HomeMy WebLinkAbout2000-313
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Resolution No, 2000-313
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING mE
EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COUNTY OF SAN
BERNARDINO FIRE DEPARTMENT AND mE PUBLIC SERVICES
DEPARTMENT OF THE CITY OF SAN BERNARDINO TO PROVIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION CENTER SERVICES AND
HOME GENERATED SHARPS COLLECTION SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF mE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said
City an Agreement by and between the County of San Bernardino and the City of San Bernardino
on behalf of the Public Services Department for the provision of household hazardous waste
management services, a copy of which is attached hereto, marked Exhibit" A" and incorporated
herein by reference as fully as though set forth at length,
SECTION 2. The Mayor is hereby authorized and directed to execute on behalf of said
City an Agreement by and between the County of San Bernardino and the City of San Bernardino
on behalf of the Public Services Department for the provision of home generated sharps
collection, a copy of which is attached hereto, marked Exhibit "B" and incorporated herein by
reference as fully as though set forth at length.
SECTION 3. The authorization to execute the above referenced agreement is rescinded
if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
resolution.
I I I I I
IIIII
I I I I I
I I I I I
I I I I I
OctoberS, 2000
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2000- 313
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COUNTY OF SAN
BERNARDINO FIRE DEPARTMENT AND THE PUBLIC SERVICES
DEPARTMENT OF THE CITY OF SAN BERNARDINO TO PROVIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION CENTER SERVICES AND
HOME GENERATED SHARPS COLLECTION SERVICES.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a Joint Regular meeting thereof, held on
the 16th day of October
Council Members: Ayes
ESTRADA X
LIEN X
McGINNIS X
SCHNETZ X
SUAREZ X
ANDERSON X
McCAMMACK X
,2000, by the following vote, to wit:
Abstain
Absent
Nays
~~f)tUb
Rachel Clark, City Clerk
~ ~1PJwndino ~tiJ-
The foregoing resolution is hereby approveli this \ C\ ''f1--- ~ J;J of
October
,2000,
U t . Valles, Mayor
City of San Bernardino
Approved as to form and
Legal content;
James F, Penman, City Attorney
.~~
2
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BE~NAROINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
Agree, 00-1254
December 12. 2000
FROM:
PETER R. HillS, Fire Chief/Fire Warden
San Bernardino County Consolidated Fire District
SUBJECT:
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO
COUNTY CONSOLIDATED FIRE DISTRICT - HOUSEHOLD HAZARDOUS WASTE
COllECTION PROGRAM
RECOMMENDATION: Acting as the governing body of County Service Area 70, San Bernardino County
Consolidated Fire District (County Fire), approve Agreement with the City of San Bernardino (City) for
participation in the County Household Hazardous Waste Collection Program from July 1, 2000 to June 30,
2002 in the annual amount of $152,550.
BACKGROUND INFORMATION: The California Public Resources Code requires cities and counties to
prepare a Household Hazardous Waste Program for the safe collection, recycling. treatment and disposal
of hazardous wastes which are generated by households in the city or county and should be separated
from the sol id waste stream.
The County of San Bernardino and cities in the County have developed a countywide cooperative program
for the management of household hazardous waste. The existing Household Hazardous Waste Program
operated by County Fire is responsible for the safe management of hazardous waste. The City of San
Bernardino (City) desires protection for the health and welfare of the public and its personnel through the
removal of hazardous waste from homes so that such materials will pose no danger in event of fire,
County Fire will provide household hazardous waste management services to the City for which it will
receive annual payments in the amount of $152,550, based on a formula included in the contract, during
the term of the contract, from July 1, 2000 through June 30. 2002. This is a contract renewal for an
ongoing service that the County has provided for several years.
Under terms of the agreement, County Fire will be responsible for obtaining site permits. training City
personnel, staffing the facility, arranging for waste management, and providing annual waste reports to the
City. The City will 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.
REVIEW BY OTHERS: This action has been reviewed by County Counsel (Susan L. Nash) on November
6, 2000, Risk Management and coordinated with the appropriate Supervisorial Districts. This item was also
reviewed by the County Administrative Office (Norm Kanold, Deputy Administrative Officer).
FINANCIAL IMPACT: Revenue of $152.550 is budgeted for fiscal year 2000-2001 and will provide
funding for the services of the Household Hazardous Waste Program.
FUND-SKX-106-160-9800
SUPERVISORIAL DISTRICT(S): Third and Fifth
PRESENTER: PETER BRIERTY
cc:
MOTION
MOVE
5
DATED:
Iw
ITEM 005
X New
Change
FOR COUNTY USE ONL Y
Vendor Code Oept.
SC s~~ A
Dept. Orgn.
Contract Number
Ph. Ext.
Amount of Contract
DISTRICT
FAS
STANDARD CONTRACT
SKX
Organization
160
Commodity Code
(909) 362-5401
Obj/Rev Source Activity GRC/PROJ/JOB Number
9600
FY
Estimated Payment Total by Fiscal Year
Amount I/O FY Amount
110
Project Name
Household Hazardous Waste
Agreement without
Collection Center
THIS CONTRACT is entered into in the State of California by and between County Service Area 70, Consolidated Fire District
hereinafter called the District, and
Name
CITY OF SAN BERNARDINO
hereinafter called
CITY
Address
300 NORTH 0 STREET
SAN BERNAROINO CA 92316-0001
Phone Birth Date
(909) 364-5145
Federal 10 No. or Social Security No.
956000772
IT IS HEREBY AGREED AS FOLLOWS:
(Use "~pace below alld additional hrmd "~heet"\"" Set jrmh service to he rrllderr!J, amount to he paid, manner of payment, lime for peifomlOnce or completion, determilla/iofl ofsolisfaclory
peifomlwlce (lnd ClnlSe for tenllinatioll, other tern's and condition.\", and a/lach plw~\", specificatiom, and addenda, if any.)
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 (CSA 70 CFD), hereinafter referred to as "County" and the City of San
Bernardino hereinafter referred to as the "City".
RECITALS:
WHEREAS the California Public Resource 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
Page 1 of 5
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 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 Centers
for safe management of household hazardous waste,
2, Indemnification - City agrees to indemnify, defend, 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 this agreement from any cause whatsoever, including the acts, errors or omissions of
any person and for any costs or expenses incurred by the County on account of any claim therefore,
except where such indemnification is prohibited by law, 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 andlor 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.
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.
If Contractor has no employees, it may certify or warrant to County that it does not currently have
any employees or individuals who are defined as "employees" under the Labor Code and the
requirement for Workers' Compensation coverage will be waived by the County's Risk Manager.
With respect to Contractors that are non-profit corporations organized under California or Federal
law, volunteers for such entities are required to be covered by Workers' Compensation insurance,
If the County's Risk Manager determines that there is no reasonably priced coverage for
volunteers, evidence of participation in a volunteer insurance program may be substituted.
Page 2 of 5
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.
Waiver of Subrogation Rights- Contractor shall require the carriers of the above named coverages to
waive all rights of subrogation against the County, its officers, employees, agents, volunteers,
contractors and subcontractors,
Policies Primary and Non-Contributory - 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 Coverage - 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,
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 all requirements contained in said other provisions of this
article.
Page 3 of 5
4. Contract Compliance - City agrees to comply with the provisions of the Affirmative Action Compliance
Program of the County of San Bernardino and rules and regulations adopted pursuant thereto.
Executive orders 11246, 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of
1964, the California Fair Employment Practice Act, California Public Contracts Code 2000 and the
San Bernardino County M/WBE Policy No. 11-15, and other applicable Federal, State and County
laws, regulations and policies relating to equal employment and contracting opportunities, including
laws and regulations hereafter enacted, Information on these rules and regulations may be obtained
from the Contract Compliance Officer of the County of San Bernardino at (909) 386-8689.
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. Division 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,
7. Indemnification - County agrees to indemnify and hold harmless the City, its officers, agents,
volunteers from any and all claims, actions or losses, damages andlor 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 andlor 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 andlor
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.
CONSIDERATION
8. In consideration for the services provided, the City shall pay the Division each quarter (July 15,
October 15, January 15, and April 15), an amount calculated by the following equation: A = 0.25 (P)
where
A = amount owed each quarter
P = $152,550
Page 4 of 5
2000-313
TERM AND TERMINATION
9. This agreement shall be effective July 1, 2000 and shall remain in effect through June 30, 2001 but
may be renewed for specified periods, unless, otherwise terminated or amended.
10, Notwithstanding the foregoing, either party may terminate this contract at any time upon 90 days prior
written notice to the other party,
COUNTY OF SAN BERNARDINO
.
oD/1W4
CITY OF SAN BERNARDINO
(Print or type name of ora' il, company, contractor, etc.)
SIGNED AND C
DOCUMENT H .'
CHAIRMAN 0 H
~
Jon D. Is. Chairman, Board of Supervisors
Dated: ----DEf~ J2:WOQ~'#~ fJ.S~_
,,'i';._ . <,_,',':_".' ._'__,_' l
F,IE[)'T1rI,AT A,GgPY OF THIS
FqYERtoTO;rHE
~RD', l
iltk'Of the Boar
'0"" unl
By ~
Name
(Prin
By
Title
Dated:
Mayor
(Print or Type)
10-\<1 -00
Address
300 NORTH D STREET
SAN BERNARDINO CA 92318-0001
DIiPilty" .
Approved as to Legal Form ract Compliance
~~ L, ~QS~ ~ 12
County Counsel 1/ /7/00
Date 5 ct.X, m Date
~
Agency Administra or/CAQ
. \.ll\ ~
Date II "\ 00
Page 5 of 5
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
, AND RECORD OF ACTION
Agree. 00-1255
December 12, 2000
FROM:
PETER R, HILLS, Fire Chief/Fire Warden
San Bernardino County Consolidated Fire District
SUBJECT:
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO
COUNTY CONSOLIDATED FIRE DISTRICT-HOME GENERATED SHARPS
COLLECTION PROGRAM
RECOMMENDATION: Acting as the governing body of County Service Area 70. San Bernardino County
Consolidated Fire District (County Fire), approve Agreement with the City of San Bernardino (City) for
participation in the Home Generated Sharps Coliection Program from July 1,2000 to June 30, 2002 in an
annual amount not to exceed $4,680.
BACKGROUND INFORMATION: The California Public Resources Code requires cities and counties to
prepare a Household Hazardous Waste 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.
The existing Household Hazardous Waste Program operated by County Fire under contract with the City
of San Bernardino is responsible for the safe management of hazardous waste produced by households in
the City. The City now desires enhanced protection of the health and welfare of the public and its
personnel, in the removal of home generated sharps In addition to household hazardous waste. Sharps
are hypodermic needles and syringes.
This agreement would add home generated sharps as an additional household hazardous waste stream
collected for safe management and diversion from the City's solid waste stream, County Fire will provide
a sharps collection site and management services to the City for which it will receive reimbursement at an
hourly rate of $22.50 not to exceed $4,680 during the term of the contract from July 1. 2000 to June 30,
2002,
Under terms of the agreement, County Fire will be responsible for obtaining site permits, training City
personnel, staffing the facility, arranging for waste management, and providing annual waste reports to the
City. The City will publicize to its residents the need to properly reduce, store, transport and dispose of
sharps and inform its residents of the availability of the collection facility.
REVIEW BY OTHERS: This action has been reviewed by eounty Counsel (Susan L. Nash), on November
6, 2000. Risk Management and the appropriate Supervisorial Districts. This item has also been reviewed
by the County Administrative Office (Norm Kanold, Deputy Administrative Officer).
FINANCIAL IMPACT: Revenue of $4,680 is budgeted for the fiscal year 2000-01 and will provide funding
for the servuces of the Household Hazardous Waste Program.
FUND-SKX-106-160-9800
SUPERVISORIAL DISTRICT(S): Third and Fifth
PRESENTER: PETER BRIERTY
cc:
SBCCFD-Hendrix w/agree.
Contractor c/o SBCCFD w/agree.
Auditor/Controller w/agree,
SBD w/agree.
Co, Fire/HAZMAT-Brierty w/
agree.
ED/PSG-Goss
Risk Mgmt.
County Counsel-Nash
File w/agree.
Record of Action of the Board of Supervisors
MENT 00-1255
Ph "'.
<0 k'
o OF SUPERVISORS
BERNARDINO
AYE SECOND
3 4
MOVE
5
Iw
DATED:
ITEM 006
2000- 313
FOR COUNTY USE ONL Y
Vendor Code Dept.
SC s~~ A
Dept. Orgn.
Contract Number
..
E X New
M Change
X Cancel
District
DISTRICT
FAS
STANDARD CONTRACT
Ph. Ext.
Amount of Contract
Organization
160
(909) 382-5401
ObjlRev Source Activity GRC/PROJ/JOB Number
9800
Commodity Code
FY
Estimated Payment Total by Fiscal Year
Amount 110 FY Amount
110
Project Name
Household Hazardous Waste!
Sharps Collection
THIS CONTRACT is entered into in the State of California by and between County Service Area 70, Consolidated Fire District
hereinafter called the District, and
Name
CITY OF SAN BERNARDINO
hereinafter called
CITY
Address
300 NORTH D STREET
SAN BERNARDINO CA 92318-0001
Phone Birth Date
(909) 384-5145
Federal 10 No. or Social Security No.
956000772
IT IS HEREBY AGREED AS FOLLOWS:
(U.n' .Ipace helow and additional hond ,\'!1eels. Set fimh sen';ce 10 he rel/dered, ammmllo he paid. manner (![ payment, time for pl!ifonnonce or completion, determinatiol/ of.mlisfaclory
performance and cmlsefor tenllinafioll, other terms and condit;on.\", and auach plam, .\pecificativm, and addenda, if any.)
HOUSEHOLD HAZARDOUS WASTE COllECTION FACILITY
HOME GENERATED SHARPS COllECTION
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 (CSA 70 CFD), hereinafter referred to as "County" and the City of San
Bernardino hereinafter referred to as the "City",
RECITALS:
WHEREAS the California Public Resource Code requires Cities and Counties to prepare a Household
Hazardous Waste Elernent 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
Page 1 of 5
.
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 to continue the existing collection program of management of home
generated sharps for the protection, health and welfare of the public and its personnel through the
removal of home generated sharps from homes so that such materials will pose no danger in the solid
waste stream.
WHEREAS the City was awarded a Household Hazardous Waste Discretionary Grant (which ended
March 31, 2000) to fund the expansion of the existing collection program to include home generated
sharps.
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 store, transport and dispose of home
generated sharps at the Household Hazardous Waste Collection Facility located in the City and
inform its residents of the availability of a nearby Collection Facility and home pick up service for safe
management of home generated sharps.
2, The City shall schedule pick up appointments in coordination with Division staff for residents with
home generated sharps,
3. The City shall provide gloves, sharps containers, disposal service and sharps container storage tub
necessary for the safe and appropriate management of home generated sharps at no cost to the
Division.
4, The City shall obtain all necessary permits for the home generated sharps collection program.
5. City shall arrange for the safe, legal and timely disposal of the home generated sharps accumulated
at the Collection Facility at no cost to the Division,
6. Indemnification - City agrees to indemnify, defend, and hold harmless the County, its officers,
employees, agents and volunteers from any and all claims, actions, losses, damages andlor liability
arising out of this agreement from and cause whatsoever, including the acts, errors and omissions of
any person and for any costs or expenses incurred by the County on account of any claim therefore,
except where such indemnification is prohibited by law.
In the event the County andlor 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 andlor
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,
Page 2 of 5
~---
7. 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.
If Contractor has no employees, it may certify or warrant to County that it does not currently have
any employees or individuals who are defined as "employees" under the Labor Code and the
requirement for Workers' Compensation coverage will be waived by the County's Risk Manager.
With respect to Contractors that are non-profit corporations organized under California or Federal
law, volunteers for such entities are required to be covered by Workers' Compensation insurance,
If the County's Risk Manager determines that there is no reasonably priced coverage for
volunteers, evidence of participation in a volunteer insurance program may be substituted,
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.
Waiver of Subrogation Rights- Contractor shall require the carriers of the above required coverages
to waive all rights of subrogation against the County, its officers, employees, agents, volunteers,
contractors and subcontractors.
Policies Primary and Non-Contributory - 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 Coverage - 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,
Page 3 of 5
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 all requirements contained in said other provisions of this
article,
8. Contract Compliance - City agrees to comply with the provisions of the Affirmative Action Compliance
Program of. the County of San Bernardino and rules and regulations adopted pursuant thereto.
Executive orders 11246, 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of
1964, the California Fair Employment Practice Act, California Public Contracts Code 2000 and the
San Bernardino County M/WBE Policy No, 11-15, and other applicable Federal, State and County
laws, regulations and policies relating to equal employment and contracting opportunities, including
laws and regulations hereafter enacted, Information on these rules and regulations may be obtained
from the Contract Compliance Officer of the County of San Bernardino at (909) 386-8689,
RESPONSIBILITIES AND DUTIES OF THE COUNTY
9, The County will continue to operate a comprehensive Household Hazardous Waste Program for the
safe collection, recycling treatment and disposal of household hazardous waste and an accumulation
point for a collection program for home generated sharps co-located at the San Bernardino County
Fire Department Household Hazardous Waste Collection Facility, 2824 East "W' Street, San
Bernardino, CA. Sharps collection for City residents will be offered five days per week at this existing
facility.
10. The County shall provide pick up service of home generated sharps for City residents on an
appointment basis one day per week.
11. County will train its staff in the safe handling of home generated sharps.
12.lndemnification - County agrees to indemnify and hold harmless the City, its officers, agents,
volunteers from any and all claims, actions or losses, damages andlor liability resulting from the
County's negligent acts or omissions which arise from the County's performance of its obligations
under this agreement.
Page 4 of 5
2000-313
In the event the County andlor 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.
CONSIDERATION
13.ln consideration for the services provided, the City shall pay the Division on a quarterly basis for the
hours worked by Environmental Technicians performing sharps collection activities at $22,50 per
hour (annual amount not to exceed $4680.00) which includes benefits.
TERM AND TERMINATION
14. This agreement shall be effective July 1, 2000 and shall remain in effect through June 30, 2001 but
may be renewed for specified periods, unless, otherwise terminated or amended.
15. Notwithstanding the foregoing, either party may terminate this contract at any time upon 90 days prior
written notice to the other party.
~
Jon D. M
oDM
CITY OF SAN BERNARDINO
(Print or type name orpor, lon, company, contractor, etc.)
By ~
Dated:
Name
Title
~rvisors
n~rdino.
Dated:
UaysI'
(Print or Type)
IO.\C\-()O
300 NORTH D STREET
SAN BERNARDINO CA 92318-0001
By
Address
Approved as to Legal Form
~~/IA L-, ~las~
County Counsel
Oate 5 fr ,t 00
~
~
///8/00
,
ReVie) processi~ ,I _
~ I.......t._ Ie.... ~I~
Agency Administrator/CAG
Date ~\C\.)
Date
Page 5 of 5