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Home My WebLink About2011-050 1 RESOLUTION NO. 2011-50 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE RE-ISSUANCE OF THE FOURTH AMENDMENT TO THE WASTE DELIVERY AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO. 3 4 5 6 WHEREAS, the City entered into a Waste Delivery Agreement with. 7 the County of San Bernardino dated December 16, 1997, which requires the City 8 to utilize the County landfill; and 9 WHEREAS, the County of San Bernardino Solid Waste 10 Management Division has requested approval of the Fourth Amendment to the 11 Waste Delivery Agreement between the County and the City of San Bernardino. 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: . 14 15 SECTION 1. That the City Manager is hereby authorized to 16 execute on behalf of said City the Fourth Amendment to the Waste Delivery 17 Agreement between the County and the City of San Bernardino, a copy of which 18 is attached hereto, marked Exhibit "A", and incorporated herein by reference as 19 fully as though set forth at length; and 20 SECTION 2. The authorization to execute the above referenced 21 22 agreement is rescinded if the parties to the agreement fail to execute it within 23 ninety (90) days of the passage of this resolution. 24 III 25 11/ 26 11/ 27 III 28 2011-50 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE RE-ISSUANCE OF THE FOURTH AMENDMENT TO THE WASTE DELIVERY AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO. 2 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 5 the Mayor and Common Council of the City of San Bernardino at a 6 7 joint regular meeting thereof, held on the 7th day of 8 March , 2011 by the following vote, to wit: 9 10 Council Members: Abstain Absent Aves Navs 11 MARQUEZ x --.' 12 VACANT 13 BRINKER x 14 SHORETT x 15 KELLEY --1L 16 JOHNSON x 17 18 MCCAMMACK x 19 Gl~ /';l ~, - Rachel G. Clark, City Clerk 20 9m day of 21 The foregoing resolution is hereby approved this March , 2011. 22 ~c,~ 23 24 Tobin Brinker, Mayor Pro Tern City of San Bernardino Approved as to Form: 25 26 By: 27 Ja s F. Penman, City Attorney 28 REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION March 15, 2011 FROM: GRANVILLE M. BOWMAN, Director Department of Public Works - Solid Waste Management SUBJECT: AMENDMENTS TO WASTE DISPOSAL AGREEMENTS WITH THE CITIES RECOMMENDA TION(S) Approve various amendments to the Waste Disposal Agreements tyVDAs) with the Cities in order to change the dates used to establish the cost of living adjustment, as listed on Attachment A. (Affected Districts: All) (Presenter: Granville M. Bowman, Director, 387-7906) BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES Operate in a Fiscally-Responsible and Business-Like Manner Pursue County Goals and Objectives by Working with Other Governmental Agencies FINANCIAL IMPACT Approval of this item will result in no Net County Cost (Discretionary General Funding) or changes to the Solid Waste Management Operating Fund. The amendments to these revenue contracts will result in no new revenue to the County, as it only amends the date of the calculation of the cost of living adjustment for the WDA cities, allowing the WDA Contract Rate to be announced with adequate time for the posting of appropriate notices and adjustment of the rate prior to the next fiscal year. The effective date of the change in the WDA Contract Rate will continue to be July 1 of each year. BACKGROUND INFORMATION Approval of this item will allow the Department of Public Works - Solid Waste Management Division to calculate the annual cost of living adjustment earlier in the calendar year. To accomplish this goal, the sixteen (16) cities with Waste Disposal Agreements tyVDAs) have agreed 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. Attachment A provides a list of the WDAs amendments for all 16 cities. The Waste Disposal Agreement (WDA) is a fifteen (15) year agreement with 16 cities within San Bernardino County obligating them to deliver all their controllable waste to the County's waste disposal system during the term of the agreement in exchange for a reduced contract rate for disposal at the designated disposal facility for each city. In 1997, the Board of Supervisors (Board) approved the first WDA with the Cities of Rialto, San Bernardino and Victorville. Over the Page 1 of 2 cc: PW/Solid Waste-Bowman w/agrements Contractor clo Solid Waste w/agreement Auditor-Accounts Payable Manager w/agreements EBIX-BPO clo Risk Management County Counsel-Alexander-Kelley CAD-Valdez File - w/agreement ml 03/21/11 ITEM 41 MOTION AYE 4 AYE 5 LAURA BY Rev 1-19-11 BOARD OF SUPERVISORS AMENDMENTS TO WASTE DISPOSAL AGREEMENTS WITH THE CITIES MARCH 15, 2011 PAGE 2 OF 2 years, a total of 16 cities/towns have entered into WDAs, with Adelanto being the last city to join in 2004. The Board has additionally approved several amendments to the WDAs to implement the Article 19 Solid Waste component (waste disposed of in the county from a non-WDA city), to increase the annual maximum limits of Article 19 Solid Waste, and to include the cities' participation in the Comprehensive Disposal Site Diversion Program. This proposed amendment would adjust the dates used to establish the annual cost of living to an earlier date. The County has adopted a new policy of enacting its revised fees earlier in the calendar year. As a result, it will assist both the Cities and the County if the annual cost of living adjustment to the WDA Contract Rate, provided for in Section 4.2(B) of the WDAs, is calculated earlier in a given calendar year. The current WDAs identify the publication date of the specific indices used to calculate the annual cost of living adjustment as the quarterly ECI for December and the annual PPI for February of each year. Using the current index information, which is not actually finalized until four or five months later, makes the adjustment process difficult since the final landfill rates cannot be announced until after the start of the fiscal year. This amendment to the WDAs will allow for the use of the data published in September for the specified indices, which should be finalized by February or March, allowing the final landfill rate to be announced with adequate time for the posting of appropriate notices and adjustment of the rate prior to the next fiscal year. 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 becomes effective. The change in the WDA Contract Rate to reflect the annual cost of living adjustment will continue to be effective on July 1 of each year. REVIEW BY OTHERS This item has been reviewed by County Counsel (Penny Alexander-Kelley, Principal Assistant) on January 24, 2011 and the County Administrative Office (Beatriz Valdez, Principal Administrative Analyst, 387-1852) on February 24, 2011. 0311 511 1 #41 BOARD OF SUPERVISORS AMENDMENTS TO WASTE DISPOSAL AGREEMENTS WITH THE CITIES MARCH 15, 2011 ATTACHMENT Following are the list of Waste Disposal Agreements to be amended to change the dates used to establish the cost of living adjustment: 1. City of Adelanto, Amendment No.2 to Waste Disposal Agreement No. 04-321 2. Town of Apple Valley, Amendment No.4 to Waste Disposal Agreement No. 98-48 3. City of Barstow, Amendment No.4 to Waste Disposal Agreement No. 98-590 4. City of Big Bear Lake, Amendment No.4 to Waste Disposal Agreement No. 98-744 5. City of Colton, Amendment No.4 to Waste Disposal Agreement No. 98-302 6. City of Fontana, Amendment No.4 to Waste Disposal Agreement No. 98-105 7. City of Grand Terrace, Amendment No.5 to Waste Disposal Agreement No. 98-107 8. City of Hesperia, Amendment No.4 to Waste Disposal Agreement No. 98-959 9. City of Highland, Amendment No.4 to Waste Disposal Agreement No. 01-735 10. City of Loma Linda, Amendment No.4 to Waste Disposal Agreement No. 98-745 11. City of Rialto, Amendment No.4 to Waste Disposal Agreement No. 97-1043 12. City of San Bernardino, Amendment No.4 to Waste Disposal Agreement No. 97-1051 13. City of Twentynine Palms, Amendment No.4 to Waste Disposal Agreement No. 98-642 14. City of Victorville, Amendment No.3 to Waste Disposal Agreement No. 97-1052 15. City of Yucaipa, Amendment No.4 to Waste Disposal Agreement No. 98-679 16. Town of Yucca Valley, Amendment No.4 to Waste Disposal Agreement No. 98-288 FOR COUNTY USE ONL Y FAS :x: New Vendor Code Dept. W Contract Number Change SC SWM 97-1051 A-4 Cancel County Department Dept. Orgn. Contractor's License No. DPW/Solid Waste Management Division SWM SWM County Department Contract Representative Telephone Total Contract Amount Granville M. (909)387-7906 VARIOUS Bowman, Director Contract Type 100 Revenue D Encumbered D Unencumbered D Other: If not encumbered or revenue contract type, provide reason: Commodity Code I Contract Start Date Contract End Date Original Amount Amendment Amount 01/01/1998 12/31/2012 $ Fund Dept. Organization App'- Obj/Rev Source GRC/PROJ/JOB No. Amount EAA SWM SWM , 9700 , None $ Fund Dept. Organization App'- Obj/Rev Source GRC/PROJ/JOB No. Amount , , $ Fund Dept. Organization App'- Obj/Rev Source GRC/PROJ/JOB No. Amount , $ Project Name Estimated Payment Total by Fiscal Year Amendment #4 to the Waste Disposal Agreement. FY Amount 110 FY Amount 110 For Date Change of the - - Annlll:ll r.nc:.t nf I illinn - - Arlillc:.trnpnt ~ County of San Bernardino CONTRACT TRANSMITTAL CONTRACTOR City of San Bernardino FederallD No. or Social Security No. Contractor's Representative Patrick J. Morris, Mayor Address 300 North D Street, San Bernardino, CA 92418 Phone (909) 384 - 5140 Nature of Contract: (Briefly describe the general terms of the contract) The Waste Disposal Agreement is a fifteen year agreement between the County and the City of San Bernardino for use of the County landfill system. Amendment #1 was to implement the "Article 19 Solid Waste" component of the County's waste management system and define the City's share of that revenue. Amendment #2 was to increase the annual maximum limits of "Article 19 Solid Waste" in the County landfill system. Amendment #3 was to allow the County to charge the fee of $10.00 per ton (pro rated) for identified controllable waste of the City (e.g., roll off container trucks and other City vehicles such as pick-ups and dump trucks) and have such waste subject to being processed in the recycling program. The purpose of Amendment #4 is to allow the County to calculate the annual cost of living adjustment earlier in the calendar year. ~ County Counsel ~ Reviewed as to Contract Compliance Date Date Auditor/Controller-Recorder Use Onlv o Contract Database 0 FAS Input Date I Keyed By Revised 1/13/2009 2011-50 EXHIBIT A WASTE DISPOSAL AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO, CALIFORNIA AND THE CITY OF SAN BERNARDINO DATED: December 16, 1997 County Authorization Date: 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 Bernardino 300 North D Street San Bernardino, CA 92418 Emergency Contact: Emergency Contact: Gerry Newcombe Deputy Administrative Officer (909) 386-8703 2011-50 AMENDMENT NO.4 TO THE WASTE DISPOSAL AGREEMENT On December 16,1997 City of San Bernardino ("City") and the County of San Bernardino ("County") entered into a Waste Disposal Agreement ("WDN). 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 4.2(B) 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[PPI,/PPlzJ + .3[EI,/Elzl . 2011-50 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) PPI, = 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 Monthlv 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) EI, = Employment Cost Index, Compensation, Private Industry Workers established for the last quarter of 1997 The adjustment effective on July 1, 2011, 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 ID 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, 2011 will use the September 2010 value) PPI, = Producer Price Index, Industrial Commodities Commodity Data for the month of September, 1997 El, = 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, 2011 will use the third quarter, 2010 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 material,s, as the parties shall mutually agree, 2011-50 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. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 2011-50 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. ~~3:'&~ By: Print Name d/ry /77,4/-../,466/( Date: -, 15 2011 Title: Date 3//0/11 . B~t: dzd~ City Clerk ~~~ By: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY APPROVED AS TO FORM: COUNTY COUNSEL SAN BERNARDINO COUNTY. CALIFORNIA By L ?~ V Date ~ 2- 2.-8/( I By: Date: 2011-50 EXHIBIT A CITIESfTOWNS WITH A WASTE DELIVERY AGREEMENT 0NDA) WITH THE COUNTY OF SAN BERNARDINO 1. ADELANTO 2. APPLE VALLEY 3. BARSTOW 4. BIG BEAR LAKE 5. COLTON 6 FONTANA 7. GRAND TERRACE 8. HESPERIA 9. HIGHLAND 10. LOMA LINDA 11 RIALTO 12 SAN BERNARDINO 13. TWENTYNINE PALMS 14 VICTORVILLE 15. YUCAIPA 16. YUCCA VALLEY DEPARTMENT OF PUBLIC WORKS FLOOp CONTROL 0 LAND DEVELOPMENT & CONSTRUCTION 0 OPERATIONS SOLID WASTE MANAGEMENT 0 SURVEYOR 0 TRANSPORTATION SOLID WASTE MANAGEMENT DIVISION 222 West Hospitality Lane, Second Floor oSan Bernardino, CA 92415.0017 0(909) 386.8701 Administration/Engineering Fax (909) 386.8900 e COUNTY OF SAN BERNARDINO GRANVILLE M. "BOW BOWMAN, P.E., P.L.S. Director of Public Wor1<s March 28,2011 Ms. Lisa Kulikoff Executive Assistant to the Director Public Works Department City of San Bernardino 300 North "D" Street San Bernardino, CA 92418-000 I SUBJECT: AMENDMENT TO WASTE DELIVERY AGREEMENT (WDA) BETWEEN THE CITY AND THE COUNTY OF SAN BERNARDINO Dear Ms. Kulikoff: On March 15,2011, the San Bernardino County Board of Supervisors approved the amendment to the WDA to change the dates used to establish the cost ofliving adjustment toan earlier date. Attached is an original, fully executed copy for your records. Sincerely, fI/lOJccJ ~ ~ MARY PATTERSON Solid Waste Analyst cc: Gerry Newcombe GREGORY C. DEVEREAUX Chief Executive Officer BRAD MITZELFEL T .. JANICE RUTHERFORD.. Board of Supervisors ... First District NEIL DERRY.. . .. . Second District GARY C. OVITT .. JOSIE GONZALES......................Fifth District ... Third District ........Fourth District