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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject: Resolution of the Mayor and
Common Council of San Bernardino
authorizing the execution of an Agreement
and issuance of a Purchase Order for San
Bernardino County Fire Department for
Household Hazardous Waste Collection
Service and Sharps Collection Service to
the City.
From: Ken Fischer, Director
Dept: Public Services
Date: June 20. 2007
Meeting Date: July 16, 2007
Synopsis of Previous Council Action
03/04/92 92-83 Adoption of Household Hazardous Waste Program
08/18/93 93-318 Agreement with San Bernardino County to provide HHW Collection Service
01/27/97 97-17 Agreement with San Bernardino County to provide HHW Collection Service
09/02/97 97 -273 Agreement with San Bernardino County to provide HHW Collection Service
10/16/00 2003-313 Agreement with San Bernardino County to provide HHW Collection Service
11/18/02 2002-367 Agreement with San Bernardino County to provide HHW and Sharps Collection
Service
Recommended Motion:
Adopt Resolution
{#
/ / Ignature
Contact person: Linda Ceballos. Environmental Projects Manager
5549 ext. 3424
FUNDING REQUIREMENTS:
Phone:
Ward:
All
Amount:
$240.551.00
Source:
Refuse Funds
Accl. 527-415-5502
rmance:
Council Notes:
1/111/07
Agenda Item No. ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Resolution of the Mayor and Common Council 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.
BACKGROUND:
The California Integrated Waste Management Act of 1989, as amended, (AB939)
requires that cities and counties must 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 County strives to keep costs low by applying for and receiving grant funds to offset
the rising cost of disposal. In 2006 the Department of Toxic Substance Control did not
extend the temporary disposal exemptions that allowed households to dispose of some
hazardous waste in the trash, leaving local jurisdictions to bear the cost of disposal.
Those items include fluorescent lights, household batteries, microwaves, cell phones,
phones, DVD players, VCRs, stereos, printers, clothes irons, space heaters, and
mercury thermometers. The County immediately incorporated disposal of the new
waste streams with no added cost to the existing contract. After numerous discussions
with County staff and representatives from other participating jurisdictions it was
decided that the added cost of disposal should be added to the participating jurisdiction
contracts instead of charging residents at the time of disposal.
In 2005-06 the annual cost was $180,000 (approximately $0.85 per resident - cost is
calculated per capita), with a total of 3,272 San Bernardino residents disposing of
240,000 pounds of household hazardous waste at the facility.
The new waste streams, particularly fluorescent lights, have driven the disposal cost up
considerably. The proposed agreement term is five years, effective 2007/08 through
2011/12. Cost for 2007/08 is $238,151 (approximately $1.18 per resident), with a three
percent increase each fiscal year.
In addition to providing HHW collection services to the City at the permanent facility, the
agreement also includes use of the facility for the City's Sharps Collection/ Exchange
Program and door-to-door collection of used sharps from homebound residents. The
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cost for the door-to-door collection is $20 per pick-up, for a not exceed amount of
$2,400. This cost is not included in the proposed agreement cost and is billed
separately on a quarterly basis.
Because the City does not currently have the infrastructure for a permanent drop off
facility, staff researched pricing for door-to-door household hazardous waste collection
service to determine if the County was still the most cost effective. Pricing for door-to-
door collection of HHW is $288,000 ($3.60 per household) for 80,000 households. This
type of service, although convenient, would limit the number of participants to three calls
per year and would not include collection of computer monitors or televisions.
FINANCIAL IMPACT:
A total of $240,551 is budgeted in account 527-415-5502 for FY 2007-08, $238,151 for
the Household Hazardous Waste Collection Program and $2,400 for Sharps Collection
for homebound residents.
RECOMMENDATION:
Adopt Resolution.
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RESOLUTION NO.
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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 TO 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.
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That 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
12 forth at length. San Bernardino County Fire Department is selected to provide
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household hazardous waste collection service and sharps collection service to the
City; and
SECTION 2. This purchase is exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
Code, "Purchases approved by the Mayor and Common Council".
SECTION 3. Pursuant to this determination the Purchasing Manager is hereby
20 authorized to issue the purchase order to San Bernardino County Fire Department for
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a total amount of $240,551.00. The Purchase Order shall reference this Resolution
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24 household hazardous waste collection services and sharps collection service to the
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No. 2007-
, and shall read, "San Bernardino County Fire Department,
City of San Bernardino" P.O. No.
, not to exceed $240,551.00 and shall
incorporate the terms and conditions of the purchase order.
July 3, 2007
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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 TO 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.
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SECTION 4. The authorization to execute the above referenced Agreement is
rescinded if it is not issued within sixty (60) days of the passage of this resolution.
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July 3, 2007
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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 TO 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.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2007 by the
9 following vote, to wit:
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Council Members:
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Aves
Navs
Abstain
Absent
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of ,2007.
Patrick J. Morris, Mayor
City of San Bernardino
Ap'proved as to form:
,~
es F. Penman, City Attorney
July 2, 2007
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FOR COUNTY USE ONLY
FAS
~ New Vendor Code Dep!. Contract Number
f- Change SC CFD A 02-
Cancel
District County Service Area 70, Consolidated Fire Dep!. Orgn. Contractor's License No.
District
District Contract Representative Telephone Total Contract Amount
lonie Wallace 382-5401 Approximately $238,151 per year
Contract Type
[]] Revenue o Encumbered o Unencumbered 0 Other:
If not encumbered or revenue contrad type, provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
July 1, 2007 June 30,2012
Fund Oep!. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
SKX 106 160 9800
Fund Dep!. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Fund Dep!. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
Household Hazardous
Waste Agreement FY Amount I/O FY Amount I/O
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District
STANDARD CONTRACT
THIS CONTRACT is entered into in the State of California by and between County Service Area 70, hereinafter called the
County, and
Name
City of San Bernardino
hereinafter called City
Address
300 North D Street
San Bernardino, CA 92318-0001
Telephone Federal to No. or Social Security No.
(909) 938-5549 956000772
IT IS HEREBY AGREED AS FOllOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for perlormance or completion,
determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.)
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FOR CITIES WITHOUT A COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE
AGREEMENT
IT IS HEREBY AGREED TO AS FOLLOWS:
This Agreement is made and entered into between the San Bernardino County Service Area 70 Consolidated Fire District,
hereinafter referred to as "County" and the City of San Bernardino hereinafter referred to as the "City".
RECITALS:
WHEREAS, the California Public Resources Code requires cities and counties to prepare a Household Hazardous Waste
Element which identifies a program for the safe collection, recycling, treatment and disposal of hazardous wastes which are
generated by households in the city or county and which should be separated from the solid waste stream; and,
WHEREAS, the County of San Bernardino and each of the cities in the County have developed Household Hazardous Waste
Elements (HHWE) which identify a county-wide cooperative program for the management of Household Hazardous Waste;
and,
WHEREAS, the existing Household Hazardous Waste program operated by the County is consistent with the adopted HHWE;
and,
WHEREAS, the County Fire Department, Division of Hazardous Materials, is a division of the County responsible for the safe
management of hazardous waste; and,
WHEREAS, the City desires for the protection, health and welfare of the public and its personnel, the removal of hazardous
waste from homes so that such materials will pose no danger in event of fire, will prevent potential environmental degradation
and will conserve 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.
2. Indemnification - City agrees to indemnify, defend (with counsel approved by County) and hold harmless the County
and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability
arising out of City's obligations under this Agreement.
3. 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.
4. Furthermore, if the County or City attempts to seek recovery from the other for Workers' Compensation benefits paid
to an employee, the County or City agree that any alleged negligence of the employee shall not be construed against
the employer of that employee.
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5. City shall maintain adequate self-insurance to fulfill their obligations under the indemnification paragraphs, paragraphs
2 through 4, above. Upon request, City will provide proof of its self-insurance to the County.
RESPONSIBILITIES AND DUTIES OF THE COUNTY
6. The County will continue to operate a comprehensive Household Hazardous Waste Program for the safe collection,
recycling, treatment and disposal of household hazardous waste including electronic waste and fluorescent tubes that
are currently banned from municipal solid waste landfills. 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. The County will also collect "Home-generated Sharps" from the City's residents.
Home-generated Sharps are defined as hypodermic needles, pen needles, intravenous needles, lancets and other
devices that are used to penetrate the skin for the delivery of medication derived from a household
7. County shall provide an annual report to the City, that shall includes the amounts and types of waste collected,
participation by jurisdiction, and final disposition of the waste.
8. County shall compile and provide to the California Integrated Waste Management Board, the Department of Toxic
Substances Control, and the Certified Unified Program Agency, the City's Annual Form 303 Report. The County will
provide a copy of the report to the City.
9. In addition to the normal operating hours of the County's San Bernardino Household Hazardous Waste Collection
Facility, the County will also operate the Facility, currently located at 2824 East W. Street, San Bernardino, California,
92415, on one Saturday per year for the City. County shall coordinate with the City to determine the date and time of
this "Saturday" collection date.
10. The County will assist the City in staffing an educational booth at the annual Route 66 Rendezvous event, concerning
used oil and filter and Household Hazardous Waste management.
11. County will provide, upon the City's request, Hazardous Material Management Training to City staff.
12. County will provide a site for the City's Sharps Collection Consolidation Point, will sign-in and track participants, and
will provide a quarterly report of the Sharps Program usage to the City. The City's Sharps Collection Consolidation
Point will be located at the Household Hazardous Waste Collection Facility currently located at 2824 East W. Street,
San Bernardino, California, 92415. In the event that the County relocates the San Bernardino Household Hazardous
Waste Collection Facility, the City's Sharps Collection Consolidation Point, will also be relocated.
13. County will pick up sharps from City residents who are unable to transport their full sharps containers to the
consolidation point located at the designated Household Hazardous Waste Collection Facility. This service will be
provided on an appointment basis. In addition, to the consideration identified below, County shall continue to charge
City $20.00 per pick-up, that will be invoiced to the City on a quarterly basis.
14. Indemnification - County agrees to indemnify and hold harmless the City, its officers, employees, 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.
15. 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.
16. 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.
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17. Insurance - The County is a self-insured public entity. Upon request, the County will provide a 'Certificate of Self-
Insurance" to the City.
CONSIDERATION
18. In consideration for the services provided, City shall pay the County each quarter, fiscal year 2007/2008 through fiscal
year 2011/2012, (payment due on: July 15, October 15, January 15, and April 15), an amount calculated by the
following equation: A = (P) (F) (.25) 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 = per capita value as shown below
.25 provides the quarterly payment amount and
2007/2008- A = (P) (F = 1.18) (.25)
2008/2009- A = (P) (F = 1.21) (.25)
2009/2010- A = (P) (F = 1.24) (.25)
2010/2011-A = (P) (F = 1.27) (.25)
2011/2012- A = (P) (F = 1.30) (.25)
TERM AND TERMINATION
19. This Agreement shall be effective July 1, 2007 and shall remain in effect through June 30,2012 but may be renewed
for specified periods, unless, otherwise terminated or amended.
20. Notwithstanding the foregoing, either party may terminate this contract at any time upon 90 days prior written notice to
the other party.
GENERAL TERMS AND CONDITIONS
21. Representation of the Countv. 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 County of San Bernardino.
22. Chanae of Address. City shall notify the County in writing of any change in mailing address within ten (10) business
days of the change.
23. Aareement Assianabilitv. Without the prior written consent of the County, the agreement is not assignable by City,
either in whole or in part.
24. 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 County.
25. 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, County 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 County; and/or,
B. Terminate this Contract.
26. Attornev 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
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costs and attorneys' fees directly arising from a third-party legal action against a party hereto and payable under
INDEMNIFICATION paragraphs.
27. Venue and Governino 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 change of venue to the Central District
Court of San Bernardino County. This contract shall be governed by the laws of the State of California.
28. 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 County within one (1) working day, in writing and by telephone.
29. Former Countv Officials. City agrees to provide or has already provided information on former San Bernardino
County administrative officials (as defined below) who are employed by or represent City. The information provided
includes a list of former County administrative officials who terminated COUNTY 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 department or group head, assistant department or group head, or an employee in the
Exempt Group, Management Unit, or Safety Management Unit.
30. Inaccuracies or Misreoresentations. If in the course of or the administration of this Agreement County determines that
City has made a material misstatement or misrepresentation or that materially inaccurate information has been
provided to the County, this Agreement may be immediately terminated. If the Agreement is terminated according to
this provision, the County is entitled to pursue any available legal remedies.
31. 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.
32. Severabilitv. 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.
33. Notices and Reoorts. Any notices shall be addressed to the respective parties as set forth below:
COUNTY:
lonie Wallace
Supervising Environmental Health Specialist
Household Hazardous Waste Program
2824 East "W Street
San Bernardino, CA 92415-0799
Linda Ceballos, Environmental Projects Manager
City of San Bernardino
300 North D Street
San Bernardino, CA 92318-0001
34. Entire Aoreement.
CITY:
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.
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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.
IN WITNESS WHEREOF, the Board of Supervisors 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.
DISTRICT County Service Area 70
Citv of San Bernardino
(Print or type name of corporation, company, contractor, etc.)
~
Paul Biane, Chairman, Board of Supervisors
By ~
(Authorized signature - sign in blue ink)
Dated:
Name
(Print or type name of person signing contract)
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Dena M. Smith
Clerk of the Board of Supervisors
of the County of San Bernardino.
Title
(Print or Type)
Dated:
By
Address
Deputy
Approved as to Legal Fonn
R~viewed by Contract Compliance
Reviewed for Processing
~
County Counsel (Scott Runyan, Deputy)
~
~
Department Head~Pat A. Dennen, Fire Chief
Date
Date
Date
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