HomeMy WebLinkAboutContracts & Agreements_27-1992_CCv0001.pdf MEMORANDUM OF UNDERSTANDING REGARDING
ENVIRONMENTAL MITIGATION FUND
This Memorandum of Understanding ("MOU") is entered into on June 29,
1992, by and between the County of San Bernardino (hereinafter "County") and
the City of Redlands, (hereinafter "Municipality").
NOW, THEREFORE, in consideration of the covenants and conditions herein
contained, the parties hereby agree as follows:
1. PURPOSE
The purpose of this MOU is to establish the procedures for the disbursement
of funds by the County from the Environmental Mitigation Fund ("EMF").
The criteria for which the funds may be made available and the accounting
and reporting process will also be addressed.
This MOU does not affect any right the County has relative to the EMF fee
which forms a part of the solid waste disposal fee set forth in County Code
Section 16.0222. Specifically, nothing herein obligates the County to continue to
impose at any landfill or other disposal facility an EMF fee, in any amount.
2. ENTITIES ELIGIBLE FOR FUNDING
Municipalities which are entitled to receive funds from the EMF are those
with a landfill within its incorporated boundaries and those municipalities with
landfills located within its LAFCO approved sphere of influence as further specified
in the section of this contract entitled Funding Formula. The County is also
entitled to receive a portion of the funds from the EMF as outlined in the Funding
Formula section. Municipality has the San Timoteo landfill located within its
boundaries as of August, 1990 and within its sphere of influence prior to August,
1990.
If a landfill has not been located within the Municipality's boundaries, or
sphere of influence, as the case may be, since July 1 , 1989 (the date on which the
EMF was initially established), Municipality shall receive EMF monies as called for
in the Funding Formula section for only those periods of time when the landfill was
located within either its boundaries or sphere of influence (or both, if applicable).
Entitlement shall be established by determining the EMF monies (actually collected)
which became
due during such time period at the landfill in question. LAFCO records shall be
used to conclusively determine the time period for inclusion of the relevant landfill
in the Municipality's boundaries or sphere of influence, or both.
3. CRITERIA FOR FUND USE
The monies from the EMF must be used by the Municipality relative to the
criteria established under the "Nexus" Test outlined below.
Funds allocated to Municipality from the EMF must be utilized only on
projects which address issues which arise, have arisen or which are likely to arise
as an impact of having a landfill within its boundaries or its sphere of influence as
they comply with the Nexus Test. Such projects where appropriately planned and
implemented could include, but are not limited to:
(a) Recycling subsidies for Host Community sponsored programs;
(b) Street reconstruction and widening in traffic impacted areas;
(c) Installation of traffic signals, parkway improvements, and street
maintenance and cleaning in traffic impacted areas, street sweeping, toxic and
hazardous waste abatement and street litter control;
(d) Construction of improvement of non-motorized vehicle paths, trails
and access roads in traffic impacted areas;
(e) Clean up of illegal dumping within two and one-half (2.5) miles of the
landfili boundaries and code enforcement of the same;
(f) Animal and vector control expenditures in traffic impacted areas; and
(g) Providing additional services or hours of operation at the landfill.
(h) Other projects which comply with the Nexus Test.
4. FUNDING FORMULA
Landfill Within Boundaries
A Municipality with a landfill located within its incorporated boundary is
entitled to funding at the rate established in the fee structure for the EMF for the
relevant fiscal year (current rate: $1 .00 per ton established July 1989) from the
tons of refuse deposited at the landfill specified in Section 2, entitled "Entities
Eligible for Funding."
Landfill Within Sphere of Influence
A Municipality with a landfill located within its LAFCO approved sphere of
influence is entitled to funding at fifty percent (50%) of the rate established in the
fee structure for the EMF for the relevant fiscal year (current rate: $1 .00 per ton
established July 1989 equals $0.50 per ton) from the tons of refuse deposited at
the landfill specified in Section 2, entitled "Entities Eligible for Funding."
The County is entitled to use the remaining fifty percent (50%) of the then
current rate established in the fee structure for the EMF for the then current fiscal
year (current rate: $1 .00 per ton established July, 1989 equals $0.50 per ton)
from the tons of refuse deposited at the specified landfill.
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For All Landfills
Municipality recognizes that there may be some refuse deposited at the
specified landfill for which no fee is charged, and, consequently, upon which no
EMF monies are collected. With respect to such tonnage, no EMF monies will be
disbursed, nor are required to be disbursed, to Municipality under the terms of this
MOU.
5. PAYMENT METHOD
Each Municipality which is eligible to receive funds shall receive the monies
collected through the EMF on a quarterly basis within two (2) months from the end
of the quarter, except as to those monies raised through the first quarter of the
1991-92 fiscal year, which sum (including accrued interest earned prior to the
adoption of this MOU) will be paid to the Municipality in a single lump sum
payment within four (4) weeks of the date of the signing of the MOU by the
County and Municipality (except as to any interest not yet received by the County
which viii be paid within a reasonable time following its receipt).
The sum due Municipality through the first quarter of fiscal year 1991-92,
pursuant to the provisions of this MOU (including the provision of Sections 2 and
4), is Two Hundred Forty Five Thousand, Six Hundred Sixty Two Dollars and 46
Cents ($245,662.46); of which One Hundred Ninety Nine Thousand, Nine Hundred
Eleven Dollars and No Cents ($199,911 .00) are EMF monies and Forty Five
Thousand, Seven Hundred Fifty One Dollars and 46 Cents ($45,751 .46) are
interest. All future sums due shall he determined according to the terms of this
MOU. Interest earned on EMF monies after December 31 , 1991 shall be retained
by the County to help defray the costs of collecting, administering and disbursing
EMF monies.
The County will not, and is not obligated to, disburse any EMF funds which
are not collected.
6. NEXUS TEST
A project satisfies the Nexus Test if the project's primary purpose and effect
is to alleviate (or to reduce the magnitude or the significance of) an adverse
condition affecting the Municipality, which adverse condition results from the
presence of the landfill which establishes the Municipality's entitlement to receive
funds from the EMF (as contrasted with an adverse condition that results from the
mere presence of a facility of another governmental entity; e.g., from the removal
of property from the tax rolls).
All projects funded by the EMF must meet the Nexus Test and all use of
EMF monies are subject to such audit by the County as it deems necessary or
appropriate. Municipality shall keep all records necessary to establish the use of
EMF monies for five (5) years after such use, or for two 2) years after the
termination of this Agreement, whichever is longer. Municipality warrants that it
will use EMF monies only on projects which meet the Nexus Test,
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LITIGATION AND INDEMNIFICATION
The Municipality agrees to indemnify, defend and hold harmless the San
Bernardino Solid Waste Management Department and the County and their
authorized agents, officers, volunteers and employees against any and all claims or
actions arising from the Municipality"s acts or omissions related to this M and
for any costs or expenses incurred by the Department, County or their authorized
agents, officers, volunteers and employees on account of any claim therefore.
This indemnification includes, without limit, any claim or action arising from
the Municipality's breach of any warranty or other failure of such Municipality's
project to satisfy the Nexus Test and, further, the cost or expenses related thereto
includes any monetary loss to the County occasioned by such breach or failure.
The County reserves the right to provide (or to select its own counsel to
provide) a legal defense for itself at the cost of the Municipality. The Municipality
reserves the right to provide it own legal defense.
If the Municipality fails to satisfy the Nexus Test as determined by a court of
comoetent jurisdiction or by an independent party mutually acceptable to the
parties to this MOO, those funds shall be reallocated by the Municipality for
alternative projects which will meet the Nexus Test. If the project is determined
not to meet the Nexus Test, the Municipality has sixty (60) days (the "Reallocation
Period") to reallocate those funds to a project which satisfies the Nexus Test. The
Municipality will confirm reallocation of the funds to County through a financial
report (including substantiating documentation). Failure to reallocate funds utilized
on a project not meeting the Nexus Test will result in those funds being returned to
the County ("Returned Funds") for placement in the EMF until such time as
projects to utilize the Returned Funds are submitted by the Municipality which do
meet the Nexus Test. Returned Funds shall be remitted to County within thirty
(30) da °s following the end of the Reallocation Period if the Municipality fails to
reallocate those funds as required herein. County may withhold EMF funds
otherwise due t-Aunicipality pursuant to the terms of this Agreement in an amount
equal to any unremitted Returned bunds. No reallocation of funds or other action
to rectify the failure of a Municipality's use of EMF monies to satisfy the Nexus
Test shall relieve the Municipality from its duty to indemnify the County as
otherwise provided for herein,
8. TERMINATION.
If County discontinues the imposition of an EMF fee at the landfill giving rise
to Municipality's right to EMF monies as provided herein, this Agreement shall
terminate. In addition, either Municipality or County may, at any time and for any
reason, terminate this Agreement on thirty 1130) days prior written notice to the
other.
Termination of this Agreement shall not affect the right of Municipality to
receive EMF monies collected prior to the date of termination. Nor shall such
termination extinguish the obligation of Municipality to utilize all EMF monies
received as required under the provisions of this Agreement, to allow an audit to
be conducted by the County relative thereto and to defend and indemnify the
County relative to the use of any and all EMF monies received and the warranties
of Municipality as provided herein.
9. CONTRACT COMPLIANCE
The (Municipality) agrees to comply with the provisions of the Affirmative
Action Compliance Program of the County of San Bernardino and rules and
regulations adopted pursuant thereto. Executive Orders 11246, 11375, 11625,
12138, 12443, 12250, Title VII of the Civil Rights Act of 1964, The California Fair
Employment Practice Act, California Public Contracts Code 2000 and the San
Bernardino County MIWBE Policy No. 11-15, and other applicable Federal, State
and County laws, regulations and policies relating to equal employment and
contracting opportunities, including laws and regulations hereafter enacted.
COUNTY 0 SAN BERNARDINO CITY OF REDLANDS
4-
�UN 2 9
By:
Chairman, Boa ff of Supervisors
ATTEST: ATTEST:
Clerk of the Board of Superyisofs--- City Clerk
By,:
Deputy Title: J
APPROVED AS TO FORM APPROVED AS TO FORM
ALAN K. MARKS, COUNTY COUNSEL
COUNTYAF SAN BRDINO CIV ATT078NEYj
I
Je
By ' By: Daniel J. McHugh
ROGER L. JOCKS, babuty Title: City Attorney
V,
DATE: DATE: April 21. 1992
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FOR COUNTY USE ONLY
E New Vendor Code Dept. j Contract Number
\N\
Mi 1 Changei, 1SWM 1 i 01 A o%t
X i 1; Cance! i
County Department Cent. Orgn.
—1Z Contractors License an.
Solid Waste Management SWM SWM I
County Department Contract Representative Ph. Ext,
Amount of Contract
John A. Burke 387-01061 VARIES
County of San Bernardino Fund Dept. Organization—Appr, Obi'Rev Source Activity GRC—iPRWJCS Numoer
A S XXAi SWM '; SWM 9990 92EMREDL
Commocsity F
Code
Estimated Payment Tota! by Fiscal Year
CONTRACT TRANSMITTAL i FY Amount 1/D FY Amount
Project Name Initial Pmt. for
Environmental189-19 1 $245, 662 .46
Mitigation Subsequent pmts. will
i
Fund M.O.U. bebasedon tonnage.
CONTRACTOR CITY OF REDLANDS
Birth Date N/A — Federal ID No. or Social Security No, 95-6000766
James Wheaton, City Manager
t-ontkractor's Hapresentative ----
Address— 30 Cajon Street, Redlands, CA 92373 PhO74-798-7503
Nature of Contract: ;Erieflv describe the cenerai terms of the contract)
Memorandum of Understanding by and between the County of San
Bernardino and the City of Redlands for distribution of money
from the Environmental Mitigation Fund.
The San Timoteo Landfill is within the boundary of Redlands;
therefore, the City of Redlands is entitled to funds set
aside by Solid Waste Management to mitigate environmental
conditions relating to the subject landfill.
'AttaC17 Transmittal to a tracts not prepared on the ''Standarc Contracr' -orm.)
r', S T LeQai �=o M Reviewed as ,o Affirrnatwe Action Reviewed for Processing
aunty
Cclunsel
lb-
Agencv Administrator CAO
Date Clate Date
02-12294.6 74 Rev, 11%90
MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA,,
Solid Waste Mgmt: General ,
Inc. Cities: @ city listed JUNE 29, 1991 t gf
a
@ agree listed VOY
1g11'
FROM: JOHN A. BURKE, � g
Director ,.
Solid Waste Management Department
SUBJECT: ENVIRONMENTAL MITIGATION FUND (EMF) MEMORANDUM OF
UNDERSTANDING (MOU) WITH CITIES OF COLTON, REDLANDS,
HESPERIA, TWENTYNINE PALMS AND VICTORVILLE
RECOMMENDATI � Ai��r ve five Memorandums of Understandin��.,,(MOU)
with the Cities of olton, ReifCiRN, H�15R%, Twer� y- Ne Palms and VXNle
for Environmental Mitigation funding.
BACKGROUND: On May 22, 1989, the Board of Supervisors adopted
Ordinance No. 3334 which established a $1 .00 per ton surcharge to create an
Environmental Mitigation Fund (EMF). This fee has been included in subsequent
Solid Waste Management Department's (SWMD) fee ordinances. SWMD has
established a trust fund for the fees collected. Following the creation of the
EMF, an agreement defining distribution and use of collected fees was developed
and subsequently approved by the Solid Waste Advisory Task Force (SWAT) on
September 19, 1991 and the Board of Supervisors on March 23, 1992.
Located within the incorporated boundaries (or the sphere of influence) of
Colton, Redlands, Hesperia, Twentynine Palms and Victorville are, respectively,
the Colton, San Timoteo, Hesperia, Twentynine Palms and Victorville landfills.
The terms of each City's MOU entitle them to receive funds from the EMF.
These funds are to be used for mitigation of adverse environmental conditions
caused by the landfills.
REASON FOR RECOMMENDATION: In accordance with Policy 11-10 Board of
Supervisors' approval is required on all agreements.
REVIEW BY OTHERS: The MOUs have been reviewed by Deputy County
Counsel Robert L. Jocks on June 17, 1992 and by staffs of the First, Third and
Fifth Supervisorial Districts on June 18, 1992.
cc: Solid Waste Mgmt-J. Burke
Action of the Board of Supervisors
wJagree. AGREEMENTS 927,576'THRoum 92-580
Contractor wJagree c/o SM APPROVED BOARD OF SUPERVISORS
Auditor wJagree V OF SAN BERNARDINO
Purchasing-Contract Conp.
Risk Mgmt MOTION, Ars AYE s coxa ., SENT MOTION
hWG I 2 3 4 5
File wJagree EARL SP AT, CLERK T BOA
sws BY
DATED. JUNE-- 9, 1992
14-9507.000
o.... 1-1 .— - 11
June 29, 1992
Page - 2 -
ENVIRONMENTAL MITIGATION FUND MOU WITH CITIES OF COLTON,
REDLANDS, HESPERIA, 29 PALMS & VICTORVILLE
FINANCIAL DATA: Initial payments from the EMF are for the period from July,
1989, through the first quarter of Fiscal Year 1991/1992. The amount to be
paid to the City of Colton is $731,337.08; to the City of Redlands,
$245,662.46; to the City of Hesperia, $78,080.89; to the City of Twentynine
Palms, $16,332.97; and to the City of Victorville, $143,469.20. Subsequent
disbursements will be made quarterly.
PRESENTER: JOHN A. BURKE