HomeMy WebLinkAboutContracts & Agreements_62-12_CCv0002.pdf REPORT/RECOMMENDATION TO i HE BOARD OF DIRECTORS
OF THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRIC I
AAD RECORD OF ACTION
July 1 U, ZU1 Z
FROM: MARK A. HARTWIG, Fire 0lliet
San Bernardino County Fire Protectiun District
SUBJECT: AGREEMENTS FOR PARTICIPA t lute IN i hE HOUSEHOLD HAZARDOUS
WAS i E COLLECTION PROGRAM
RECOMMENDATION(S)
Autiny as the yuverniny busy of the San Bernardino County Fire Pruteutiun District, approve the
following agreements for pafficiyatiun in the Flousehold Hazardous Waste Colleutiun Pruyrar►i
tern July 1, ZU12 through Jane 307 2017:
1. Agruemunt Nu. 1 Z-4b5 witM the city uT Big Bear Cake in the annual amount uT $1 /,933 and a
total aggregate contract amount of$89,6b5.
Z. Ayucurnent Nu. 12-466 with the city of Loma Linda in the annual aurum it uT $29.588 and a
tutal ayyieyate wiitract afnuunt uT $14(_94U.
3. Agreement No. 12-467 with the City of Ran#-Mu Cucaniunya in the annual amount of
uzu,5to and a tutal ayyTeyatc contract amount of$1,102,875.
4. Agreement No. 12-468 with the City uT Rvaiands in the annual amount of $93,505 and a total
aggregate contract amount of $467,525.
5. Agreement Nu. 1Z-4by with the Uity of Yucaipa in the annual amount of $btti,92U and a total
aggregate contract amount of$334,6uu.
b. Ayreement Nu. 12-47U with the I own of Yucca Valley in the annual amuurtt of $27;680 and a
total ayyreyata wntraut aniuunt uT $1;3b,41JIU.
(Affected Districts: All)
(Piusunter: Iuiiie Wallace, InterirT1 Deputy Fire Marshal, 386-8407)
BUARD OF SUPERviSORS COUNTY GOALS AND OBJEC i IvES
Oper v in a Fisvahy Respunsible and Business-Like Manner.
Maintain PuBlic Safety.
Pursue County Goals and Objectives by Working with Othur Guvernmental Agencies.
FINANCIAL IMPACT
I he total revenue -and reiaated appropriation authority of $456,201 is inuluaCd in San Bernardino
County Fire Protection Distriuta (Uuunty Fire) 2U12-13 operating budget (FHH-1Ut-1bU) whiun
retlects the six agreements listed above and will 6e inuiuded in 50seyuent tiscal years' budgets
tnruuyn zuib-1 t. i here is riu net uuunty cost (discretionary general funaii y) assuciated with the
approval of this item.
Paye 1 uT Z
t;c: StsCFPD-vvariace Record�Dlbsolk
tioard of Directors
Hartwig
Contractor cro SBCFFUu Iayr�_ument APPKUCALENDAR)
Aoditui-ACcouitt5 Payable Manager COUNTY OF SA101 NARDINO
w/agreements San Bernardino County Flits Protection Disiri;t
EtsiA-BPO du RiSK Maiicyemei t
CAO-Brown MOTiury Mt7 AYE
_ AYE ATE
1-iIc-w/ayrcFineiit 1 2 4 5
M1 07/16/12
t LAURA R.WELC
BY
I I tm 5e �.
..mow-ts-� rSATCt1. L.t.. AA X1..4 f
FOR OFFICIAL USE ONLY
New FAS Vendor Code Dept. Contract Num68r
+� x 1771 Ga awl SC A
a /►� ePro vendor MumOer e"u uumtract Number
� w
Dept. Orgn. Contractors License no.
San Bernardino County Fire Protection District
Uvmtract Rvpe3Unt8tive I elepnlvne 1 otal GvntraCt Amount
SAN BERNARDINO COUNTY
FIRE PROTECTION Ionie Wallace 90ii35L-b40t $93,0u5 per yvar
DISTRICT UvmtraCt Iypc
Revenue 171 cncumI5erea 171 unencumMe—a— ether:
FAS IT not encumberea or re„enne contract typo,p,-iau rvasutr:
Corgi mor:14 Code Contract Start Date Contract End Date Original Amount Amendment Amuant
STANDARD CONTRACT 7/1/12 w3u/1/ $ $
Fuuria Dept. Uryani�ation Appr. UbyRev Source GRG/PROJ/JOB No Amount
F FI FI 107 160 8842 $93,505
Funa Dept. vrganization Appr. ulvRe�.5uLfmc GRU7PRuJ/Jv6 Na. Arnvant
II I I 4i
Fand Dept. Oryanication Appr. Obj/Rev Source GRC/PROJ/JOB No. mnount
Project lQarme tatiITlatud Payme,,t I vital by Fiscal Year
hlo05enola hlaLaravus VVaste FY Amount I/D FY Amount I/D
"Jrvcl11—n Min 1L/13 $93.505 1b/1b $93,505 _
C-,oliection rarility 13/14 $93.bob 16/11 x931505
14/15 $93,505
THIS CONTRACT is entered into in the State of California by and between the SAN BERNARDINO COUNTY FIRE
PROTECTION DISTRICT hereinafter called the DISTRICT, and
Name
City of Redlands hereinafter called City
Addis
P.O. Box 3005
Redlands, CA 92373
Tulephume Federal ID Nu.ar Social Sec irity No.
(909) 798-7600
I i liS tiEREt5T AuREED AS I-ULCUWS:
(Use apece but.-- uo d additional borrd sheds. Sect forth 3erwia to be rendered, M—Mnt tv be paid, manner of payment, time for perfomrancce Of cumpietian,
derarrninauurr of sarisfaaroryp(-rforrnancu and cause for rerrninarion,orner terrrrs and conditions,and attach pians,specifications,and addenda,if any.)
HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT
This Ayr=iiiCnt is mase ana cnterca intu between tHe ban Bernardino Guunty t=ire Protection District.
hereinafter referred to as "District' and the City of Redlands hereinafter r rfvr r ed to a"thu "City."
REGI I ACS:
WHEKtAS, the Galiturnia PuVic; Resuurces Gude (b(--ctiun 4tuuu of Seq.) requires cities and counties to
prepare a Houschuld Hazardous waste EIerllCnt wNici iaentitles a pruyiam tur the sate cullectiun, recycling,
treatment and disposal of hazardous wastes which are generated by households in the city or t,ounty and whi,-h
❑contract Database ❑FAS
InNot Dam Keyes By
Paye 1 of 6
shuula be sepa►ated Train the solid waste stfearTi; and-.
WHEREAS, the County of San Bernardino and each of the cities in the County have developed Household
Razarauu, Waste Elements (HRwE) whish iaentiTy a uuunty-Wide cuuperative pruyrain TO the nianaycment UT
Ruusehula Hazardous Waste: and.
vvHFREAS, the existiny Ruusehula Hacarauus Waste pToyTam upferatea by the District is uunsistcnt with the
adopted HHWE; and,
vvRERtA5, the District's Division of Hazardous l9late-rials, is a division of District respunsiple fur the safe
management of hazardous waste, and;
vvRtREAS, the City desires tui the pruteutiun, health and welfare of the public and its personnel, the reTTIUVal
of hazardous waste from homes so that such materials will pose no danger in the event of fire, the prevention of
potential cnvirunmcntaal aeyraaatiun and the uunservatiun UT resuurues thruuyh reuyuliny.
Nuw, i HEREFuRE, in cunsiaeratiun uT mUtuai cuvenant5 and cunditiuns the parties heretu ayree as tulluws:
WITNESSETH:
RESPONSIBILITIES AND DUTIES OF THE CITY
1. The City agrees to allow the operation of a Household Hazardous Waste Colle„tion Facility (hereinafter
referred to as "Facility"') for the City and County at the following location: Redlands City Yard: 5UU FCansas
Street, Redlana,, California.
2. The City shall operate the Facility as described in this agreement and shall be responsible for maintenance
ut Facility prupe�[y and fur the safety of persons and materials on this prcpe�[y. It shall nut be necessary for
the City to have a perJun present at all times un the situ were the waste will 5c sturea.
3. The City shall provide water service for OSRA required safety shower and eyewash equipment at the
Facility.
4. The City shall provide on-site restroom facilities during the hours that the Facility is occupied.
5. 1 he City shall publicize to its residents the need to properly recycle, reduce, store, transport and dispose of
Huu,ehula Hazarauu, waste and infunn its residents ut the availability ut the Facility tur the sate
management of Rousehold Razardous Waste.
b. AUreerTient UOTnpliance. City ayrees to comply with all applicable Federal, State and County laws,
reyulatiun, and puliuics in can yiny out its respunsi5ilities unacr this Ayrecfnent.
RESPONSIBILITIES AND DUTIES OF THE DISTRICT
7. The District shall act as the generator and transporter of the Household Razardous Wastes; and shall
assuine Tcspunsibility Tur maintaininy the necessary site and transportatiun pcunits. Further, the Qist►iut will
train City personnel and provide the Operations Manual, which designates waste to be accepted, defines a
cateyorization scheme for wastes anticipated; and specifies emergency procedures to be followed. I he
District ,hall uuntinue to pruviae an initial 32-Muui traininy cuui sG fur new personnel of the City and a
subsequent annual 8-hour "refresher” training course for City employees. If there are changes to the
uperatiuns Manual, w►ittCn nutiTivatiun ana/u► special t►aininy sessiuns shall be piuvided to the city at least
thirty (30) days prior to their effective date. The Operations Manual shall be consistent with all state and
feae-ral regulations applicable to Flousse-huld Razardous waste facilities and amended as necessary.
Revised 03/22/2012 Page 2 of 6
8. The District shall pi uvide a sccurc stu aye snca. Tnc District will alsu provide appruvea waste storaye
containers, meeting the specifications of the Deparftment of Transportation for the disposal of hazardous
waste and sutnuient a5sur6ent materials tur "uver pauKiny- the waste containers. At the termination or
expiration of this Agreement, all items provided by the District shall belong to the District, unless utnelwisc
ayreed upon in writing. District employees shall be available to assist the City on a 24-hoar basis should an
cniergcnuy arise at the Facility.
9. The District shall either remove the wastes or independently contract with a licensed hazardous waste
nauler to rcnwve the accurrlulated wastes. monthly, and to recycle or dispose of wastes at an approved
facility, at no additional cost tcj the City.
1 U. 1 he District shall provide an annual report to the City that shall include the amounts and types of waste
collected, par-fiuipatiun 6y jurisdiution, and tinal disposition ut the waste.
11. District shall compile and provide to the California Department of Resources Recyuliny and Reuuvcl y
(Callieuyule); the Department of l oxic Substances Control; and the Certified Unitied Program Agency, the
City's Annual Furlll :5u3 Repurt. L)i5trict shall alsu uulllpile and su6lilit the annual nPDES reports to the
County Storm Water Programs.
12. i Me District will provide one Cuunty errlployee through the duration of tilde that the District manages the
City's Oil Payments Funds, to assist in the uperatiu�Is of the Facility cvcr y 5atur aay of the year, cxuivainy
inclement weather and County Rolidays.
13. Tne uperatiuns at the Facility will 6e aireuted jointly by County and City personnel auuorainy to the "Satellite
Facilities Operations Manual" that designates waste to be accepted, defines a ,atcgcjrizaiion schclllc fur
wastes aribuipated, and speuitles emergency procedures to be tollowed. I his document is reterenced in and
required by the Permit I lit 5y Rule autnurizatiun to uperate that is issued 6y the LCr-fit1ed unitlea Pruyram
Agency. It there are any changes to the "Satellite Facilities Operations Manual", the County shall provide
spcuial traininy sessions to Lounty and city pCrsonnCl as soon as practivahlC with respect to said unanyes.
14. All personnel pruvidca by the Di�tr iut are el I IpluyccJ W the uuunty, ana, as such, will 6c supervisea ana
trained by the County. In parfticular, all County employees will be trained to meet or exceed Cal OSHA
ieyuirements.
L;uNS uERA i IUN
15. In consideration for the selvit.cs pruviaua, city snail pay tnc District $zs,3tb eaun quarter, Fiscal year
2U12/2U13 through fiscal year 2016/2017; (payment due on: July 15, October 15; Janwary 15; and April 15).
This uunsiaCratiun inuivaes pendiny oust saviny tur the dcurcased cost in managing utmaain types ut paint
products.
RR TERM AND TERMINATION
ifo. This Ayreclllellt ,hail UC effel:tive icily 1, zu-iz al td shall rt:rnain in ettect tnruuyn .dune SU, zul t, but Illay be
renewed for specified periods; unless; otherwise terminated or amended.
17. 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
113. City and District are authorized self-insured public entities for purposes of Professional Liability, General
Liability, Autunlubilc Liability ana vvurKers' Lumpeilsatiun and warrant that tnuuuyh their respeutive pruyranls
of sett-insarance, they have adequate coverage or resources to protect against liabilities arising out of the
puffurmance of tnc terms, uunaitions or obliyations of this Ayrecnleiit.
Revised 03/22/2012 Page 3 of 6
19. District agrees to indemnify, defend (witM ,uunsul reasunamy appruved by City) and hold harmless City, its
otticer5, employees_ agents and volunteers, trom any and all claims, actions, losses, darnages- and/or
liability arising uut of tMis Ayreerricnt Trurri any cause vvMatsuever, inuluainy, the aut5, errurs ur umissiuns UT
any person and for any costs or expenses incurred by City on account of any claim; except where such
inaiunrinitivatiun is prunibitea 6y law. i His Matminitication provision snall apply rcyarales5 ut the existence o►
degree of fault of indemnities. The District'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 Cuae sei-tiun zt8z.
city ayrCes to indemnity, detend (with counsel reasonably approved by District) and hold harrnlc5s District,
its officers, empluyees, ayyents ana vuluntcers, fruin any and all ,iainis, a„ buns, lusse,,, aamages ander
liability arising out of this Agreement trom any cause whatsoever; including the acts, errors or omissions of
any pursun ana Tur any uust5 ur expenses inuumea 6y Distriut un auuuunt uT any ulaim, except where twun
indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or
aeyree ut taint ut indemnitees. i he City's indernnitluatiun obligation applies to U!5trict's "active' as well as
"passive” negligence but does not apply to Distri,_t's "sole neyliyyence" or "willful miscondu,-t" within the
meaning of Civil Code section 2182.
In the event District and/or City are found to be comparatively at fault for any claim, action, loss or damage
which results truin their respective u5liyatiuns under this Agreement, District ander city, as applicable, shall
indemnify the other to the extent of its comparative fault.
Notwithstanding indemnitication for any claim; action; loss, or damage involving a third party. District and
City hercl3y waive any ana all riyMts UT sul5ruyatiun reGVVer y dyalnst Ca;,M utM,=r.
Furtherrnure, it District or City attempts to seen recovery trurn the other tur workers' Compensation 6enetits
paid to an employee, District and city ayrCC that any alloyed neyllyuni-u of the unipluyea shall nut be
construed against the employer of that employee.
GENERAL i ER191S AND cuNul i IONS
2U. Representation ut the District. In the perturmance of the Agreement. City, its agents and employees. shall
act in an independent capacity and nut as uffiuers, unipiuyees, ur ayenits of Me District.
21. Change of Address. City shall notify the District in writing of any change in mailing address within ten (10)
business days ut the uhanye.
22. Agreement ASbiynability• without the prior written consent ut the District_ the ayreernent is not assiyna6le 6y
City, either in whula ur in part.
23. Agreement Amendments. The Parties agree that any alterations, variations, modifications; waivers; or
pruvisiuns UT the Ayreement shall re valid uniy when reduced to writiny, duly 5iyncd, and attached to the
original Agreement and approved by the required persons of both City and District.
Z4. Cor r e,-tiur of Performanwe Defluien%Jus. Failure 5y either of the Parties to cumply with any ut the pruvisiuns,
covenants, requirements or conditions of this agreement shall be a material 5 each of this agreement.
In the event ut as nun-cured Breach, the nun-6reachiny party may, at its sine di5cieticn and in addition to
immediate termination and any other remedies available at law, in equity; or otherwise specified in this Contract:
Revised 03/z2i201z Page 4 ut 6
A. Atturd the breaching party a time period within which to care the breach; which period shall be
established at sole disuctiun of tMu nun-6rcachinyy party; ana/ur,
B. 1 erminate this Contract.
25. Attorney Fees and Costs. If any legal ca„ tiun is Institutea to enfurcc any party's riyhts hereunaer, each party
shall bear its own costs and attorneys' tees, regardless of who is the prevailing party. This paragraph shall
not apply to those ousts ana attvrncys� tees aireutly arisiny truin a thira-paaFty leyal actiun ayainst a party
hereto and payable under INDEMNIFICATION paragraphs.
26. Venue and Governing Law. The venue of any actiun yr ulai,n 6rvuyht 5y any party tu this AyreeMent will 6e
the Uentral District Guurff ut San Bernardino County. Each parfty hereby waives any law or rule of the court,
which would alluw Mum tv rcyuest ur demand a chanye vi venue. It any action ur claim concerning this
Agreement is brought by any third-party; the parties hereto agree to use their best efforts to obtain a cmanye
of venue to the utmtral District Cuuff ut San Bernardino County. I his contract shall be governed by the laws
of the State of California.
27. Notification. In the evcnt of a problem ur potential prv6lcin that will impact the level UT perturrnance under
this Agreement. the City shall notify the District within one (1) working day, in writing and by telapnvne.
28. Former County and District Officials. City agrees to provide ur has alreaay prvviaea infunnatiun un turner
ban Bei nardinu County and District administrative officials (as detined below) who are employed by or
represent City. The information pruviaua inuluaes a list of furmer uuunty and District administrative utticials
who terminated CUUN I Y or District employment within the last five years and who are now officers,
principals, partners, assuuiatcs ur meniaers of the business. I he intunnatiun alsu includes the erripluyment
with or representation of City. For purposes of this provision, "County administrative offi„ ial” is definra as a
iiicm5er of the Suara ut 5upemisurs ui such utticer's staff. Uuunty Administrative Utficer or member of such
officer's staff, County or District department or yruup hcaa, assistant aepartMent ur yruup head, yr an
enlpluyee in the Exempt Gruup, Management Unit; or Safety Management Unit.
29. Inaccuracies or Misrepresentations. If in the course of or the administration of this Agreement District
determines that laity has Made a material misstateniCnt ur misrcpresentatiun or that materially inaccurate
information has been provided to the District, this Agreement may be iinnMediately terminatea. If the
Ayreetnent is tenninated according to this provision. the District is entitled to pursue any available legal
remedies.
30. Waiver. Nu delay un the part of either party in exercisiny any power ur riyht hereunder shall operate as a
waiver thereof; nor shall any single or partial exercise of any power or riyht prelude any other yr further
CA"_ruiJe thereat Ut of Iy uther puwer ur right. No waiver 6y any party of any right hereunder or of any detault
shall be binding upon such party unless such waiver is in writiny ana siynca ley a auly autriiurizea utticial ut
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 utller ur further exercise of such riyht ur ut any further default.
31. . It any pruvisiuns ut this ayreenient, or puffiuns thereuf, or the application thereut to any
circumstances shall be held invalid or unenforceable, the remainder of this ayrcumunt ana the appiii-atiuni
thereuf tv uther circumstances shall nevertheless 6e valid.
Revised 03/22/2012 rar",D Uf 5
32. IQut;,,Cs and Reports. Any notices shall be addressed to the respective parties as set forth beluW:
Ul5 I KIC:1: Ivnia walla(;v
Supervising Hazardous Materials Specialist
Household Hazardous Waste Prvyranl
2824 East"W" Street
San Bernardino_ CA 92415-0-[YY
City:
Dumpsy Chappell
Cary vT KeC1ia►ids Firc DcNartmcnt
P. O. Box 3005
Kedlands, CA 91313
33.
A. I his dyrmmt;nt Is Intcndcd 6y the partics Hutu as a tlnal expresslurl uT tfielr ayreement arld
understanding with respect to the subject matter hereof and as a complete and exclusive stater r lent of
the terms nerew and supersedes any and all privy and uontemparaneous agreements and
undcrstandi►ys.
B. The siyynatures of the Parties affixed to this Contract affirm that they arc duly authunzea to c:unnnft
and bind their respective institutions to the terms and ccunditions set torth in this document.
IN vviiNE58 vvHEKEVF, the Bvard uT Direeturs Etas uaused this Ayreerncrlt to be sur5suffMa to by the uleFR
thereof; and City has caused this Agreement to be subscribed on its behalf by its duly authorized officers, the day,
month and year written.
Sari Bade v rvt utivri Diist"Ut City of Kwaiands
(MifIF yr type e r� ratlof� corer✓any, contractor etc.)
Y
► B ►
Josie Gonzales; Chair; Board-of Directors (AuFnVi izu'd aiynature-Siyn in blue ilk)
Dated: Jul 1 0 2"m Name PeLe Aguilar
(m 11,t or type,tarrra vrl.rcravrr 5ivr i corrtraot)
SIGNED AND GE HAT A COPY OF THIS ALLeszAni
DUGUMENT ERED TO THE Title Ma �l
CHAIRMA sQA (r.;nror ryp.) am yClerk
a ,.•''i L.aura'hi;. s Secretary Dated: May 1, 2012
By Address s.7 5L,.eet, 5U1Le z00
:.
Redlands, CA 92373-1505
(mailing: PO BOX 3005)
Appiov�d db to TI Reviewed by COntiact Compliance Presented to BO 7,0s' 'y
n re
Counsel
Date �4�7 rate nate =
Page 6 of 5