REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
January 9, 2024
FROM
MARK WARDLAW, Director, Land Use Services Department
SUBJECT
Title
Acceptance of the California Department of Resources Recycling and Recovery Waste Tire Amnesty Grant
End
RECOMMENDATION(S)
Recommendation
Approve and direct the Code Enforcement Division Chief of the Land Use Services Department to accept, including nonstandard terms, grant award No. TA7-23-0041 from the California Department of Resources Recycling and Recovery, for the Waste Tire Amnesty Grant program which will allow Code Enforcement to host amnesty events for the collection and recycling of waste tires, in the amount of $40,000, for a period ending no later than October 30, 2025.
(Presenter: Mark Wardlaw, Director, 387-4431)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
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 item will not result in the use of Discretionary General Funding (Net County Cost). The grant award of $40,000 for Waste Tire Amnesty will be funded by the California Department of Resources Recycling and Recovery (CalRecycle) and does not require local matching funds. Sufficient appropriation and revenue will be included in future Land Use Services Department (LUS), Code Enforcement Division (Code Enforcement) recommended budgets.
BACKGROUND INFORMATION
A substantial amount of waste tires are generated within the county every year and LUS has been awarded several grants by CalRecycle for three different activities related to ensuring the proper disposal of waste tires. The Waste Tire Amnesty Grant (Grant) funds are specifically designated for individual citizens who need to dispose of tires. The Grant will pay for disposal fees, personnel to staff the amnesty events, and to administer the Grant.
Illegal dumping of waste tires is a chronic problem in many areas of the county, particularly the desert areas. Illegal dumping pollutes the environment and creates blight. The Grant funds amnesty events throughout the county’s unincorporated areas to reduce illegal dumping by providing convenient locations for disposal of waste tires. Amnesty events will be held in conjunction with regularly planned community clean-up events or as stand-alone tire collection events. The events are advertised via flyer mail outs and on social media. The availability of convenient locations will encourage residents to bring their waste tires for proper disposal and recycling.
Additional activities funded by other CalRecycle grants also improve compliance with state regulations and prevent illegal dumping through public education. Other CalRecycle grant funds that LUS has received allow LUS to conduct periodic inspections of waste tire generating businesses and collection facilities and perform various enforcement activities related to safe handling and proper disposal of waste tires.
Pursuant to Resolution No. 2023-42, which was approved by the Board of Supervisors (Board) on April 11, 2023 (Item No. 30), the Code Enforcement Division Chief has the authority to apply for Waste Tire grants from CalRecycle on behalf of the County. Code Enforcement is required to seek Board approval prior to accepting any awarded grant. In accordance with this delegation of authority, and approval by the Chief Executive Officer, Code Enforcement applied for the Grant on May 1, 2023.
Per County Policy 11-05, contracts containing non-standard terms must be approved by the Board. The Grant contract with CalRecycle is CalRecycle’s contract and includes terms that differ from the standard County contract. The non-standard terms include the following:
1. CalRecycle requires the County to indemnify, defend and save harmless the state and CalRecycle, and their officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of the grant contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the grantee as a result of the performance of grant contract.
• The County standard contract indemnity provision requires the other party to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County 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 indemnitees. The Contractor’s indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.
• Potential Impact: In the event of a lawsuit concerning the Waste Tire Amnesty program, CalRecycle will not be obligated to defend the County. Further, should a lawsuit be filed concerning the Waste Tire Amnesty program and CalRecycle or the state be named as a party, the County will be required to indemnify and defend them.
2. Venue for any proceeding concerning the validity and operation of the Grant contract is Sacramento County.
• The County standard contract requires venue for legal disputes to be San Bernardino County.
• Potential Impact: Any lawsuit concerning the validity and operation of the Grant contract must be filed and heard in Sacramento County, which will result in additional expenses to the County.
3. The Grant contract permits CalRecycle to cancel the Grant contract at any time and for any reason upon 30 days written notice. The Grant contract is silent as to whether the County may unilaterally cancel the Grant contract.
• The County standard contract permits the County to terminate a contract upon 30 days’ written notice.
• Potential Impact: CalRecycle may cancel the Grant contract at any time and for any reason after providing 30 days’ notice after which the County is required to reimburse CalRecycle for any unspent funds.
4. The Grant contract requires the County to waive all claims and recourse against the state and CalRecycle for any damages or loss incurred as a result of the Grant contract.
• The County standard contract does not permit the County to waive any claims it may have against a contractor arising out of the contract.
• Potential Impact: In the event that the County incurs any loss or damage attributed to the Grant contract, it will not be able to seek relief from the state or CalRecycle.
LUS requests approval of the Grant contract despite its nonstandard terms due to the benefit this service brings to citizens of the county. Presently, the collection of waste tires at community clean up events relies on funds from the grant's previous funding cycle. Securing funding through this Grant would allow the County to continue with this service. This item is presented for formal acceptance of the CalRecycle grant award by the Board, pursuant to County Policy 05-13.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Daniel Pasek, Deputy County Counsel, 387-5455) on November 29, 2023; Finance (Penelope Chang, Administrative Analyst, 387-5412) on November 29, 2023; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on December 14, 2023.