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Home My WebLink About1992-465 ... "' 1 2 3 4 5 RESOLUTION 92-465 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF 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. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 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 for FY 92-93, a copy of which is attached 11 hereto, marked Exhibit "A" and incorporated herein by reference as 12 fully as though 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 The authorization to execute the above-referenced 15 Agreement is rescinded if the parties to the Agreement fail to 16 execute it within sixty (60) days of the passage of this 17 resolution. 18 19 I HEREBY CERTIFY that the foregoing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 21st day 22 of December , 1992, by the following vote, to wit: 23 / / / / / 24 / / / / / 25 / / / / / 26 / / / / / 27 / / / / / 28 / / / / / ~~ RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AGREEMENT WITH COUNTY OF SAN BERNARDINO RELATING TO TIPPING FEE REIMBURSEMENT FOR FY92/93. 1 2 COUNCIL MEMBERS 3 ESTRADA 4 REILLY 5 HERNANDEZ 6 MAUDSLEY 7 MINOR 8 POPE-LUDLAM AYES NAYS ABSTAIN AffiENI' ---1L-. ---1L-. ---1L-. ---1L-. ---1L-. ~ 9 10 11 12 13 MILLER ~ Gi~~ '- City Clerk The foregoing resolution is hereby approved this ~ t>.J day 14 of~ <LC- , 1992. 15 16 JAMES F. PENMAN city Attorney 21 By. riA t ~ ))YI-"'" : J- 24 25 26 27 28 -2- Res. 92-465 ~--;:j.~----. f~.~:'~o',"., j ~~/ '---:.,/' E New Vendor Code I Dept. Contract Number Mf- Change Isc A X Cancel EHS County Department Dept. Orgn. Contractor's License No. ENVIRONMENTAL HEALTH SERVICES County Department Contract Representative Ph. Ext. Amount of Contract PHYLLIS BROOKS 387-6516 Fund I Dept. I organizat~;5 I ;~~. I ObjiRe;~~ce Activity 1 GRC/PROJ/JOB Number AM EHS Commodity Code Estimated Payment Total by Fiscal Year FY Amount liD FY Amount liD Project Name Vehicle Abatement - - - - Program - - - - - - - - FOR COUNTY USE ONL Y 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 hereinafter called CITY OF SAN BERNARDINO Address 300 NORTH "D" STREET SAN BERNARDINO, CA 92418 Phone 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 payment, rime for performance or completion, determination of sarisfactory performance and cause for termination, other terms and condirions, and aTtach plans, specificarions, 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 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. 02.12311.000 Rev. 1'.'90 Page 1 of 4 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. Reimburse 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 establ ished 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 including the total amount of tipping fees, less 3%, which have been paid to COUNTY by CITY during Fiscal Year 1991-1992. 4. De rive 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 l~ quarterly basis. 3. Submit an accounting record of documented tows from private property to COUNTY on a quarterly basis. III Any amendments to this agreement for reimbursements, other then 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. Hhile 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 negligent acts or omissions 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, COUNTY or CITY on account of any claim therefore. VI This contract shall commence and be effective for five years when signed by both parties. Page 3 of 4 ~ 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 agreemen t. 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 nctice to CITY shall be sent to the City Administrator of the City of San Bernardino at the following address: City of San Bernardino JOO North "0" Street San Bernardino, CA 92418 COUNTY OF SAN BERNARDINO ~ Chairman, Board of Supervisors Dated 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. Title Mavor - Ci tv of San Bernardino Deputy D St., San Bernardino, CA 92413 By Attest ~ Approved as to Legal Form Reviewed as to Affirmative Action el Clark, Cit Clerk Reviewed for Processing ~~ L flash County Counsx.l , Of Date (p 1'.10 LJ ( '2.- . ~ d~/<J~_ //,th~ / I ~ Agency Administrator/CAD Date Date 02.1231 '.000 R.II. 11190 Page 4 of 4