HomeMy WebLinkAboutMark A. Hartwig, San Bernardino County Fire Protection District-2012-25 C - _' q/ '- r'
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REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF THE SAN BERNARDINO COUNTY FIRE PROTECTIOnIKO
AND RECORD OF ACTION RECEIVED
August 28, 2012 SEP 10 2012
FROM: MARK A. HARTWIG, Fire Chief
San Bernardino County Fire Protection District DEPT OF BUILDING SAFETY
SUBJECT: AGREEMENT FOR PARTICIPATION IN THE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM
RECOMMENDATION(S(
Acting as the governing body of the San Bernardino County Fire Protection District, approve
Agreement No. 12-612 with the City of Grand Terrace in the annual amount of $16,532 for
participation in the Household Hazardous Waste Collection Program from July 1, 2012 through
June 30, 2017, for a total aggregate contract amount of$62;880. —
(Affected Districts: Third)
(Presenter: Peter Brierty, Fire Marshal, 936-5533)
BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES
Operate in a Fiscally Responsible and Business-Like Manner.
Maintain Public Safety.
Pursue County Goals and Objectives by Working with Other Governmental Agencies.
FINANCIAL IMPACT
The total revenue and related appropriation authority of $16,532 is included in San Bernardino
County Fire Protection District's (County Fire) 2012-13 operating budget (FHH-107-160) which
reflects the agreement 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.
BACKGROUND INFORMATION
Approval of this item will authorize the execution of the agreement with the City of Grand Terrace
(City), for the participation in the Household Hazardous Waste Collection Program from July 1,
2012 through June 30, 2017.
The California Public Resources Code requires cities and counties to provide Household
Hazardous Waste Collection Programs for the safe collection, recycling, treatment and disposal
of hazardous waste that is generated by households in the city or county and which should be
separated from the solid waste stream. The County of San Bernardino, the twenty-two cities, and
two towns within the County have developed a countywide cooperative program for the
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ITEM 39
"•"-1612 DATED: August 28. 2012
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FOR OFFICIAL USE ONLY
0 Newa FAS Vendor Code SC Dept. A Contract Number
Change 01 1/�_ O
rr..yy- ❑ Cancel
}.et'- •,r ePro Vendor Number ePro Contract Number
t- Dept. Orgn. Contractors License No.
San Bernardino County Fire Protection District
Contract Representative Telephone Total Contract Amount
SAN BERNARDINO COUNTY
FIRE PROTECTION lonie Wallace (909)382-5401 $16,532 per year
DISTRICT Contract Type
El Revenue D. Encumbered ❑ Unencumbered 0 Other:
F A S 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/PROJ/JOB No Amount
FHH 107 160 8842 $16,532
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
$
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
$
I
Project Name Estimated Payment Total by Fiscal Year
Household Hazardous Waste FY Amount I/D FY Amount I/D
Agreement without 12/13 $16,532 _ 15/16 $16,532
Collection Facility 13/14 $16,532 _ 16/17 $16,532
14/15 $16,532 _ _
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 Grand Terrace hereinafter called City
Address
22795 Barton Road
Grand Terrace, CA 92313
Telephone Federal ID No.or Sodal Security No.
(909)430-2245
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 Grand Terrace hereinafter referred to as the "City."
RECITALS:
WHEREAS, the California Public Resources Code (Section 47000 et seq.) requires cities and counties to
prepare a Household Hazardous Waste Element which identifies a program for the safe collection, recycling,
Auditor-Controller/Treasurer/Fax Collector Use Oft
D Contract Database D FAS
Input Date Keyed By
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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 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 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 District.
RESPONSIBILITIES AND DUTIES OF THE DISTRICT
2. The District will continue to operate a comprehensive Household Hazardous Waste Program (Program) for
the safe collection, recycling, treatment and disposal of household hazardous waste and pharmaceutical
waste excluding controlled substances. The District 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.
3. District 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.
4. 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.
CONSIDERATION
5. In consideration for the services provided, City shall pay the District an amount of $4,133 each quarter,
fiscal year 2012/2013 through fiscal year 2016/2017, (payment due on: July 15, October 15, January 15,
and April 15).
Revised 03/22/2012 Page 2 of 5
fir
TERM AND TERMINATION
6. 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.
7. 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
8. 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.
9. 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 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 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
10. 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.
11. Change of Address. City shall notify the District in writing of any change in mailing address within ten (10)
business days of the change.
Revised 03/22/2012 Page 3 of 5
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12. Agreement Assignability. Without the prior written consent of the District, the agreement is not assignable
by City, either in whole or in part.
13. 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 District.
14. 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, District 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 District; and/or,
B. Terminate this Contract.
15. 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.
16. 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.
17. 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 District within one (1) working day, in writing and by telephone.
18. 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.
19. 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.
20. 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.
Revised 03/22/2012 Page 4 of 5
21. 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.
22. Notices and Reports. Any notices shall be addressed to the respective parties as set forth below:
DISTRICT: lonie Wallace, Interim Deputy Fire Marshal
Household Hazardous Waste Division
2824 East"W"Street
San Bernardino, CA 92415-0799
CITY: Richard Shields, Public Works Director
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
23. 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 Bernardino County Fire Protection District City of Grand Terrace
_ (Print or type
enna}mee of tion,company,contractor,etc.)
I-s, C .I-, :9b • of •Ire. (A prized signature-sign in blue ink)
AUG 2 8 2012 Name -Bcfi5. IA. A(jCtfl) ,
Dated: f •
(Print dr,, type1 name of person signing contract)
SIGNED AND CERTIFIED THAT A COPY OF THIS Title C+ M�LIt >l
DOCUMENT HAS : - •ELIVERED TO THE
CHAIRMAN • iTr�': (Printor Type)
pt• •. PijO -Ich, Secretary Dated: V I1 12-•w12
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By ( //° Address 2°Llei�7 vCt dOln Rt ccd
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Approved as tor • r•JM Reviewed by Contract Compliance Presented to and for nature
Counsel �T i
Date //�/(y /0 Date Date fc L/
Page 5 of 5
Revised 03/22/2012