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)
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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)
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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
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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
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• 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
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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
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•Identify any requirements for medical examinations, surveillance and
consultations for laboratory personnel
Page 3
Chemical Hygiene Plan
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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