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CITY OF SAN BEFORDINO - REQUEST(JOR COUNCIL ACTION
.
From:
...
Fred Wilson
Asst. City Administrator
Administration
Subject:
Resolution adopting Agreement with the
County of San Bernardino relative to
tipping fees for the Vehicle Abatement
Program.
Dept:
Date: August 21, 1991
Synopsis of Previous Council action:
NONE
Recommended motion:
Adopt resolution.
"fMll- S;g""~
Contact person:
Supporting data attached:
Fred Wilson
Phone:
5122
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.1
(Acct. DescriPtion)
Finance:
Council Notes:
75.0262
Agenda Item No
IR
4
CITY OF SAN BEIGARDINO - REQUES..oOR COUNCIL ACTION
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STAFF REPORT
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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.
Administrator
FAW/sc
75-0264
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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 MAyo.R 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.
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
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereon, held on the
day of
, 1991, by the following vote,
to wit:
/ / /
/ / /
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RESOLUTION ,,"ORIZING AN AGREEMENT WITH THE ~TY OF SAN BERNARDINO RELATIVE
TO TIPPING ~. '-'
Councilmembers
ABSTAIN
ABSENT
AYES
NAYS
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
CITY CLERK
The foregoing resolution is hereby approved this
day of
, 1991.
w. R. HOLCOMB, MAYOR
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
~ 1 ' ~">V~
-2-
J'
(f)
New
Chonge
X Concol
County Deportment Dept.
vironmental Health Services
County Deportment Controct I\oproMntotlvo
hyllis Brooks
Fund Dept. Orgonlzotlon
FOR COUNTY
Vendor Code
ONLY
apt.
Contract Number
sc
A
.
Orgn.
Contractor', Ucen.. No.
Ph. Ext.
387-6516
Amount of Controct
County of 8M IIemerdIno
FAS
STANDARD CONTRACT
ObjJllov Sourco
Activity GRCIPROJ/JOB Number
FY
Eo~ Poymont Totti by AoclII V_
Amount lID FY Amount
lID
Commodity Code
Project Nome
Venicle Abatement
~r09ram
THIS CONTRACT I. entered Into In the Stete of Clllfomll by Ind between the County of Sin Bernlrdino. herelnlfter cllled
the County. Ind
-
CITY OF SAN BEllNARDINO
herelnlfter cllled
CITY OF SAN BEllNARDINO
--
300 North "0" Street
San Bernardino, CA 92418
-- --
_10 No... _ -., No.
IT IS HEREBY AGREED AS FOLLOWS:
/lJoo _ _.. end ........101 _ _. Sot fontt __ 10 ". .-ed. _ 10 ". poId, ...- 0' P"ymont. - ftx porlotrrJont>> or comrWtion.
__ 0' otlIofoctory porlotrrJont>> end _ ftx ltIminolIon. 0_ _ end COf_. end ottoch ",.,... opocIf/c<<Jona. end _. If My.1
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 purposes are utilized only for such
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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. Make reimbursements up to and including the total amount of
tipping fees, less 3S, which have been paid to COUNTY by CITY during
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.
3. Deduct a 3S 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 State 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
DSlIt'U:1 ? nf 4
L
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by CITY and COUNTY la~llS,
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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
A.ny 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 A.greement, 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,
o
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COUNTY or CITY on account of any claim therefore
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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
the Department of Environmental Health Services
address:
to the Director of
at the following
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:
St te if corporation, company, etc.)
..
Chairman, Board of Supervisors
Dated
By ..
(Authorized Signature)
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
Title
Address
By
Deputy
Approved as to legal Form
Reviewed as to Affirmative Action
Reviewed for Processing
Date
Date
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Agency Administrator/CAD
Date
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County Counsel
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