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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the Fourth
Amendment to the Waste Delivery
Agreement between the County of San
Bernardino and the City of San
Bernardino.
Dept: Public Services
Date: October 30, 2007
Meeting Date: December 3, 2007
Synopsis of Previous Council Action:
Resolution No. 2003-306 - Mayor and Common Council of the City of San Bernardino
authorized the re-issuance of the Second Amendment to the Waste Delivery Agreement.
Resolution No. 2003-117 - Mayor and Common Council of the City of San Bernardino
authorized the Second Amendment to the Waste Delivery Agreement.
Resolution No. 2002-79 - Mayor and Common Council of the City of San Bernardino
authorized the First Amendment to the Waste Delivery Agreement.
Resolution No. 1997-371 - Mayor and Common Council of the City of San Bernardino
entered in to a Waste Delivery Agreement between the County of San Bernardino and the
C City of San Bernardino.
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Recommended Motion:
Adopt Resolution
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Signature
Contact person: Ken Fischer, Director
Supporting data attached:
Staff Report, Resolution and
Amendment No.4
Phone:
Ward:
5140
All
FUNDING REQUIREMENTS:
Amount:
$0.00
Source:
Finance:
Council Notes:
J~f3J 01
Agenda Item No. J..1
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing
the Fourth Amendment to the Waste Delivery Agreement between the County of San
Bernardino and the City of San Bernardino.
Background:
On December 16, 1997 the Mayor and Common Council of the City of San Bernardino
and the County of San Bernardino entered into a Waste Delivery Agreement ry./DA).
The WDA grants the City a reduced disposal rate in exchange for the City disposing its
collected waste at County owned landfills.
On October 18, 2007, the City received a letter (Amendment No.4) from the County
stating that they wanted to amend Section 4.2(B) of the WDA, in order to adjust the
dates of the calculations for the cost of living adjustments (COLA) to an earlier date.
Currently, the WDA calls for annual price adjustments based upon changes in the
Producer Price Index (PPI) and the Employment Cost Index (EI) for the month of
February of the same year for rate adjustments effective in July. The proposed
Amendment No.4 would change the date for calculating the rate to September of the
year prior for the PPI and EI. The implementation date would remain July. By
adjusting the dates earlier in the year, the County will be able to adjust their budget
and/or rates earlier in the year thus giving the City of San Bernardino ample time to
budget accordingly for the following year.
Staff recommends that the proposed Fourth Amendment to the Waste Delivery
Agreement ry./DA) be approved. If approved, Amendment No.4 shall be effective July
1, 2008.
Financial Impact:
Since there is no change in the actual implementation date for the COLA adjustments,
there is no negative financial impact to the Integrated Waste Management fund for this
Amendment.
Recommendation:
Adopt resolution.
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE FOURTH AMENDMENT TO THE WASTE
3 DELIVERY AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND
4 THE CITY OF SAN BERNARDINO.
5 WHEREAS, the City entered into a Waste Delivery Agreement with the County
6 of San Bernardino dated December 16, 1997, which requires the City to utilize the
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County landfill; and
WHEREAS, the County of San Bernardino Solid Waste Management Division
has requested approval of the Fourth Amendment to the Waste Delivery Agreement
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between the County and the City of San Bernardino.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager is hereby authorized to execute on behalf
of said City the Fourth Amendment to the Waste Delivery Agreement between the
County 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;
and
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.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE FOURTH AMENDMENT TO THE WASTE
DELIVERY AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND
THE CITY OF SAN BERNARDINO.
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 thereof, held on the
day of
, 2007, by the
following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
Council Members:
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2007.
day of
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
a es F. Penman, City Attorney
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WASTE DELIVERY AGREEMENT
BETWEEN
THE COUNTY OF SAN BERNARDINO, CALIFORNIA
AND
THE CITY OF SAN BERNARDINO
DATED DECEMBER 16,1997
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County Authorization
City Authorization Date:
County Notice Address:
City Notice Address:
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Solid Waste Management Division
222 Hospitality Lane, 2nd Floor
San Bernardinq, CA 92415-0017
Emergency Contact:
Emergency Contact:
Peter H. Wulfman
Division Manager
(909) 386-8701
Print Name, Print Title
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EXHIBIT "A"
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AMENDMENT NO.4 TO THE
WASTE DISPOSAL AGREEMENT
On December 16,1997 the City of San Bernardino ("City") and the County of San Bernardino
("County") entered into a Waste Disposal Agreement (WDA"). The parties hereby amend the
WDA, on the Effective Date as provided herein, by their respective execution of this agreement
(hereinafter "Amendment').
Recitals.
A. Following the adoption of the WDA, changes in law occurred relating to the length of the
required notice to be given prior to the adoption of certain fees.
B. Recently, the County has adopted a new policy of enacting its revised fees earlier in the
calendar year. .
C. Based on the forgoing, it will assist both the City and the County if the annual cost of
living adjustment to the Contract Rate, provided for in Section 4.2(B) of the WDA, is
calculated earlier in a given calendar year. To accomplish this goal, the parties have
agreed in this Amendment to adjust the dates used to establish the change in the cost of
living to an earlier date, thus allowing the earlier calculation of the required annual cost
of living adjustment.
D. While this Amendment changes the date of the calculation of the change in the cost of
living, it does not change the date that such change is effective. The change in the
Contract Rate to reflect the annual cost of living adjustment will continue to be effective
on July 1 of each year.
NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and
promises the parties agree as follows:
1. Amended Section 4.2IB) of the WDA. Section 4.2(B) of the WDA is amended to read:
(B) Calculation of Escalation. For purposes of Section 4.2(A)(ii), the Contract
Rate shall be adjusted in accordance with the formula described in this Section each
July 1 during the term hereof, commencing July 1, 1999. The adjustment shall be
calculated in accordance with the following formula:
Contract Rate =
Fixed Portion + [Escalating Portion x Index]
Where,
Fixed Portion =
$10.87
Escalating Portion = $17.63
Index =
Price Index, which shall be determined in accordance with the
following formula:
1=
.7[PP,/PPb] + .3[EI,/Eb]
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PPI, = The Producer Price Index, Industrial Commodities, as published
by the United States Department of Labor Statistics in the
publication Producer Price Indices, Table 6, for the month of
February in the year the adjustment is being made (e.g., the first
adjustment will use the February, 1999 value)
PPI2 = Producer Price Index, Industrial Commodities for the month of
February, 1998
EI, = Employment Cost Index, Compensation, Private Industry Workers,
as published by the United States Department of Labor Statistics
in the publication Monthly Labor Review, Table 22, for the last
quarter of the year preceding the year the adjustment is being
made (e.g., the first adjustment will use the last quarter, 1998
value)
Eh = Employment Cost Index, Compensation, Private Industry Workers
established for the last quarter of 1997
The adjustment effective on July 1, 2008, and all subsequent adjustments, will be
calculated as provided above, except that the parameters of the Index (i.e., I) shall
be defined as follows:
PPI, = The Producer Price Index, Industrial Commodities Commodity
Data, as published at the United States Department of Labor,
Bureau of Labor Statistics web site, Series 10 WPU03 thru15 for
the month of September in the year prior to the year for which the
adjustment is being made (e.g., the adjustment effective July 1,
2008 will use the September 2007 value)
PPI2 = Producer Price Index, Industrial Commodities Commodity Data for
the month of September, 1997
EI, = Employment Cost Index, Total Compensation, Private Industry All
Workers, as published at the United States Department of Labor,
Bureau of Labor Statistics web site, Series 10:
CIU20100000000001 for the last quarter of the year preceding the
year for which the adjustment is being made (e.g., the adjustment
effective July 1, 2008 will use the third quarter, 2007 value)
EI2 = Employment Cost Index, Compensation, Private Industry All
Workers, as published at the United States Department of Labor,
Bureau of Labor Statistics web site, Table 3, established for the
third quarter of 1997
If at any time either the Employment Cost Index or the Producer Price Index is no
longer published, or are otherwise unavailable, then the Cost of Living Adjustment
shall be determined by using standard official statistics measuring changes to,
respectively, labor costs and cost of materials, as the parties shall mutually agree.
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All other terms and conditions of Section 4.2 shall remain in full force and effect and are
not amended by the provisions of this Amendment.
2. Pavment bv electronic fund transfer. City shall accept all payments from County via
electronic funds transfer (EFT) directly deposited into the City's designated checking or
other bank account. City shall promptly comply with directions and accurately complete
forms provided by County required to process EFT payments.
3. Effective Date. This Amendment shall be effective if and only when all cities listed on
Exhibit "A" to this Amendment have adopted and executed a counterpart of this
Amendment and such Amendment has been adopted and executed by the County. In
all events, the condition in the forgoing sentence necessary for this Amendment to be
effective shall occur on or before February 1, 2008, otherwise this Amendment shall be
null and void and without any effect whatsoever.
4. No other amendments. Except as modified in this Amendment (or in any prior
Amendment(s)) all other terms and conditions of the WDA, including without limit those
contained in any prior Amendment, shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized officers or representatives as of the day and year first above written.
CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO
By:
By:
Name: Paul Biane, Chairman. Board of Supervisors
Print Name
Title: Date:
Date:
ATTEST: SIGNED AND CERTIFIED THAT A COPY OF
THIS CONTRACT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
Clerk of the Board of Supervisors
Of the County of San Bemardino
C By:
City Clerk By:
Deputy
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED AS TO FORM:
COUNTY COUNSEL SAN BERNARDINO
COUNTY, CALIFORNIA
By:
By:
Date:
Date:
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D WASTE MANAGEMENT DIVISION
West Hospitality Lene, Second Floor . San Bernardino, CA 92415-0017 . (909) 386-8701
Administretion/Engineerlng Fax (909) 386-8900
Fiscal Section/Operations Fax (909) 386-B786
Solid Waste ProgramslPlanning Fax (909) 386-8964
COUNTY OF SAN 8ERNAROINO
PUBLIC AND SUPPORT
SERVICES GROUP
. DEPARTMENT OF PUBLIC WORKS
FLOOD CONTROL . SOLID WASTE MGMT . SURVEYOR . TRANSPORTATION
VANA R. OLSON
Director of Public Works
PETER H. WULFMAN
Solid Was!e Division Manager
October 18. 2007
TO: CityfTown Manager
RE: AMENDMENT TO WASTE DELIVERY AGREEMENT BETWEEN
THE CllYfTOWN AND THE COUNTY OF SAN BERNARDINO
Enclosed are two copies of an amendment, requested by the cities, to the Waste Delivery
Agreement to be approved and signed by your CityfTown council. This Amendment changes the
date of the calculation of the change in the cost of living. This Amendment does not change the
date that such change is effective. The change in the Contract Rate to reflect the annual cost of
living adjustment will continue to be effective on July 1 of each year. Once the agreement has been
approved, please retum both signed copies to our office at the address listed below for approval by
the County of San Bemardino Board of Supervisors.
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When signed return to:
Peter H. Wulfman
County of San Bernardino
Solid Waste Management Division
222 W. Hospitality Lane, 2nd Floor
San Bernardino, CA 92408
Once the Board has approved the amendment, the County of San Bernardino will return one
original signature copy to you for your records.
If you have any questions, please contact me at (909) 386-8703.
ST~ ..,L /-tkL.i,&,L--
Peter H. w~J /
Division Manager
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Enclosures as noted
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WASTE DELIVERY AGREEMENT
BETWEEN
THE COUNTY OF SAN BERNARDINO, CALIFORNIA
AND
THE CITY OF SAN BERNARDINO
DATED DECEMBER 16,1997
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County Authorization
City Authorization Date:
County Notice Address:
City Notice Address:
Solid Waste Management Division
222 Hospitality Lane, 2nd Floor
San Bemardino, CA 92415-0017
City of San Bemardino
300 North D Street
San Bemardino. CA 92418
Emergency Contact:
Emergency Contact:
Peter H. Wulfman
Division Manager
(909) 386-8701
Print Name, Print Title
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AMENDMENT NO.4 TO THE
WASTE DISPOSAL AGREEMENT
On December 16,1997 the City of San Bernardino ("City") and the County of San Bernardino
("County") entered into a Waste Disposal Agreement (WDA"). The parties hereby amend the
WDA, on the Effective Date as provided herein, by their respective execution of this agreement
(hereinafter "Amendment').
Recitals.
A. Following the adoption of the WDA, changes in law occurred relating to the length of the
required notice to be given prior to the adoption of certain fees.
B. Recently, the County has adopted a new policy of enacting its revised fees earlier in the
calendar year.
C. Based on the forgoing, it will assist both the City and the County if the annual cost of
living adjustment to the Contract Rate, provided for in Section 4.2(B} of the WDA, is
calculated earlier in a given calendar year. To accomplish this goal, the parties have
agreed in this Amendment to adjust the dates used to establish the change in the cost of
living to an earlier date, thus allowing the earlier calculation of the required annual cost
of living adjustment.
D. While this Amendment changes the date of the calculation of the change in the cost of
living, it does not change the date that such change is effective. The change in the
Contract Rate to reflect the annual cost of living adjustment will continue to be effective
on July 1 of each year.
NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and
promises the parties agree as follows:
1. Amended Section 4.2IB\ of the WDA. Section 4.2(B} of the WDA is amended to read:
(B) Calculation of Escalation. For purposes of Section 4.2(A)(ii}, the Contract
Rate shall be adjusted in accordance with the formula described in this Section each
July 1 during the term hereof, commencing July 1, 1999. The adjustment shall be
calculated in accordance with the following formula:
Contract Rate =
Fixed Portion + [Escalating Portion x Index]
Where,
Fixed Portion =
$10.87
Escalating Portion = $17.63
Index =
Price Index, which shall be determined in accordance with the
following formula:
1=
.7[PP,/PPI21 + .3[EI,/EI21
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#308662
PPI, = The Producer Price Index, Industrial Commodities, as published
by the United States Department of Labor Statistics in the
publication Producer Price Indices, Table 6, for the month of
February in the year the adjustment is being made (e.g., the first
adjustment will use the February, 1999 value)
PPb = Producer Price Index, Industrial Commodities for the month of
February, 1998
EI, = Employment Cost Index, Compensation, Private Industry Workers,
as published by the United States Department of Labor Statistics
in the publication Monthly Labor Review, Table 22, for the last
quarter of the year preceding the year the adjustment is being
made (e.g., the first adjustment will use the last quarter, 1998
value)
EI2 = Employment Cost Index, Compensation, Private Industry Workers
established for the last quarter of 1997
The adjustment effective on July 1, 2008, and all subsequent adjustments, will be
calculated as provided above, except that the parameters of the Index (i.e., I) shall
be defined as follows:
PPI, = The Producer Price Index, Industrial Commodities Commodity
Data, as published at the United States Department of Labor,
Bureau of Labor Statistics web site, Series 10 WPU03 thru15 for
the month of September in the year prior to the year for which the
adjustment is being made (e.g., the adjustment effective July 1,
2008 will use the September 2007 value)
PPI2 = Producer Price Index, Industrial Commodities Commodity Data for
the month of September, 1997
EI, = Employment Cost Index, Total Compensation, Private Industry All
Workers, as published at the United States Department of Labor,
Bureau of Labor Statistics web site, Series 10:
CIU20100000000001 for the last quarter of the year preceding the
year for which the adjustment is being made (e.g., the adjustment
effective July 1, 2008 will use the third quarter, 2007 value)
E12= Employment Cost Index, Compensation, Private Industry All
Workers, as published at the United States Department of Labor,
Bureau of Labor Statistics web site, Table 3, established for the
third quarter of 1997
If at any time either the Employment Cost Index or the Producer Price Index is no
longer published, or are otherwise unavailable, then the Cost of Living Adjustment
shall be determined by using standard official statistics measuring changes to,
respectively, labor costs and cost of materials, as the parties shall mutually agree.
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All other terms and conditions of Section 4.2 shall remain in full force and effect and are
not amended by the provisions of this Amendment.
2. Pavment bv electronic fund transfer. City shall accept all payments from County via
electronic funds transfer (EFT) directly deposited into the City's designated checking or
other bank account. City shall promptly comply with directions and accurately complete
forms provided by County required to process EFT payments.
3. Effective Date. This Amendment shall be effective if and only when all cities listed on
Exhibit "A" to this Amendment have adopted and executed a counterpart of this
Amendment and such Amendment has been adopted and executed by the County. In
all events, the condition in the forgoing sentence necessary for this Amendment to be
effective shall occur on or before February 1, 2008, otherwise this Amendment shall be
null and void and without any effect whatsoever.
4. No other amendments. Except as modified in this Amendment (or in any prior
Amendment(s)) all other terms and conditions of the WDA, including without limit those
contained in any prior Amendment, shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized officers or representatives as of the day and year first above written.
CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO
By:
By:
Name: Paul Biane, Chainnan, Board of Supervisors
Print Name
Title: Date:
Date:
ATTEST: SIGNED AND CERTIFIED THAT A COpy OF
THIS CONTRACT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
Clerk of the Board of Supervisors
Of the County of San Bernardino
C By:
City Clerk By:
Deputy
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED AS TO FORM:
COUNTY COUNSEL SAN BERNARDINO
COUNTY, CALIFORNIA
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Date: ~ 2. ~ 2.ruJ7
By:
Date:
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