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Home My WebLink About1991-385 '. 1 2 3 4 5 6 7 8 9 10 11 12 13 91-385 RESOLUTION NO. 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. BE IT RESOLVED BY THE MAYQR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement with the County of San Bernardino, Environmental Health Services, relating to the reimbursement of tipping fees for the City of San Bernardino, a copy of which is attached 14 hereto, marked Exhibit "A" and incorporated herein by reference 15 16 17 18 19 as fully as though set forth at length. SECTION 2. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the 20 passage of this resolution. 21 22 I HEREBY CERTIFY that the foregoing resolution was duly 23 adopted by the Mayor and Common Council of the City of San 24 25 26 27 Bernardino at a regular meeting thereon, held on the 3rd September day of , 1991, by the following vote, to wit: / / / 28 / / / RESOLUTION 'AUTHORIZING AN AGREEMENT WITH THE COUNTY OF SAN BERNARD~NO RELATIVE TO TIPPING FEES. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Councilmembers AYES NAYS ABSTAIN ABSENT ESTRADA X REILLY X HERNANDEZ X MAUDSLEY X MINOR X POPE-LUDLAM X - MILLER X C(~Y~ The foregoing resolution is hereby approved this day of September , 1991. 5th ~' I I /--- / ,l-/-//,'_.t -' W. R. H01.COMB, MAYOR City of,San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney ~VN'-? 1 ' ~~~"<4--- 25) 26 27 28 -2- ~~\\Jlh/~/ ~t~ -;j: ,...- ~ ~..... .i<r~'I'\\\~ E New Vendor Code Dept. Contract Number M Change SC A X Cancel County Department Dept. Orgn. Contractor's License No. ~vironmental Health Services County Department Contract Representative Ph. Ext. Amount of Contract Phyllis Brooks 387-6516 Fund I Dept. I Organization T Appr. T Obj/Rev Source Activity I GRC/PROJ/JOB Number Commodity Code Estimated Payment Total by Fiscal Year FY Amount 110 FY Amount 110 Project Nlme VeUl.cle Abatement - - - - .t"rogram - - - - - - - - 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 N.m. CITY OF SAN BERNARDINO hereinafter called CITY OF SAN BERNARDINO Addre.. 300 North "D" Street Res. 91-385 Phone San Bernardino, CA 92418 Birth O.te Federel 10 No. or Soci.. Security No. IT IS HEREBY AGREED AS FOLLOWS: (Use spse" below and additional bond sheets. Set fonh service to be rendered, amount to be paid, manner of p"yment, 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 C TTY. 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 02.12311-000 R...,. 11/90 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 I S Department of Environmental Health Services: 1. Make reimbursements tipping fees, less 3';, which Fiscal Year 1991-1992. 2. 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. up to and have been including the total amount of paid to COUNTY by CITY during 3. 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. 4. Reimburse CITY at the rate of $100.00 per vehicle case investigated on a per parcel basis. 5. 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 ~tate of California Abandoned Vehicle Trust Fund. 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 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 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 authori zed agents, officers, volunteers and employees against an y 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 .~greement 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 acti vi ties 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 Bernardino 300 North "D" Street San Bernardino, CA 92418 COUNTY OF SAN BERNARDII\IO , ~ 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. By Deputy Reviewed for Processing Approved as to form and legal content: JAMES F. PENMAN, City Attorney ^ 1/ /' By: U...;:t""".4 j I ~'-v___ (y'! , I ./ 1St) if c,orp~':tl?"; ~a;/Jany, etc.) By ~. <<.//->.>y. ,'-~- (Authorized Signature) Dated September 5) 1991 Title W. R. HolCOmb, Mayor :::::S:.3~ ~' CA 92418 Reviewed as to Affirmative Action Approved as to Legal Form ~ County Counsel Date ~ ~ Agency Administrator/CAQ Date Date 02-123"-000 Rev. 11190 Page 4 4 of