San Bernardino County Fire Protection District-2022-05 rI
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Con a t N g ye
SAP Number
San Bernardino County Fire
Protection District
Department Contract Representative Jose Rodriquez
Telephone Number (909) 382-5401
Contractor City of Grand Terrace
Contractor Representative Konrad Bolowich
Telephone Number (909) 824-6621
Contract Term July 1, 2022 through June 30, 2027
Original Contract Amount $105,864.19
Amendment Amount
Total Contract Amount $105,864.19
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:
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,
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, San Bernardino County 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,
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WHEREAS, the District's Section of Hazardous Materials, is a section of the 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 household hazardous
waste collection facilities for safe management of household hazardous waste, in the manner and form
recommended by District.
2. The City shall publicize to its residents the maximum quantities of hazardous waste allowed for
transportation which are containers no larger than 5 gallons and maximum quantities of 15 gallons or 125
pounds per trip brought to a household hazardous waste collection facility per participant.
3. The City shall publicize to its small businesses that need to dispose of small quantities of business waste
to contact the District and make an appointment to use the Very Small Quantity Generator (VSQG)
program for proper disposal.
4. The City shall publicize to its residents that home generated sharps containers shall only contain needles,
lancets and syringes with a needle attached that must be completely spent(used and no liquid remaining,
this includes EpiPens). The public may use 2 gallon or smaller heavy-duty plastic household containers
as an alternative to plastic bio-hazard sharps containers. The container should be leak-resistant, remain
upright during use and have a tight fitting, puncture-resistant lid, such as a plastic laundry detergent
container. Containers consisting of glass, metal, cardboard or paper will not be accepted.
RESPONSIBILITIES AND DUTIES OF THE DISTRICT
5. The District shall continue to operate a comprehensive Household Hazardous Waste Program(Program)
for the safe collection, recycling, treatment and disposal of household hazardous waste, including
universal waste, Home-generated Sharps (HGS), 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.
6. The 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. The report will be provided at
no additional cost to the City.
7. The 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. The report will be provided at no additional cost to the City.
8. The District shall provide to the City, flyers/brochures/education material that shall be distributed by the
City electronically. Hard copies will also be provided upon request, at no additional cost to the City.
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9. The District shall charge any business that disposes of household hazardous waste the actual cost of
disposal as indicated in the District's fee ordinance. For jurisdictions that operate their own household
hazardous waste collection facility, if business waste is accepted at any satellite facility, the jurisdiction
will be responsible for the disposal cost of the business waste.
10. The District shall provide an electronic biohazardous waste label to every participant that disposes of
home generated sharps. The public may use 2 gallon or smaller heavy-duty plastic household containers
such as a plastic laundry detergent container as an alternative to plastic bio-hazard sharps containers.
The biohazardous waste label shall be placed on the rigid heavy-duty, puncture-resistant plastic container
used to dispose of home generated sharps.
11. As part of the services provided by the District to the City under this Agreement, the District may provide
City Temporary Household Hazardous Waste (HHW) Collections. Temporary HHW Collections may be
provided up to two (4 hour) collections during the term of the agreement. Temporary HHW Collections
are not included in the Annual Consideration amount, but instead are in addition to that amount and will
be charged by District and paid by City in accordance with actual cost in effect on the date of providing
the Temporary HHW Collections.
CONSIDERATION
12. In consideration for the services provided, City shall pay the District the following amount not to exceed
$105,864.19:
Fiscal Year Annual Amount Amount per quarter
2022/2023 $19,740.07 $4,935.01
2023/2024 $20,381.62 $5,095.41
2024/2025 $21,094.98 $5,273.74
2025/2026 $21,886.04 $5,471.51
.2026/2027 $22,761.48 $5,690.37
13. Payments will be due on July 15, October 15, January 15, and April 15 of each year through the term of
the contract.
TERM AND TERMINATION
13.This Agreement shall be effective July 1, 2022 and shall remain in effect through June 30, 2027, but may be
renewed for specified periods, unless, otherwise terminated or amended.
14. 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
15. 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.
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16. 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
17. 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.
18. Change of Address. City shall notify the District 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 District,the agreement is not assignable
by City, either in whole or in part.
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 District.
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, 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.
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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 Superior Court. 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 Superior
Court. 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 by a
Party under this Agreement, the Party shall notify the other Party within one (1)working day, in writing
and by telephone.
25. 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.
26. 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, 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.
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:
DISTRICT: Monica Ronchetti
Deputy Fire Marshal/CUPA Manager
Household Hazardous Waste Section
2824 East"W"Street
San Bernardino, CA 92415-0799
CITY: Konrad Bolowich
City Manager
City of Grand Terrace
22795 Barton Rd.
Grand Terrace, CA 92313
30. Entire Agreement.
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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.
31.This agreement may be executed in any number of counterparts, each of which so executed shall be
deemed to be an original, and such counterpart shall together constitute one and the same agreement.
The parties shall be entitled to sign and transmit an electronic signature of this agreement (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 agreement.upon request.
IN WITNESS WHEREOF,the Board of Directors has caused this Agreement to be subscribed to by the Secretary
thereof, and City has caused this Agreement to be subscribed on its behalf by its duly authorized officers, the
day, month and year written.
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SAN BERNARDINO COUNTY FIRE PROTECTION CITY OF GRAND TERRACE
DISTRICT (Print or type name of corporation,company,contractor,etc.)
► By
-
(Authorized signature-sign in blue ink)
&ftm--0�1
Curt Hagman, Chairm Board of Dlrect s
a� Name Konrad Bolowich _
Dated: OR,, 2 6 L (Pant or'type name of person signing contract)
SIGNED AND CERTIFI HAT A COPY OF THIS
DOCUMENT HA ® ED TO THE Title City Manager
CHAIRMAN O ARA, co (Print or Type)
n onell; ary
Dated: February,?,3,2022
By : 0
De y Address 22795 Barton Rd.,Grand Terrace,CA 92313
�OTECTION
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
1 ► ►
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Scott Runyan,Supervising Deputy County
Counsel (� k
Date I v Date Date
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