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HomeMy WebLinkAbout1993-246 1 RESOLUTION NO. 93-246 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH THE COUNTY OF SAN 3 BERNARDINO ENVIRONMENTAL HEALTH SERVICES RELATING TO THE REIMBURSEMENT OF TIPPING FEES FOR THE CITY OF SAN BERNARDINO FOR FY 4 1992/93. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the city of San Bernardino is hereby 8 authorized and directed to execute on behalf of said City a first 9 10 11 amendment to an agreement with the County of San Bernardino Environmental Health Services relating to the reimbursement of tipping fees for the City of San Bernardino for FY 92-93, a copy of 12 which is attached hereto, marked Exhibit "A" and incorporated 13 herein by reference as fully as though set forth at length. 14 SECTION 2. The authorization to execute the above- reference first amendment to agreement is rescinded if the parties 15 to the first amendment fail to execute it within sixty (60) days of 16 17 18 19 the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly 20 adopted by the Mayor and Common council of the City of San Bernardino at a reqular meeting thereof, held on the 19th day 21 22 of Ju1v , 1993, by the following vote, to wit: 23 I / / I / 24 / I I I I 25 / / / / / 26 I I / I I 27 / / / / / 28 I I I I / RES 93-246 RESOLUTION AUTHORIZING AGREEMENT WITH COUNTY FOR REIMBURSEMENT OF TIPPING FEES FOR FY1992/93 1 2 Councilmembers 3 NEGRETE 4 CURLIN 5 HERNANDEZ 6 OBERHELMAN 7 OFFICE VACANT 8 POPE-LUDLAM 9 MILLER 10 AYES NAYS ABSTAIN ABSENT x x x x x x ~~~ City Clerk 11 12 13 14 15 The foregoing resolution is hereby approved this ~~~ day of , 1993. Julv r;;;:;;:J2{~ 'Tom Minor, Mayor City of San Bernardino 16 Approved as to form 17 and legal content: 18 19 20 JAMES F. PENMAN city Attorney A 21 BY'~I~ 22 23 24 25 26 27 28 -2- Res 93-246 FOR COUNTY USE ONL Y ~~\\~~'" ~t~ ~ -- -:=:- ~ ~ ~...... /1fItIII\\\~ E New Vendor Code Dept. Contract Number M Change CITYOFS772 SC EHS A 92-724-1A X Cancel County Department Dept. Orgn. Contractor's License No. Env i ronmen ta 1 Hea 1 th Servi ces County Department Contract Representative Ph. Ext. Amount of Contract Phyll is Brooks 387-0200 Fund I Dept, I Organization I Appr, I Obj/Rev Source Activity 1 GAC/PROJ/JOB Number AM ESH C25 200 2445 Commodity Code Estimated Payment Total by Fiscal Year FY Amount 110 FY Amount 110 Project Name Vehicle Abatement - - - - - - - - Program - - - - County of San Bernardino FAS STANDARD CONTRACT THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name CITY OF SAN BERNARDINO Address hereinafter called CITY OF SAN BERNARDINO 300 North "0" Street San Bernardino, CA 92418 Phone Birth Date Federal 10 No. or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: (Use space be/ow and reverse side of form if needed. 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.) See attached pages. Any provisions on the reverse side and referenced attachments hereof constitute a part of this contract and are incorporated herein in full. ~ Chair AUG 1 0 1993 (State if corporation, company, etc.) By ~~<2'i~urel Dated July 22, 1993 Title Mayor, City of San Bernardino Address 300 N. liD" Street, San Bernardino, CA 92418 By as to Affir tive Action Reviewed for Processing ~ SU.cah./ L-, ~ (M L 1</- q ~ ~ Agency Administrator/CAO Date County Counsel Date l(r JL1'\.L. 14 I I q q 3 02-12295-000 Rill\!. 11190 (short forml Date Page 1 of 4 RES .93'-246 San Bernardino This contract would 1. Amend WITNESSETH to read: WHEREAS, COUNTY is prepared to reimburse CITY for each vehicle case investigated on a per parcel basis and for each documented tow on a per vehicle basis. WHEREAS, CITY is prepared to maintain an accounting record of actual complaints regarding abandoned, dismantled, inoperative, junked, or wrecked vehicles investigated on private property and actual documented tows from private property and submit to COUNTY on a quarterly basis. WHEREAS, it is mutually agreed that both parties are desirous of insuring that the tipping fees collected by COUNTY which were specifically designated by the San Bernardino County Board of Supervisors for vehicle abatement and removal proposes are utilized only for such purposes by CITY. THEREFORE, it is agreed and covenanted by these parties as follows: 2. Amend section I, Number 2 to read: Reimburse CITY at the rate of $200.00 per documented tow on a per vehicle basis. 3. Amend section I, Number 3 to read: Make reimbursements up to and including the total amount of tipping fees, less 3%, which have been paid to COUNTY by CITY or by waste haulers serving city residents, businesses, and institutions during fiscal year 1992/93. 4. Amend section II, Number 1 to read: Derive the total amount of tipping fees by calculating the estimated tonnage of solid wastes generated by CITY in COUNTY Landfills and multiplying by .22/ton, Page 2 of 4 RES 91-246 tonnage estimates shall be based on data received from The County of San Bernardino Department of Solid Waste Management using census data showing average tons per year for San Bernardino as 193,743. 5. Amend section I, Number 5 to read: Deduct a 3% administrative fee from the tipping fee total, which is equivalent to the rate charged by the County of San Bernardino Department of Solid Waste Management to The County of San Bernardino Department of Environmental Health Services. 6. Amend section II, Number 2 to read: 1. Maintain an accounting record of actual complaints investigated regarding abandoned, dismantled, inoperative, junked, or wrecked vehicles investigated on private property and actual documented tows from private property to COUNTY on a quarterly basis. 7. Amend Section V, Number 1 to read: COUNTY agrees to indemnify and hold harmless CITY and its authorized agents, officers, volunteers and employees against any and all claims arising from COUNTY I S negligent acts or omissions on therefore. 8. Amend Section v, Number 2 to read: CITY agrees to indemnify and hold harmless the Department, COUNTY and its authorized agents, officers, volunteers and employees against any and all claims arising from CITY'S negligent acts or omissions and for any costs or expenses incurred by the Department, COUNTY or CITY on account of any claim therefore. account of any claim Page 3 of 4 RES 1}3-246 9. Amend Section VI, Number 1 to read: This amendment shall serve as notification of termination of contract to be effective on June 30, 1993. All pending reimbursements subsequent to the effective date of termination of this agreement for reimbursement of landfill tipping fees must be paid by COUNTY as per the terms of this agreement. 10. Delete section VII. Page 4 of 4