HomeMy WebLinkAbout2017-1501
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RESOLUTION NO. 2017-150
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN
AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO SAN BERNARDINO
COUNTY FIRE DEPARMENT PURSUANT TO SECTION 3.04.010 (B) (3) OF THE
MUNICIPAL CODE RELATED TO HOUSEHOLD HAZARDOUS WASTE
COLLECTION AND SHARPS COLLECTION SERVICES
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to
execute on behalf of said City an Agreement between the City of San Bernardino and San Bernardino
County Fire 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. This purchase order is exempt from the formal contract procedures of Charter
3.04 of the Municipal Code, pursuant to Section 3.04.010 (13)(3) of said Code, "Purchases approved by
the Mayor and Common Council."
SECTION 3. The Purchase Order shall reference this Resolution and shall read, "San
Bernardino County Fire Department, household hazardous waste collection services and sharps
collection service to the City of San Bernardino." The amount of the Purchase Order shall not exceed
$274,227.20 for FY 17/18.
SECTION 4. The authorization to execute the above referenced Agreement is rescinded if it is
not executed by all parties within sixty (60) days of the passage of this Resolution and return same to
the Office of the City Clerk.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN
AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO SAN BERNARDINO
COUNTY FIRE DEPARMENT PURSUANT TO SECTION 3.04.010 (B) (3) OF THE
MUNICIPAL CODE RELATED TO HOUSEHOLD HAZARDOUS WASTE
COLLECTION AND SHARPS COLLECTION SERVICES
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
16' day of August 2017, by the following vote, to wit:
Council Members: AYES
MARQUEZ X
BARRIOS
VALDIVIA X(M)
SHORETT X
NICKEL X
RICHARD X
MULVIHILL X(S)
NAYS ABSTAIN ABSENT
X
rrc
George arena, CM _ •C"ity Clerk
The foregoing Resolution is hereby approved this 16'b day of Aum 2017.
R. Carey Da s, Mayor
City of SarvBemardino
Approved as to form:
Gary D. Saenz, City Attorney
?
a-
Rev 7-12-16
REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
AND RECORD OF ACTION
FROM:
SUBJECT:
November 14, 2017
MARK A. HARTWIG, Fire Chief/Fire Warden
San Bernardino County Fire Protection District
REVENUE AGREEMENT WITH THE CITY OF SAN BERNARDINO FOR
PARTICIPATION IN THE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM
RECOMMENDATION(S)
Acting as the governing body of the San Bernardino County Fire Protection District, approve
revenue Agreement No. 17-866 with the City of San Bernardino for participation in the
Household Hazardous Waste Collection Program effective July 1, 2017 through June 30, 2022 in
the not to exceed amount of $1,455,909.46.
(Presenter: Michael Horton, Fire Marshal, 386-8410)
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS AND OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies.
FINANCIAL IMPACT
Approval of this agreement will not result in the use of additional Discretionary General Funding
(Net County Cost) because the City of San Bernardino will compensate the San Bernardino
County Fire Protection District (SBCFPD) for their costs of participating in the Household
Hazardous Waste (HHW) Collection Program. The following table summarizes SBCFPD's not to
exceed amount of contract revenue by fiscal year:
Fiscal Year
Annual Revenue
2017-18
$ 274,227
2018-19
$ 282,454
2019-20
$ 290,928
2020-21
$ 299,655
2021-22
$ 308,645
Total
$ 1,455,909
The 2017-18 budget for SBCFPD includes $2.1 million in revenue and appropriation related to the
participation of 23 cities/towns, including the City of San Bernardino, in the HHW Collection
Program. Revenue and appropriation for the HHW Collection Program will also be included in
future recommended budgets.
cc: SBCFPD-Ronchetti w/ agree
Contractor Go SBCFPD w/ agree
SDD-Reception w/ agree
SBCFPD-Hartwig, Horton
CAO -Forster
File - w/ agree
mb 11/14/17
ITEM 49
Page 1 of 2
Record of Action of the Board of Directors
ENT CALENDAR)
San -`Y .iii Tr
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MOTION SE
7
District
MOVE AYE
4 5
REVENUE AGREEMENT WITH THE CITY OF SAN BERNARDINO FOR,
PARTICIPATION IN THE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
NOVEMBER 14, 2017
PAGE 2OF2
BACKGROUND INFORMATION
The California Public Resources Code requires cities and counties to provide HHW Collection
Programs for the safe collection, recycling, treatment and disposal of hazardous waste generated
by households that should be separated from the solid waste stream. The County of San
Bernardino has developed a countywide cooperative program for the management of HHW.
SBCFPD contracts with every city/town in the County, except the City of Fontana which operates
its own program, to provide for the safe management of hazardous waste. By contracting with
SBCFPD, the cities/towns protect the health and safety of their residents through the removal of
hazardous waste from homes, so that this waste will pose no danger.
Contracts with 20 cities/towns for the HHW Collection Program expired on June 30, 2017. New
agreements for 19 of these cities/towns were previously approved by the Board of Directors
(Board) for continued participation in the program. This recommended agreement with the City of
San Bernardino (City) is retroactive to July 1, 2017 because SBCFPD had to wait for approval
from the City's governing body before proceeding with this action. Nonetheless, SBCFPD has
continued to accept HHW from the City in the interest of public safety and to avoid any lapse in
service.
In accordance with the agreement, SBCFPD will be responsible for managing household
hazardous waste generated by the City's residents and providing annual waste reports to the
public agency. The agreement is for a term of five years, but may be terminated by either party at
any time upon 90 days prior written notice to the other party.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Carol Greene, Supervising Deputy County
Counsel, 387-5455) on October 20, 2017; Finance (Tom Forster, Administrative Analyst, 387-
4635) on October 26, 2017; and County Finance and Administration (Valerie Clay_ , Deputy
Executive Officer, 387-5423) on October 27, 2017.
11/14/17 #49
San Bernardino County Fire
Protection District
Department Contract Representative
Telephone Number
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
Contract Number
T
SAP Number
Monica Ronchetti
382-5401
City of San Bernardino
909-384-5353
7/1/17 to 6/30/2022
$1,455,909.46
1071062419
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amours 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.)
Standard Contract Page 1 of 3
HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT
This Agreement is made and entered into between the San Bernardino County Fire Protection District,
hereinafter referred to as "District" and the City of San Bernardino hereinafter referred to as the °CITY.'
RECITALS:
WHEREAS, the California Public Resources Code (Section 47000 et seq.) requires cities and counties to
prepare a Household Hazardous Waste Element which identifies a program for the safe collection, recycling,
treatment and disposal of hazardous wastes which are generated by households in the city or county and
which should be separated from the solid waste stream; and,
WHEREAS, 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 District is consistent with the
adopted HHWE; and,
WHEREAS, the District's Division of Hazardous Materials, is a division of District responsible for the safe
management of hazardous waste; and,
WHEREAS, the CITY desires for the protection, health and welfare of the public and its personnel, the removal
of hazardous waste from homes so that such materials will pose no danger in the event of fire, the prevention of
potential environmental degradation and the conservation of resources through recycling.
NOW, THEREFORE, in consideration of mutual covenants and conditions the parties hereto agree as follows:
WITNESSETH:
RESPONSIBILITIES AND DUTIES OF THE CITY
1. The CITY shall publicize to its residents the need to properly reduce, recycle, store, transport and dispose
of Household Hazardous Waste and inform its residents of the availability of nearby Collection Facilities for
the safe management of household hazardous waste, in the manner and form recommended by District.
RESPONSIBILITIES AND DUTIES OF THE DISTRICT
2. The District will continue to operate a comprehensive Household Hazardous Waste Program (Program) for
the safe collection, recycling, treatment and disposal of household hazardous waste including universal
waste, home -generated sharps and pharmaceutical waste excluding controlled substances. The District
program shall be based in 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.
3. District shall provide an annual report to the CITY, which shall include the amounts and types of waste
collected, and participation by jurisdiction.
Revised 05/04/2015 Page 2 of 6
V
v
4. District shall compile and provide to the California Department of Resources Recycling and Recovery
(CalRecycle), the Department of Toxic Substances Control, and the Certified Unified Program Agency, the
Annual Form 303 Report.
CONSIDERATION
5. In consideration for the services provided, CITY shall pay the District the following amount not to exceed
$1,455,909.46:
Fiscal year
Annual amount
Amount per quarter
2017/2018
$274,227.20
$68,556.80
2018/2019
$282,454.02
$70,613.50
2019/2020
$290,927.64
$72,731.91
2020/2021
$299,655.47
$74,913.87
2021/2022
$308,645.13
$77,161.28
Payment due on: July 15, October 15, January 15, and April 15.
TERM AND TERMINATION
6. This Agreement shall be effective July 1, 2017 and shall remain in effect through June 30, 2022, but may
be renewed for specified periods, unless, otherwise terminated or amended.
7. Notwithstanding the foregoing, either party may terminate this Agreement at any time upon 90 days prior
written notice to the other party.
INSURANCE AND INDEMNIFICATION
8. CITY and District are authorized self-insured public entities for purposes of Professional Liability, General
Liability, Automobile Liability and Workers' Compensation and warrant that through their respective
programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising
out of the performance of the terms, conditions or obligations of this Agreement.
9. District agrees to indemnify, defend (with counsel reasonably approved by CITY) and hold harmless CITY,
its officers, employees, agents and volunteers, from any and all claims, actions, losses, damages, and/or
liability arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions of
any person and for any costs or expenses incurred by CITY on account of any claim, except where such
indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence
or degree of fault of indemnities. The District's indemnification obligation applies to CITY'S "active" as well
as "passive" negligence but does not apply to CITY's "sole negligence" or'willful misconduct' within the
meaning of Civil Code section 2782.
CITY agrees to indemnify, defend (with counsel reasonably approved by District) and hold harmless
District, its officers, employees, agents and volunteers, from claims, actions, losses, damages, and/or
liability arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions of
any person and for any costs or expenses incurred by District on account of any claim, except where such
indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence
Revised 05/04/2015 Page 3 of 6
or degree of fault of indemnities. The CITY's indemnification obligation applies to District's "active' as well
as "passive" negligence but does not apply to District's "sale negligence' or 'Willful misconduct" within the
meaning of Civil Code section 2782.
In the event District and/or CITY are found to be comparatively at fault for any claim, action, loss or
damage which results from their respective obligations under this Agreement, District and/or CITY, as
applicable, shall indemnify the other to the extent of its comparative fault.
Notwithstanding indemnification for any claim, action, loss, or damage involving a third party, District and
CITY hereby waive any and all rights of subrogation recovery against each other.
Furthermore, if District or CITY attempts to seek recovery from the other for Workers' Compensation
benefits paid to an employee, District and CITY agree that any alleged negligence of the employee shall
not be construed against the employer of that employee
GENERAL TERMS AND CONDITIONS
10. Representation of the District. In the performance of the Agreement, CITY, its agents and employees,
shall act in an independent capacity and not as officers, employees, or agents of the District.
11. Change of Address. CITY shall notify the District in writing of any change in mailing address within ten (10)
business days of the change.
12. Ameement Assi , nabilit . Without the prior written consent of the District, the agreement is not assignable
by CITY, either in whole or in part.
13. Aareement Amendments. CITY agrees that any alterations, variations, modifications, waivers, or
provisions of the Agreement shall be valid only when reduced to writing, duly signed, and attached to the
original Agreement and approved by the required persons of both CITY and District.
14. Correction of Performance Deficiencies. Failure by CITY to comply with any of the provisions, covenants,
requirements or conditions of this agreement shall be a material breach of this agreement.
In the event of a non -cured breach, District may, at its sole discretion and in addition to immediate termination
and any other remedies available at law, in equity, or otherwise specified in this Contract
A. Afford CITY thereafter a time period within which to cure the breach, which period shall be established
at sole discretion of District; and/or,
B. Terminate this Contract.
15. Attorney Fees and Costs. If any legal action is instituted to enforce any party's rights hereunder, each
party shall bear its own costs and attorneys' fees, regardless of who is the prevailing party. This paragraph
shall not apply to those costs and attorneys' fees directly arising from a third -party legal action against a
party hereto and payable under INDEMNIFICATION paragraphs.
16. Venue and Govemino Law. The venue of any action or claim brought by any party to this Agreement will
be the Central District Court of San Bernardino County. Each party hereby waives any law or rule of the
court, which would allow them to request or demand a change of venue. If any action or claim concerning
this Agreement is brought by any third -party, the parties hereto agree to use their best efforts to obtain a
Revised 05/0412015 Page 4 of 6
change of venue to the Central District Court of San Bernardino County. This contract shall be govemed by
the laws of the State of California.
17. Notification. In the event of a problem or potential problem that will impact the level of performance under
this Agreement, the CITY shall notify the District within one (1) working day, in writing and by telephone.
18. Former Count and District Officials. CITY agrees to provide or has already provided information on
former San Bernardino County and District administrative officials (as defined below) who are employed by
or represent CITY. The information provided includes a list of former County and District administrative
officials who terminated County or District employment within the last five years and who are now officers,
principals, partners, associates or members of the business. The information also includes the
employment with or representation of CITY. For purposes of this provision, "County administrative official"
is defined as a member of the Board of Supervisors or such officer's staff; County Administrative Officer or
member of such officer's staff, County or District department or group head, assistant department or group
head, or an employee in the Exempt Group, Management Unit, or Safety Management Unit.
19. Inaccuracies or Misre;- resentations. If in the course of or the administration of this Agreement a party
determines that the other party has made a material misstatement or misrepresentation or that materially
inaccurate information has been provided, this Agreement may be immediately terminated. If the
Agreement is terminated according to this provision, the parties are entitled to pursue any available legal
remedies.
20. Waiver. No delay on the part of either party in exercising any power or right hereunder shall operate as a
waiver thereof; nor shall any single or partial exercise of any power or right preclude any other or further
exercise thereof of any other power or right. No waiver by any party of any right hereunder or of any
default shall be binding upon such party unless such waiver is in writing and signed by a duly authorized
official of such party; and no waiver of any default or failure by such party to exercise any right hereunder
shall operate as a waiver of any other or further exercise of such right or of any further default
21. Severability. If any provisions of this agreement, or portions thereof, or the application thereof to any
circumstances shall be held invalid or unenforceable, the remainder of this agreement and the application
thereof to other circumstances shall nevertheless be valid.
22. Notices and Repo . Any notices shall be addressed to the respective parties as set forth below:
DISTRICT: Monica Ronchettl
Supervising Hazardous Materials Specialist
Household Hazardous Waste Program
2824 East W Street
San Bernardino, CA 92415-0799
CITY.. Timothy O'Neal
City of San Bernardino
300 N. D St.
San Bernardino, CA 91418
23. Entire Ac reement.
A. This agreement is intended by the parties hereto as a final expression of their agreement and
understanding with respect to the subject matter hereof and as a complete and exclusive statement of
the terms hereof and supersedes any and all prior and contemporaneous agreements and
understandings.
B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit
and bind their respective institutions to the terms and conditions set forth in this document.
Revised 05104/2015 Page 5 of 6
IN WITNESS WHEREOF, the Board of Directors has caused this Agreement to be subscribed to by the Clerk
thereof, and CITY has caused this Agreement to be subscribed on its behalf by its duly authorized officers, the
day, month and year written.
SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
Robert A. Lovingood, hairman, Board of Directors
Dated: NOV 14 2017
SIGNED AND CER COPY OF THIS
DOCUMENT H &W TO THE
CHAIRMAN O J3i3ARD--.. co
Laura H. Wald retary
By _
Approved as to Legal Form
� 1
Counsel
Reviewed by Contract
ON.
Date Date
Ci n P,prn rdino
(Print ot type naf CwPorafroy 00 pony, conhactor. etc.)
By
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(Auflwiwd signature - sign in blue ink)
Name A ncf ren ":I ll -e r
(Print or type name of person signing contract)
Title _ M n
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Dated:
Address .29c) N0r*1 0 Stree+
San Q Mead ino CA 17 tol
Presented to
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Date
Revised 05/04/2015 Page 6 of 6
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