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HomeMy WebLinkAbout27-Public Services c 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. c Recommended Motion: Adopt Resolution ~ " 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 c c c 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. .- \- c c 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 7 8 9 10 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. III III III III II! I:J - 3-0 '7 ;Uo. d7 .- i___ c c 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 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 ;...-.. \........ WASTE DELIVERY AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO, CALIFORNIA AND THE CITY OF SAN BERNARDINO DATED DECEMBER 16,1997 r- '- 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 c EXHIBIT "A" .- \........ c c 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] #308662 - '-...... c c #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) 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. c c 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. 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. 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 #308662 c 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: c #308662 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. c 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 c Enclosures as noted -- - I \~ WASTE DELIVERY AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO, CALIFORNIA AND THE CITY OF SAN BERNARDINO DATED DECEMBER 16,1997 c 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 c ,,- ~ c c 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 #308662 ~ \....- c c #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. I.,"--~,- c c c #308662 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. 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 ,,- \...-. 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 '" ~ If!,~ Date: ~ 2. ~ 2.ruJ7 By: Date: c #308662