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Home My WebLink About2003-306 .. , " . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-306 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE RE-ISSUANCE OF THE SECOND AMENDMENT TO THE WASTE DISPOSAL AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the County of San Bernardino Solid Waste Management Division has requested approval of the re-issuance of the Second Amendment to the Waste Disposal Agreernent between the County and the City of San Bernardino, with a revised adoption date of before December 31,2003. SECTION 2. The Mayor is hereby authorized to execute, on behalf of said City, the revised Second Amendment to the Waste Disposal Agreement between the County of San Bernardino and 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within one hundred-twenty (120) days of the passage of this resolution. 11/ /II III /II III III III September 29, 2003 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2003-306 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE RE-ISSUANCE OF THE SECOND AMENDMENT TO THE WASTE DISPOSAL AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO J HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j t. regular meeting thereof, held on the 17th day of November , 2003, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS x DERRY x SUAREZ x ANDERSON x MCCAMMACK x The foregoing resolution is November , 2003. ~!~.~ RaChel G. Clark, City Clerk 2 7' hereby approved this /C - day of .~d/ / Approved as to Form and legal content: JAMES F. PENMAN, City Attar ey ~ I By: September 29, 2003 2003-306 I Exhibit "An AMENDMENT No.2 TO WASTE DELIVERY AGREEMENT On December 16, 1997, the City of San Bernardino ("City") and the County of San Bernardino ("County") entered into a Waste Disposal Agreement (the 'WDA") which is hereby amended as of this 17 th day of November, 2003 ("Amendment No.2"). Recitals A. On March 27, 2001 the County entered into a Solid Waste Operations Contract ("Operations Contract") with Burrtec Waste Industries, Inc. ("Contractor"). During each fiscal year during the term of the Operations Contract, the Contractor has the right and the obligation to dispose of at least 250,000 but not more than 300,000 tons of solid waste to the Disposal System. In Amendment No. 4 to the Operations Contract, entered into on March 5, 2002 the amount of Article 19 Solid Waste to be delivered for disposal in the Disposal System from March 19, 2002 to and through June 30, 2002 was at least 20,830 but not more than 150,000 tons of solid waste. In Amendment No. _ to the Operations Contract, to be entered into concurrently with this Amendment, the amount of Article 19 Solid Waste that is acceptable for disposal in the Disposal System for the month of June 2003 is to be at least 20,834 but not more than 31,250 tons of solid waste. B. In Amendment NO.1: (i) City agreed to waive its right under the provisions of Section 3.5(A) of the WDA with respect to the Operations Contract, including the right of the County to accept Article 19 Solid Waste on payment of Article 19 Disposal Fee without being required to offer to City to adjust the current or future Contract Rate to equal the Article 19 Disposal Fee; (ii) County agreed to waive any right it may have to accept Article 19 Solid Waste except as provided in Amendment No.1; and (iii) the County and City agreed on the method of calculating and sharing with City its share from the receipt of the Article 19 Disposal Fee, as described in Amendment NO.1. C. The Contractor under the Operations Contract has stated that it has control over 75,000 additional tons per year of solid waste that satisfies the definition of Article 19 Solid Waste within the meaning of the Operations Contract and that it desires to bring such waste to the Disposal System for disposal as Article 19 Solid Waste. D. The County and City agree that it is in the interests of both parties to allow the Contract to bring the additional 75,000 tons of Article 19 Solid Waste for disposal in the Disposal System, under the same terms and conditions as set out in Amendment No. 1 to the WDA. Thus, the purpose of this Amendment NO.2 to the WDA is to increase the maximum amount of Article 19 Solid Waste that is 8303v1 024537/004317 AGMT 2003-306 acceptable for disposal in the Disposal System from 300,000 tons per Contract Year to 375,000 per Contract Year. NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and promises the parties agree as follows: 1. Amendment to Section 1 of Amendment No. 1 to the WDA ReQardinQ Limited Waiver of Citv's Riqhts Under WDA and RiQht of Countv to Accept Article 19 Solid Waste. The parties agree that Section 1 of Amendment No. 1 shall be revised by adding the following: Notwithstanding the forgoing, commencing on the effective date of Amendment No.2, and for the term of the Operations Contract (including any extensions of term currently contained in the Operations Contract), the County may accept Article 19 Solid Waste from Contractor for disposal in the Disposal System in the amount of at least 250,000 but not more than 375,000 tons of solid waste and for the month of June 2003, in the amount of at least 20,834 but not more than 31,250 tons of solid waste. All other terms and conditions of Section 1 of Amendment No. 1 shall remain in full force and effect and are not amended by the provisions of this Amendment NO.2. 2. Effective Date. This Amendment shall be effective if and only when all cities listed on Exhibit "A" to Amendment NO.2 have adopted and executed a counterpart of this Amendment No. 2 and such amendment has been adopted and executed by the County. In all events, the conditions in the forgoing sentence necessary for this Amendment No. 2 to be effective shall occur on or before December 31, 2003, otherwise this Amendment NO.2 shall be null and void and without any effect whatsoever. 3. No other amendments. Except as modified in this Amendment NO.2 (or in any prior amendment) all other terms and conditions of the WDA, including without limit those contained in Amendment No.1, shall remain in full force and effect. I I I I I I I I I I I B303v1 024537/004317 AGMT 2003-306 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year set forth below. COUNTY OF SAN BERNARDINO CITY ~#-!.. ~~~~ Dennis Hansberger, Chairman, Board of Supervisors Titie: ~~i7!/l/" -k",,- -- Date: DEe 1 6 2003 Date: //~20-o <] SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD nty Counsel Date: (f - 'lc-O.3 8303v1 024537/004317 AGMT 2003-306 AMENDMENT No.2 EXHIBIT "Au LIST OF WASTE DELIVERY AGREEMENT CITIES AND TOWNS Town of Apple Valley City of Barstow City of Big Bear Lake City of Colton City of Fontana City of Grand Terrace City of Hesperia City of Highland City of Loma Linda City of Rialto City of San Bernardino City of Twentynine Palms City of Victorville City of Yucaipa Town of Yucca Valley 8303v1 024537/004317 AGMT