HomeMy WebLinkAbout07.I- Public Works RESOLUTION (ID#1796) DOC ID: 1796 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Jim Smith M/CC Meeting Date: 06/04/2012
Prepared by: Deborah Allen, (909) 384-5140
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of an Agreement and Issuance of a Purchase Order for San Bernardino County Fire
Department Pursuant to Section 3.04.010 B-3 of the Municipal Code for Household Hazardous
Waste Collection Service and Sharps Collection Service to the City.
Financial Impact:
This agreement will be for FY 12/13 through FY 16/17 in the amount of$266,240 per year.
Account Budgeted Amount: $301,000
Account No. 527-400-0098-5502
Account Description: Professional/Contractual Services
Balance as of April 18, 2012: $77,320
Balance after approval of this item: $77,320
Motion: Adopt Resolution.
Synopsis of Previous Council Action:
03/04/92 Adoption of Household Hazardous Waste Program
08/18/93 Agreement with San Bernardino County to provide HHW Collection Service
01/27/97 Agreement with San Bernardino County to provide HHW Collection Service
09/02/97 Agreement with San Bernardino County to provide HHW Collection Service
10/16/00 Agreement with San Bernardino County to provide HHW Collection Service
11/18/02 Agreement with San Bernardino County to provide HHW Collection Service
07/17/07 Agreement with San Bernardino County to provide HHW Collection Service
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Background:
C, The California Integrated Waste Management Act of 1989, as amended, (AB939) requires that
cities and counties adopt a Household Hazardous Waste (HHW) Element which describes the
proper management of HHW generated by residents within the jurisdiction, and which selects an
appropriate program based on local conditions. The City decided to participate in the
countywide HHW program administered by San Bernardino County. This program provides a
local drop-off center for residents to safely and conveniently dispose of HHW located at San
Bernardino International Airport. San Bernardino County Fire has provided HHW collection
services to the City continually since 1993.
The City of San Bernardino is required to comply with the California Health and Safety Code,
section 25218, which hereby finds and declares that all residential households that generate
household hazardous waste in the State need an appropriate and economic means of disposing of
the hazardous waste they generate. Counties and cities provide for the collection of household
hazardous waste as a community service to ensure proper handling and disposal of the material
to prevent the potential contamination of solid waste landfills. It is the shared responsibility of
state and local agencies to ensure proper recycling and disposal of household hazardous waste.
The City is also required to comply with the Public Resources Code 41500, which declares each
city shall prepare, adopt, and submit to the county in which a city is located a household
hazardous waste element which identifies a program for the safe collection, recycling, treatment,
and disposal of hazardous wastes as defined in Section 25117 of the Health and Safety Code,
which are generated by households in the city and which should be separated from the solid
waste stream. Pursuant to Public Resources Code Section 41502, the city household hazardous
waste element may include a program for the safe collection, treatment, and disposal of sharps
waste generated by households.
The County has previously incorporated disposal of waste streams with no added cost to the
existing contract. Those items include fluorescent lights, household batteries, microwaves,
phones, DVD players, VCRs, stereos, printers, clothes irons, space heaters, and mercury
thermometers. The County accepts pharmaceutical waste, such as prescription medicine, at no
additional cost.
In addition to providing HHW collection services to the City at the permanent facility, the
agreement also includes Sharps Collection and door-to-door collection of used sharps from City
homebound residents. The cost for this service is included in the proposed agreement and no
Updated:524/2012 by Sabdi Sanchez B
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additional charges will be incurred for this service. The cost for this comprehensive annual
program is $266,240(cost is calculated per capita) and is billed on a quarterly basis.
A total of$266,240 is budgeted in account 527400-0098-5502 for FY 2012-13, $228,240 from
the Household Hazardous Waste Collection Program and $38,000 to be utilized from the Oil
Payment Program funding.
City Attorney Review:
Richard Luczak
Supportine Documents:
reso 1796 (PDF)
Exhibit A (PDF)
Updated:5/24/2012 by Sabdi Sanchez B
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND ISSUANCE OF A PURCHASE ORDER TO SAN BERNARDINO COUNTY
4 FIRE DEPARTMENT PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL
CODE FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION SERVICE AND
5 SHARPS COLLECTION SERVICE TO THE CITY.
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6 NOW, THEREFORE, BE IT RESOLVED' THAT THE MAYOR AND 0
7 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: °c
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8 SECTION 1.The City Manager of the City of San Bernardino is hereby authorized to �
9 execute on behalf of said City an Agreement between the City of San Bernardino and San r0
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10 Bernardino County Fire Department, a copy of which is attached hereto, marked Exhibit"A" r
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and incorporated herein by reference as fully as though set forth at length. San Bernardino m
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County Fire Department is selected to provide household hazardous waste collection service a0i
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14 and sharps collection service to the City; pursuant to this determination the Purchasing
15 Manager is hereby authorized to issue a purchase order to San Bernardino County Fire
16 Department for a total amount of$266,240.00. N
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17 SECTION 2. This purchase is exempt from the formal contract procedures of Section n
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3.04.010 of the Municipal Code, pursuant to Section 3.04.010. 13.3 of said Code, "Purchases
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approved by the Mayor and Common Council".
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21 SECTION 3. The Purchase Order shall reference this Resolution No.2012- m,
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22 and shall read, "San Bernardino County Fire Department, household hazardous waste s
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23 collection services and sharps collection service to the City of San Bernardino". The amount
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of the Purchase Order shall not exceed$266,240.00.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 AND ISSUANCE OF A PURCHASE ORDER TO SAN BERNARDINO COUNTY
FIRE DEPARTMENT PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL
3 CODE FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION SERVICE AND
4 SHARPS COLLECTION SERVICE TO THE CITY.
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SECTION 4. The authorization to execute the above referenced Agreement is
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7 rescinded if it is not executed by all parties within sixty (60) days of the passage of this 0
$ resolution.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 AND ISSUANCE OF A PURCHASE ORDER TO SAN BERNARDINO COUNTY
FIRE DEPARTMENT PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL
3 CODE FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION SERVICE AND
4 SHARPS COLLECTION SERVICE TO THE CITY.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and ,
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6 Common Council of the City of San Bernardino at a meeting 0
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7 thereof,held on the_day of 2012,by the following vote,to wit: a
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9 Council Members: AYES NAYS ABSTAIN ABSENT m
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10 MARQUEZ N
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11 JENKINS 3
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12 VALDIVIA
13 SHORETT 3
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15 KELLEY
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16 JOHNSON
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17 MCCAMMACK o
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19 Georgeann Hanna,City Clerk
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The foregoing resolution is hereby approved this day of 2012.
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23 Patrick J.Morris,Mayor
24 City of San Bernardino a
25 Approved as to form:
JAMES F. PENMAN,
26 City Attorney
27 By:
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Exhibit A
FOR OFFICIAL USE ONLY
01 New Vendor Code Dept. Contract Number
Change TSC A
cancel
AN BERNARDINO COUNTY FIRE PROTECTION Dept. Orgn. Contractor's License No.
(STRICT
Contract Representative Telephone Total Contract Amount
SAN BERNARDINO COUNTY
FIRE PROTECTION lonie Wallace (909)382-W $266.240 per year
Contract Type
DISTRICT
Revenue Encumbered F1 Unencumbered Other
F A S If not encumbered or revenue contract type,provide reason:
Commodity Code Contra G Start Date Contract End Date Onginal Amount Amendment Amol
STANDARD CONTRACT $ $
Fund Dept. Organization Appr. Obl/Rev Source GRC/PROJ/JOB No Amount
FHH 107 160 8842 $ 0
Fund Dept, Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount 0
$ t
9
Fund Dept. Organization Appr. Ohj/Rev Source GRC/PROJ/JOB No. Amount m
$
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Project Name Estimated Payment Total by Fiscal Year m
Household Hazardous FY Amount Ito FY Amount in m
Waste Agreement without 12/13 $266,240 _ 15/16 $266,240 N
Collection Facility 13114 $266,240 _ 16117 $266.240 _ •;
14115 $266.240
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THIS CONTRACT is entered into in the State of California by and between the SAN BERNARDINO COUNTY FIF
PROTECTION DISTRICT, hereinafter called the DISTRICT, and rn
Name �s
City of San Bernardino hereinafter called City =
Address
300 North D Street
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San Bernardino, CA 92318-0001
Telephone Federal ID No.or Social Security No. Q
(909) 384-5549 a
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IT IS HEREBY AGREED AS FOLLOWS: L.U.
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment time for performance or compietit
determination of satisfactory performance and cause for termination,other terms and conditions,and attach plans,specifications,and addenda,ifany) E
HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT
This Agreement is made and entered into between the San Bernardino County Fire Protection Distric
hereinafter referred to as "District' and the City of San Bernardino hereinafter referred to as the"City".
RECITALS:
WHEREAS, the California Public Resources Code (Section 47000 at seq.) requires cities and counties i
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 an
which should be separated from the solid waste stream; and,
Auditor/Contro/ler-Recorder Use Only
❑Contract Database ❑FAB
Input Date Keyed By
Packet Pg.417
WHEREAS, the County of San Bernardino and each of the cities in the County have developed Househc
Hazardous Waste Elements (HHWE)which identify a county-wide cooperative program for the management
Household Hazardous Waste; and,
WHEREAS, the existing Household Hazardous Waste program operated by the District is consistent with ti
adopted HHWE; and,
WHEREAS, the District's Division of Hazardous Materials, is a division of District responsible for the sa
management of hazardous waste; and,
WHEREAS, the City desires for the protection, health and welfare of the public and its personnel, the remov
of hazardous waste from homes so that such materials will pose no danger in the event of fire, the preventk ;
of potential environmental degradation and the conservation of resources through recycling. c
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NOW, THEREFORE, in consideration of mutual covenants and conditions the parties hereto agree as follows °c
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WITNESSETH: ro
RESPONSIBILITIES AND DUTIES OF THE CITY `m
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1. The City shall publicize to its residents the need to properly reduce, recycle, store, transport and dispose
Household Hazardous Waste and inform its residents of the availability of nearby Collection Facilities for 3
safe management of household hazardous waste, in the manner and form recommended by District.
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RESPONSIBILITIES AND DUTIES OF THE DISTRICT 3
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2. The District will continue to operate a comprehensive Household Hazardous Waste Program (Program) f =
the safe collection, recycling, treatment and disposal of household hazardous waste including univers ,O
waste, home-generated sharps and pharmaceutical waste excluding controlled substances. The Distri
program shall be based on a Central Processing Facility and a regional network of collection centers site a
so as to provide safe, convenient service to the public in a cost-effective manner. a
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3. In addition to the normal operating hours of the County's Household Hazardous Waste Collection Facilit w
the County will also operate the Facility, currently located at 2824 East W. Street, San Bemardin m
California, 92415, on one Saturday per year for the City. County shall coordinate with the City to determir QE
the date and time of this"Saturday" collection date.
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4. The County will assist the City in staffing an educational booth at the annual Route 66 Rendezvous ever a
concerning used oil and filter and Household Hazardous Waste management
5. County will pick up sharps from City residents who are unable to transport their full sharps containers to tt
consolidation point located at the designated Household Hazardous Waste Collection Facility. This servi(
will be provided on an appointment basis and at no additional cost to the city.
6. District shall provide an annual report to the City, which shall include the amounts and types of was
collected, participation by jurisdiction, and final disposition of the waste.
7. District shall compile and provide to the California Department of Resources Recycling and Recove
(CalRecycle), the Department of Toxic Substances Control, and the Certified Unified Program Agency, It
City's Annual Form 303 Report. District shall also compile and submit the annual NPDES reports to tt
County Storm Water Program.
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CONSIDERATION
8. In consideration for the services provided, City shall pay the District an amount of $66,560 each quarto
fiscal year 2012/2013 through fiscal year 2016/2017, (payment due on: July 15, October 15, January 1
and April 15). This consideration includes pending cost saving for the decreased cost in managing carte
types of paint products
TERM AND TERMINATION
7. 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.
8. Notwithstanding the foregoing, either party may terminate this Agreement at any time upon 90 days prior
written notice to the other party.
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INSURANCE AND INDEMNIFICATION °c
9. City and District are authorized self-insured public entities for purposes of Professional Liability, Gener E
Liability, Automobile Liability and Workers' Compensation and warrant that through their respectie E
programs of self-insurance, they have adequate coverage or resources to protect against liabilities arisir m
out of the performance of the terms, conditions or obligations of this Agreement.
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10. District agrees to indemnify, defend (with counsel reasonably approved by City)and hold harmless City, it
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 2
any person and for any costs or expenses incurred by City on account of any claim, except where such d
indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence rn
or degree of fault of indemnities. The District's indemnification obligation applies to City's "active" as well s
as "passive" negligence but does not apply to City's"sole negligence" or"willful misconduct"within the
meaning of Civil Code section 2782.
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City agrees to indemnify, defend (with counsel reasonably approved by District)and hold harmless Distrie
its officers, employees, agents and volunteers, from claims, actions, losses, damages, and/or liabili a
arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions of ar x
person and for any costs or expenses incurred by City on account of any claim, except where sue w
indemnification is prohibited by law. This indemnification provision shall apply regardless of the existen(
or degree of fault of indemnities. The City's indemnification obligation applies to District's "active" as we E
as "passive" negligence but does not apply to District's "sole negligence" or "willful misconduct" within It
meaning of Civil Code section 2782. Q
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 ar
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 nc
be construed against the employer of that employee
GENERAL TERMS AND CONDITIONS
11. Representation of the District. In the performance of the Agreement, City, its agents and employees, shal
act in an independent capacity and not as officers, employees, or agents of the District.
12. Change of Address. City shall notify the District in writing of any change in mailing address within ten (1
business days of the change.
13. Agreement Assignability. Without the prior written consent of the District, the agreement is not assignab
by City, either in whole or in part.
14. Agreement Amendments. City agrees that any alterations, variations, modifications, waivers, or provisior
of the Agreement shall be valid only when reduced to writing, duly signed, and attached to the origin
Agreement and approved by the required persons of both City and District.
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15. Correction of Performance Deficiencies. Failure by City to comply with any of the provisions, covenant L)
requirements or conditions of this agreement shall be a material breach of this agreement. °c
In the event of a non-cured breach, District may, at its sole discretion and in addition to immediate terminati( 2
and any other remedies available at law, in equity,or otherwise specified in this Contract: E
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A. Afford City thereafter a time period within which to cure the breach, which period shall be establish( m
at sole discretion of District; and/or,
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B. Terminate this Contract.
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16. Attorney Fees and Costs. If any legal action is instituted to enforce any party's rights hereunder, ea( u
party shall bear its own costs and attorneys' fees, regardless of who is the prevailing party. This paragraf it
shall not apply to those costs and attorneys' fees directly arising from a third-party legal action against 3
party hereto and payable under INDEMNIFICATION paragraphs. x
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17. Venue and Governing Law. The venue of any action or claim brought by any party to this Agreement w m
be the Central District Court of San Bernardino County. Each party hereby waives any law or rule of tt
court, which would allow them to request or demand a change of venue. If any action or claim concemir
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 t t
the laws of the State of California. w
18. Notification. In the event of a problem or potential problem that will impact the level of performance und, m
this Agreement, the City shall notify the District within one (1) working day, in writing and by telephon r
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19. Former County and District Officials. City agrees to provide or has already provided information on form, a
San Bernardino County and District administrative officials (as defined below) who are employed by
represent City. The information provided includes a list of former County and District administrath
officials who terminated COUNTY or District employment within the last five years and who are no
officers, principals, partners, associates or members of the business. The information also includes tf
employment with or representation of City. For purposes of this provision, "County administrative official"
defined as a member of the Board of Supervisors or such officer's staff, County Administrative Officer ,
member of such officer's staff, County or District department or group head, assistant department or grOL
head, or an employee in the Exempt Group, Management Unit, or Safety Management Un
20. Inaccuracies or Misrepresentations. If in the course of or the administration of this Agreement Distri
determines that City has made a material misstatement or misrepresentation or that materially inaccura
information has been provided to the District, this Agreement may be immediately terminated. If tt
Agreement is terminated according to this provision, the District is entitled to pursue any available leg
remedies.
21. Waiver. No delay on the part of either party in exercising any power or right hereunder shall operate as
waiver thereof; nor shall any single or partial exercise of any power or right preclude any other or furth
exercise thereof of any other power or right. No waiver by any party of any right hereunder or of ai
default shall be binding upon such party unless such waiver is in writing and signed by a duly authorize
official of such party; and no waiver of any default or failure by such party to exercise any right hereund
shall operate as a waiver of any other or further exercise of such right or of any further default.
22. Severability. If any provisions of this agreement, or portions thereof, or the application thereof to ai
circumstances shall be held invalid or unenforceable, the remainder of this agreement and the applicatic
thereof to other circumstances shall nevertheless be valid.
23. Notices and Reports. Any notices shall be addressed to the respective parties as set forth below:
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DISTRICT: Ionia Wallace, REHS u
Supervising Hazardous Materials Specialist 0
Household Hazardous Waste Program
2824 East"W" Street `m
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San Bernardino, CA 92415-0799
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CITY: Deborah Allen, LEED Green Associate
Environmental Projects Manager v,
City of San Bernardino
300 N. D St. 3
San Bernardino, CA 92418
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14. Entire Agreement. en
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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 o
the terms hereof and supersedes any and all prior and contemporaneous agreements and m
understandings.
B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to comn a
and bind their respective institutions to the terms and conditions set forth in this document. x
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1N WITNESS WHEREOF, the Board of Directors has caused this Agreement to be subscribed to by the Cle
thereof, and City has caused this Agreement to be subscribed on its behalf by its duly authorized officers, the de
month and year written.
San Bernardino County Fire Protection District City of San Bernardino
(Print or type name or corporation, company, contractor, etc.)
► By 11-Josie Gonzales, Chair, Board of Directors (Authorized signature-sign in blue ink)
Dated: Name
(Pont w type name of person signing contract) _
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE Title c
CHAIRMAN OF THE BOARD (Print or Type)
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Laura H.Welch, Secretary Dated: o
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Address
By Deputy w
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Approved as to Legal Form Reviewed by Contract Compliance Presented to Board for Signature m
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Counsel
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