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CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTIONO R I G I N A L
From: Nadeem Majaj, Director Subject: Resolution of the Mayor and
Common Council of the City of San
Dept: Public Works Bernardino authorizing the re-issuance
of the Fourth Amendment to the Waste
Date: February 16, 2011 Delivery Agreement between the County
of San Bernardino and the City of San
Bernardino.
Meeting Date: March 7, 2011
Synopsis of Previous Council Action:
Resolution No. 2008-57 - Mayor and Common Council of the City of San Bernardino authorized the
Fourth Amendment to the Waste Delivery Agreement.
Resolution No. 2007-469 - Mayor and Common Council of the City of San Bernardino authorized the
re-issuance of the Third Amendment to the Waste Delivery Agreement.
Resolution No. 2007-453 - Mayor and Common Council of the City of San Bernardino authorized the
Third Amendment to the Waste Delivery Agreement.
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 City of San Bernardino.
Recommended Motion:
Adopt Resolution.
Signa ure
Contact person: Nadeem Majaj, Director Phone: 384-5140
Supporting data attached: Staff Report Ward: All
Resolution and Amendment No. 4
FUNDING REQUIREMENTS: Amount: $0.00
Source:
Finance:
Council Notes:
Agenda Item No. I I
1 10 11,01
r
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 re-issuance of 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 (WDA).
The WDA grants the City a reduced disposal rate in exchange for the City disposing its
collected waste at County owned landfills.
On November 24, 2011, the City received a letter (Amendment No. 4) from the County
requesting 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
El. 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 for dump waste fees accordingly
for the following fiscal year.
Staff recommends that the proposed Fourth Amendment to the Waste Delivery
Agreement (WDA) be approved. If approved, Amendment No. 4 shall be effective July
1, 2011.
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.
COP
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO AUTHORIZING THE RE-ISSUANCE OF THE
FOURTH AMENDMENT TO THE WASTE DELIVERY AGREEMENT BETWEEN
4 THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN
BERNARDINO.
5
WHEREAS, the City entered into a Waste Delivery Agreement with
6
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
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
13
14 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
15 SECTION 1.That the City Manager is hereby authorized to
i
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
25
26
27
28 `�
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE RE-ISSUANCE OF THE
2 FOURTH AMENDMENT TO THE WASTE DELIVERY AGREEMENT BETWEEN
3 THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN
BERNARDINO.
4
1 HEREBY CERTIFY that the foregoing resolution was duly adopted by
5
6 the Mayor and Common Council of the City of San Bernardino at a
7 meeting thereof, held on the day of
8 2011 by the following vote, to wit:
9
10 Council Members: Aves Nays Abstain Absent
11 MARQUEZ
12 VACANT
13 BRINKER
14
SHORETT
15
KELLEY
16
JOHNSON
17
MCCAMMACK
18
19
Rachel G. Clark, City Clerk
20
21 The foregoing resolution is hereby approved this day of
2011.
22
23
Patrick J. Morris, Mayor
24 City of San Bernardino
25 Approved as to Form:
26 By: 14., '�- ,
27 Ja ws F. Penman, City Attorney
28
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 City of San Bernardino
222 Hospitality Lane, 2nd Floor 300 North D Street
San Bernardino, CA 92415-0017 San Bernardino, CA 92418
Emergency Contact: Emergency Contact:
Gerry Newcombe
Deputy Administrative Officer
(909) 386-8703
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("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.
i
NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and
promises the parties agree as follows:
E
t
1. Amended Section 4.2(B) of the WDA. Section 4.2(B) of the WDA is amended to read:
4
j (B) Calculation of Escalation. For purposes of Section 4.2(A)(ii), the Contract
f Rate shall be adjusted in accordance with the formula described in this Section each
j 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:
I = .7[PPIl/PPI2] + .3[EII/E12]
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
Ell= 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)
E12= 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., 1) 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 thrul5 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)
PPI2= Producer Price Index, Industrial Commodities Commodity Data for
the month of September, 1997
Ell= 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 ID:
Cl U20100000000001 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 materials, as the parties shall mutually agree.
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.
f
/
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/
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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: 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 Bernardino
By:
City Clerk By:
Deputy
APPROVED AS TO FORM: APPROVED AS TO FORM:
CITY ATTORNEY COUNTY COUNSEL SAN BERNARDINO
COUNTY, CALIFORNIA
By: 7l By:
Dater L Z // Date:
EXHIBIT A
CITIES/TOWNS WITH A WASTE DELIVERY AGREEMENT (WDA)
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
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 City of San Bernardino
222 Hospitality Lane, 2nd Floor 300 North D Street
San Bernardino, CA 92415-0017 San Bernardino, CA 92418
Emergency Contact: Emergency Contact:
Gerry Newcombe
Deputy Administrative Officer
(909) 386-8703
rte.
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("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 4.2(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:
I = ,7[PPI,/PPI2)+ .3[EII/E121
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)
PP12= Producer Price Index, Industrial Commodities for the month of
February, 1998
Ell= 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)
E12= 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., 1)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 thrul5 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)
PP12= 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 ID:
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)
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.
C
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
J
/
/
J
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: 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 Bernardino
By:
City Clerk By:
Deputy
APPROVED AS TO FORM: APPROVED AS TO FORM:
CITY ATTORNEY COUNTY COUNSEL SAN BERNARDINO
COUNTY, CALIFORNIA
By: _. By:
Date) '� Z Z /1 Date:
EXHIBIT A
CITIEWOWNS WITH A WASTE DELIVERY AGREEMENT (WDA)
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
14. LOMA LINDA
11. RIALTO
12, SAN BERNARDINO
13, TWENTYNINE PALMS
14. VICTORVILLE
15. YUCAIPA
16. YUCCA VALLEY