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HomeMy WebLinkAboutContracts & Agreements_42-2024INSERT DUCUMENT SERIAL NUMBER MEMORANDUM OF UNDERSTANDING Between San Bernardino County Department of Public Health Environmental Health Services And City of Redlands For Environmental Health Services January 16, 2023 This Memorandum of Understanding (MOU) is made and entered into by and between San Bernardino County Department of Public Health, Environmental Health Services Division (County) and the City of Redlands (City). This MOU addresses the procedures to be followed by the County and the City for the provision of environmental health services in the City's incorporated areas. IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, The County desires to provide environmental health services in the areas designated below; and WHEREAS, City desires the provision of environmental health services in the areas designated below; and WHEREAS, County is qualified to provide the environmental health services designated below; and WHEREAS, City desires that such services be provided by the County, and the County agrees to perform these services as set forth below; NOW THEREFORE, County and City mutually agree to the following items and conditions: Page 1 of 6 TABLE OF CONTENTS I. DEFINITIONS 3 II. COUNTY RESPONSIBILITIES 4 III. CITY RESPONSIBILITIES 4 IV. MUTUAL RESPONSIBILITIES 4 V. FISCAL PROVISIONS 5 VI. TERM 5 VII. EARLY TERMINATION 6 VIII. GENERAL PROVISIONS 6 IX. CONCLUSION 6 ATTACHMENT ATTACHMENT A — Schedule of Services Page 2 of 6 B. Indemnification 1. The City agrees to indemnify, defend, and hold harmless the County and its officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of its negligent acts or omissions in performing its obligations under this MOU. 2. The County agrees to indemnify and hold harmless the City, its officers, agents, and volunteers from any and all claims, actions or losses, damages and/or liability resulting from the County's negligent acts or omissions in performing its obligations under this MOU. 3. In the event the County and City are found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under this MOU, the County and City shall each indemnify the other to the extent of its comparative fault or negligence. C. Insurance 1. County and City are authorized self -insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, and Worker's 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 and conditions of this MOU. 2. The City shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors, and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the City or the City's employees or agents from waiving the right of subrogation prior to a loss or claim. The City hereby waives all rights of subrogation against the County. 3. Any and all deductibles or self -insured retentions in excess of $10,000 shall be declared to, and approved by, County's Risk Management. D. In the event of any dispute hereunder, each Party to this MOU shall bear its own attorney's fees and costs regardless of who prevails in the outcome of the dispute. V. FISCAL PROVISIONS A. City and County agree that all fees and revenue collected by the County for services performed hereunder, including the issuance of permits, the conducting of inspections and so forth, shall be retained by the County as payment for the services provided to City under the terms of this MOU. Fees shall be charged in accordance with the County Fee Ordinance, which may be amended from time to time. The current County Fee Ordinance shall be provided to City. B. Any additional services requested by City to be performed by County shall be performed at an additional cost and in a manner mutually agreed upon by the City and County prior to the rendering of services. City shall reimburse County for additional services at the hourly rate prescribed in the County Fee Ordinance for such category of services. VI. TERM Page 5 of 6 This MOU shall be effective upon execution by all parties and terminate on December 31, 2025. VII. EARLY TERMINATION This MOU may be terminated without cause by either party by serving a written notice to the other party thirty (30) days in advance of termination. The Director of Public Health is authorized to exercise the County's rights with respect to any termination of this MOU. VIII. GENERAL PROVISIONS A. When notices are required to be given pursuant to this MOU, the notices shall be in writing and mailed to the following respective addresses listed below. City: City of Redlands 35 Cajon Street P.O Box 3005 Redlands, CA 92373 County: San Bernardino County Environmental Health Services 385 N. Arrowhead Avenue 2nd floor San Bernardino, CA 92415-0160 B. Any alternations, variations, modifications, or waivers of provisions of the MOU, unless specifically allowed in the MOU, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this MOU. No oral understanding or MOU not incorporated herein shall be binding on any of the Parties hereto. IX. CONCLUSION A. This MOU, consisting of six (6) pages and Attachment A, is the full and complete document describing services to be rendered by County to City, including all covenants, conditions, and benefits. B. The signatures of the Parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document. C. This MOU may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same MOU. The parties shall be entitled to sign and transmit an electronic signature of this MOU (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request. Page6of6 SAN BERNARDINO UNTY 1'4511 2'D Director . ' ..lic alth Dated: 3 _16 -0W (Authorized signature -f.ign in blue ink) Name Eddie Tejeda Title Dated: (Print or type name of person signing contract) Mayor (Print or Type) Address ATTEST: 35 Cajon Street, PO Box 3005, Redlands, CA 92373 ne Donaldson, City Clerk Page 7 of 6 Attachment A: Schedule of Services The San Bernardino County, Department of Public Health, Environmental Health Services Division (County) agrees to perform these services as set forth below 1. Conduct education and outreach to City, Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery Services regarding the requirements set forth by SB 1383, now County Ordinance 4434. 2. Conduct inspections of Commercial Edible Food Generators to monitor compliance with County Ordinance 4434 requirements and to gather data for jurisdiction reporting purposes during inspections. a. Verify Commercial Edible Food Generators, Food Recovery Organizations and Food recovery services arrange and maintain contracts or written agreements outlining terms for edible food donation and acceptance. b. Verify Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services keep records of types of foods that will be collected or self -hauled, the quantity of food per month, in pounds, that will be collected or self -hauled, and the established frequency. c. Verify Commercial Edible Food Generators have established an employee edible food recovery training program and maintain records of employee training. d. Verify employees of Commercial Edible Food Generators directly involved in the Edible Food Recovery Program have a valid San Bernardino County food handler's card. e. Verify Edible Food is capable of being recovered by a Food Recovery Organizations or a Food Recovery Service is not intentionally spoiled. 3. Obtain data from Food Recovery Organizations and Food Recovery Services during inspections of feeding sites or during regular communications, to determine the capacity to accept edible food donations. a. Names, telephone numbers, and types of Food Recovery Organizations and Food Recovery Services within the jurisdiction. b. Quantity, in pounds, of Edible Foods recovered from Commercial Edible Food Generators. 4. Maintain up-to-date information collected by DEHS regarding Food Recovery Organizations, Food Recovery Services and Commercial Edible Food Generators within the City's jurisdiction and make it available upon request to help them meet applicable requirements of SB1383. 5. Conduct enforcement action to address non-compliance including, but not limited to, issuing Administrative Citations, Notice of Violation, fines, penalties, or other remedies available to the County. Page 1 of 1