including engineering controls, personal protective equipment, (PPE), and hygiene practices •Development of procedures that ensure fume hoods and other protective equipment are functioning properly and specific measures to ensure proper and adequate performance of equipment, such as frequency and criteria for inspections of equipment • •Outline and describe requirements and proposed methods for employee training and information on chemical safety •A description of circumstances under which a particular laboratory operation, procedure or activity shall require prior approval or direct supervision by the immediate supervisor • •Identify any requirements for medical examinations, surveillance and consultations for laboratory personnel Page 3 Chemical Hygiene Plan • • ATTACHMENT "C" ACTIVITY COORDINATION IN DEVELOPING A CHEMICAL HYGIENE PLAN The required activities listed below for the development of the CHP will require the coordinated efforts of the City and/or the Consultant. Activity Responsible Part y Review existing Laboratory regulations, required chemical hygiene regulations, plant safety manual, and the laboratory quality assurance manual and meet with the person(s) who will serve as the chemical hygiene officer. Consultant Develop an inventory of all the chemicals used in the laboratory and determine the potential toxicity and hazard level of the chemicals City Identify how the chemicals are used, especially those that OSHA City regulation identifies as highly toxic or cancer agents Insure Consultant that chemicals are used and disposed within appropriate safety procedures. and Evaluate the effectiveness of current procedures relating to safety and health issues when using these chemicals and any training materials or procedures developed for Hazard Communication, and recommend appropriate changes. City and Consultant Inventory all Personal Protective Equipment and safety equipment that are available, and determine effectiveness. Air monitoring may be appropriate for highly toxic materials to provided additional objective data on the effectiveness of the controls Evaluate effectiveness and initiate appropriate changes when required City Consultant and Review policies that relate to Medical Surveillance and exposure monitoring. Determine the level of need for laboratory staff City and Consultant As this information is developed, the overall written plan should be drafted. Consultant Page 4 Chemical Hygiene Plan