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HomeMy WebLinkAboutContracts & Agreements_128-2017 REPORTIRECOMMENDATION TO THE BOARD OF DIRECTORS OF THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND RECORD OF ACTION July 25, 2017 FROM' MARK A HARTWIG, Fire Chief/Fire Warden San Bernardino County Fire Protection District SUBJECT. REVENUE AGREEMENTS FOR PARTICIPATION IN THE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM RECOMMENDATION(S) Acting as the governing body of the San Bernardino County Fire Protection District, approve revenue agreements with the following cities and town for participation in the Household Hazardous Waste Collection Program from July 1, 2017 through June 30, 2022 1 City of Chino in the total amount of $492,693 Agreement No.17-636 2 City of Chino Hills in the total amount of$561,398 Agreement No.17-637 3 City of Hesperia in the total amount of$834,950 Agreement No.17-638 4 City of Ontario in the total amount of$1,468,454. Agreement No 17-639 5 City of Rancho Cucamonga in the total amount of$1,206,194 Agreement No.17-640 6 City of Redlands in the total amount of$511,324 Agreement No 17-641 7 Town of Yucca Valley in the total amount of$151,366 Agreement No.17-642 (Presenter: Michael Horton, Fire Marshal, 386-8410) COUNTY AND CHIEF EXECUTIVE OFFICER GOALS AND OBJECTIVES Provide for the Safety, Health and Social Service Needs of County Residents. Pursue County Goals and Objectives by Working with Other Agencies FINANCIAL IMPACT Approval of these agreements will not result in the use of additional Discretionary General Funding (Net County Cost) because these cities and town will compensate the San Bernardino County Fire Protection District (SBCFPD) for their costs of participating in the Household Hazardous Waste (HHW) Collection Program The following table summarizes the total amount of contract revenue, by fiscal year, from the six cities and one town- Fiscal Year Annual Revenue 2017-18 $ 984,412 2018-19 $ 1,013,945 Page 1 of 2 cc SBCFPD-Ronchetti w/agrees Record of Action of the Board of Directors Contractor Go SBCFPD w/agree ATC-Accts Pay Mgr w/agrees APPROVE S LENDAR) SBCFPD-Hartwig,Horton COU , SAN-13 , DINO CAO-Forster San Bernarg�ounty Fire Pr ion District File-w/agree . -4 ill 07/26/17 MOTION AYE wAVVE AYE COND AYE 1 3 4 5 LAURA H WEL TARX B FOR OFFICIAL USE ONLY New FAS Vendor Code �+ Dept Contract Number El Change SC A II.Llq I ❑ Cancel ePro Vendor Number ePro Contract Number Dept Orgn Contractor's License No F1RE 5AN BERNARDINO COUNTY FPD 107 160 Contract Representative Telephone Total Contract Amount SAN BERNARDINO COUNTY Monica Ronchetti (909382 5401 Not to Exceed$511,323 66 FIRE PROTECTION Contract Type DISTRICT M Revenue ❑ Encumbered ❑ Unencumbered F1 Other FAS I If not encumbered or revenue contract type, provide reason Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount CONTRACT July 1, 2017 June 30, 2022 $ $ Fund Dept Organization Appr Obj/Rev Source GRCIPROJIJOB No Amount FHH 107 160 8842 i $ Fund Dept Organization Appr ObjlRev Source GRC/PROJIJOB No Amount 1 1 $ Fund Dept Organization Appr ObjlRev Source GRC/PROJIJOB No Amount $ Project Name Estimated Payment Total by Fiscal Year FY Amount 1/D FY Amount IID Household Hazardous 17/18 $96,31015 _ 20121 $105,24070 Waste Agreement with 18119 $99,19945 21122 $108,397 922 Collection Facility 19120 $402175.44 THIS CONTRACT is entered into in the State of California by and between the SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT, hereinafter called the SBCFPD, and Name City of Redlands hereinafter called CITY Address P O Box 3005 Redlands, CA 92373 Telephone Federal ID No or Social Security No (909) 798-7600 IT IS HEREBY AGREED AS FOLLOWS (Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid manner of payment time for performance or completion determination of satisfactory performance and cause for termination other terms and conditions,and attach plans,specifications, and addenda if any) HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT This Agreement Is made and entered Into between the San Bernardino County Fire Protection District, hereinafter referred to as "SBCFPD" and the City of Redlands hereinafter referred to as the "CITY" RECITALS WHEREAS, the California Public Resources Code (Section 47000 et seq ) requires cities and counties to prepare a Household Hazardous Waste Element which identifies a program for the safe collection, recycling, Auditor-ControlleriTreasurer/Tax Collector Use only 0 Contract Database 13 FAS Input Date I Keyed By CJ�ne � of 7 treatment and disposal of hazardous wastes which are generated by households in the City or county and which should be separated from the solid waste stream, and, WHEREAS, the County of San Bernardino and each of the cities in the County have developed Household Hazardous Waste Elements (HHWE) which identify a countywide cooperative program for the management of Household Hazardous Waste, and, WHEREAS, the existing Household Hazardous Waste program operated by the SBCFPD is consistent with the adopted HHWE, and, WHEREAS, the SBCFPD's Division of Hazardous Materials, is a division of SBCFPD responsible for the safe management of hazardous waste, and, WHEREAS, the CITY desires for the protection health and welfare of the public and its personnel, the removal of hazardous waste from homes so that such materials will pose no danger in the event of fire, the prevention of potential environmental degradation and the conservation of resources through recycling NOW, THEREFORE, in consideration of mutual covenants and conditions the parties hereto agree as follows WITNESSETH RESPONSIBILITIES AND DUTIES OF THE CITY 1 The CITY agrees to allow the operation of a Household Hazardous Waste Collection Facility (hereinafter referred to as "Facility") for the SBCFPD and CITY at Redlands City Yard, 500 Kansas St, Redlands, California The CITY approves the Facility's storage area(s) of ignitable and/or reactive waste designated by the SBCFPD The CITY approves the Facility's traffic control which is directed by authorized staff 2 The CITY shall operate the Facility as described in this agreement and shall be responsible for maintenance of Facility property and for the safety of persons and materials on this property It shall not be necessary for the CITY to have a person present at all times on the site where the waste will be stored 3 The CITY shall provide water service for OSHA required safety shower and eyewash equipment at the Facility 4 The CITY shall provide on-site restroom facilities for use by SBCFPD personnel during the hours the Facility is occupied 5 The CITY shall publicize to its residents the need to properly recycle, reduce, store, transport and dispose of Household Hazardous Waste and inform its residents of the availability of the Facility for the safe management of Household Hazardous Waste 6 Acireement Compliance CITY agrees to comply with all applicable Federal, State and County laws, regulations and policies in carrying out its responsibilities under this Agreement RESPONSIBILITIES AND DUTIES OF THE SBCFPD 7 The SBCFPD will continue to operate a comprehensive Household Hazardous Waste Program (Program) for the safe collection, recycling, treatment and disposal of household hazardous waste including universal waste, home-generated sharps and pharmaceutical waste excluding controlled substances The SBCFPD program shall be based on a Central Processing Facility and a regional network of collection centers sited so as to provide safe, convenient service to the public in a cost-effective manner 8 The SBCFPD shall act as the generator and transporter of the Household Hazardous Wastes, and shall assume responsibility for maintaining the necessary site and transportation permits Further, the SBCFPD will train CITY personnel and provide the Operations Manual, which designates waste to be accepted, defines a categorization scheme for wastes anticipated, and specifies emergency procedures to be followed The SBCFPD shall continue to provide an initial 32-hour training course for new Household Hazardous Waste personnel of the CITY and a subsequent annual 8-hour "refresher" training course for CITY Household Hazardous Waste employees If there are changes to the Operations Manual, written notification and/or special training sessions shall be provided to the CITY at least thirty (30) days prior to their effective date The Operations Manual shall be consistent with all state and federal regulations applicable to Household Hazardous Waste facilities and amended as necessary 9 The SBCFPD shall provide a secure storage shed The SBCFPD will also provide approved waste storage containers, meeting Department of Transportation specifications for the disposal of hazardous waste and sufficient absorbent materials for overpacking the waste containers At the termination of this contract, all items provided by the SBCFPD shall belong to the SBCFPD, and the SBCFPD shall remove all items and wastes from the Facility within thirty (30) days following termination, unless other written arrangements are made The SBCFPD will provide an Emergency Coordinator to offer support and assistance to the CITY during Facility operating hours excluding County observed holidays 10 The SBCFPD shall either remove the wastes or independently contract with a licensed hazardous waste hauler to remove the accumulated wastes, monthly, and to recycle or dispose of wastes at an approved facility, at no additional cost to the CITY 11 The SBCFPD will provide one County employee through the duration of time that the SBCFPD manages the CITY's Oil Payments Program Funds, to assist in the operations of the Facility every Saturday of the year, excluding inclement weather and County Holidays 12 The operations at the Facility will be directed by, and SBCFPD personnel shall be trained according to, the "Satellite Facilities Operations Manual", which designates waste to be accepted, defines a categorization scheme for wastes anticipated, and specifies emergency procedures to be followed This document is referenced in and required by the Permit by Rule authorization to operate which is issued by San Bernardino County Certified Unified Program Agency If there are any changes to the "Satellite Facilities Operations Manual", the SBCFPD shall provide special training sessions to SBCFPD personnel as soon as practicable with respect to said changes 13 All personnel provided by the SBCFPD are employees of the County, and, as such, will be supervised and trained by the County In particular, all County employees will be trained to meet or exceed Cal OSHA requirements 14 SBCFPD shall provide an annual report to the CITY, which shall include the amounts and types of waste collected, and participation by jurisdiction 15 SBCFPD shall compile and provide to the California Department of Resources Recycling and Recovery (CalRecycle), the Department of Toxic Substances Control, and the Certified Unified Program Agency, the Annual Form 303 Report CONSIDERATION 16 In consideration for the services provided, CITY shall pay the SBCFPD the following amount not to exceed $511,32367 Fiscal year Annual amount Amount per quarter 2017/2018 $96,31015 $24,07754 2018/2019 $99,19945 $24,79986 2019/2020 $102,17544 $25,54386 2020/2021 $105,24070 $26,31018 2021/2022 $108,39792 $27,09948 Payment due on July 15, October 15, January 15, and April 15 TERM AND TERMINATION 17 This Agreement shall be effective July 1, 2017 and shall remain in effect through June 30, 2022, but may be renewed for specified periods, unless, otherwise terminated or amended 18 Notwithstanding the foregoing, either party may terminate this Agreement at any time upon 90 days prior written notice to the other party INSURANCE AND INDEMNIFICATION 19 CITY and SBCFPD are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement 20 SBCFPD agrees to indemnify, defend (with counsel reasonably approved by CITY) and hold harmless CITY, its officers, employees, agents and volunteers, from any and all claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions of any person and for any costs or expenses incurred by CITY on account of any claim, except where such indemnification is prohibited by law This indemnification provision shall apply regardless of the existence or degree of fault of indemnities The SBCFPD's indemnification obligation applies to CITY's "active" as well as "passive" negligence but does not apply to CITY's "sole negligence" or "willful misconduct" within the meaning of Civil Code section 2782 21 CITY agrees to indemnify, defend (with counsel reasonably approved by SBCFPD) and hold harmless SBCFPD, its officers, employees, agents and volunteers, from claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions of any person and for any costs or expenses incurred by CITY on account of any claim, except where such indemnification is prohibited by law This indemnification provision shall apply regardless of the existence or degree of fault of indemnities The CITY's indemnification obligation applies to SBCFPD's "active" as well as "passive" negligence but does not apply to SBCFPD's "sole negligence" or "willful misconduct" within the meaning of Civil Code section 2782 22 In the event SBCFPD and/or CITY are found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, SBCFPD and/or CITY, as applicable, shall indemnify the other to the extent of its comparative fault Notwithstanding indemnification for any claim, action, loss, or damage involving a third party, SBCFPD and CITY hereby waive any and all rights of subrogation recovery against each other 23 Furthermore, if SBCFPD or CITY attempts to seek recovery from the other for Workers' Compensation benefits paid to an employee, SBCFPD and CITY agree that any alleged negligence of the employee shall not be construed against the employer of that employee GENERAL TERMS AND CONDITIONS 24 Representation of the SBCFPD In the performance of the Agreement, CITY, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the SBCFPD 25 Chance of Address CITY shall notify the SBCFPD in writing of any change in mailing address within ten (10) business days of the change 26 Agreement Assiqnabilitv Without the prior written consent of the SBCFPD, the agreement is not assignable by CITY, either in whole or in part 27 Aqreement Amendments CITY agrees that any alterations, variations, modifications, waivers, or provisions of the Agreement shall be valid only when reduced to writing, duly signed, and attached to the original Agreement and approved by the required persons of both CITY and SBCFPD 28 Correction of Performance Deficiencies Failure by CITY to comply with any of the provisions, covenants, requirements or conditions of this agreement shall be a material breach of this agreement In the event of a non-cured breach, SBCFPD may, at its sole discretion and in addition to immediate termination and any other remedies available at law, in equity, or otherwise specified in this Contract A Afford CITY thereafter a time period within which to cure the breach, which period shall be established at sole discretion of SBCFPD, and/or, B Terminate this Contract 29 Attornev Fees and Costs If any legal action is instituted to enforce any party's rights hereunder, each party shall bear its own costs and attorneys' fees, regardless of who is the prevailing party This paragraph shall not apply to those costs and attorneys' fees directly arising from a third-party legal action against a party hereto and payable under INDEMNIFICATION paragraphs 30 Venue and Governina Law The venue of any action or claim brought by any party to this Agreement will be the Central District Court of San Bernardino County Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue If any action or claim concerning this Agreement is brought by any third-party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District Court of San Bernardino County This contract shall be governed by the laws of the State of California 31 Notification In the event of a problem or potential problem that will impact the level of performance under this Agreement, the CITY shall notify the SBCFPD within one (1) working day, in writing and by telephone 32 Former County and SBCFPD Officials CITY agrees to provide or has already provided information on former San Bernardino County and SBCFPD administrative officials (as defined below) who are employed by or represent CITY The information provided includes a list of former County and SBCFPD administrative officials who terminated COUNTY or SBCFPD employment within the last five years and who are now officers, principals, partners, associates or members of the business The information also includes the employment with or representation of CITY For purposes of this provision, "County administrative official" is defined as a member of the Board of Supervisors or such officer's staff, County Administrative Officer or member of such officer's staff, County or SBCFPD department or group head, assistant department or group head, or an employee in the Exempt Group, Management Unit, or Safety Management Unit 33 Inaccuracies or Misrepresentations If in the course of or the administration of this Agreement SBCFPD determines that CITY has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the SBCFPD, this Agreement may be immediately terminated If the Agreement is terminated according to this provision, the SBCFPD is entitled to pursue any available legal remedies 34 Waiver No delay on the part of either party in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any power or right preclude any other or further exercise thereof of any other power or right No waiver by any party of any right hereunder or of any default shall be binding upon such party unless such waiver is in writing and signed by a duly authorized official of such party, and no waiver of any default or failure by such party to exercise any right hereunder shall operate as a waiver of any other or further exercise of such right or of any further default 35 Severabilitv If any provisions of this agreement, or portions thereof, or the application thereof to any circumstances shall be held invalid or unenforceable, the remainder of this agreement and the application thereof to other circumstances shall nevertheless be valid 36 Notices and Reports Any notices shall be addressed to the respective parties as set forth below SBCFPD Monica Ronchetti Supervising Hazardous Materials Specialist Household Hazardous Waste Program 2824 East'W' Street San Bernardino, CA 92415-0799 CITY Dempsy Chappell City of Redlands P O Box 3005 Redlands, CA 92373 37 Entire Acireement A This agreement is intended by the parties hereto as a final expression of their agreement and understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms hereof and supersedes any and all prior and contemporaneous agreements and understandings B The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document IN WITNESS WHEREOF, the Board of Directors has caused this Agreement to be subscribed to by the Clerk thereof, and CITY has caused this Agreement to be subscribed on its behalf by its duly authorized officers, the day, month and year written SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT City of Re lands (Print or a f c company:co ractor, etc.) Robe PALLoovingood, Chairman, Board of Directors (Authorized signature-sign in blue ink) Dated 1L 2 5 2011 Name Paul Barich (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN D TO THE Title Mayor Pro Tempore CHAIRMAN OF THE B l\RI INO (Print or Type) .W Ich,, ary Dated �o�?O/1 7 ATTEST i Je Donaldson, City Clerk B V1 rt Address Cabo Street, P 0. Box 3005, eputy Redlands, CA 92373, �TErT100 Approved W to Legal Form`'` Reviewed by Contract Compliance Present to Board for Signature Couns�e Date [y"b- Z 1 Date Date � ' r