County of San Bernardino-2007-20MOTION SEC
1
Record of Action of the Board of Supervisors
Agreements as listed above s.A.*
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DENA M. S
BY
DATED: June 26,
ITEM 014
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
June 26, 2007
FROM: PAT DENNEN, Fire Chief/Fire Warden
San Bernardino County Consolidated Fire District
SUBJECT: AGREEMENTS WITH THE CITIES OF RANCHO CUCAMONGA, REDLANDS,
LOMA LINDA, TWENTYNINE PALMS, GRAND TERRACE, CHINO HILLS, AND
TOWN OF YUCCA VALLEY, FOR PARTICIPATION IN THE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM
RECOMMENDATION: Acting as the governing body of County Service Area 70, the San
Bernardino County Consolidated Fire District (County Fire):
1.Approve Agreement No. 07- 463, with the City of Rancho Cucamonga in the approximate
annual amount of $189,165 for participation in the Household Hazardous Waste
Collection Program from July 1, 2007 through June 30, 2012.
2.Approve Agreement No. 07- 464, with the City of Redlands, in the approximate annual
amount of $95,857 for participation in the Household Hazardous Waste Collection
Program from July 1, 2007 through June 30, 2012.
3.Approve Agreement No. 07- 465, with the City of Loma Linda, in the approximate annual
amount of $25,856 for participation in the Household Hazardous Waste Collection
Program from July 1, 2007 through June 30, 2012.
4.Approve Agreement No. 07- 466, with the City of Twentynine Palms, in the approximate
annual amount of $32,447 for participation in the Household Hazardous Waste Collection
Program from July 1, 2007 through June 30, 2012.
5.Approve Agreement No. 07- 467, with the City of Grand Terrace, in the approximate
annual amount of $11,884 for participation in the Household Hazardous Waste Collection
Program from July 1, 2007 through June 30, 2012.
6.Approve Agreement No. 07- 468, with the City of Chino Hills, in the approximate annual
amount of $92,003 for participation in the Household Hazardous Waste Collection
Program from July 1, 2007 through June 30, 2012.
7.Approve Agreement No. 07- 469, with the Town of Yucca Valley, in the approximate
annual amount of $24, 233 for participation in the Household Hazardous Waste Collection
Program from July 1, 2007 through June 30, 2012. PAGE 1 of 2
cc: SBCCFD — Dennen; Brierty
SBCCFD — Wallace w/original agree.
Contractor do Dept w/agree.
County Counsel — Runyan
CAO — Thies
ACR — Accounts Payable Manager
w/agree.
Periculum do Risk Mgmt w/agree
Risk Mgmt
SBCCFD — Manalili w/agree.
File w/agree
(mp 07/02/07)
District
FAS
STANDARD CONTRACT
FOR COUNTY USE ONLY
\I New
Change
Cancel
Vendor Code SC Dept.
cFD A Contract Number
07- Luo q
District : County Service Area 70, Consolidated Dept. Orgn.
Fire District
Contractor's License No.
District Contract Representative Telephone
lonie Wallace (909) 382-5401
Total Contract Amount
Approx. $11,884 per year
Contract Type
5 , Revenue n Encumbered n Unencumbered q Other:
If not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start Date
07/01/07
Contract End Date
06/30/12
Original Amount Amendment Amount
Fund
SKX
Dept.
106
Organization
160 1
Appr. ObjlRev Source
9800 1
GRC/PROJ/JOB No. Amount
Fund Dept. Organization
i
Appr. Obj/Rev Source
1
GRC/PROJ/JOB No. Amount
Fund Dept. Organization
1
Appr. Obj/Rev Source
1
GRC/PROJ/JOB No. Amount
Project Name
Household Hazardous
Waste Agreement without
collection facility
Estimated Payment Total by Fiscal Year
FY Amount I/D FY Amount I/D
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 Grand Terrace
Address
22796 Barton Road
Grand Terrace, CA 92324
Telephone Federal ID No. or Social Security No.
(909) 824-662 95-3316135
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.)
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hereinafter called The City
Page 1 of 6
HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT
FOR CITIES WITHOUT A COLLECTION CENTER
IT IS HEREBY AGREED AS FOLLOWS:
This Agreement is made and entered into between the San Bernardino County Service Area 70 Consolidated Fire District
(County Fire Department), hereinafter referred to as "County" and the City of Grand Terrace 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, referred to as the "Division" 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 the event of fire, will prevent potential
environmental degradation and will conserve 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 shall publicize to its residents the need to properly reduce, recycle, store, transport and dispose of Household
Hazardous Waste and inform its residents of the availability of nearby Collection Facilities for safe management of
household hazardous waste, in the manner and form recommended by County.
2. Indemnification - City agrees to indemnify, defend (with counsel approved by County) and hold harmless the County, its
officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising
out of City's obligations under this Agreement.
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3.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.
4.Furthermore, if the County or City attempts to seek recovery from the other for Workers' Compensation benefits paid to
an employee, the County and City agree that any alleged negligence of the employee shall not be construed against the
employer of that employee.
5.City shall maintain adequate self-insurance to fulfill their obligations under the indemnification paragraphs, paragraphs 2
through 4, above. Upon request, City will provide proof of its self-insurance to the County.
RESPONSIBILITIES AND DUTIES OF THE COUNTY
6.The County will continue to operate a comprehensive Household Hazardous Waste Program for the safe collection,
recycling, treatment and disposal of household hazardous waste. The County 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.
County shall provide an annual report to the City, which shall include the amounts and types of waste collected,
participation by jurisdiction, and final disposition of the waste.
8.County shall compile and provide to the California Integrated Waste Management Board, the Department of Toxic
Substances Control, and the Certified Unified Program Agency, the City's Annual Form 303 Report. The County will
provide a copy of the report to the City.
9.For purposes of this Agreement, household hazardous waste does not include "Universal Waste." Universal Waste is
defined as high volume, low toxicity wastes that are generated by several sector of society, rather than a single industry
or type of business. This includes televisions and computers, microwaves, stereos and clothes irons. Notwithstanding
the above, the County will, however, continue to collect household batteries, and mercury devices as part of the HHW
waste stream. These are items that the County has always included in the HHW waste stream, that the State
Department of Toxic Substances Control recently classified as Hazardous Universal Waste. Additionally, the County
will add fluorescent tubes and bulbs to the covered waste stream. The State Department of Toxic Substances Control
recently classified these as hazardous Universal Waste.
The County is committed to working cooperatively with the City in providing electronic waste management services to all
County residents provided it is cost effective for the County.
10.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.
11.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.
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Page 3 of 6
12.Furthermore, if the County or City attempts to seek recovery from the other for Workers' Compensation benefits paid to
an employee, the County and City agree that any alleged negligence of the employee shall not be construed against the
employer of that employee.
13.Insurance. The County is a self-insured public entity. Upon request, the County will provide proof of its self-insurance
to the City.
CONSIDERATION
14.In consideration for the services provided, City shall pay the County each quarter, fiscal year 2007/2008 through fiscal
year 2011/2012, (payment due on: July 15, October 15, January 15, and April 15), an amount calculated by the
following equation: A = (P) (F) (.25) 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 = per capita value as shown below
.25 provides the quarterly payment amount and
2007/2008- A = (P) (F = 0.96 (.25)
2008/2009- A = (P) (F = 1.21) (.25)
2009/2010- A = (P) (F = 1.24) (.25)
2010/2011- A = (P) (F = 1.27) (.25)
2011/2012- A = (P) (F = 1.30) (.25)
TERM AND TERMINATION
15.This Agreement shall be effective July 1, 2007 and shall remain in effect through June 30, 2012, but may be renewed
for specified periods, unless, otherwise terminated or amended.
16.Notwithstanding the foregoing, either party may terminate this Agreement at any time upon 90 days prior written notice
to the other party.
GENERAL TERMS AND CONDITIONS
17.Representation of the County. 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 County of San Bernardino.
18.Change of Address. City shall notify the County in writing of any change in mailing address within ten (10) business
days of the change.
19.Agreement Assignability. Without the prior written consent of the County, the agreement is not assignable by City,
either in whole or in part.
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20. Agreement 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 County.
21. 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, County 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 County; and/or,
B.Terminate this Contract.
22. 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.
23. 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.
24. 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 County within one (1) working day, in writing and by telephone.
25. Former County Officials. City agrees to provide or has already provided information on former San Bernardino
County administrative officials (as defined below) who are employed by or represent City. The information provided
includes a list of former County administrative officials who terminated COUNTY 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 department or group head, assistant department or group head, or an employee in the
Exempt Group, Management Unit, or Safety Management Unit.
26. Inaccuracies or Misrepresentations. If in the course of or the administration of this Agreement County determines that
City has made a material misstatement or misrepresentation or that materially inaccurate information has been
provided to the County, this Agreement may be immediately terminated. If the Agreement is terminated according to
this provision, the County is entitled to pursue any available legal remedies.
27. 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.
28. 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.
29. Notices and Reports. Any notices shall be addressed to the respective parties as set forth below:
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•
COUNTY: lonie Wallace
Supervising Environmental Health Specialist
Household Hazardous Waste Program
2824 East "W' Street
San Bernardino, CA 92415-0799
CITY: Steve Berry, Assistant City Manager
City of Grand Terrace
22796 Barton Road
Grand Terrace, CA 92324
30. 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 Supervisors 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.
DISTRIC unty Service Area 70
No- Iniftwaiiminwasium.
Paul Biane, Chairman, Board of Supervisors
Dated: JUN 2 6
City of Grand Terrace
(Print or type name ofation, company, antra or, etc.)
By ►
(Authorized signature - sign in blue ink)
Name
SIGNED AN
DOCUME
CHAIRM
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Deritm.s4ni I s NERN •14111460
By
(Print or type name of erson signing contract)
TO THE Title C27:Ty
COPY OF THIS
(Print or Type)
pervisors Dated: cs,-5 7—r) 7
rnardino.
Address 22 2 615" ./-3.47:7-4/0 eo
CburItyounsel (Scptt Runyan, Deputy)
Date
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Reviewed by Contract Compliance
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Reviewed t Processing
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7
Date
De aatment He at A. Dennen, Fire Chief
Date
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