County of San Bernardino-Action of the Board of Supervisors
AGREEMENT NO. 95-214
APPROVED OF SUPERVISORS
AYE
5
OARD
MOTION
S EARLE
BY
DATED
COU F SAN -'E1 RDINO
ITEM 7
MINUTEIS OF THE BOARD OF SUPERVISORS
Agri.-Weed AbatemenF O SAN BERNARDINO COUNTY, CALIFORNIA t;
Inc. Cities-Grand Terrace;
Agree. 95-214
APRIL 4, 1995
FROM: EDOUARD P. LAYAYE, Agricultural Commissioner/Sealer
Agriculture/Weights and Measures
SUBJECT: AGREEMENT TO PROVIDE FIRE HAZARD ABATEMENT SERVICES TO .
THE CITY OF GRAND TERRACE
P 014HENDATION: Approve agreement for the Department of Agriculture/Weights and
Measures to conduct a fire hazard abatement program for the City of Grand Terrace in the
amount of $4,000 per year, effective March 28, 1995.
BACKGROUND: The Department of Agriculture/Weights and Measures has conducted a fire hazard abatement program for the City of Grand Terrace since before 1980. The existing agreement has expired and the City wishes to continue contracting with the County for this service.
Under the terms of this agreement, the City authorizes the County to continue providing
fire hazard abatement services within the City and to charge the costs to property owners
on whose properties the work is performed. The City agrees to reimburse the County any
shortage between the revenues collected for this service and the County's costs, up to
$4,000 per year. The maximum City cost can be renegotiated each year based on an annual
analysis of the program's costs and the revenue collected.
The term of this agreement is on-going. The City may cancel this agreement by giving the County written notice prior to January 1 of any year , and the County may terminate the agreement after giving 30 day notice to the City at any time.
REASON FOR RECOMMENDATION : Approval of this agreement will permit the continuation of fire hazard abatement services to the City of Grand Terrace. County
Policy 11-10SP requires Board approval of all contracts.
REVIEW BY OTHER DEPARTMENTS : The agreement was reviewed and approved as to legal form by Deputy County Counsel Susan L. Nash on March 15, 1995 and reviewed by Risk Management on March 21, 1995.
FINANCIAL DATA : The maximum revenue to the Department in FY 1994/95 resulting
from this agreement is $4,000. This revenue has been included in the Department's budget.
The Department will receive reimbursement for its program costs through a combina-tion of agreement revenue and fees levied on property owners for whom work is performed.
PRESENTER: EDOUARD P. LAYAYE, Agricultural Commissioner/Sealer, 387-2115
14-9507-000
Rev. 10/81
cc: Agriculture-Grif Thomas
w/agreement
City of Grand Terrace w/agre
c/o Agriculture
Auditor w/agreement
Contract Compliance
Risk Management
GSG
File w/agreement
ml l
FOR COUNTY USE ONLY
w
2
x
X New
— Change
Cancel
Vendor Code
SC
Dept.
A
Contract Number
95 - .27 "
County Department Dept. Orgn.
Agriculture-Weed Abatement WAB WAB
Contractor's License No.
County Department Contract Representative Ph. Ext.
Grif Thomas 387-3307
Amount of Contract
$4,000
Fund
AAA
Dept.
WAB
Organization
WAB
Appr. Obj/Rev Source
9235
Activity GRC/PROJ/JOB Number
Commodity Code
Weed Abatement
Estimated Payment Total by Fiscal Year
FY Amount I/D FY Amount I/D
1994 $4,000 Project Name
\ Ow \\\\ (// //
/jilt \\\
/ 1 1 \
County of San Bernardino
F A S
CONTRACT TRANSMITTAL
CONTRACTOR City of Grand Terrace
Birth Date Federal ID No. or Social Security No.
Contractor's Representative John Donlevy - Community Service District
Address 22795 Barton Road, Grand Terrace CA 92324
Nature of Contract: (Briefly describe the general terms of the contract)
Phone (909) 824-6621
County Agriculture Department agrees to provide fire hazard abatement
services to the area served by the City of Grand Terrace in consideration
of maximum payment of $4,000 per fiscal year for said services.
(Attach this transmittal to all contracts not prepared on the "Standard Contract" form
Approved as to Legal Form
Reviewed as to Affirmative Action
Reviewed for Processing
L-
County Counsel ) ;—
Date Aarbeft Ci
Agency Administrator/CAO
Date
Date
02-12294-000 Rev. 11/90
AGREEMENT
THIS AGREEMENT, is made and entered into this e7L/1 day of AFL(
19 ?g, and is by and between COUNTY OF SAN BERNARDINO, a political
subdivision of the State of California, hereinafter referred to as "COUNTY,"
and CITY OF GRAND TERRACE, hereinafter referred to as "CITY".
WITNESSETH:
WHEREAS, COUNTY is currently carrying out a fire hazard abatement
program under the authority of San Bernardino County Code Section 23.031 et.
seq., and this program is being conducted in County Service Area 70,
Improvement Zone A, by the County Agricultural Commissioner; and
WHEREAS, CITY is situated near said County Service Area 70 and
presented with fire hazard abatement tasks similar to those of COUNTY and is
empowered to carry out fire hazard abatement programs; and
WHEREAS, each of the parties to this Agreement desires that a unified,
joint program be put in operation to best proceed with fire hazard abatement
in the territories of each of these parties.
NOW, THEREFORE, it is agreed and covenanted by the undersigned public
entities as follows:
1. The County Agricultural Commissioner shall conduct an annual fire
hazard abatement program in the territorial limits of CITY, pursuant to
provisions of San Bernardino County Code Section 23.031 et seq., and rules,
regulations and conditions agreed to by COUNTY, and CITY for its territory.
The conditions shall be as follows:
a.CITY owned property will be treated as private property and
billed separately from this Agreement.
b.Cleaning of weeds along roadsides or alleys within the
boundaries of CITY will be performed at the discretion of
COUNTY and only when determined to be a fire hazard.
In consideration for the services provided under this
Agreement, CITY shall pay to COUNTY sum not to exceed Four Thousand Dollars
($4,000.00) per year based on the difference between the COUNTY's
expenditures to perform these services for the CITY and the cost recovered
by abatement billings and fees with the CITY. The actual sum will be
determined by the Agricultural Commissioner pursuant to the following
formula:
CITY COST = TOTAL PROGRAM COST - TOTAL REIMBURSEMENT
"Total Program Cost" is defined as the expenditures incurred by the COUNTY
including all direct and allocated indirect costs for providing abatement
services within the CITY and "Total Reimbursement" is defined as the total
reimbursement, actual and anticipated, from abatement billings and fees
applied to properties within the CITY during the same period. The
Agricultural Commissioner shall provide the CITY with a copy of this
computation along with the request for payment thereof. CITY shall then
send such payment to the Agricultural Commissioner within thirty (30) days.
CITY shall then send such payment to the Agricultural Commissioner in two
(2) portions. The first portion shall be due and paid within the first six
(6) months of each contract year, and shall be in the amount of one-half
(1/2) of the maximum sum mentioned in this paragraph, (i.e., Two Thousand
Dollars ($2,000.00). Any balance due shall be paid at the end of the
contract year.
3. This Agreement shall remain in full force and effect from year-to-
year unless terminated. It may be terminated by the CITY upon written notice
delivered prior to January 1 of any year. This Agreement may be terminated
by COUNTY upon thirty (30) days written notice to CITY. Notice to COUNTY
shall be to the Clerk of the Board of Supervisors, County of San Bernardino.
Notice to CITY shall be to the City Clerk of GRAND TERRACE.
4.COUNTY shall submit to CITY, not later than January 1 of each
year, a proposed new sum as a ceiling for this Agreement, which may be in
the amount of Four Thousand Dollars ($4,000.00) per year, or higher. If no
new sum is so proposed by COUNTY, the previous year's ceiling sum shall be
applicable for the ensuing year. CITY shall then have sixty (60) days in
which to reject such new sum and terminate this Agreement. Otherwise this
Agreement shall be in full force and effect with the designated ceiling
determined by the Agricultural Commissioner applicable.
5.The COUNTY agrees to indemnify, and hold harmless CITY, its
officers, agents, and employees from all claims and losses which may arise
from any negligent act or omission by the COUNTY, its employees, or agents
in performance of this Agreement.
6.COUNTY and CITY agree that any and all agreements between the
COUNTY and any third-party contractor, hereinafter referred to as
"CONTRACTOR", for performance of fire hazard abatement services within CITY
pursuant to this Agreement, shall contain provisions under which the
CONTRACTOR agrees to indemnify, defend, and hold harmless CITY together with
its officers, agents and employees from all claims and losses which may
arise from any act or omission by the CONTRACTOR, its subcontractors,
materialmen, laborers, any other person or firm supplying materials or
services in connection with the CONTRACTOR'S performance of the COUNTY
obligations under this Agreement.
7.CITY agrees to indemnify, defend, and hold harmless the COUNTY,
its officers, agents, and employees from all claims and losses which may
arise from an act or omission by CITY, its employees, or agents in
performance of this Agreement.
8.No alteration or variation of the terms of this AGREEMENT shall be
valid unless made in writing and signed by the parties hereto, and no
APPROVED AS TO FORM:
City Attorney
BY:
understanding or agreement not incorporated herein shall be binding on any
of the parties hereto.
COUNTY OF SAN BERNARDINO CITY OF GRAND TERRACE
By: Chairman By:
Board of Supervisors
Dated: APR 0 4 1995 Dated:
February 09, 1995
SViEf.) AND CIIITIFLE:3 THAT A COPY OF THIS
DOCUMENT HAS LEUVEN') TO THE CHAIR-
MAN BOARD.
EA.aENE SPPOAT
Clark of iht3 itoacd of Supervisors
of ta County of San 'ernordino
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