HomeMy WebLinkAbout1992-198
6 SECTION 1. The Mayor of the city of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 Agreement with the County of San Bernardino, Environmental Health
9 Services, relating to the reimbursement of tipping fees for the
10 City of San Bernardino, a copy of which is attached hereto, marked
11 Exhibit "A" and incorporated herein by reference as fully as though
12 set forth at length.
13
14 SECTION 2. The authorization to execute the above-referenced
15 Agreement is rescinded if the parties to the Agreement fail to
16 execute it within sixty (60) days of the passage of this
17 resolution.
18
19 I HEREBY CERTIFY that the foregoing resolution was duly
20 adopted by the Mayor and Common Council of the City of San
21 Bernardino at a
regular meeting thereof, held on the 15th
day
22 of June , 1992, by the following vote, to wit:
23 / / / /
24 / / / /
25 / / / /
26 / / / /
27 / / / /
28 / / / /
1 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO RELATIVE TO TIPPING FEES.
2
3
4 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
5 ESTRADA X
6 REILLY X
7 HERNANDEZ X
8 MAUDSLEY X
9 MINOR X
10 POPE-LUDLAM X
11 MILLER X
12 /~J
J\'ci,.( ,} i-
13 ' \-' (,C "
'- -
city Clerk
14
15
16
17
18
19
20
The foregoing resolution is hereby approved this . 18th
day
of
June
, 1992.
,
;
,
!i---.
W.'R.Ho1comb, Mayor
city of San Bernardino
21 pproved as to form
and legal content:
22
AMES F. PENMAN
23 City Attorney
24
25 By: Cht"""",).. Pe'\~
26 (J
27
28
2
.-
Agr 92-724
EHS
Inc Cities -
San Bdno
MINUTES OF T1-IE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY. CALIFORNIA
July 27,1992
FROM: PAMELLA V. BENNETT. Di rector
Department of Environmental Health Services
SUBJECT: CONTRACT WITH THE CITY OF SAN BERNARDINO FOR REIMBURSEMENT OF
TIPPING FEES
RECOMMENDATION:
Approve contract with the City of San Bernardino for reimbursement of tipping
fees collected by the County which were specifically designated by the County
of San Bernardino for vehicle abatement and removal purposes.
BACKGROUND: Tipping fees collected by the County have been designated by the
Board of Supervisors for vehicle abatement purposes. Cities with existing
vehicle abatement programs are desirous of reimbursement of those fees
collected by County for fiscal year 1991/92.
REASON FOR RECOMMENDATION: Approval by the Board of Supervisors is required
on all contracts and agreements.
REVIEW BY OTHERS: This contract has been reviewed by James F. Penman, City
Attorney on September 5, 1991; Board of Supervisors Second. Third, and Fifth
District Staff; Pamela Thompson, Risk Manager; Robert L. Bivens, Contract
Compliance Officer on April 9, 1992; and Susan L. Nash. Deputy County Counsel
on March 16, 1992.
FINANCIAL IMPACT: Reimbursement shall be made to the City at the rate of
$100.00 per vehicle case investigated on a per parcel basis and at the rate
of $200 per documented tow on a per vehicle basis. Reimbursements are to be
paid up to and including the total amount of tipping fees. less 3% which have
been paid to the County by the City during fiscal year 1991/1992. The
tipping fees shall be derived by calculating the actual tonnage of solid
wastes generated by the City in the County landfills and multiplying by
.20/ton with the deduction of a 3% administrative fee from the tipping fee
total. All reimbursements to the City shall be paid by the County within
thirty (30) days of receipt of quarterly accounting from The City.
PRESENTER: Pamella Bennett, Director. Department of Environmental Health
Services, Ext. 4688.
ch
Action of the Board of Supervisors
AGREEMENT NO. 92-724
OF SUPERVISORS
ARDINO
cc: EHS w/agreement
" Contractor w/agreement
c/o EHS
Auditor w/agreement
Purchasing - Contract
Compliance
Risk Management
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File
BOARD
14.D507-QOO
Rev. 10/81
ITEM
13
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County Department
vironmental
FOR COUNTY USE ONL Y
Vendor Code Dept.
Contract Number
CITYOFS77 2
SC EHS A
9~-?cJ-
Dept. Orgn.
Health Services
Contractor's License No.
County of San Bernardino
FAS
STANDARD CONTRACT
County Department Contract Representative Ph. Ext. Amount of Contract
hy11is Brooks 387-6516
Fund Dept. Organization Obj/Aev Source Activity GRC/PROJ/JOB Number
AAA EHS C25 2445
FY
Estimated Payment Total by Fiscal Year
Amount 110 FY Amount
110
Project Name
Vellicle Abatement
.t?rogram
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
300 North "D" Street
hereinafter called
Res. 91-385
CITY OF SAN BERNARDINO
Addr...
READOPTED as Ci~y of S Bdna
Res. No. 92-198, adopted by Council 6/15/92
Phone
San Bernardino, CA 92418
Birth Date
Federal 10 No. or Social Security No.
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 ppyment, 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.)
AGREEMENT
THIS AGREEMENT, effective when signed by both parties, is by and
between the County of San Bernardino, a political subdivision of the
State of California, hereinafter designated as COUNTY, and the City of
San Bernardino, a municipal corporation, hereinafter designated as
CITY.
WITNESSETH
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 and actual documented tows and submit to
COUNTY on a quarterly basis.
WHEREAS, it is mutually
insuring that the tipping
agreed that both parties are desirous of
fees collected by COUNTY which were
specifically designated by
for vehicle abatement and
02-12311-000 Rev. 11/90
purposes by CITY.
the San Bernardino County Board of Supervisors
removal purposes are utilized
only for s~ch
Page of
THEREFORE, it is agreed and covenanted by these parties as follows:
I
COUNTY shall, by and through it's Department of Environmental
Health Services:
1. Re imburse CITY at the rate of $100.00 per vehicle case
investigated on a per parcel basis.
2. Reimburse CITY at the rate of $200.00 per documented tow on a
per vehicle basis, until such time that a Service Authority has been
established which will reimburse CITY for all associated costs for
documented tows through the State of California Abandoned Vehicle Trust
Fund.
3.
Make reimbursements
up to and
have been
including the total amount of
paid to COUNTY by CITY during
tipping fees, less 3%, which
Fiscal Year 1991-1992.
4. Derive the total amount of tipping fees by calculating the
actual tonnage of solid wastes generated by CITY in COUNTY landfills
and multiplying by .20/ton.
5. Deduct a 3% administrative fee from the tipping
which is equivalent to the rate charged by the Solid Waste
to the Department of Environmental Health Services.
6. Make all stated reimbursements to CITY within thirty (30)
days of receipt of quarterly accountings from CITY.
fee total,
Department
II
CITY shall:
1.
by CITY
Submit an annual accounting
in COUNTY landfills.
of the actual tonnage generated
PAGE 2 OF 4
by CITY in COUNTY landfills.
2. Maintain an accounting reco'rd of actual complaints investigated
regarding abandoned, dismantled, inoperative, junked, or wrecked vehicles
investigated and actual documented tows to COUNTY on a quarterly basis.
3. Submit an accounting record of documented tows to COUNTY on a
quarterly basis.
III
Any amendments to this agreement for reimbursements, other than
those mentioned within this agreement, must be agreed to and signed by
both parties.
IV
1. While engaged in the performance of their duties and functions
pursuant to this Agreement, the Department of Environmental Health
Services, its deputies, and employees, shall be deemed to be COUNTY
officers and employees and not officers and employees of CITY.
2. While engaged in the performance of their duties and functions
pursuant to this Agreement, the City of San Bernardino, its deputies, and
employees, shall be deemed to be CITY officers and employees and not
officers and employees of COUNTY.
v
1. COUNTY agrees to indemnify and hold harmless CITY and its
authorized agents, officers, volunteers and employees against any and
all claims arising from COUNTY's acts or omissions and for any costs or
expenses incurred by the Department, COUNTY or CITY on account of any
claim therefore.
2. CITY agrees to indemnify, defend and hold harmless the
Department, COUNTY and its authorized agents, officers, volunteers and
employees against any and all claims arising from CITY's acts or
omissions and for any costs or expenses incurred by the Department,
Page 3 of 4
. .
COUNTY or CITY on account of any claim therefore
VI
Thi s contract shall commence and be effective for one year when
signed by both parties and shall be subject to annual renewal by
agreement of both parties.
VII
1. Either party to this Agreement may terminate this Agreement
after thirty (30) days written notice of termination has been received
by the other party. All pending reimbursements subsequent to the
effective date of termination of this agreement for abatement and
removal activities must be paid by COUNTY as per the terms of this
agreement.
~. Termination Notice to COUNTY shall be sent to the Director of
the Department of Environmental Health Services at the following
address:
Department of Environmental Health Services
385 North Arrowhead Avenue
San Bernardino, CA 92415-0160
3. Termination notice to CITY snaIl be sent to the City
Administrator of the City of San Bernardino at the following address:
City of San Bernardino
300 North "D" Street
San Bernardino, CA
9~418
Approved as to form and legal content:
JAMES F. PENMAN, City Attorney
COUNTY OF ~AN BERNAf)0I~~ !i
,:',"':.'f ;\,i\ ,1 A I.( //, ,f i/) (I/"
~ ,..._;"~/t',, ..'_''It v''''.--_~.....:,..,/~'-,.=.. L,_________
Chairmar'l'," Board of sl)t'~~~is-ors
JUL 2, "{ 1991.
By:
Dated ._
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(State if corporation;p"rT/fJany, etc:T--~-
//--7 __/7 ,") /' ~-'J <..'
By ~?-#/ /c- . /;......,..;...___
..' "".' {ui:horized Slgnature,1
By_
Dated ~J:>l:ember 5, 1991
SiGNED AND
Title W. R. Holcomb, Mayor
County of San
County Counsel
Date 1l.R
~-~
M.tJAc.h
Address 300 North "D" St., S'!.I!<iDo, CA.3~418
Attest:.4~ 'If:::.....~,,..A/.^~__
__ -- City Clerk '.' ___
Reviewed as to Affirmative ASJion ~ i Reviewed for Processirlq
~ gk~~/€..~ I ~
~ I I Agency Administrator/CAD
Da~e L/;? /'7 :2 I Date
4 4
PagE:: _ of ___~
q;:r
02.12311.000 Rev 11190
FOR COUNTY USE ONL Y
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E New Vendor Code Dept. Contract Number
M Change SC A
X Cancel
County Department Dept. Orgo. Contractor's License No.
Environmental Health Services
County Department Contract Representative Ph. Ext. Amount of Contract
Phyllis Brooks 387-6516
Fund I Dept. I Organization I Appr. I Obj/Rev Source ActivitV I GRC/PROJ/JOB Number
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount I/O FY Amount 110
Project Name
Vea~cle Abatement - - - -
rorogram - - - -
- - - -
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
N.me
CITY OF SAN BERNARDINO
hereinafter called
CITY OF SAN BERNARDINO
Addre..
300 North "D" Street
Res. 91-385 READOPTED
as City of S Bdno Res. No. 92-198, adopted
by Council 6/15/92
Phone
San Bernardino, CA 92418
Birth o.te
Fed,ral 10 No. or Soci.1 Security No.
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond shsets. Set forth service to be rendered. amount to be paid, manner of pllyment, 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.)
AGREEMENT
THIS AGREEMENT, effective when signed by both parties, is by and
between the County of San Bernardino, a political subdivision of the
State of California, hereinafter designated as COUNTY, and the City of
San Bernardino, a municipal corporation, hereinafter designated as
CITY.
WITNESSETH
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, di smantled, inoperative, junked, or
wrecked vehicles investigated and actual documented tows 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 purposes are utilized only for such
02-'231'.000 Rev. "'90 Page 1 of 4
purposes by CITY.
THEREFORE, it is agreed and covenanted by these parties as follows:
I
COUNTY shall, by and through it's Department of Environmental
Health Services:
1. Re imburse CITY at the rate of $100.00 per vehicle case
investigated on a per parcel basis.
2. Reimburse CITY at the rate of $200.00 per documented tow on a
per vehicle basis, until such time that a Service Authority has been
established which will reimburse CITY for all associated costs for
documented tows through the State of California Abandoned Vehicle Trust
Fund.
3.
Make reimbursements
up to and
have been
including the total amount of
paid to COUNTY by CITY dur ing
tipping fees, less 3%, which
Fiscal Year 1991-1992.
4. Der ive the total amount of tipping fees by calculating the
actual tonnage of solid wastes generated by CITY in COUNTY landfills
and multiplying by .20/ton.
5. Deduct a 3% administrative fee from the tipping fee total,
which is equivalent to the rate charged by the Solid Waste Department
to the Department of Environmental Health Services.
6. Make all stated reimbursements to CITY within thirty (30)
days of receipt of quarterly accountings from CITY.
II
CITY shall:
1. Submit an annual accounting of the actual tonnage generated
by CITY in COUNTY landfills.
PAGE 2 OF 4
by CITY and COUNTY landfills.
2. Maintain an accounting record of actual complaints investigated
regarding abandoned, dismantled, inoperative, junked, or wrecked vehicles
investigated and actual documented tows to COUNTY on a quarterly basis.
3. Submit an accounting record of documented tows to COUNTY on a
quarterly basis.
III
Any amendments to this agreement for reimbursements, other than
those mentioned within this agreement, must be agreed to and signed by
both parties.
IV
1. While engaged in the performance of their duties and functions
pursuant to this Agreement, the Department of Environmental Health
Services, its deputies, and employees, shall be deemed to be COUNTY
officers and employees and not officers and employees of CITY.
2. While engaged in the performance of their duties and functions
pursuant to this Agreement, the City of San Bernardino, its deputies, and
employees, shall be deemed to be CITY officers and employees and not
officers and employees of COUNTY.
v
1. COUNTY agrees to indemnify and hold harmless CITY and its
authori zed agents. officers. volunteers and employees against any and
all claims arising from COUNTY's acts or omissions and for any costs or
expenses incurred by the Department. COUNTY or CITY on account of any
claim therefore.
2. CITY agrees to indemnify, defend and hold harmless the
Department, COUNTY and its authorized agents, officers, volunteers and
employees against any and all claims arising from CITY's acts or
omissions and for any costs or expenses incurred by the Department,
Page 3 of 4
COUNTY or CITY on account of any claim therefore
VI
Thi s contract shall commence and be effective for one year when
signed by both parties and shall be subject to annual renewal by
agreement of both parties.
VII
1. Either party to this Agreement may terminate this Agreement
after thirty (30) days written notice of termination has been received
by the other party. All pending reimbursements subsequent to the
effective date of termination of this agreement for abatement and
removal activities must be paid by COUNTY as per the terms of this
agreement.
2. Termination Notice to COUNTY shall be sent to the Director of
the Department of Environmental Health Services at the following
address:
Department of Environmental Health Services
385 North Arrowhead Avenue
San Bernardino, CA 92415-0160
3. Termination notice to CITY shall be sent to the City
Administrator of the City of San Bernardino at the following address:
City of San Bernard:no
300 North "0" Street
San Bernardino, CA
92418
Approved as to form and legal content:
JAMES F. PENMAN, City Attorney
COUNTY OF SAN BERNARDINO
By:
,1
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Dated
I
J "
5t te if corporation, company, etc,)
/- ~!.)<//'--, </"
By · ,~::/ " ' -~. / . ./ ./:<--'-.-
(Authorized Signature)
.-
Chairman, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN
OF THE BOARD,
Clerk of the Board of Supervisors of the County of San
Bernardino.
Dated
September 5~ 1991
Title w. R. Holcomb, Mayor
By
Deputy
Address 300 North "D" Street, Sn Bdno,
m~d. ~~ ~~
it C
Reviewed for Processing
CA 92418
Approved as to Legal Form
'-~A L. nash
County \ Counsel .h
Date ,ip /J\ a.;v ~ q d-
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.-
Agency Administrator/CAD
Date
Date
02-12311-000 Rev. 11/90
Page
4 4
of