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HomeMy WebLinkAbout17-City Administrator CITY OF SAN BERtORDINO - REQUEST ())R COUNCIL ACTION From: Fred Wilson, Assistant City Administrator Administration Subject: Re-submission of. Agreement between City and County of San Bernardino relative to tipping fees for the Vehicle Abatement Program. DB'pt: D~: May 26, 1992 . Synopsis of Previous Council action: 9/3/91 -- Resolution No. 91-385 authorizing the execution of an Agreement with the County of San Bernardino Environmental Health Services relating to the reimbursement of tipping fees was adopted. Recommended motion: Adopt resolution. ivli- Signature Contact person: Fred Wilson Phone: 5122 Supporting d~ attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.! (Acct. DescriDtionl Finance: Council Notes: 75-0262 Agenda Item No /7 CITY OF SAN BERtClRDINO - REQUEST ~R COUNCIL ACTION STAFF REPORT On September 3, 1991, the Mayor and Common Council adopted Resolution No. 91-385, entitled "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." On September 6, 1991, the original agreement document (Exhibit "A" to Res. 91-385), along with three copies; were sent certified mail by the city Clerk's office to Ms. Phyllis Brooks of San Bernardino County for execution of signature and return to City for completion of execution by the City. Section 2 of the Resolution 91-385 states that the agreement is resci--1ed if the parties fail to execute it within sixty (60) days of adoption. Unfortunately, the agreement with San Bernardino County Environmental Health Services for reimbursement of tipping fees was not executed by the County Board of supervisors within the time alloted by Resolution No. 91-385. The attached agreement has been reviewed by the Department of Environmental Services and approved by the city. The only action required is the adoption of a new resolution in order that the agreement may be forwarded to the County Board of supervisors for their action. NOTE: See attached Staff Report from original submission of this item which outlines the service to be provided to the County. 75-0264 5-0264 y OF SAN BERNdDINO - REQUEST ~ COUNCIL ACTION STAFF REPORT The attached agreement relates to a proposed reimbursement program for City initiated vehicle abatements for FY 1991-92. As part of the tipping or dumping fee established by the County (which is currently.set at $29.21/ton) is a fee which funds the County Vehicle Abatement Program. This fee was established at $0.20/ton. The County operates a VAP program on a county-wide basis and provides its services to all incorporated cities. Since San Bernardino has established and funds a separate VAP which does not utilize the County services, a request was made to the County to reimburse the City for its fair share of these revenues. Through the efforts of Councilwoman Miller, Manuel Moreno and the AB 939 Task Force, a reimbursement program was developed. The attached agreement details the procedures for obtaining reimbursement for the VAP. The total amount of money available for reimbursement to the City is a function of the total amount of tonnage of solid waste generated by the City. It is estimated that approximately 200,000 tons will be collected this year. Assuming this figure remains constant, reimbursement in the amount of $40,000 should be realized under this agreement. 6.- ED WILSON Assistant City Administrator FAW/sc 8/21/91 o o 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO 3 ENVIRONMENTAL HEALTH SERVICES RELATING TO THE REIMBURSEMENT OF TIPPING FEES FOR THE CITY OF SAN BERNARDINO. 4 5 6 7 8 9 10 11 12 13 RESOLUTION BE IT RESOLVED BY THE MAYOR 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 hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 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 meeting thereof, held on the day 22 f , 1992, by the following vote, to wit: . 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 / / / / o o 1 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATIVE TO TIPPING FEES. 2 3 4 COUNCIL MEMBERS 5 ESTRADA 6 REILLY 7 HERNANDEZ 8 MAUDSLEY 9 MINOR 10 POPE-LUDLAM 11 MILLER 12 13 14 NAYS ABSTAIN ~ ABSENT City Clerk 15 16 17 18 19 20 21 pproved as to form nd legal content: 22 23 24 25 26 The foregoing resolution is hereby approved this day of , 1992. W. R. Holcomb, Mayor city of San Bernardino y: (k~)- Pe~ o 27 28 2 - ,County of ..... a.r-dIno FAS STANDARD CONTRACT E New M Chonge X c.nc.I County Depanment vironmental Health Services County o.p.rtment Conv.ct IIepreMntotlve hyllis Brooks Fund Dept. Ofg.nlz.lion FOR COUNTY V8ndor Codo Contract Number (f) SC Dept. A Ofgn. Controcto,'. Licono. No. Ph. Ext. 387-t;S16 Obj/Rov Source Amount of ContrlCt Activtty GRCIPROJ/JOB Numbo, Commodity Codo FY _1tId P'Y"*1t TOlII by FiIcol Yur Amount 110 FY Amount 110 Projoct N..... V....i-cle Abatement .t'rogram THIS CONTRACT Is entered into in the State of Callfomia by and between the County of San Bemardino. hereinaftar called the County. end - CITY OF SAN BERNARDINO hereinafter called CITY OF SAN BERNARDINO -- 300 North "D" Street Res. 91-385 San Bernardino, CA 92418 "- _ Dele -.. ID No. or _Iocurily No. IT IS HEREBY AGREED AS FOLLOWS: IlJIo _ _... _ _ _ __. Set_ _to "".-ed, _to "" P8id, __ of ".._, '*"- for JWformonce or completion. -- of _1ClOty JWformonce _ _ for _, other _ _ condition., _Illoch""'.~, _ _.;( ony./ 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 a per parcel to reimburse CITY for each vehicle case investigated 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 purposes are utilized o!l_l__y f'or _.such 02-12311.000 Rn. 11110 ~ , Jr basis and for each documented tow on _ u o 0 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 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 including the total amount of tipping fees, less 3%, which have been paid to COUNTY by CITY during Fiscal Year 1991-1992. 4. Der i ve 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. by CITY '-and. COUNTY--randQ1S. o . 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. , 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, o o COUNTY or CITY on account of any claim therefore VI This 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 Bernardino 300 North "D" Street San Bernardino, CA 92418 Approved as to form and legal content: JAMES F. PENMAN, City Attorney COUNTY OF SAN BERNARDINO , By: .. Chairman, Board of Supervisors Dated St te if corporation, coprpllny, etc.) ----70.. .... 7 <k':~ .:,--;/ ____ /"" V /-/ P' 7. " - ..- By"~ . //" c.j .......-. / (Au orizeeJ Signature) - Dated Sept~ sl. 1991 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 w. R. Bo1collb." Mayor By Deputy Sn Bdno. CA 92418 Approved 8S to legal Form ..~ L. nash County \ Counsel h q Oete ~ /p f0.aAr ./ C)- cvon Reviewed for Processing - .. Agency Administrator/CAO Date n'.1,~".nnn iii." 111M D__~. 4 II o.