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HomeMy WebLinkAbout15- City Administrator CITY OF SAN BERIORDINO REQUEST C )R COUNCIL ACTION From: Fred Wilson Subject: Tipping Fee Resolution Assistant City Administrator Dept: June 23 , 1993 Date: Synopsis of Previous Council action: 2/93 -- Resolution 93-36 adopted by Mayor and Council authorizing agreement with County for reimbursement of tipping fees for 1992/93 . Document not executed as never signed by County within 60 days. 6/92 -- Resolution 92-198 approved authorizing agreement with County for reimbursement of tipping fees for FY1991/92. Recommended motion: Adopt resolution. Signature Contact person: Fred Wilson Phone. 5122 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. CITY OF SAN BERN RDINO - REQUEST OR 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. In February 1993 , a first amendment to the agreement was adopted by the Mayor and Common Council authorizing the continuation of the program covering FY 1992/93 through 1996/97 and to clarify the language in other sections. That amendment was adopted as Resolution #93-36. However, the amendment was never signed into effect by the Board of Supervisors and, therefore, became void after 60 days. The reason for this is that the program is coming to an end after FY 92/93 . The County is now submitting another amendment to the original agreement. The reason for this amendment is to eliminate the annual renewal clause and allow for reimbursement to the City for the fees collected for FY 1992/93 which have already been invoiced by the City. It is recommended that the attached resolution amending the agreement be approved. BACKGROUND 9 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 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 re mbu ements. K& RED WILSON Assistant City Administrator FAW/md 75-0264 1 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. 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, a copy of 12 which is attached hereto, marked Exhibit "A" and incorporated 13 herein by reference as fully as though set forth at length. 14 SECTION 2. The authorization to execute the above- 15 reference first amendment to agreement is rescinded if the parties 16 to the first amendment fail to execute it within sixty (60) days of 17 the passage of this 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 of 1993 , by the following vote, to wit: 23 24 25 26 27 28 RESOLUTION UTHORIZING AGREEMENT WITH .JUNTY FOR REIMBURSEMENT OF TIPPING FEES FOR FY1992/93 1 2 Councilmembers AYES NAYS ABSTAIN ABSENT 3 NEGRETE 4 CURLIN 5 HERNANDEZ 6 OBERHELMAN 7 OFFICE VACANT 8 POPE-LUDLAM 9 MILLER 10 11 City Clerk 12 The foregoing resolution is hereby approved this day of 13 1993 . 14 15 Tom Minor, 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- L _. COUNTY OF SAN BERNARDINO 1 ENVIRONMENTAL ENVIRONMENTAL HEALTH SERVICES MANAGEMENT GROUP SAN URNARDINO _ 385 North Arrowhead Avenue • San Bernardino,CA 92415-0160 (909) 387-4646 �' �.- PAMELLA BENNETT, R.E.H.S. ❑ 320 East"D" Street • Ontario, CA 91764 • (909) 391-7570 Director ❑ 15505 Civic Drive • Victorville, CA 92392 • (619) 243-8141 ❑ 17830 Arrow Boulevard • Fontana,CA 92335 • (909)829-6244 Also serving the cities of: ❑ 57407 Twent nine Palms Highway • Yucca Valley, 92284 • (619) 228-5410 AdVanto Montclair y g y y' Apple Valley Needles ❑ San Bernardino County Vector Control Program Barstow Ontario 2355 East Fifth Street • San Bernardino, CA 92415-0064 a (909)383-3200 Big Beer Lake Rancho Cucamonga Chino Redlands Chino Hills Rialto Colton San Bernardino Fontana Twentynine Palms JUNE 15, 1993 Grand Terrace Upland Hesperia Victorville Highland Yucaipa Loma Linda Yucca Valley CITY OF SAN BERNARDINO 300 North D Street, San Bernardino, CA 92418 Attn: Frederick A. Wilson SUBJECT: CONTRACT FOR REIMBURSEMENT OF TIPPING FEES Enclosed are the proposed amendments to the contract between City of San Bernardino and The County of San Bernardino for reimbursement of tipping fees. This is the final format for approval by the San Bernardino City Council , there have been some changes since the proposed contract submitted to San Bernardino in November. The signature of an authorized agent for the City is required near the bottom of the last page. Please return four (4) copies of the amendment with four (4) original signatures to me once the City has signed, so that I can prepare it for submission to the County Board of Supervisors for approval . Once it has been approved by the Board, a copy will be forwarded to the City of San Bernardino. Please contact me at (714) 387-6516 . PHYL IS BROOKS, E.S. IV, Supervisor Vehicle Abatement Program ENCLOSURE cc: Pamella Bennett, Director, D.E.H.S. Joan Mulcare, Division Chief, D.E.H.S . Bert Murphy FOR COUNTY t 7NLY Vendor Code _pt. Contract Number ddi/y� M Change C I TYOFS772 SC EHS n g2-724-1 A X Cancel lr A ��� County Department Dept. Orgn. Contractor's License No. %/jjJg�\ Environmental Health Services County Department Contract Representative Ph. Ext. Amount of Contract Phyllis Brooks 387-0200 County of San Bernardino Fund Dept. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number AAA ESH C25 200 2445 F A S Commodity Code Estimated Payment Total by Fiscal Year STANDARD CONTRACT FY Amount I/D FY Amount I/D Project Name Vehicle 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 BE RNARD I NO hereinafter called CITY OF SAN BE RNARD I NO 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 ► (Authorized Signature) SIGNED AND CERTIFIED THAT A COPY OF THIS Dated 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 Reviewed s to Affirm tive Action Reviewed for Processing County Counsel Agency Administrator/CAO Date f. l Date �^ .,.,...�,.. � -• Date - 0 San Bernardino This contract would 1. Amend WITNESSETH to read: 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 on private property and actual documented tows from private property 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. THEREFORE, it is agreed and covenanted by these parties as follows: 2 . Amend Section I, Number 2 to read: Reimburse CITY at the rate of $200. 00 per documented tow on a per vehicle basis. 3 . 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 . 4 . Amend Section II, Number 1 to read: Derive the total amount of tipping fees by calculating the estimated tonnage of solid wastes generated by CITY in COUNTY Landfills and multiplying by . 22/ton, Page 2 of 4 tonnage estimates shall be based on data received from The County of San Bernardino Department of Solid Waste Management using census data showing average tons per year for San Bernardino as 193 , 743 . 5 . Amend Section I, Number 5 to read: Deduct a 3% administrative fee from the tipping fee total, which is equivalent to the rate charged by the County of San Bernardino Department of Solid Waste Management to The County of San Bernardino Department of Environmental Health Services. 6. Amend Section II, Number 2 to read: 1. 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 private property to COUNTY on a quarterly basis. 7 . 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. 8 . 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. Page 3 of 4 04 9 . Amend Section VI, Number 1 to read: This amendment shall serve as notification of termination of contract to be effective on June 30, 1993 . All pending reimbursements subsequent to the effective date of termination of this agreement for reimbursement of landfill tipping fees must be paid by COUNTY as per the terms of this agreement. 10. Delete Section VII.