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Home My WebLink About1997-017 I RESOLUTION NO. 97-17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COUNTY OF SAN BERNARDINO AND THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO TO OPERATE A HOUSEHOLD HAZARDOUS WASTE COLLECTION CENTER. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 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, 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this / resolution. lIlt /11/ lIlt lIlt lIlt lIlt lIlt lIlt lIlt lIlt December 17, 1996 1 97-17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COUNTY OF SAN BERNARDINO AND THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO TO OPERATE A HOUSEHOLD HAZARDOUS WASTE COLLECTION CENTER. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the 27th day of January ,.1997, by the following vote, to wit: Council Members AYES NAYS ABSTAIN ABSENT NEGRETE x CURLIN x ARIAS x OBERHELMAN x DEVLIN x ANDERSON x MILLER x ~c.(d ~. . City Clerk The foregoi ng resolution is hereby approved thi~~day of January , 1995. ~"/tit:/~ , TOM MINOR, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, City ttorney December 17,1996 2 97-17 MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA February 25, 1997 , . l Agree. 97-100 FROM: RICHARD W. SEWELL, Fire Chief/Fire Warden County Service Area 70, San Bernardino County Consolidated Fire District AGREEMENT BETWEEN THE CITY 01' SAN BERNARDINO AND SAN BERNARDINO COUNTY CONSOLIDATED PlRE DISTRICT, HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM SUBJECT: RECOMMENDA TION: Acting as the governing body of County Service Area 70, San Bernardino County Consolidated Fire District (County Fire), approve Agreement No. 97- 100 , with the City of San Bernardino, for participation in the County Household Hazardous Waste Collection Program. BACKGROUBD: 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 County of San Bernardino and each of the 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 the district is responsible for the safe management of hazardous waste. 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. I'IBANCIAL DATA: This is included in the Fiscal Year 1996-97 budget and will provide funding for a portion of the Household Hazardous Waste Program. REVIEW: This action has been reviewed by County Counsel (Susan L. Nash), Risk Management and coordinated with the Fifth Supervisorial cc: SBCCFD-Christensen w/agree. Contractor c/o SBCCFD w/agre Auditor w/agree. Contract Compliance w/agree. EHS Risk Mgrnt. Co. Counsel-Nash File w/agree. Action of the Board of Supervisors Agreernen 97-100 lw m 5 MOTION MOTION 4 OARD Deputy 14-9507-000 Rev. 10/81 ITEM 60 97 -17' FOR COUNTY USE ONL Y E New Vendor Code Dept. Contract Number M Change SC A Cfr"'ov X Cancel 106 County Department County Service Dept. Orgn. Contractor's license No. Area .70, Consolidated Fire District County Department Contract Representative Ph. Ext. Amount of Contract Diane Christensen (909) 382-5401 Fund I Dept. I Organization I Appr. I Obj/Rev Source Activity I GRC/PROJ/JOB Number SKX 106 160 9800 Commodity Code Estimated Payment Total by Fiscal Year FY Amount I/O FY Amount 110 Project Name Household Hazardous - - - - without - - - - Waste Agmt. - - - - Collection Center County of San Bernardino FAS STANDARD CONTRACT THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino. hereinafter called the County, and Name City of San Bernardino Address hereinafter called City 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: (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.) 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 02-'23"-000 Rev. "/90 Page 1 of 5 .~..~,..:...,...~~.-;;....:.;., ~...'.,.-..."..-:",~' . .......~~.._-...-,..:r". ..,:..-.:.,,;t,;.''',,'--'~ - :~'.;.-'J.;"',~-, ,..", ',; -:: .. .:",' ",-:'-";,1".:',':," -;"".';,::..'.,;',.,-, 97-17 . . WHEREAS the 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 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. City agrees to indemnify and hold harmless the County, its officers, agents, volunteers from any and all claims, actions or losses, damages and/or liability resulting from the City's negligent acts or omissions which arise from the City'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. 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. Page 2 ..-c.:'-;--..,....-..: ......,.. ':..::~ 97-1} . . '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 Coveraqe - 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. Town agrees to execute any such amendment within thirty (30) days of receipt. 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 MIWBE 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 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. 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. Page 3 :~."'-:;:'L-.-r- ,-",:~~_,--,:,:,,--,"'~.".' ;'. "'. 97-17 , . , 'County agrees to indemnify and hold harmless the City, its officers, 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. CONSIDERATION 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) (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 for the duration of this contract and 0.25 provides the quarterly payment amount ., Page 4 ."...... ,'i' :. ';,:.: ',., ".,'0'- . ';.,_,:",. ." ",' . c.... :'.:t.:'...... ,"', .:.<'" _.~___..,__~...__._.. .~".~._._ .-__.-.'~_..............."...-....,.,.._~._"'~..-..-~~,.."~;,..'''..''r~."...."."......-,.,.~.u..'\'::..."..~.ro.,..,."........,~.,._';;-:._";:_._,.,';.,.......w, '''-'''-.:-.':--:-C-''-=,-::''''''.'1~'''''-'-!,'_''iJ._''''~:'~'':'r-~~.:"";- ....:- :""" -..or -. '--- 97-17 '. TERM AND TERMINATION This agreement shall be effective July 1, 1996 and shall remain in effect through June 30, 1997 but may be renewed for specified periods, unless, otherwise terminated or amended. Notwithstanding the foregoing, either party may terminate this contract at any time upon 90 days prior written notice to the other party. ~ Chair Dated #IOI1"tJD SIGNED AND DOCUMENT H OF THE BOA Clerk of the Bernardino By City of San Bernardino (State if corporation. company, etc.) BY'~ '~~~/OA~ / (~uth';;,g:/~gnature}--'" Dated / r 2.p 97 Title ~~" Addre~s 300 North "n" Street .' . ~ 'I ",.; " San Bernardino, CA 92318-0001 Date J.2.. -/cf ~:?~ 02-12311-000 Rev. 11/90 ';",,-"';)"., . .,,-,-,,' "'_.,~--- -.-.---. , .. ,,- - -~""",~", ~~~ ._.~. - - Page 5 of 5 ~",.."""""'.~,',--,"_. ~.-- ,',,', ,,,',',',,,,-,,,, " ' " ~;''''''''''';'''''''--''''''';'';;'''''-~'.-~"..-"....~ ~..._.." '.- -'-''''', ""'.'-~