HomeMy WebLinkAboutContracts & Agreements_62-2012_CCv0003.pdf REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
AND RECORD OF ACTION
July 10, 2012
FROM: MARK A. HARTWIG, Fire Chief
San Bernardino County Fire Protection District
SUBJECT: AGREEMENTS FOR PARTICIPATION IN THE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM
RECOMMENDATIONS)
Acting as the governing body of the San Bernardino County Fire Protection District, approve the
following agreements for participation in the Household Hazardous Waste Collection Program
from July 1, 2012 through June 30, 2017:
1. Agreement No. 12-465 with the City of Big Bear Lake in the annual amount of $17,933 and a
total aggregate contract amount of$89,665.
2. Agreement No. 12-466 with the City of Loma Linda in the annual amount of $29,588 and a
total aggregate contract amount of$147,940.
3. Agreement No. 12-467 with the City of Rancho Cucamonga in the annual amount of
$220,575 and a total aggregate contract amount of$1,102,875.
4. Agreement No. 12-468 with the City of Redlands in the annual amount of$93,505 and a total
aggregate contract amount of$467,525.
5. Agreement No. 12-469 with the City of Yucaipa in the annual amount of $66,920 and a total
aggregate contract amount of$334,600.
6. Agreement No. 12-470 with the Town of Yucca Valley in the annual amount of$27,680 and a
total aggregate contract amount of$138,400.
(Affected Districts: All)
(Presenter: lonie Wallace, Interim Deputy Fire Marshal, 386-8407)
BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES
Operate in a Fiscally Responsible and Business-Like Manner.
Maintain Public Safety.
Pursue County Goats and Objectives by Working with Other Governmental Agencies.
FINANCIAL IMPACT
The total revenue and related appropriation authority of $456,201 is included in San Bernardino
County Fire Protection District's (County Fire) 2012-13 operating budget (FHH-107-160) which
reflects the six agreements listed above and will be included in subsequent fiscal years' budgets
through 2016-17. There is no net County cost (discretionary general funding) associated with the
approval of this item.
Page 1 of 2
cc: SBCFPD-Wallace w/agreements& Record of Ac ion of the Board of Directors
Hartwig
Contractor c%SBCFPD w/agreement APPRO ' +�{] 1 CALENDAR) -
Auditor-Accounts Payable Manager C OF SAN RDINO
w/agreements San Be Trio County Flab ection District
EBIX-BPO Go Risk Management W
CAO-Brown MOTION AYE AYE AYE
File-w/agreement 1 2 .3 4 5
ml 07/16/12 LAURA H.WELC' , STAFl!C "� `
BY '
ITEM 56
Rev419-12 neTs=n• ,iaav, in 7n77
FOR OFFICIAL USE ONLY
New FAS Vendor Code Dept. Contract Number
e i ❑ Change SC A /)�
171 Cancel vvv ' —4�iy✓
ePro Vendor Number ePro Contract Number
Dept. Orgn. Contractor's License No.
San Bernardino County Fire Protection District
Contract Representative Telephone Total Contract Amount
SAN BERNARDINO COUNTY
FIRE PROTECTION lonie Wallace 909 382-5401 $93,505 per year
DISTRICT Contract Type
Revenue E1 Encumbered 17 Unencumbered Other:
FAS If not encumbered or revenue contract type,provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
STANDARD CONTRACT 7/1/12 6/30/17 $ $
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No Amount
FHH 107 160 8842 $93,505
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
Household Hazardous Waste FY Amount I/D FY Amount I/D
Agreement with 12/13 $93,505 _ 15/16 $93,505 _
Collection Facility 13/14 $93,505 16/17 $93,505
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
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 "District" and the City of Redlands hereinafter referred to as the "City."
RECITALS:
WHEREAS, the California Public Resources Cade (Section 47000 et seq.) 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
Auditor/Controller-Recorder Use Onl
❑Contract Database ❑FAS
Input Date Keyed By
Page 1 of 6
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 District is consistent with the
adopted HHWE; and,
WHEREAS, the District's Division of Hazardous Materials, is a division of District 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 City and County at the following location: Redlands City Yard, 500 Kansas
Street, Redlands, California.
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 during the hours that 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. Aqreement 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 DISTRICT
7. The District 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 District 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
District shall continue to provide an initial 32-hour training course for new personnel of the City and a
subsequent annual 8-hour "refresher" training course for City 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.
Revised 03/22/2012 Page 2 of 6
8. The District shall provide a secure storage shed. The District will also provide approved waste storage
containers, meeting the specifications of the Department of Transportation for the disposal of hazardous
waste and sufficient absorbent materials for "over packing" the waste containers. At the termination or
expiration of this Agreement, all items provided by the District shall belong to the District, unless otherwise
agreed upon in writing. District employees shall be available to assist the City on a 24-hour basis should an
emergency arise at the Facility.
9. The District 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.
10. The District 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.
11. District 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
City's Annual Form 303 Report. District shall also compile and submit the annual NPDES reports to the
County Storm Water Programs.
12. The District will provide one County employee through the duration of time that the District manages the
City's Oil Payments Funds, to assist in the operations of the Facility every Saturday of the year, excluding
inclement weather and County Holidays.
13. The operations at the Facility will be directed jointly by County and City personnel according to the "Satellite
Facilities Operations Manual" that 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 that is issued by the Certified Unified Program
Agency. If there are any changes to the "Satellite Facilities Operations Manual", the County shall provide
special training sessions to County and City personnel as soon as practicable with respect to said changes.
14. All personnel provided by the District 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.
CONSIDERATION
15. In consideration for the services provided, City shall pay the District $23,376 each quarter, fiscal year
2012/2013 through fiscal year 2016/2017, (payment due on: July 15, October 15, January 15, and April 15).
This consideration includes pending cost saving for the decreased cost in managing certain types of paint
products.
TERM AND TERMINATION
16. This Agreement shall be effective July 1, 2012 and shall remain in effect through June 30, 2017, but may 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
18. City and District 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.
Revised 03/2212012 Page 3 of 6
19. District 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 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 Code section 2782.
City agrees to indemnify, defend (with counsel reasonably approved by District) and hold harmless District,
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 District 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 indemnitees. The City's indemnification obligation applies to District's "active" as well as
"passive" negligence but does not apply to District's "sole negligence" or "willful misconduct" within the
meaning of Civil Code section 2782.
In the event District 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, District 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, District and
City hereby waive any and all rights of subrogation recovery against each other.
Furthermore, if District or City attempts to seek recovery from the other for Workers' Compensation benefits
paid to an employee, District and City agree that any alleged negligence of the employee shall not be
construed against the employer of that employee.
GENERAL TERMS AND CONDITIONS
20. Representation of the District. 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 District.
21. Change of Address. City shall notify the District in writing of any change in mailing address within ten (10)
business days of the change.
22. Agreement Assignability. Without the prior written consent of the District, the agreement is not assignable by
City, either in whole or in part.
23. Agreement Amendments. The Parties agree 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 District.
24. Correction of Performance Deficiencies. Failure by either of the Parties 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, the non-breaching party 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:
Revised 03/22/2012 Page 4 of 6
90110h,
A. Afford the breaching party a time period within which to cure the breach, which period shall be
established at sole discretion of the non-breaching party; and/or,
B. Terminate this Contract.
25. Attorney 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.
26. Venue and Governing 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.
27. Notification. In the event of a problem or potential problem that will impact the level of performance under
is Agreement, the City shall notify the District within one (1) working day, in writing and by telephone.
28. Former County and District Officials. City agrees to provide or has already provided information on former
San Bernardino County and District administrative officials (as defined below) who are employed by or
represent City. The information provided includes a list of former County and District administrative officials
who terminated COUNTY or District 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 District department or group head, assistant department or group head, or an
employee in the Exempt Group, Management Unit, or Safety Management Unit.
29. Inaccuracies or Misrepresentations. If in the course of or the administration of this Agreement District
determines that City has made a material misstatement or misrepresentation or that materially inaccurate
information has been provided to the District, this Agreement may be immediately terminated. If the
Agreement is terminated according to this provision, the District is entitled to pursue any available legal
remedies,
30. 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.
31. Severability. 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.
Revised 03/22/2012 Page 5 of 6
32. Notices and Reports. Any notices shall be addressed to the respective parties as set forth below:
DISTRICT: lonie Wallace
Supervising Hazardous Materials Specialist
Household Hazardous Waste Program
2824 East"W" Street
San Bernardino, CA 92415-0799
City:
Dernpsy Chappell
City of Redlands Fire Department
P. O. Box 3005
Redlands, CA 92373
33. Entire Agreement.
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 Bern rotection District City of Redlands
(Print or typen e f co ration, company, contractor, etc.)
No. By ►
Josie Gonzales, Chair, Board of Directors (Authonzed signature-sign in blue ink)
Dated: JUL 1 02012 Name Pete Aguilar
(Print or type name of person signing contract)
SIGNED AND CE - HAT A COPY OF THIS Attest:
DOCUMENT -RED TO THE Title Mayor
CHAIRMA $Qq (Print or Type) am n, yClerk
? r I_aerra•h1; Secretary Dated: May 1, 2012
z
By - Address 35 Cajon Street, Suite 200
,'.,� Redlands, CA 92373-1505
`�•
(mailing: PO BOX 3005)
Approved as to � Reviewed by Contract Compliance Presented to Bo o Sign re
111-
Counsel Counsel 1
Date Date Date
Page 6 of 6