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Home My WebLink About2002-367 I RESOLUTION NO. 2002-367 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COUNTY OF SAN 3 BERNARDINO SERVICE AREA 70 AND THE CITY OF SAN BERNARDINO TO PROVIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION CENTER SERVICES 4 AND HOME GENERATED SHARPS COLLECTION SERVICES. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor is hereby authorized to execute on behalf of said City an 8 Agreement by and between the County of San Bernardino Service Area 70 and the City of San 9 Bernardino for the provision of household hazardous waste management services and home 10 generated sharps collection, a copy of which is attached hereto, marked Exhibit A, and 11 incorporated herein by reference as fully as though set forth at length, 12 SECTION 2. The authorization to execute the above-referenced agreement is rescinded 13 if the parties to the agreement fail to execute it within one hundred twenty (120) days of the 14 passage of this resolution, 15 11/ 16 11/ 17 III 18 III 19 /11 20 11/ 21 III 22 /11 23 11/ 24 III 25 11/ 26 III 27 /11 28 11/ 1 2002-367 I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COUNTY OF SAN 2 BERNARDINO SERVICE AREA 70 AND THE CITY OF SAN BERNARDINO TO PROVIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION CENTER SERVICES 3 AND HOME GENERATED SHARPS COLLECTION SERVICES. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a 6 held on the 18th day of November joint regular meeting thereof, 7 COUNCIL MEMBERS: NAYS , 2002, by the following vote, to wit: AYES 8 ESTRADA 9 LIEN 10 MCGINNIS II DERRY 12 SUAREZ 13 ANDERSON 14 MCCAMMACK 15 16 17 x x x x x x ABSTAIN ABSENT ----1L /) tL ~--/" & 1.1 (!-t.~uwk CITY ERK 18 19 20 21 22 The foregoing Resolution is hereby approved this JCI170t dayof November / Approved as to form and 23 legal content: 24 JAMES F, PENMAN, City Attorney 25 26 ~ By: ~ 7-. 27 /I 28 U p e---. 2 ,2002, T V ALLES, Mayor of San Bernardino .- ,. 2002-367 FOR COUNTY USE ONL Y FAS L New Vendor Code Deot. Contract Number - Chanqe SC CFD A 02. 15.."10 Cancel District County Service Area 70, Consolidated Fire Dept. Orgn, Contractor's License No. District District Contract Representative Telephone Total Contract Amount lonis Wallace 382.5401 Approximately $152,186 per year Contract Type [l] Revenue o Encumbered D Unencumbered D Other: If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount July 1, 2002 June 30, 2007 Fund Dept. Organization Appr, Obj/Rev Source GRC/PROJ/JOB No, Amount SKX 106 160 9800 , Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No, Amount Fund Dept. Organization Appr. Obj/Rev Source G RC/PROJ/JOB No, Amount , Project Name Estimated Payment Total by Fiscal Year Household Hazardous Waste Agreement FY Amount liD FY Amount liD - - - - District STANDARD CONTRACT 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 San Bernardino hereinafter called City Address 300 North D Street San Bernardino, CA 92318-0001 Telephone FederallD No. or Social Security No. (909) 938-5549 956000772 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 fOf performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) Auditor/Controller-Recorder Use Onl o Contract Database OFAS Input OllteKeyed!ly Page 1 of 7 i '. . 2002-367 FOR CITIES WITHOUT A COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE AGREEMENT IT IS HEREBY AGREED TO AS FOLLOWS: This Agreement is made and entered into between the San Bernardino County Service Area 70 Consolidated Fire District, hereinafter referred to as "County" and the City of San Bernardino 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, 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 event of fire, 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, store, transport and dispose of Household Hazardous Waste and inform its residents of the availability of nearby Collection Facilities for the safe management of household hazardous waste, Auditor/Controller-Recorder Use Onlv o Contract Database 0 FAS Input Date ~ ~ I Keyed By Page 2 of 7 , . 2002-367 2, Indemnification - City agrees to indemnify, defend (with counsel approved by County) 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 obligations under this Agreement. 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. Furthermore, if the County or City attempts to seek recovery from the other for Workers' Compensation benefits paid to an employee, the County or City agree that any alleged negligence of the employee shall not be construed against the employer of that employee, 3, Insurance - Without in anyway affecting the indemnity herein provided and in addition thereto, the City shall secure and maintain throughout the contract the following types of insurance with limits as shown: Workers' Compensation - A program of Workers' Compensation Insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the City and all risks to such persons under this Agreement. Comprehensive General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles, The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000), Additional Named Insured - All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insureds with respect to liabilities arising out of the performance of services hereunder. Policies Primarv and Non-Contributorv - All policies required above are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by the County, Proof of Coveraae . City shall immediately furnish certificates of insurance to the County Department administering the contract evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and City shall maintain such insurance from the time City commences performance of services hereunder until the completion of such services, Within sixty (60) days of the commencement of this Agreement, the City shall furnish certified copies of the policies and all endorsements, Auditor/Controller-Recorder Use Onl DCOnlraclDalabase DFAS Input DalBKeye<! By Page 3 of 7 .' 2002-367 Insurance Review - The above insurance requirements are subject to periodic review by the County, The County's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County, In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk, Any such reduction or waiver for the entire term of the Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. City agrees to execute any such amendment within thirty (30) days of receipt. Notwithstanding any of the other provisions of this section, presentation of evidence or a certificate by Contractor of a bona fide program of self-insurance coverage in an amount of not less than one million dollars ($1,000,000) shall satisfy al requirements contained in said other provisions of this article, 4, Contract Compliance - City agrees to comply with all applicable Federal, State and County laws, regulations and policies in carrying out its responsibilities under this Contract. RESPONSIBILITIES AND DUTIES OF THE COUNTY 5, 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. 6, ,County 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, 7, County will provide "pick-up" services of Household Hazardous Waste for seniors and/or disabled citizens of the City who are unable to transport their waste to a collection facility, This service will be provided on an appointment basis, 8, County will operate the San Bernardino Household Hazardous Waste Collection Facility, located at 2824 East W, Street, San Bernardino, California, 92415 on two Saturdays per year. County shall, in its sole discretion, determine the dates and times of these "Saturday" collection dates, 9, The County will assist the City in staffing an educational booth at the annual Route 66 Rendezvous event, concerning used oil and filter and Household Hazardous Waste management. Auditor/Controller-Recorder Use Onl DCol1lract Databas", DFAS Input Date Keyed By Page 4 of 7 I"'" j' 2002-367 10, County will provide, upon the City's request, Hazardous Material Management Training to City staff. 11, County will provide a site to co-locate the City's Sharps Collection Consolidation Point, will sign-in and track participants, and will provide a quarterly report of the Sharps Program usage to the City, The City's Sharps Collection Consolidation Point will be located at the Household Hazardous Waste Collection Facility at 2824 East W, Street, San Bernardino, California, 92415, In the event that the County relocates the San Bernardino Household Hazardous Waste Collection Facility, the City's Sharps Collection Consolidation Point, will also be relocated, 12, County will pick up sharps from City residents who are unable to transport their full sharps containers to the consolidation point located at the designated Household Hazardous Waste Collection Facility, This service will be provided on an appointment basis, In addition to the consideration identified below, County shall charge City $20,00 per pick-up, that will be invoiced to the City on a quarterly basis, 13, 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. 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. 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, 14, ,Insurance - The County is a self-insured public entity, Upon request, the County will provide a "Certificate of Self-Insurance" to the City, 15, Contract Compliance - County agrees to comply with all applicable Federal, State and County laws, regulations and policies in carrying out its responsibilities under this contract. Auditor/Controller-Recorder Use Onl o Con1ract Database" 0 FAS Input Data Keyed By Page 5 of 7 " 1......-' 1; 2002-367 CONSIDERATION 16, With the exception of services described in Paragraph 12 of this Agreement, in consideration for the services provided, City shall pay the County each quarter for fiscal year 2002/2003, (July 15, October 15, January 15, and April 15), an amount calculated by the following equation: A = 0,25 (P) (F) 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 = $0,80 per capita 0,25 provides the quarterly payment amount The City shall pay the County each quarter, fiscal years 2003/2004, 2004/2005, 2005/2006 and 2.006/2007 (July 15, October 15, January 15, and April 15), an amount calculated by the following equation: A = 0,25 (P) (F) (PF) 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 = $0,80 per capita PF = 1,03 representing annual 3% increase (compounded annually) and 0,25 provides the quarterly payment amount Auditor/Controller-Recorder Use Onl o Contract Data_ 0 FAS Input Date KeyecfBy Page 6 of 7 . \ . ; 2002-367 " ! TERM AND TERMINATION 17, This Agreement shall be effective July 1,2002 and shall remain in effect through June 30,2007 but may be renewed for specified periods, unless, otherwise terminated or amended, 18, Notwithstanding the foregoing, either party may terminate this contract at any time upon 90 days prior written notice to the other party, 19, Notwithstanding the foregoing, if either party to this Agreement fails to perform any material obligation under this Agreement, then, in addition to any other remedy provided by law, the other party may terminate this Agreement immediately upon written notice, Dated: guiar, Chairman, Boa of Supervisors DEe 1 7 2002 Name Jud th Valles ri t or type name of person signing contract) ernardino f co ration, company, contractor, ete.) e Area 70 t:'4 . By ~ SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Boa of the County of Title Dated: (Print or Type) //-.;;0 cO;)- Address ~ Re~r processi~ ~ ,/.t_ Ie Agency Administrator/CAD Date I~I ",.2... ~l, Reviewed by Contract Compliance Date Jz.- s - o"L. Date Auditor/Controller-Recorder Use Onl o Contract Database 0 FAS Input Date Keyed By Page 7 of 7