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Home My WebLink About1994-381 RESOLUTION NO. 94-381 1 2 3 4 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REQUESTING ACCEPTANCE AND APPROVAL OF THE CONTRACT TO AUTHORIZE THE REFUND OF THE UNOBLIGATED WASTE CHARACTERIZATION TRUST FUND MONIES IN THE AMOUNT OF $419,714.58. WHEREAS, in August of 1990, the cities of COLTON, FONTANA, 5 GRAND TERRACE, HIGHLAND, LOMA LINDA, REDLANDS, RIALTO, SAN 6 BERNARDINO, YUCAIPA, and the COUNTY OF SAN BERNARDINO entered into 7 a Memorandum of Understanding (MOU) as the "East Valley Coalition" 8 for a period of two years to fund and obtain consulting services to 9 study waste composition and management practices within the East 10 Valley and develop Source Reduction and Recycling Elements (SRREs) ( 11 and Household Hazardous Waste Elements (HHWEs) for each 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 jurisdiction, pursuant to public Resources Code Section 40000 et Seq. The MOU further authorized the County of San Bernardino Department of Solid Waste Management to include a landfill fee surcharge of $1 per ton to accomplish these mandates of AB 939. WHEREAS, the Board of Supervisors of San Bernardino County of the State of California authorized on June 8, 1992, the Solid Waste Management Department to reserve the balance of the East Valley CoatI it ion AB 939 Waste Characterization Trust Fund for future AB 939 related studies and/or programs and, WHEREAS, on January 11, 1993, the San Bernardino County Board of Supervisors authorized a Material Recovery Facility/Transfer station/Composting Facility study by SCS Engineers for $85,968 to determine solid waste processing facility needs and report on siting possibilities for necessary projects and, WHEREAS, the current unobligated balance for the East valley Waste Characterization Trust Fund is Coalition AB 939 $l,397,l97.36, and, 94-381 1 2 3 4 5 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0 SAN BERNARDINO, CALIFORNIA, REQUESTING ACCEPTANCE AND APPROVAL 0 THE CONTRACT TO AUTHORIZE THE REFUND OF THE UNOBLIGATED WAST CHARACTERIZATION TRUST FUND MONIES IN THE AMOUNT OF $419,714.58. WHEREAS, the East Valley Coalition has not incurred costs i the past 23 months performing joint projects related to AB 939, an WHEREAS, the East Valley Coalition foresees no mutuall 6 beneficial projects requiring use of this funding, and 7 WHEREAS, the San Bernardino County Board of Supervisors ha 8 concurred with the recommendation of the Solid Waste Advisory Tas 9 Force to refund to each participating City, the excess monies i 10 the Waste Characterization Trust Fund, 11 NOW THEREFORE, be it resolved that the Mayor and Commo 12 Council of The city of San Bernardino, in consideration of th 13 foregoing, and the covenents and conditions of the attached Count 14 of San Bernardino F A S STANDARD CONTRACT approve the receipt 0 15 the refund in the amount of $419,714.58 and the conditions se 16 forth, to be refunded to the Refuse Enterprise Fund for use in A 17 939 related programs. 18 / I I I 19 1/ / I 20 1/ / I 21 I I I I 22 //// 23 IIII 24 /1/1 25 / / 1/ 26 / 1/ / 27 / / / / 28 1/// 94-381 1 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REQUESTING ACCEPTANCE AND APPROVAL OF THE CONTRACT TO AUTHORIZE THE REFUND OF THE UNOBLIGATED WASTE CHARACTERIZATION TRUST FUND MONIES IN THE AMOUNT OF $419,714.58. 3 I HEREBY CERTIFY that the foregoing resolution was duly 4 adopted by the Mayor and Common Council of the City of San 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Bernardino at a r:egular meeting thereof, held on 19th December , 1994, by the following day of the vote, to wit: NEGRETE Aves Navs Abstain x - -----L- - -----L- - -'L- - -'L- - -'L- - -'L- - \ Council Members: Absent CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER Q~ ~'-' ~ city Clerk The foregoing resolution is hereby approved this 21st day of December ,1994. .---------:-//-:,.,._-;;// .~ _,t::2:/1 (//~I';:tr \ I ' Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, city Attorney By:4~~J ~ember 5, 1994 94 ~81. . 1: 'STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 2! CITY OF SAN BERNARDI~O SS 311 I I, RACHEL CLARK, City Clerk in and for the City of San -1 Bernardino DO HEREBY CERTI::Y that the foregoing and attached copy of the San Bernardino Ci~y Resolution No. 94-381 is a full, 5 true and correct copy of that now on file in this office. 6, I ~ I IN WIT~ESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Ci~y of San Bernardino this 19rh day of December , 19---24 8 91 1 , 101 ~oL' ~/Ju City Clerk 111 BY~' ~-?'. / Bea Cartes, Deputy ""'-- &:U'h} 181 j 1911 , I 201 i 2111 221! I 231 1 241 25 26 271 281 -...- ..--.. ,..~".., ..', Ii&. ..:; '9 E NlW M Chlngl X Cencel CountY Deportment FOR COUNTY USE ONL Y Vlndor Codl Dept. scl 94-381 OIPt. Contract Number Connector'. l.leenle No. County of Sen B'rnardlno FAS STANDARD CONTRACT Crglnllltlon Ph. bt. 386-8718 Obl/RIV SourCI 9990 Amount of Controet $1.397,197.36 Aetivlty G /~ROJ/JOB Number Project Neml Refund of Waste Charactenzatlon T THIS CONTRACT is entered Into in the Stete of California by and between the County of San Bernardino, hereinafter called the County, and N.... The cities of Chino, Colton, Fontana, iba.ud T .-.um..-, Hi.a11i1.11d, Luma. L1:udu. Montclair, Ontario, Rancho Cucamonga, KIa/to, :san t1emaramo, uplano ana Yucaipa and the Count}' of San Bernardino Birth Cit. e.timlte<! ~Iymont Totll by Filell YI.. FY Amount I/O FY Amount 94195 S1.397,197.36_ 110 Addrllu hereinafter called N/A Phon. rederlllO No, or SOCII'I S.~l,lritv No. IT IS HEREBY AGREED AS FOl.lOWS: fUll. .pIC' b,/ow ,nd additiQn,' bond ,nHt" S,t forth "rv/~, to be r(I(Jd,,,d, .mounr tD btt D.ld, mMn;, of payment, rime for p.rfo'~nCfl or tomp/ltlon, d.'"m/n.ttJon 01 Jflrisfllctory plfform,nc, and ~U&I fDt tsrmin,rion, "fhIT r~rml ,nd coneJition,. and BttlCn pl.n.. ,p,ciflcatlons, ,nd ,dd.nd,. if .nY.J RECTTAL~ WHEREAS, the cities of Chino, Colton, Fontana, Grand Terrace, Highland, Lorna Linda, Montclair, Ontario, Rancho Cucamonga, Rialto, San Bernardino. Upland, and Yucaipa and the County of San Bernardino entered into agreements for a period of two years to fund and obtain consulting services to study waste composition and management practices to develop Source Reduction and Recycling Elements (SRREs), Household Haurdous Waste Elements (HHWEs), and Nondisposal Facility Elements (NDFEs) for each jurisdiction, pursuant to PRC 0 40000 et seq. and referenced as the AB 939 of 1989; and, WHEREAS, the San Bernardino County Board of Supervisors authorized the Solid Waste Management Department effective July I, 1990 to include a $1.00 per ton surcharge for a period of two years ending 1une 30, 1992 for the purpose of funding waste characterization studies to accomplish the state mandates of AB 939 of 1989; and, WHEREAS, the current unobligated balance of the Waste Characterization Trust Fund is SI,397.197.36 as shown on the attached Exhibit "A"; and, 02.1.1311.000..... "/11 ~O;I 1 of r'7 94 381 WHEREAS. the cities of Chino. Colton. Fontana, Grand Terrace, Highland, Lorna Linda, Montclair. Ontario. Rancho Cucamonga, Rialto. San Bernardino. Upland. and Yucaipa and the County of San Bernardino foresee no mutually beneficial projects requiring use of the remaining obligated funds; and, WHEREAS. the San Bernardino County Solid Waste Advisory Task Force (SWATF) recommended that the current unobligated trust fund monies be refunded; NOW THEREFORE, in consideration of the foregoing and following covenants and conditions, the parties agree as follows: I. Each City acknowledges that it is aware that the County is relying on each City's promises, findings, acknowledgements and waivers as set forth herein (and identical promises, findings, acknowledgments and waivers from all other affected cities in San Bernardino County) relative to the return of certain solid waste disposal fees collected by the County and utilized by the County and the specified cities of San Bernardino County to undertake Waste Characterization. and other, studies as required by AB 939 ["Funds"]. 2. Each City acknowledges that the County intends to return the unused Funds to the specified cities of San Bernardino County as set forth on the attached Exhibit "A". 3. Each City finds that the distribution of the Funds as provided on the attached Exhibit" A" is a fair and reasonable one and by adoption of this contract specifically waives any right it may have to seek or obtain any other or different distribution of the Funds. 4. Each City agrees that it will use the portion of the Funds returned to it in conformity with the purpose of the original collection of said Funds; that is, for solid waste purposes related to the planning or implementation of programs to meet the requirements of AB 939. For the purposes hereof, such conforming use will be referred to as a use which satisfies the "Nexus Test". 5. Each City agrees to indemnify, defend and hold harmless the San Bernardino County Solid Waste Management Department and the County and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from the City's receipt of the returned Funds or from its expenditure of such Funds and for any costs or expenses incurred by the Department, County or their authorized agents. officers, volunteers and employees on account of any claims therefore. This indemnification includes, without limit, any claim or action arising from a City's breach of any warranty set forth herein or other failure of such city's use of the Funds to satisfy the Nexus Test and, further, the cost or expenses related thereto including any monetary loss to the County occasioned by such breach or failure. The County shall have the right to provide (or to select its own counsel to provide) a legal defense for itself at the cost of the City. Each city reserves the right to provide its own legal defense. 2 of 17 94 3~' If a city fails to satisfy the Nexus Test as determined by a court of competent jurisdiction or by any independent parry mutually acceptable to the City and County, those Funds shall be reallocated by the City for alternative projects which will meet the Nexus Test. If the project is determined not to meet the Nexus Test, a city has sixty (60) days (the "Reallocation Period") to reallocate those Funds to a project which satisfies the Nexus Test. Each City will confirm reallocation of the Funds to the County through a financial report (including substantiating documentation). Failure to reallocate Funds utilized on a project not meeting the Nexus Test will result in those Funds being returned to the County ("Returned Funds") until such time as projects to utilize the Returned Funds are submitted by the City which meet the Nexus Test. Returned Funds shall be remitted to the County within thirty (30) days following the end of the Reallocation Period if the City fails to reallocate those Funds as require herein. No reallocation of Funds or other action to rectify the failure of a City's use of the Funds to satisfy the Nexus Test shall relieve a city from its duty to indemnify the County as otherwise provided for herein. / II/II / / / / / II III/III/II / / III ////11/// II/II/II / / fIll / // / / / / / // //11// / // II II/II / / / / / / III/III / / / / / / / / / / / II/II II II/II/II / // ////11/// / /11 /II! ////II! I ~':JUI\JTY CF SAN 2ERNARC::\JU - ;',:::ii~r71ar.. ~ca~:J of Super\.'ls'J:~' ,Stare If :'~ruoraf10n c:;mpanv, etc.} '.='-!18C dV ~ ':'urnCf'zea :;,c,'-'ar"n:', -:~~:=::-:- - -.' ........r:;../-;:: -'.J,2 _':::":,-,lviE~J: -':-5 BEEN c~~. .o:::RE:' -,~ ~HE C~~:..i,l~i\I~",~,)~ - -: -:...:::: :C~;:;:. ~ , '':; ~':2:oJ,::i S~,:""': ~ J'::; ,y,_::;t': . ~ ':j'l ":'::cr.::- " /;::yt':i~' -:5,FY~ " ' ",r/ 1--'1J.dt,~ T-(~ ki / ,) _ 1,"'-1Y c COA."""YCCS" '. ",,,,,,,.".s,cc ".~ ~ ~~ ;J/~ ~j"i fDML/ , ~'?'/le'Nt.1J .~- :. ~'f~S -,0 . 3 of 17 ",' ~~, .~_:Jf_ 94 381 WASTE CHARACTERIZATION TRUST FUND REFUND EXHIBIT A CITIES: REFUND AMOUNTS: Chino $70,554.99 Colton $50,891.78 Fontana $134,213.97 Grand Terrace $0.00 Highland $5,706.25 Lorna Linda $0.00 Montclair $6,764.52 Ontario $156,570.22 Rancho Cucamaonga $180,642.57 Rialto $203,115.17 San Bernardino $419,714.58 Upland $66,467.89 Yucaipa $28,522.41 Unincorporated County $74,033.02 TOTAL: $1,397,197.36 4 of 17 94 ;}~ IN WITNESS WHEREOF. the parties have hereto executed this Agreement on the date set forth below. CITY OF CHINO MA YOR DATED: A ITESTED: CITY CLERK 5 of 17 9 4-JS \. IN WITNESS WHEREOF. the parties have herelO executed this Agreement on the date set forth below. CITY OF COLTON MAYOR DATED: ATTESTED: CITY CLERK 6 of 17 94 381 IN WITNESS WHEREOF, the parties have hereto executed this Agreement on the date set forth below. CITY OF FONTANA MAYOR DATED: ATTESTED: CITY CLERK 7 of 17 \ 94 38.1 'f '-. IN WITNESS WHEREOF, the parties have hereto executed this Agreement on the date set forth below. CITY OF GRAND TERRACE MA YOR DATED: ATTESTED: CITY CLERK 8 of 17 . ~ " 9.4 :Jc(~ . IN WITNESS WHEREOF. the parties have hereto executed this Agreement on the date set forth below. CITY OF HIGHLAND MAYOR DATED: AITESTED: CITY CLERK 9 of 17 '. . , 9"41-3~t IN WITNESS WHEREOF. the parties have hereto executed this Agreement on the date set forth below. . CITY OF LOMA LINDA MA YOR DATED: ArrESTED: CITY CLERK 10 of 17 94 331 IN WITNESS WHEREOF, the parties have hereto executed this Agreement on the date set forth below. CITY OF MONTCLAIR MA YOR DATED: A TIESTED: CITY CLERK II of 17 / 9 4};;'~ IN WITNESS WHEREOF. the parties have hereto executed this Agreement on the date set forth below. CITY OF aNT ARlO MA YOR DATED: A ITESTED: CITY CLERK 12 of 17 94 .~81 . Ii- .. IN WITNESS WHEREOF, the parties have hereto executed this Agreement on the date set forth below. CITY OF RANCHO CUCAMONGA MA YOR DATED: ATTESTED: CITY CLERK 13 of 17 94 3:;1 IN WITNESS WHEREOF. the parties have hereto executed this Agreement on the date set forth below. CITY OF RIALTO MA YOR DATED: ATTESTED: CITY CLERK 14 of 17 9.4- 381 943Jl' IN WITNESS WHEREOF, the parties have hereto executed this Agreement on the date set forth below. CITY OF SAN BERNARDINO ~}IliL1,~ / " MAYOR DATED: . December 21, 1994 ATTESTED: Q,uh--e. c.J...a--l'~ \..- CITY CLERK 15 of 17 9 4 ~~:1 IN WIT:--'TESS WHEREOF, the parties have hereto executed this Agreement on the date set forth below. CITY OF UPLAND MAYOR DATED: ATTESTED: CITY CLERK 16 of 17 . 94 ;J1:Jl IN WITNESS WHEREOF, the parties have hereto executed this Agreement on the date set forth below. '.' CITY OF YUCAIPA MAYOR DATED: A TIESTED: CITY CLERK 17 of 17