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HomeMy WebLinkAbout16- City Administrator CITY OF SAN BERN! IDINO REQUEST P '"A COUNCIL ACTION From: Fred Wilson Subject: Resolution authorizing amendment Assistant City Administrator to agreement with County of Dept: San Bernardino relative to Date: February 1 , 1993 tipping fee reimbursement. Synopsis of Previous Council action: 6/92 Resolution #92-198 approved authorizing agreement with County for reimbursement of tipping fees for FY 1991/92 . Recommended motion: Adopt resolution. J, 1. Signature Contact person: Fred Wilson 5122 Phone Supporting data attached: yes Ward: ~UNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: :ouncil Notes: 5-0262 Agenda Item No CITY,OF SAN BERNDINO - REQUEST F,_ )q COUNCIL ACTION STAFF REPORT In June of 1992 , the City entered into an agreement with the County of San Bernardino for a reimbursement program for City initiated vehicle abatement fees for FY 1991/92 . That agreement was for a one year period and was to be renewed on an annual basis. The attached amendment to the agreement is to authorize the continuation of the program covering FY 1992/93 through FY 1996/97 and to clarify the language in other sections. 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 VA 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. The Facilities Management Department will be responsible for implementing this agreement and recovering the reimbursements. FRED WILSON Assistant City Administrator FAW/md 5-0264 0 j RESOLUTION NO. 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 THROUGH 1996/97 . 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 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 amendment to an agreement with the County of San Bernardino 10 Environmental Health Services relating to the reimbursement of 11 tipping fees for the City of San Bernardino for FY 92-93 through FY 12 96-97, a copy of which is attached hereto, marked Exhibit "A" and 13 incorporated herein by reference as fully as though set forth at 14 length. 15 SECTION 2 . The authorization to execute the above- 16 reference first amendment to agreement is rescinded if the parties 17 to the first amendment fail to execute it within sixty (60) days of 18 the passage of this resolution. 19 20 I HEREBY CERTIFY that the foregoing resolution was duly 21 adopted by the Mayor and Common Council of the City of San 22 Bernardino at a meeting thereof, held on the day 23 of 1993 , by the following vote, to wit: 24 25 26 27 28 RESOLUTION A HORIZING AGREEMENT WITH C( ITY OF SAN BERNARDINO RELATIVE TO REIMBURSEMENT FOR TIPPING FEES FY1992/93-FY1996-97 . 1 2 Councilmembers AYES NAYS ABSTAIN ABSENT i 3 ESTRADA ® 4 REILLY 5 HERNANDEZ ® 6 MAUDSLEY 7 MINOR 8 POPE-LUDLAM 9 MILLER 10 11 City Clerk 12 13 The foregoing resolution is hereby approved this day of 1993 . 14 15 W. R. Holcomb, Mayor City of San Bernardino 16 Approved as to form 17 and legal content: 18 JAMES F. PENMAN City Attorney 19 By: 20 21 22 23 24 25 26 27 28 -2- FOR COUNTY U: NLY ' JE Ne w Vendor Code Dept. Contract Number Cancele CITYOFS772 S'C' EH S A 92-724-A1 County Department Dept. Orgn. Contractor's License No. /ipit110 ENVIRONMENTAL HEALTH SERVICES County Department Contract Representative Ph. Ext. Amount of Contract PHYLLIS BROOKS 387-6516 County of San Bernardino Fund Dept. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number F A S AAA IEHS C25 1200 1 2445 Commodity Code Estimated Payment Total by Fiscal Year STANDARD CONTRACT FY Amount i/D FY Amount I/D Project Name lbhicle Abatement Program 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 ID No. or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: (Use space below 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.) Any provisions on the reverse side and referenced attachments hereof constitute a part of this contract and are incorporated herein in full. COUNTY OF SAN BERNARDINO Chairman, Board of Supervisors (State if corporation, company, etc.) Dated By ► SIGNED AND CERTIFIED THAT A COPY OF THIS Dated (Authorized Signature) DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Title Clerk of the Board of Supervisors of the County of San Bernardino. Address By Deputy Approved as to Legal(Form /^ R iewe LtoAffrirrn ive Action Reviewed for Processing County Counsel A Agency Administrator/CAO Date Date / ate 02.12298.A 1-1 — This contract would: 1. Amend Section I, Number 2 to read: Reimburse CITY at the rate of $200. 00 per documented tow on a per vehicle basis. 2 . 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 through 1996/97 . The total amount reimbursed to CITY by COUNTY in each fiscal year shall not exceed the total amount in tipping fees paid by CITY to COUNTY in each fiscal year shall not exceed the total amount in tipping fees paid by CITY to COUNTY in each fiscal year. 3 . Amend Section I, Number 4 to read: Derive the total amount of tipping fees by calculating the actual tonnage of sold wastes generated by CITY in COUNTY landfills and multiplying .20/ton; rates of reimbursement shall be reviewed if the percentage of tipping fees which are allocated to the County of San Bernardino Vehicle Abatement Programs are increased or decreased. 4 . Amend Section II, Number 2 to read: 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 property to COUNTY on a quarterly basis. 5. 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's negligent acts or omissions on account of any claim therefore. 6. 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. 7. Amend Section VI, to read: This contract shall commence and be effective for five years when signed by both parties.