HomeMy WebLinkAboutContracts & Agreements_19-2003_CCv0001.pdf REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
February 25, 2003
Agreements 03-180, 03-181
FROM: PETER R. HILLS, Fire Chief/Fire Warden
San Bernardino County Consolidated Fire District
SUBJECT: AGREEMENTS WITH THE CITIES OF REDLANDS AND NEEDLES, FOR
PARTICIPATION IN THE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM
RECOMMENDATION: Acting as the governing body of County Service Area 70, San Bernardino
County Consolidated Fire District (County Fire), approve the following Agreements:
1. Approve Agreement No. 03-180, with the City of Redlands for participation in the County's
Household Hazardous Waste Collection Program, from February 25, 2003 through June
30, 2007, in the approximate annual amount of $51,122.
2. Approve Agreement No. 03-181, with the City of Needles for participation in the County's
Household Hazardous Waste Collection Program, from July 1, 2002 through June 30,
2007, in the approximate annual amount of$3,968.
BACKGROUND INFORMATION: The California Public Resources Code requires cities and
counties to provide a Household Hazardous Waste Collection Program for the safe collection,
recycling, treatment and disposal of hazardous waste which is generated by households in the
city or county and which should be separated from the solid waste stream.
The County of San Bernardino and the 22 cities and 2 towns within the county have developed a
countywide cooperative program for the management of Household Hazardous Waste. The
existing Household Hazardous Waste Collection program operated by County Fire is responsible
for the safe management of hazardous waste. The Cities of Redlands and Needles desire to
protect the health and welfare of the public and their personnel through the removal of hazardous
waste from homes, so that such materials will pose no danger in the event of fire. County Fire will
provide Household Hazardous Waste management services to the Cities of Redlands and
Needles and in return will receive a combined approximate annual revenue amount of $55,090,
beginning in fiscal year 2002/03, with a 3% inflationary increase for each succeeding year during
the term of these Agreements, from July 1, 2002 to June 30, 2007 (Needles) and from February
25, 2003 to June 30, 2007 (Redlands). These multi-year Agreements are being agendized as
negotiations with the various cities are completed.
In accordance with this Agreement, County Fire will be responsible for managing Household
Hazardous Waste generated by the residents of the Cities of Redlands and Needles, in addition
to assisting with public education activities, and providing annual waste reports to the Cities.
These contracts contain mutu I hold 1-armless provisoon.
Record of Action of the Board of Supervisors
AGREEMENT 03-180, 03-181
cc: Consolidated Fire-Hills
Consolidated Fire-Wallace w/ . .
agreements APPROVED(bNlSENT CALENDAR)
Contractors w/agreements c/o >POARD OF SUPERVISORS
Fire COUNTY OF SAN BERNARDINO
Auditor w/agreements MOTION MOVAYE AYE SECOND
IDS w/agreements n " s 4 5
Risk Management R.K TWE 60A
g J. RENEE T�►I���.Ck.E ;
County Counsel-Runyanr,. I �
Fire-Briety BY
ED/PSG-Goss � '� �
File S agreements DATIED: February 25, 200 '
Rev 07/97
sg ITEM 015
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
AGREEMENTS WITH THE CITIES OF REDLANDS AND NEEDLES,FOR PARTICIPATION IN THE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM
FEBRUARY 25,2002
PAGE 2 OF 2
REVIEW BY OTHERS: This item has been reviewed by County Counsel (Scott Runyan) on January
27, 2003 and has been received by the County Administrative Office (Wayne Thies, Administrative
Analyst) on February 13, 2003.
FINANACIAL IMPACT: Prior to this action, the Board has approved 21 of the 24 city and town
Household Hazardous Waste (HHW) Collection Program multi-year Agreements, and I (excluding
this action) remains to be presented for future consideration.
Beginning in fiscal year 2002/03, these 21 approved Agreements collectively generate annualized
revenue of approximately $912,291 and this revenue is the funding source for the HHW Collection
Program. These Agreements contain 3% inflationary provisions for each succeeding year during their
term through June 30, 2007.
These two recommended Agreements will collectively provide additional annualized revenue of
approximately $55,090. By the end of the fiscal year 2002103, the District Budget (SKX-106) will
realize revenue from the City of Redlands in the amount of $51,122, and $3,968 from the City of
Needles.
SUPERVISORIAL DISTRICT(S): First and Third
PRESENTER: PETER BRIERTY
FOR COUNTY USE ONLY
Code Vendor oe De Contract Number
New SC Dt�
Chancre CFD A 03-
�em ON
Cancel
District County ServiceuOryn. 's License No.
Area 70,Consolidated Fire Dept. Contractor
District
Telephone Total Contract Amount
District Contract Representative ly;
District lonie Wallace 382-5401 Total
$51,122 per year
Contract Type
FAS IT Revenue Fj Encumbered F-1 Unencumbered ❑ Other:
STANDARD CONTRACT If not encumbered or revenue contract type,provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
February 25, June 30, 2007
Fund Dept. Organization Appr. 0 bj/Rev Sour GRC/PROJ OB No. Amount
— -— r.
SIX 106 160 9800
Fund --Dept. organization Appr. Obi/Rev Source GRC/IROJ/JOB No. Amount
—Fund— Dept. Organization:tAp—pr. 7bj/Rev SourceGRC/PROJ/JOB No. Amount
L
Project Name Estimated Payment Total by Fiscal Year
Household Hazardous I/D FY Amount I/D
Waste Agreement FY Amount
THIS CONTRACT is entered into in the State of California by and between County Service Area 70, hereinafter called the
District, and
Name City of Redlands hereinafter called City
Address
P. O. Box 3005
Telephone Redlands, CA 92373 Federal ID No.or Social Security No.
(909)798-7600 —
IT IS HEREBY AGREED AS FOLLOWS:
sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion,
(Use space below and additional bond she speccations,and addenda,if any.)
determination of satisfactory performance and cause for termination,other terms and conditions,and attach plans,
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FOR CITIES WITH COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE
AGREEMENT
IT IS HEREBY AGREED TO AS FOLLOWS:
This Agreement is made and entered into between the San Bernardino County Service Area 70
Consolidated Fire District, hereinafter referred to as "County" and the City of Redlands hereinafter
referred to as the "City".
RECITALS:
WHEREAS, the California Public Resources Code requires cities and counties to prepare a Household
Hazardous Waste Element which identifies a program for the safe collection, recycling, 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 county-wide cooperative program for
the management of Household Hazardous Waste; and,
WHEREAS, the existing Household Hazardous Waste program operated by the County is consistent
with the adopted HHWE; and,
WHEREAS, the County Fire Department, Division of Hazardous Materials, is a division of the County
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 event of fire.
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 operate a Household Hazardous Waste Collection Facility (hereinafter referred
to as "Facility") for the County at the following location: City of Redlands, City Yard, 500 Kansas St.,
in accordance with "The Satellite Facilities Operations Manual" (hereinafter referred to as
"Operations Manual"). Employees of the City who have current training by the County will accept
only household hazardous waste. The City will label, categorize, and pack the wastes in
accordance with the Operations Manual. The wastes will be stored in their original packaging
(except used motor oil and used antifreeze) and placed in the County-provided containers inside the
waste storage area (located within the fenced area of the Facility).
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2. The City 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, including hand washing, for use by City and County
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. The City shall notify and obtain approval from the County prior to making any changes in the
maintenance and/or operation of the Facility. The City shall notify the County of any changes in the
management of the Facility.
7. Indemnification - City agrees to indemnify and hold harmless the County, its officers, agents,
employees or volunteers from any and all claims, actions or losses, damages, and/or liability
resulting from the City's negligent acts or omissions which arise from the City's performance of its
obligations under this agreement
In the event, the County and/or the City is found to be comparatively at fault for any claim, action,
loss or damage which results from their respective obligations under the Agreement, the County
and/or City shall indemnify the other to the extent of its comparative fault.
Furthermore, if the County or City attempts to seek recovery from the other for Workers'
Compensation benefits paid to an employee, the County or City agree that any alleged negligence
of the employee shall not be construed against the employer of that employee.
8 Insurance - Without in anyway affecting the indemnity herein provided and in addition thereto, the
City shall secure and maintain throughout the contract the following types of insurance with limits as
shown:
Workers' Compensation - A program of Workers' Compensation Insurance or a state-approved
Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor
Code of the State of California, including Employer's Liability with $250,000 limits, covering all
persons providing services on behalf of the City and all risks to such persons under this Agreement.
Comprehensive General and Automobile Liability Insurance or Self-Insurance - This coverage
to include contractual coverage and automobile liability coverage for owned, hired, and non-owned
vehicles. The policy shall have combined single limits for bodily injury and property damage of not
less than one million dollars ($1,000,000).
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Additional Named Insured - All policies, except for the Workers' Compensation, Errors and
Omissions and Professional Liability policies, shall contain additional endorsements naming the
County and its officers, employees, agents and volunteers as additional named insureds with
respect to liabilities arising out of the performance of services hereunder.
Waiver of Subrogation Rights - City shall require the carriers of the above required coverages to
waive all rights of subrogation against the County, its officers, employees, agents, volunteers,
contractors and subcontractors.
Policies Primary and Non-Contributory - All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by the County.
Proof of Coverage - City shall immediately furnish certificates of insurance to the County
Department administering the contract evidencing the insurance coverage, including endorsements,
above required prior to the commencement of performance of services hereunder, which
certificates shall provide that such insurance shall not be terminated or expire without thirty (30)
days written notice to the Department, and City shall maintain such insurance from the time City
commences performance of services hereunder until the completion of such services. Within sixty
(60) days of the commencement of this Agreement, the City shall furnish certified copies of the
policies and all endorsements.
Insurance Review - The above insurance requirements are subject to periodic review by the
County. The County's Risk Manager is authorized, but not'required, to reduce or waive any of the
above insurance requirements whenever the Risk Manager determines that any of the above
insurance is not available, is unreasonably priced, or is not needed to protect the interests of the
County. In addition, if the Risk Manager determines that heretofore unreasonably priced or
unavailable types of insurance coverage or coverage limits become reasonably priced or available,
the Risk Manager is authorized, but not required, to change the above insurance requirements to
require additional types of insurance coverage or higher coverage limits, provided that any such
change is reasonable in light of past claims against the County, inflation, or any other item
reasonably related to the County's risk.
Any such reduction or waiver for the entire term of the Agreement and any change requiring
additional types of insurance coverage or higher coverage limits must be made by amendment to
this Agreement. City agrees to execute any such amendment within thirty (30) days of receipt.
9. Contract Compliance — City agrees to comply with all applicable Federal, State and County laws,
regulations and policies in carrying out its responsibilities under this contract.
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RESPONSIBILITIES AND DUTIES OF THE COUNTY
10. The County acting as the generator of the household hazardous waste shall assume responsibility
for maintaining the necessary site permits and the responsibility for the management,
transportation, recycling and disposal of the materials and waste collected at the site.
11. The County will provide one County employee to assist in the operations of the Facility.
12. The County agrees to assist in the operations of the Facility every Saturday of the year excluding
County Holidays.
13. The Facility will be open to the public from 9:30 a.m. to 12:30 p.m. County personnel will be
present from 8:30 a.m. to 1:30 p.m. preparing for opening and closing the Facility and doing the
post operation inspection.
14. All personnel provided by the County 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.
15. The operations at the Facility will be directed by, and County personnel shall be trained according
to, the "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 the California Environmental Protection Agency's Department of Toxic
Substance Control. If there are any changes to the "Satellite Facilities Operations Manual", the
County shall provide special training sessions to County personnel as soon as practicable with
respect to said changes.
16. The "Satellite Facilities Operations Manual" shall be consistent with or exceed all state and federal
regulations applicable to Household Hazardous Waste facilities and will be amended as necessary.
17. County personnel will assist in labeling, categorizing, and packing the wastes in accordance with
the "Satellite Facilities Operations Manual". The wastes will be stored in their original packaging
(except used motor oil and used antifreeze) and placed in the provided and approved containers
inside the waste storage area located within the fenced area of the Facility.
18. The County shall provide a secure storage shed. The County will also provide County-approved
waste storage containers that meet the specifications of the Department of Transportation 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 County shall belong to the
County, and the County shall remove all items and wastes from the Facility within thirty (30) days
following termination, unless other written arrangements are made.
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19. The County shall provide a 24-hour emergency response capability to respond to the Facility and
mitigate any emergency that may arise at the Facility as a result of operations.
20. The County shall either remove the wastes or independently contract with a licensed hazardous
waste hauler to remove the accumulated wastes, as needed, and to recycle or dispose of wastes at
an approved facility.
21. The County shall provide an annual report to the City that shall include the amounts and types of
waste collected, participation by jurisdiction, and final disposition of the waste.
22. Indemnification - County agrees to indemnify and hold harmless the City its officers, employees,
agents, volunteers from any and all claims, actions or losses, damages, and/or liability resulting
from the County's negligent acts or omissions which arise from the County's performance of its
obligations under this Agreement.
In the event, the County and/or the City is found to be comparatively at fault for any claim, action,
loss or damage which results from their respective obligations under the Agreement, the County
and/or City shall indemnify the other to the extent of its comparative fault.
Furthermore, if the County or City attempts to seek recovery from the other for Workers'
Compensation benefits paid to an employee, the County or City agree that any alleged negligence
of the employee shall not be construed against the employer of that employee.
23. Insurance - The County is a self-insured public entity. Upon request, the County will provide a
"Certificate of Self-insurance" to the City.
24. Contract Compliance—County agrees to comply with all applicable Federal, State and County laws,
regulations and policies in carrying out its responsibilities under this contract.
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CONSIDERATION
25. In consideration for the services provided, the City shall pay the County each quarter for fiscal year
2002/2003, (July 15, October 15,January 15, and April 15), an amount calculated by the following
equation: A = 0.25 (P) (F) - $2,500 + ($2,218) where
A = amount owed each quarter;
P = the population of the City for that year as estimated by the State of California
Department of Finance;
F = $0.80 per capita;
0.25 provides the quarterly payment amount;
$2,500 = quarterly discount for staffing collection facility;
$2,218 = quarterly dollar value of County staff services for assisting in the operation of
the Facility deducted from City's allotment of California Integrated Waste
Management Board Used Oil Block Grant award.
The City shall pay the County each quarter, fiscal years 2003/2004, 2004/2005,2005/2006 and
2006/2007 (July 15, October 15, January 15, and April 15), an amount calculated by the
following equation: A = 0.25 (P) (F) (PF) - $2,575 + ($2,218) where
A = amount owed each quarter;
P = the population of the City for that year as estimated by the State of California
Department of Finance;
F = $0.80 per capita;
PF = 1.03 representing annual 3% increase (compounded annually)
0.25 provides the quarterly payment amount;
$2,575 = quarterly discount for staffing collection facility;
$2,218 = quarterly dollar value of County staff services for assisting in the operation
of the Facility deducted from City's allotment of California Integrated Waste
Management Board Used Oil Block Grant award.
TERM AND TERMINATION
26. This Agreement shall be effective upon its execution by the governing bodies of both City and
County and shall remain in effect through June 30, 2007 but may be renewed for specified periods,
unless, otherwise terminated or amended.
27. Notwithstanding the foregoing, either party may terminate this contract at any time upon 90 days
prior written notice to the other party.
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28. Notwithstanding the foregoing, if either party to this Agreement fails to perform any material
obligation under this Agreement, then, in addition to any other remedy provided by law, the other
F-3
party may terminate this Agreement immediately upon written notice. F-3
tri
County Servi rea 70 City of Redlands
(Print or type name of rp t' company,contrarror,etc.) L--"
0
By
Dennis Tiansberger, Chairman, BArd of Supervisors (Authorized signature-sign in blue ink) (D
Dated: FEB 2 5 2003 Name Karl N. Haws 0
"I
(Print or type name of person signing contract)
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEDELIVERED,TO THE Title Mayor
W-
CHAIRMAN OF THF,5 ,ARD (Print or Type
Cho.
kof.th the,Bo&rof Supervis s Dated: February 4, NO3 n.
of the count)�o S n Bernardin
Address
By 35 Cajon Street, P. 0. Box 3000
By
Dep (D
Redlands , CA 92373 f-1
Fo --17
Approved as to Legal E' Reviewed by Contract Compliance Revie r ProcessinLL t
-i� I I I
Ilk
11N- 11N- I MIAE
County Counsel—Scott M. Runy4n,Deputy Agency Administrator/CAO
Date ) - -Z 7- o-3 Date Date
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