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San Bernardino County Fire Protection District A2017-128SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT FAS STANDARD CONTRACT A2017-128 FOR OFFICIAL USE ONLY New FAS Vendor Code Dept. C ract NumJ�r,/� El Change A Change 'Vi), P7 SIC j� 1 ❑ Cancel ePro Vendor Number ePro Contract Number Dept. Orgn. Contractor's License No. SAN BERNARDINO COUNTY FPD 107 160 Contract Representative Telephone Total Contract Amount Monica Ronchetti (909) 382-5401 $561,397.91 Contract Type Revenue ❑ Encumbered ❑ Unencumbered ❑ Other: If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount July 1, 2017 June 30, 2022 $ $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount FHH 107 160 8842 $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount I Fund Dept. Organization i Project Name Household Hazardous Waste Agreement without Collection Facility i Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Estimated Payment Total by Fiscal Year FY Amount I/D 17/18 $105,741.86 _ 18/19 $108,914.12 19/20 $112,181.54 FY Amount I/D 20/21 $115,546.99 _ 21/22 $119,013.40 THIS CONTRACT is entered into in the State of California by and between the SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT, hereinafter called the DISTRICT, and Name City of Chino Hills hereinafter called CITY Address 14000 City Center Drive Chino Hills, CA 91709 Telephone Federal ID No. or Social Security No. (909)477-4060 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.) Auditor-Controller/Treasurer/Tax Collector Use Only ❑ Contract Database 0 FAS Input Date I Keyed By Page 1 of 7 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 Chino Hills 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: DEFINITIONS 1. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this Agreement: "Hazardous Waste" means any flammable, explosive, or radioactive materials or hazardous, toxic or dangerous wastes, substances or related materials or any other chemicals, materials or substances, exposure to which is prohibited, limited or regulated by any federal, state, local law or regulation or which, even if not so regulated, may or could pose a hazard to public health and safety, including, without limitation, asbestos, PCBs, petroleum products and byproducts, substances defined or listed as "hazardous substances" or "toxic substances" or similarly identified in, pursuant to, or for purposes of, the California Solid Waste Management, Resource Recovery and Recycling Act (Gov't. Code §§ 66700 et seq.); the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. §§ 9601 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §§ 1801 et seq.); the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.); Health & Safety Code §§ 25117 or 25316, including the regulations promulgated thereto (see 22 Cal. Code of Regs. § 66261.3); any substances or mixture regulated under the Toxic Substance Control Act of 1976 (15 U.S.C. §§ 2601 et seq.); any "toxic Revised 05/04/2015 Page 2 of 7 pollutant" under the Clean Water Act (33 U.S.C. §§ 1251 et seq.); and any hazardous air pollutant under the Clean Air Act (42 U.S.C. §§ 7901 et seq.). "Household Hazardous Waste" means any Hazardous Waste generated incidental to owning or maintaining a residence. Household hazardous waste does not include any waste generated in the course of operating a business at a residence (see 22 Cal. Regs. § 66260.10). RESPONSIBILITIES AND DUTIES OF THE CITY 2. 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 safe management of household hazardous waste, in the manner and form recommended by District. RESPONSIBILITIES AND DUTIES OF THE DISTRICT 3. 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 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. 4. District shall provide an annual report to the CITY, which shall include the amounts and types of waste collected, and participation by jurisdiction. 5. 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. 6. District shall coordinate with the CITY upon CITY's request to operate one temporary household hazardous waste collection facility event per year. The event will provide additional household hazardous waste management service to the CITY's residents. The event shall be held on a Saturday at no extra cost to the CITY. The CITY shall submit to the District the event request in writing six months in advance and shall include a suitable location approved by the District. 7. CITY approves the storage area(s) of ignitable and/or reactive waste designated by the District during a temporary event. 8. District will immediately own all HHW or HW it collects pursuant to this Agreement. 9. District will transport any HHW or HW pursuant to this Agreement to a certified recycling facility and/or hazardous waste disposal facility for recycling and /or disposal in accordance with all applicable hazardous waste laws and regulations. Revised 05/04/2015 Page 3 of 7 CONSIDERATION 10. In consideration for the services provided, CITY shall pay the District the following amount not to exceed $561,397.91 Fiscal year Annual amount Amount per quarter 2017/2018 $105,741.86 $26,435.47 2018/2019 $108,914.12 $27,228.53 2019/2020 $112,181.54 $28,045.38 2020/2021 $115,546.99 $28,886.75 2021/2022 $119,013.40 $29,753.35 Payment due on: July 15, October 15, January 15, and April 15. TERM AND TERMINATION 11. 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. 12. 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 13. 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. 14. A. 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 the negligent or wrongful acts of District, its officers, employees, agents and volunteers, 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. B. Further, District indemnifies and holds CITY, its officers, officials, employees, agents, representatives, and volunteers, harmless from and against any claim, action, damages, costs (including, without limitation, reasonable attorney's fees and penalties), injuries, or liability, arising out damages or penalties arising from District's handling, remediation or response concerning any Household Hazardous Waste or Hazardous Waste resulting in the release of any hazardous substance into the environment. The foregoing indemnity is intended to operate as an agreement pursuant to 42 USC § 9607(e) (the Comprehensive Environmental Response, Compensation and Liability Act; "CERCLA") and Health & Safety Code § 25364 to defend, protect, hold harmless, and indemnify CITY from all forms of liability under CERCLA, or other applicable law, for any and all matters addressed in this Agreement. C. 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, Revised 05/04/2015 Page 4 of 7 and/or liability arising out of this Agreement from the negligent or wrongful acts of CITY, its officers, employees, agents and volunteers, 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. D. 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. E. 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. F. It is expressly understood and agreed that the foregoing provisions in this Section 14 will survive termination of this Agreement. GENERAL TERMS AND CONDITIONS 15. 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. 16. Chanqe of Address. CITY shall notify the District in writing of any change in mailing address within ten (10) business days of the change. 17. Aqreement Assiqnabilitv. Without the prior written consent of the District, the agreement is not assignable by CITY, either in whole or in part. 18. Agreement 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. 19. 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. 20. 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 costs and attorneys' fees directly arising from a third -party legal action against a party hereto and payable under INDEMNIFICATION paragraphs. 21. Venue and Governinq 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. Revised 05/04/2015 Page 5 of 7 22. 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. 23. Former Countv 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. 24. Inaccuracies or Misrepresentations. If in the course of or the administration of this Agreement District determines that CITY has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the District, this Agreement may be immediately terminated. If the Agreement is terminated according to this provision, the District is entitled to pursue any available legal remedies. 25. 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. 26. 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. 27. Notices and Reports. Any notices shall be addressed to the respective parties as set forth below: DISTRICT: Monica Ronchetti Supervising Hazardous Materials Specialist Household Hazardous Waste Program 2824 East "W" Street San Bernardino, CA 92415-0799 CITY: Michelle Smith, Management Analyst II City of Chino Hills 14000 City Center Drive Chino Hills, CA 91709 28. Entire Aqreement. 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 05/04/2015 Page 6 of 7 IN WITNESS WHEREOF, the Board of Directors has caused this Agreement to be subscribed to by the Clerk thereof, and the City Council of the 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 v ► °' f'.9 115^` x_, Cj it `!.J'M ✓y K ifs"`) Robert A. Lovingood, Chairman, Board of Directors Dated: I l�if�_ ,z- SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD L,q_r&R,,..Velch, Secretary �PRDINO n eputy F— �� A�7 Approve s to Lega r p C -i 04 " Counsel Date �(� / /� �' r � CiNof Chino Hills (Print or type ame of corporation, company, contractor, etc.) By ► (Authorized signLure - ign in blue ink) Name Rav Marquez (Print or type name of person signing contract) Title Mavor (Print or Type Dated: June 13, 2017 Attest: ' Cheryl Balz, City Jerk" v Address 14000 Citv Center Drive Chino Hills, CA 91709 Reviewed by Contract Compliance PresentedrrdfoDate Date ) %r Revised 05/04/2015 Page 7 of 7