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HomeMy WebLinkAbout21-Public Works CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Nadeem Majaj, Director Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the termination of the Third Amendment to the Waste Delivery Agreement between the County of San Bernardino and the City of San Bernardino. Dept: Public Works Date: August 2, 2011 Meeting Date: September 6, 2011 Synopsis of Previous Council Action: 11/19/07 Resolution No. 2007-453 - Mayor and Common Council of the City of San Bernardino authorized the Third Amendment to the Waste Delivery Agreement. 11/17/03 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. 6/02/03 Resolution No. 2003-117 - Mayor and Common Council of the City of San Bernardino authorized the Second Amendment to the Waste Delivery Agreement. 3/04/02 Resolution No. 2002-79 - Mayor and Common Council of the City of San Bernardino authorized the First Amendment to the Waste Delivery Agreement. 12/15/97 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. ~177- Signature Contact person: Nadeem Majaj, Director Supporting data attached: Staff Report, Resolution and Amendment NO.3 Phone: 5140 All Ward: FUNDING REQUIREMENTS: Source: Savings of approx. $210,000 No impact to the General Fund Amount: Finance: Council Notes: Agenda Item No. :;1 t19-~u-.?tJ(1 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 termination of the Third Amendment to the Waste Delivery Agreement (WDA) between the County of San Bernardino and the City of San Bernardino. BACKGROUND: On November 19, 2007, the Mayor and Common Council approved the Third Amendment to the WDA, Resolution 2007-453. This allowed the City of San Bernardino to participate in a Comprehensive Disposal Site Diversion Program (CDSDP) once the program became operational, in July 2008. The City has participated each month since the program's inception. The intent of the program calls for San Bernardino County to perform landfill diversion of loads hauled to the County disposal facilities. This includes City roll-off loads and self- haul material that is brought by individuals and disposed of at the facility. City staff originally estimated that participation in the program would increase the City's diversion rate by 1-3 percent at an estimated annual cost of $69,700. City staff has re-evaluated the program and has determined that the City's participation in the program resulted in minimal impact on the City's overall diversion rate. In addition, participation in the program has cost the City approximately $360,000 annually since the beginning of the program. The City has the option to opt out of the program by providing 60 days written notice to the County. The Integrated Waste Management Division will still meet the minimum 50 percent diversion mandated by the State. Staff recommends that the Third Amendment to the Waste Delivery Agreement be terminated. Staff anticipates terminating the Third Amendment on November 6, 2011, which provides the required 60 days notice. FINANCIAL IMPACT: There is no impact to the General Fund. The Integrated Waste Management Division anticipates approximately $210,000 in prorated savings to the Commercial Dump Waste Fees in FY 2011-12. RECOMMENDATION: Adopt Resolution. 1 2 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE TERMINATION OF THE THIRD 3 AMENDMENT TO THE WASTE DELIVERY AGREEMENT BETWEEN THE 4 COUNTY OF SAN BERNARDINO AND 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 County landfill; and 8 9 (Third Amendment to the WDA). 10 WHEREAS, On November 19, 2007, the City approved Resolution 2007-453 11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 12 13 SECTION 1. That the City Manager is hereby authorized to terminate, on 14 behalf of said City, the Third Amendment to the Waste Delivery Agreement between 15 16 the County and the City of San Bernardino, a copy of which is attached hereto, 17 marked Exhibit "A", and incorporated herein by reference as though fully set forth. 18 III 19 III 20 III 21 22 III 23 III 24 III 25 III 26 III 27 III 28 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE TERMINATION OF THE THIRD 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 , 2011, by the 8 following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ JENKINS BRINKER SHORETT KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this ,2011. day of Patrick J. Morris, Mayor City of San Bernardino Approved as to Form: By: J s F. Penman, City Attorney 08/18/11 (Agreeaent IIdssed execution date) 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. 2007-453 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE THIRD AMENDMENT TO THE WASTE DELIVERY 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: WHEREAS, the City entered into a Waste Delivery Agreement with the County of San Bernardino dated December 16, 1997, which requires the City to utilize the County landfill; and SECTION 1. That the City Manager is hereby authorized to execute on behalf of said City the Third Amendment to the Waste Delivery Agreement between the County and the City of San Bernardino, 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 sixty (60) days of the passage of this resolution. III /1/ /1/ /1/ /1/ 11/ 11/ 11/ 11/ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE THIRD AMENDMENT TO THE WASTE 2 DELIVERY AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO. 3 4 5 Mayor and Common Council of the City of San Bemardino at ajoint regular 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the meeting thereof, held on the day of NnvpmhPT , 2007, by the 19th following vote, to wit: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2f Approved as to Form: 25 By:. ~A>...<. ?,a~ /' 26 Jce~s F. Penman, City Attorney 27 28 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x DERRY x KELLEY x JOHNSON x MCCAMMACK x The foregoing resolution November , 2007. fSQ~..<:1. ~ h ~~~~~ i~erebY approved this J ~ day of , EXHIBIT "A" AMENDMENT NO.3 TO WASTE DELIVERY AGREEMENT On 12/16/97 . the City of San Bemardino ("City") and the County of San Bemardino ("County") entered into a Waste Delivery Agreement (the 'WDA") which is hereby amended as of this _ day of ,200_ ("Amendment No.3). RECITALS A. The County owns, manages and operates a sanitary landfill system for the disposal of municipal solid waste generated in the unincorporated area within the County and which it has made available for the disposal of municipal solid waste generated within the cities located within the County (the "Disposal System"). The Disposal System currently includes ten (10) major facilities: six (6) active landfills and four (4) Transfer Stations. Landfill: Vlctorville Sanitary Landfill Barstow Sanitary Landfill Landers Sanitary Landfill Colton Sanitary Landfill San Timoteo Sanitary Landfill Mid-Valley Sanitary Landfill Transfer Station: Phelan Transfer Station Big Bear Transfer Station Twentynlne Palms Transfer Station Heaps Peak Transfer Station The Disposal System is used for the disposal of municipal solid waste which is not composted, reused. recycled, transfonned or otherwise diverted from landfill disposal, pursuant to the Califomia Integrated Waste Management Act of 1989 (the "Act") [Division 30 of the Califomia Public Resources Code]. B. In 1989 the state passed AB 939 that required all local jurisdictions to divert waste from landfill disposal by fifly percent (50%). The County and the cities have Implemented many programs to achieve this state mandated requirement. Most jurisdictions have achieved diversion in the high forty percent (40%) range; however, they are short of the fifty percent (50%) requirement. Many solid waste customers already have a significant portion of their waste diverted either through curbside recycling programs or at Material Recovery Facilities. However, residential and commercial self-haul customers who take their solid waste to the disposal facilities have limited diversion opportunities. C. The recycling representatives from the County and Cities with Waste Delivery Agreements (WDA) have requested that the County perform diversion of self-haut waste at the disposal facilities. In response to this need, the Solid Waste Management Division (SWMD) has developed a Comprehensive Disposal Site Diversion Program (CDSDP) to divert this waste. The SWMD financed a pilot program at the Victorivlle Landfill and has determined that the program is effective in increasing the diversion of these loads. The program has self-haul vehicles proceed to a load checking station where the potential for diversion is assessed. Loads that appear to have substantial divertable materials are sent to the diversion area for processing. As of November 2006, approximately fifty percent (50%) of the type of loads identified as being eligible for the program are directed to the on-site processing area and approximately fifty percent (50%) of the tonnage processed is diverted. D. The CDSDP, which was recommended by the Local AS 939 Task Force (Solid Waste Advisory Taskforce/SWAT) on October 18, 2006, will expand the existing diversion program to the ten major facilities operated by the County (See Recital A above). The recently completed amendment to the Operations Contract with the Operations Contractor facilitates the implementation of the expansion of the onsite CDSDP throughout the system; specifically requiring such services to be provided by the operator and setting out an agreed upon first year cost for such services of $36.10 per ton of diverted material. E. To finance the CDSDP, an AS 939 Fee will be charged to self-haul customers. Regular trash trucks and transfer trucks will not be charged the fee, because these vehicles deliver waste that has already been subject to a diversion program. Eligible tonnage to be charged the AS 939 Fee is waste brought to the disposal site by self- haulers, commercial (non-franchised and non-permitted haulers), all county and city roll- offs (roll-offs either controlled or hauled by the county/city) and other county and city owned vehicles. Eligible tonnage that will not be charged a fee is waste brought to a disposal site from a community clean-up program, waste brought to a disposal site on a free dump day, and waste picked up by the Operations Contractor for off-site clean-up one-quarter mile around a disposal site. The AS 939 Fee is set at a price sufficient to cover the cost of diversion for both of the proceeding categories of Eligible tonnage. However, Eligible tonnage that is considered to be Controllable Waste of the City within the meaning of this WDA is entitled to be disposed of on payment only of the Contract Rate (pursuant to section 4.1). On the other hand, such tonnage is not entitled to participate in a program such as the CDSDP, pursuant to the provisions of section 3.6. The purpose of this amendment is to authorize the County to charge the AS 939 Fee on Eligible tonnage that is otherwise considered to be Controllable Waste of the City and, at the same time, to allow that such waste be processed in the CDSDP. F. On January g, 2007, the Board of Supervisor's (the .Supervisors") of the County approved the expansion of the CDSDP to the ten (10) major facilities in the County Disposal System, as listed in Recital A above. The Supervisors also approved the AB 939 Fee which will be implemented relative to Eligible tonnage at each disposal site concurrently with the start-up of the CDSDP at the given disposal site. NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and promises the parties agree as follows: 1. Section 3.6. COUNTY PROVISION OF THE WASTE DIVERSION SERVICES shall be amended by adding the following: (D) Comorehensive DisDosal Site Diversion Proaram lCDSDP). Effective with the approval of this Amendment, the City agrees to become a participant in the County's Comprehensive Disposal Site Diversion Program ("CDSDP"). The CDSDP will be funded through the AB 939 Fee. The CDSDP may be expanded, contracted or modified by the County at any time in its sole discretion. The CDSDP will target all self-haul and commercial vehicles, county/city roll-offs, and other county/city owned vehicles bringing waste to the disposal site. A load reviewer will interview drivers and review every load and identify those loads with the potential for diversion. Those loads will be sent to the on-site diversion area for processing. Loads will be dumped at the sorting area where a combination of manual and mechanical means will be used to sort inert waste, fines waste, wood waste, metal waste, green waste and tires. The diverted materials will be stockpiled for additional processing or later use. The operator will regularly quantify the weight of the material diverted. By design, the program can add or delete diverted materials based on a material's "divertability", although the core materials are expected to remain the same. The weight of the diverted materials will be allocated in proportion to the percent of Eligible tons brought in by jurisdiction of origin on a site-by-site basis (1) Eliaible and Ineliaible Tons. The CDSDP classifies all materials coming into a disposal site as Eligible or Ineligible tonnage. Eligible tonnage is waste that is not subject to a recycling program prior to arriving at the disposal site. Ineligible tonnage has been subject to a recycling program or is classified as restricted waste or non-waste material. Eligible tonnage to be charged the AB 939 Fee is waste brought to the disposal site by self-haulers, commercial (non-franchised and non-permitted haulers), all County and city roll-offs and other County and city owned vehicles. Eligible tonnage that will not be charged a fee is waste brought to a disposal site from a community clean-up program, waste brought to a disposal site on a free dump day, and waste picked up by the Operations Contractor for off-site clean-up one-quarter mile around a disposal site Ineligible tonnage is waste from all franchised and permitted waste haulers, including cities with Waste Delivery Agreements that haul their own waste, using a front-, rear-, or side-loading refuse vehicle (packer truck), and waste from a Materials Recovery Facility (MRF) or transfer station including Article 19 and Article 20 waste, and Processed Green Material. Ineligible tonnage also includes cover soil. altemative daily cover, altemative intermediate cover, landfill construction materials, septic and sludge, restricted waste such as animal and fowl carcasses, and declared emergency and disaster debris. (2) Diverted Material Measurement Standards. All measurement standards will be consistent with the State of Califomia disposal reporting regulations. a. Metals: Outgoing metals will be weighed across Solid Waste Management Division ("SWMD") scales with a record of outgoing net weight retained in the SWMD database. The Operations Contractor shall submit weights for all metal materials removed from disposal sites. b. Tires: Outgoing tires will be weighed across SWMD scales with record of outgoing net weight retained in the SWMD database. The Operations Contractor shall submit weights for all tires removed from disposal sites. c. Mixed Recvclables (or seoarated bv we. e.a.. alass, olastic. oaoer. etc.): Outgoing mixed or other separated recyclables will be weighed across SWMD scales, with a record of outgoing net weight retained in the SWMD database. The Operations Contractor shall submit weights for all recyclables removed from disposal sites. d. Wood waste and Processed Wood/Green Material: Following wood waste processing, Processed Wood/Green Material (PGM) will be loaded into site self-loading scraper (fully loaded with PGM only). The Operations Contractor shall maintain a daily log indicating the number of all PGM scraper loads used at each facility each day. The log will include scraper model and identification number used to transport materials. Approximately every 201h load, and a minimum of two loads each day, the PGM will be offloaded from the scraper onto compacted level earthen area. PGM material only will be reloaded into roll-off boxes and weighed at the site SWMD scale in aocordance with vehiclelbox weight procedures. The truck and box numbers used to weigh the sample loads will be recorded in the daily log. The average net weight determined from the sample loads weighed will be the weight used for each load not weighed. The County retains the right to weigh any or all loads of PGM. e. Screened Fines: Following processing, Processed Screened Fines will be loaded into site self-loading scraper (fully loaded with Screened Fines only). The Operations Contractor shall maintain a daily log indicating the number of all Screened Fines scraper loads used at each facility each day. The log will include scraper model and identification number used to transport materials. Approximately every 20th load, and a minimum of two loads each day, the Screened Fines will be offloaded from the scraper onto compacted level earthen area. Screened Fines material only will be reloaded into roll-off boxes and weighed at the site SWMD scale in accordance with vehiclelbox weight procedures. The truck and box numbers used to weigh the sample loads will be recorded in the daily log. The average net weight determined from the sample loads weighed will be the weight used for each load not weighed. The County retains the right to weigh any or all loads of Screened Fines. f. Inerts: Inert stockpiles shall be surveyed monthly. The SWMD will be advised of survey date and time, and may attend the stockpile survey. Stockpile volume information will be provided to the SWMD by the 151h of each month. Average weight or density of material will be determined by the SWMD. This weight or density will be used in determining stockpile tonnage. Weight records will be retained and filed by the SWMD. g. Household Hazardous Waste/Universal Waste (HHW/UW): As waste is sorted out at the diversion area, it is likely that a large volume of HHWIUW will be separated from the waste stream and require processing. The additional costs of ,...~~_~ .. _r^ increased HHWIUW separated by the CDSDP will be paid for from the savings in the recent contract amendment with the landfill Operations Contractor. h. Other Materials: Based on incoming waste stream concentrations, end-use markets availability, regulatory mandates, and recovery costs, other materials may be targeted for diversion by the program. Appropriate measurement procedures will be established to quantify the amount being diverted by jurisdiction of origin. The procedures shall be consistent with state regulations and reporting requirements. i. Measurement Methodology. Measurement methodology may be changed, at the sole discretion of the County, to promote a more effective or efficient method of measurement. The WDA Cities will be notified by the SWMD, in writing, if and when any such change in measurement methodology is made by the County. (3) Record Keeo/no and Reoortino Reauirements. The Operations Contractor will provide SWMD with a monthly report showing materials and quantities diverted for each disposal site. The agency will report the diversion as a reduction in disposal by jurisdiction in the quarterly Disposal Report System (DRS) reports for landfills and transfer stations. (See Methodology of Allocating Diverted Waste to Jurisdictions. below). (4) Methodoloav of Allocatina Diverted Waste to Jurisdictions. a. Diversion Allocation Method. The basis for allocating the diverted material by jurisdiction will be established based on the percent by jurisdiction of the total Eligible tons for the program. 'Percent of tons in by jurisdiction equals the tons out by jurisdiction." The allocation will be done as part of the quarterly DRS report andlor the station summary, and use the same data set. b. Tons Eliaible for the oroaram. All waste, measured in tons, from all customers, with the exceptions as shown below (see Section 3.6. (D) (1) Eligible and Ineligible Tons for more detail): (i) Loads delivered by front-, rear- and side-loader waste trucks operated by a permitted Ifranchised solid waste hauler. (ii) Waste from a permitted MRF or transfer station. (iii) Imported materials including ADC, mulch and construction materials. (iv) Disposal system accounts: off-site clean up, Heaps Peak Transfer, SWM 22 and SWMENG. (v) Waste from a declared emergency or disaster. (vi) Specialized accounts. such as law enforcement. (vii) Restricted wastes. c. Allocation procedures. (i) Parameters: a. The quarterly DRS data set is used. b. The same diversion data (from the site operator) is used. (ii) The County will review operator records/procedures to assure reasonable accuracy. (Hi) Site diversion procedures and methods for quantifying the amounts of diversion are acceptable to applicable regulatory agencies, and are consistent with the DRS regulations. (Iv) The allocation procedure is the same for every site but may vary slightly to allow for site specific conditions/restrictions or operational requirements. d. Calculation of incomino Drooram tonnaoe bv site. (i) Tonnage from Ineligible loads is removed from the DRS data set. (ii) The remaining tonnage is sorted by jurisdiction and is summed by jurisdiction. (iii) Total Eligible tons are calculated. (iv) Each jurisdiction's percent of total Eligible tons is calculated. (v) The result is the basis for allocating the site diversion. e. Site diversion allocation. (i) The site operator keeps records of all types of diversion activities and quantifies, by weight, the type of material and amount diverted. (ii) Using the percentage developed in Number 1 above, the total site diversion is allocated by jurisdiction, with that diversion being shown as a deduction in the jurisdiction's disposal for the site, in the quarterly DRS report detail ("Site Diversion"). (iii) Unallocated diversion will be host assigned. (5) AS 939 FEE. The AS 939 Fee for the first year of the Comprehensive Disposal Site Diversion Program (CDSDP) is $10.00/ton for all Eligible tonnage that is categorized as chargeable. The AS 939 Fee will be adjusted annually to cover the cost of the CDSDP, and that adjusted annual fee will be effective annually on the first day of July, beginning July 1, 2008. The cost of the CDSDP per Eligible ton will fluctuate annually depending upon the amount of diversion per Eligible ton and the cost for each diverted ton. As the diversion per Eligible ton increases, the fee will be increased (as more waste will be diverted and so that, in total, the program will cost more). As the diversion per Eligible ton decreases, the fee will be decreased (as less waste will be diverted and so that, in total, the program will cost less). Likewise, to the extent that the cost of diverting a given ton changes, the cost, in total, of the program will change. Annually, the AB 939 Fee will be adjusted down or up, based upon the cost of the program actually experienced in the prior year. Excess revenues or excess costs will be rolled into the next year's AB 939 Fee calculation. See Exhibit "A" for the calculation of the cost for the first year of the COSOP. The AB 939 Fee is a fee set forth in the County Code and, as such, any adjustment to the annual AB 939 Fee will be subject to the County Board of Supervisor's ("Board") approval through the Annual Fee Ordinance Approval Process. After Board approval, the adjusted AB 939 Fee will become effective on the first day of July, annually. The timeUne associated with the Annual Fee Ordinance Approval Process is subject to change at the sole discretion of the County. The SWMO will provide to the WOA Cities on an annual basis, in writing, a notice of proposed change to the AB 939 Fee. It is anticipated that this annual notice of proposed change will be mailed out to the WOA Cities no later than the end of the month of December, however, that timeline is subject to any changes which the Board may make, at their sole discretion, to the timeline associated with the Annual Fee Ordinance Approval Process. In the event of termination of the City's participation in the CDSDP, the County shall no longer be entitled to charge the AB 939 Fee on Eligible tonnage that is otherwise considered to be Controllable Waste of the City and, at the same time, such waste will no longer be processed in the CDSOP and the City will receive no diversion credits with respect to such waste (but City will receive diversion credit, calculated as provided in this subsection, relative to any Eligible tonnage delivered prior to the date of termination). (6) RESPECTIVE OBLIGATIONS. The County recognizes Its obligation to operate the COSOP, but reserves the right to terminate the CDSDP, at any time, for any reason. If the COSOP were to be terminated, the County agrees to notify the City in writing of such intention to terminate the CDSDP sixty (60) days prior to termination of the COSOP. The City recognizes its obligation to continue its participation in the CDSDP, but reserves the right to terminate its participation in the COSDP, at any time, for any reason. If the City decides to terminate its participation in the COSDP, the City agrees to notify the County in writing of such intention to terminate its participation sixty (60) days prior to termination of its participation in the CDSOP. 2. Section 4.1 of the WDA, entitled "CHARGING AND SECURING PAYMENT OF CONTRACT RATE", is amended by adding a new subparagraph (A), to read: (A) Eligible Tonnage. Notwithstanding the forgoing, in addition to paying the Contract Rate, the City shall pay, and the County is authorized to charge and collect, the AB 939 Fee (as defined in subsection 3.6(0)) on Eligible tonnage (as defined in section 3.6(0)) that is otherwise considered to be Controllable Waste of the City provided that such waste is being disposed of at a disposal facility of the County at which the CDSDP has been implemented. 3. EFFECTIVE DATE. This Amendment shall be effective the date that the latter of the County or City have approved this Amendment. 4. NO OTHER AMENDMENTS. Except as modified in this Amendment No.3 (or in any prior amendment), all other terms and conditions of the WDA 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 I I I I I I I I I I I I IN WITNESS WHEREOF. the parties hereto have executed this Amendment on the day and year set forth below. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO By: By: , Chairman Board of Supervisors Name: Print Name Tille: Dale: Dale: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisonl of the County of San Bernardino. ATTEST: By: By: City Clerk Deputy APPROVAL AS TO FORM: COUNTY COUNSEL SAN BERNARDINO COUNTY, CALIFORNIA By: APPROVED AS TO FORM: CITY ATTORNEY By: Dale: Dale: ATTACHMENT A Page 1 of 2 COMPREHENSIVE DISPOSAL SITE DIVERSION PROGRAM CURRENT AS 939 FEE CALCULATION: The diversion program targets vehicles not subject to a diversion program prior to entering a County disposal facility. This excludes normal trash trucks and transfer trucks. Virtually all other vehicles are subject to the AB 939 Fee. When a vehicle enters a site having a diversion program, no determination of the amount of divertible material can be made since loads must be covered and secured while transporting the waste. Therefore, all vehicles that could have divertible material are charged the AB 939 Fee, even though only a portion of those vehicles will actually have waste processed for recyclables. In 2006, a feasibility study was conducted that estimated 606,733 tons of waste eligible for the diversion program ("Eligible Waste") would be brought into the ten selected sites in the 2007-2008 fiscal year, with 589,521 tons of that waste being subject to the AB 939 Fee. Using the information developed by a pilot program at the San Bemardino Landfill, fifty percent (50%) of the total Eligible Waste arriving at the sites or 303,169 tons (606,733 tons x 50%), is expected to be directed to the processing area and fifty percent (50%), or 157,772 tons (303,176 tons x 50%), of the directed waste is expected to actually be diverted from disposal. In 2006, Amendment #25 to the Operations Contract set the rate to be paid Burrtec for diverting waste at $36.10Idiverted ton, to be adjusted annually at the same rate as the Operations Contract. Thus, the payment expected to be made to Surrtec in the 2007-2008 fiscal year for the diversion program is $5,695,569 (157,772 tons of diverted waste x $36. 1 O/diverted ton). For the SWMD to inspect the operations, monitor data, and prepare reports an overhead cost of $200,574 is expected to be incurred. This overhead amount is added to the contractor payment to arrive at the total 2007-2008 fiscal year program cost of $5,896,143 ($5,695,569 + $200,574). To determine the AS 939 Fee for the 2007-2008 fiscal year, the total program cost is divided by the amount of chargeable tons resulting in the current rate of $10.00Iton ($5.896.143 1589,521 tons). As explained below, for future year AS 939 Fee calculations actual cost carry-over expenses will be added to, or actual revenue carry-over surpluses will be subtracted from, the fiscal year's cost. Therefore, the 2007-2008 fiscal year cost carry-over, or revenue carry-over, will be applied to the 2009-2010 fiscal year cost. FUTURE AS 939 FEE CALCULATIONS: The CDSDP is an actual cost program. Future AB 939 Fee calculations will be based on the following formula: ATTACHMENT A Page 2 of 2 Estimated diverted tons x Adjusted contractor payment per ton = contractor's payment. Contractor's payment + Estimated overhead cost = fiscal year's cost Fiscal year's cost + Actual prior year cost carry-over. or - Actual prior year revenue carry-over = Estimated program cost. Estimated program cost /Estimated chargeable tons = revised AS 939 Fee. Example #1: calculated with an actual prior year cost carry-over Estimated diverted tons increase 3% (157,772 x 1.03 = 162,505) Adjusted contractor payment per ton increase 1 % ($36.10 x 1.01 = $36.46) Estimated overhead cost decrease 15% ($200,574 x 0.85 = $170,488) Actual carry-over cost = $74,500 Estimated chargeable tons increase 5% (589,521 x 1.05 = 618,997) Calculation 162,505 x $36.46 = $5,924,932 contractor's payment $5,924,932 + $170,488 = $6.095,420 fiscal year's cost $6,095,420 + $74,500 = $6,169.920 estimated program cost $6,169,920/618,997 = $9.97I1on revised AS 939 Fee Example #2: calculated with an actual prior year revenue carry-over Estimated diverted tons increase 3% (157,772 x 1.03 = 162,505) Adjusted contractor payment per ton increase 1 % ($36.10 x 1.01 = $36.46) Estimated overhead cost decrease 15% ($200,574 x 0.85 = $170,488) Actual prior year carry-over revenue surplus = $74,500 Estimated chargeable tons increase 5% (589,521 x 1.05 = 618,997) Calculation 162,505 x $36.46 = $5.924,932 contractor's payment $5,924,932 + $170,488 = $6,095,420 fiscal year's cost $6,095,420 - $74,500 = $6,020,920 estimated program cost $6,020,920/618,997 = $9.73I1on revised AS 939 Fee ATTACHMENT B Page 1 of 1 COMPREHENSIVE DISPOSAL SITE DIVERSION PROGRAM CITY OF SAN BERNARDINO Without the City of San Bemardino's participation, the CDSDP is expected to produce 38,307 Eligible Tons from self-haul customers from San Bemardino resulting in a diversion credit to San Bemardino of 9,960 tons at a cost to the self-haul customers of $372,362. With the City of San Bemardino's participation, the CDSDP is expected to produce an additional 42,133 Eligible Tons from roll-offs and City owned vehicles resulting in an additional diversion credit to San Bemardino of 10,955 tons at an additional cost of $409,632. Included in the $409,632, is out-of-pocket City expenses of $69,500 for City owned vehicles. Therefore, with the City of San Bemardino's participation, the CDSDP is expected to produce a total of 80,440 Eligible Tons and a total diversion credit to San Bemardino of 20,915 tons. Total self-haul and roll-off customer cost is expected to be $ 712,495 and out-of-pocket City expense is expected to be $69,500. Please note that all calculations for the City of San Bemardino are from tonnages prior to the implementation of the Colton Transfer Station, and do not include any impact resulting from the use of the transfer station. Page 1 of2 'dor_Ma o?tt:Jt>7- 45..:5 From: Lewis_Li Sent: Tuesday, January 15, 2008 3:23 PM To: Fedor_Ma Cc: Medina_Sa Subject: RE: Agreements: 3 & 4 County of San Bernardino Thanks Margaret that is what I explained in detail to Mr. Greswit. Lisa Lisa D. Lewis Executive Assistant to the Director City of San Bernardino Public Services Department 300 North "D" Street, 4th Floor San Bernardino. CA 92410 Ph. (009) 384.5140 Fax (909) 384.5100 Lewis Lif<it'dx:ltv.on!' -----Original Message----- From: Fedor_Ma Sent: Tuesday, January 15, 20083:14 PM To: Lewis_U Cc: Medina_Sa Subject: RE: Agreements: 3 & 4 County of San Bernardino Hi Lisa, It the Third Amendment to the Waste Delivery Agreement is not executed by January 18,2007 deadline, it will become null and void and have to be resubmitted to the Mayor and Common Council. Margaret ----Original Message---- From: Lewis_Li Sent: Tuesday, January 15, 2008 2:12 PM To: Fedor_Ma Subject: Agreements: 3 & 4 County of San Bernardino Importance: High Margaret, The County of San Bernardino returned my call. I spoke with John Greswit, 386-9033 he said he was just handed both agreements right before he called me. The 3rd Amendment to the Agreement will not meet the 1-18-08 deadline, it will go to the Board on 1-29-08. The 4th Amendment to the Agreement should meet the deadline, it goes to the Board on 1- 29-08. It seems the doc's ended up on several peoples desk and they didn't know what to do with them, John received them today and is preparing the items for approval by the Board. I told John I would e-mail you the information and see where we go from here. 1/15/2008 Page 20f2 Please advise Thanks Lisa Lisa D. Lewis Executive Assistant to the Director ._----~---_.-.---_._---------------- City of San Bernardino Public Services Department 300 North -nn Street, 4th Floor San Bernardino, CA 92410 Ph. (909) 384-5140 Fax (909) 384-5190 ~I,j(Q}g~itv.o:t2 1/1,1")(\nO ..~,...~.._." ...--,.... .._--_.._._,,-~._,.-.._----,-_._,..,,-~-'-_..~._-_._--,..,..~, ...~.. _.-._.-._---,._.~~-_._.._-._~~_.. --'~'...'-' -. --,~. .._---, -",~"-' .-----. .. _~"._.__~_~__..__.__,__..____...__.'_.~_____.__..,,~_._',__,;,_""_~,,,'''_____''''~~'_4_'__''.''_' ~'__"~"__"__'_._._~~'_'_ ,_ WASTE DELIVERY AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO, CALIFORNIA AND THE CITY SAN BERNARDINO DATED _,__,___,,_,_,_ ___.m...~'. __''''.~_.~.___._..~~_.._~..~.., '.._._'." ,....~..~_r....__._._._....._ n'" ___..._.._____,,....~___._._._~, ..'.,.~__.".....,..R..____r_~~.~'~_.,~. __R____~___._.__.____'___~_.R.._.___"_ __..~..._~_._._..___._,___.__~____._.. ___..~.__._.R______ County Authorization Date: City Authorization Date: County Notice Address: City Notice Address: Solid Waste Management Division 222 W. Hospitality Lane. 2nd Floor San Bernardino, CA 92415-0017 Emergency Contact: Emergency Contact: Peter H. Wulfman Division Manager 909-386-8701 EXHIBIT "A" AMENDMENT NO.3 TO WASTE DELIVERY AGREEMENT On , the City of San Bernardino ("City") and the County of San Bernardino ("County") entered into a Waste Delivery Agreement (the "WDA") which is hereby amended as of this _ day of , 200_ ("Amendment No.3). RECITALS A. The County owns, manages and operates a sanitary landfill system for the disposal of municipal solid waste generated in the unincorporated area within the County and which it has made available for the disposal of municipal solid waste generated within the cities located within the County (the "Disposal System"). The Disposal System currently includes ten (10) major facilities: six (6) active landfills and four (4) Transfer Stations. Landfill: Victorville Sanitary Landfill Barstow Sanitary Landfill Landers Sanitary Landfill Colton Sanitary Landfill San Timoteo Sanitary Landfill Mid-Valley Sanitary Landfill Transfer Station: Phelan Transfer Station Big Bear Transfer Station Twentynine Palms Transfer Station Heaps Peak Transfer Station The Disposal System is used for the disposal of municipal solid waste which is not composted, reused, recycled, transformed or otherwise diverted from landfill disposal, pursuant to the California Integrated Waste Management Act of 1989 (the "Act") [Division 30 of the California Public Resources Code]. B. In 1989 the state passed AB 939 that required all local jurisdictions to divert waste from landfill disposal by fifty percent (50%). The County and the cities have implemented many programs to achieve this state mandated requirement. Most jurisdictions have achieved diversion in the high forty percent (40%) range; however, they are short of the fifty percent (50%) requirement. Many solid waste customers already have a significant portion of their waste diverted either through curbside recycling programs or at Material Recovery Facilities. However, residential and commercial self-haul customers who take their solid waste to the disposal facilities have limited diversion opportunities. C. The recycling representatives from the County and Cities with Waste Delivery Agreements (WDA) have requested that the County perform diversion of self-haul waste at the disposal facilities. In response to this need, the Solid Waste Management Division (SWMD) has developed a Comprehensive Disposal Site Diversion Program (CDSDP) to divert this waste. The SWMD financed a pilot program at the Victorivlle Page 1 of9 Landfill and has detennined that the program is effective in increasing the diversion of these loads. The program has self-haul vehicles proceed to a load checking station where the potential for diversion is assessed. Loads that appear to have substantial divertable materials are sent to the diversion area for processing. As of November 2006, approximately fifty percent (50%) of the type of loads identified as being eligible for the program are directed to the on-site processing area and approximately fifty percent (50%) of the tonnage processed is diverted. D. The CDSDP, which was recommended by the Local AS 939 Task Force (Solid Waste Advisory Taskforce/SWAT) on October 18, 2006, will expand the existing diversion program to the ten major facilities operated by the County (See Recital A above). The recently completed amendment to the Operations Contract with the Operations Contractor facilitates the implementation of the expansion of the onsite CDSDP throughout the system: specifically requiring such services to be provided by the operator and setting out an agreed upon first year cost for such services of $36.10 per ton of diverted material. E. To finance the CDSDP, an AS 939 Fee will be charged to self-haul customers. Regular trash trucks and transfer trucks will not be charged the fee, because these vehicles deliver waste that has already been subject to a diversion program. Eligible tonnage to be charged the AS 939 Fee is waste brought to the disposal site by self- haulers, commercial (non-franchised and non-permitted haulers), all county and city roll- offs (roll-offs either controlled or hauled by the county/city) and other county and city owned vehicles. Eligible tonnage that will not be charged a fee is waste brought to a disposal site from a community clean-up program, waste brought to a disposal site on a free dump day, and waste picked up by the Operations Contractor for off-site clean-up one-quarter mile around a disposal site. The AS 939 Fee is set at a price sufficient to cover the cost of diversion for both of the proceeding categories of Eligible tonnage. However, Eligible tonnage that is considered to be Controllable Waste of the City within the meaning of this WDA is entitled to be disposed of on payment only of the Contract Rate (pursuant to section 4.1). On the other hand, such tonnage is not entitled to participate in a program such as the CDSDP, pursuant to the provisions of section 3.6. The purpose of this amendment is to authorize the County to charge the AS 939 Fee on Eligible tonnage that is otherwise considered to be Controllable Waste of the City and, at the same time, to allow that such waste be processed in the CDSDP. F. On January 9, 2007, the Board of Supervisor's (the "Supervisors") of the County approved the expansion of the CDSDP to the ten (10) major facilities in the County Disposal System, as listed in Recital A above. The Supervisors also approved the AS 939 Fee which will be implemented relative to Eligible tonnage at each disposal site concurrently with the start-up of the CDSDP at the given disposal site. NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and promises the parties agree as follows: 1. Section 3.6. COUNTY PROVISION OF THE WASTE DIVERSION SERVICES shall be amended by adding the following: Page 2 of 9 (D) Comprehensive Disposal Site Diversion Proaram (CDSDP). Effective with the approval of this Amendment, the City agrees to become a participant in the County's Comprehensive Disposal Site Diversion Program ("CDSDP"). The CDSDP will be funded through the AS 939 Fee. The CDSDP may be expanded, contracted or modified by the County at any time in its sole discretion. The CDSDP will target all self-haul and commercial vehicles, county/city roll-offs, and other county/city owned vehicles bringing waste to the disposal site. A load reviewer will interview drivers and review every load and identify those loads with the potential for diversion. Those loads will be sent to the on-site diversion area for processing. Loads will be dumped at the sorting area where a combination of manual and mechanical means will be used to sort inert waste, fines waste, wood waste, metal waste, green waste and tires. The diverted materials will be stockpiled for additional processing or later use. The operator will regularly quantify the weight of the material diverted. By design, the program can add or delete diverted materials based on a material's "divertability", although the core materials are expected to remain the same. The weight of the diverted materials will be allocated in proportion to the percent of Eligible tons brought in by jurisdiction of origin on a site-by-site basis (1) Eliaible and Ineliaible Tons. The CDSDP classifies all materials coming into a disposal site as Eligible or Ineligible tonnage. Eligible tonnage is waste that is not subject to a recycling program prior to arriving at the disposal site. Ineligible tonnage has been subject to a recycling program or is classified as restricted waste or non-waste material. Eligible tonnage to be charged the AS 939 Fee is waste brought to the disposal site by self-haulers, commercial (non-franchised and non-permitted haulers), all County and city roll-offs and other County and city owned vehicles. Eligible tonnage that will not be charged a fee is waste brought to a disposal site from a community clean-up program. waste brought to a disposal site on a free dump day, and waste picked up by the Operations Contractor for off-site clean-up one-quarter mile around a disposal site Ineligible tonnage is waste from all franchised and permitted waste haulers, including cities with Waste Delivery Agreements that haul their own waste, using a front-, rear-, or side-loading refuse vehicle (packer truck), and waste from a Materials Recovery Facility (MRF) or transfer station including Article 19 and Article 20 waste, and Processed Green Material. Ineligible tonnage also includes cover soil, alternative daily cover, alternative intermediate cover, landfill construction materials, septic and sludge, restricted waste such as animal and fowl carcasses, and declared emergency and disaster debris. (2) Diverted Material Measurement Standards. All measurement standards will be consistent with the State of CalifOrnia disposal reporting regulations. a. Metals: Outgoing metals will be weighed across Solid Waste Management Division ("SWMD") scales with a record of outgoing net weight retained in PaQe 3 of 9 the SWMD database. The Operations Contractor shall submit weights for all metal materials removed from disposal sites. b. Tires: Outgoing tires will be weighed across SWMD scales with record of outgoing net weight retained in the SWMD database. The Operations Contractor shall submit weights for all tires removed from disposal sites. c. Mixed Recvclables (or seoarated bv tvoe. e.O.. alass, olastic. oaoer. etc.): Outgoing mixed or other separated recyclables will be weighed across SWMD scales, with a record of outgoing net weight retained in the SWMD database. The Operations Contractor shall submit weights for all recyclables removed from disposal sites. d. Wood waste and Processed Wood/Green Material: Following wood waste processing, Processed Wood/Green Material (PGM) will be loaded into site self-loading scraper (fully loaded with PGM only). The Operations Contractor shall maintain a daily log indicating the number of all PGM scraper loads used at each facility each day. The log will include scraper model and identification number used to transport materials. Approximately every 20th load, and a minimum of two loads each day, the PGM will be offloaded from the scraper onto compacted level earthen area. PGM material only will be reloaded into roll-off boxes and weighed at the site SWMD scale in accordance with vehicle/box weight procedures. The truck and box numbers used to weigh the sample loads will be recorded in the daily log. The average net weight determined from the sample loads weighed will be the weight used for each load not weighed. The County retains the right to weigh any or all loads of PGM. e. Screened Fines: Following processing, Processed Screened Fines will be loaded into site self-loading scraper (fully loaded with Screened Fines only). The Operations Contractor shall maintain a daily log indicating the number of all Screened Fines scraper loads used at each facility each day. The log will include scraper model and identification number used to transport materials. Approximately every 20th load, and a minimum of two loads each day, the Screened Fines will be offloaded from the scraper onto compacted level earthen area. Screened Fines material only will be reloaded into roll-off boxes and weighed at the site SWMD scale in accordance with vehicle/box weight procedures. The truck and box numbers used to weigh the sample loads will be recorded in the daily log. The average net weight determined from the sample loads weighed will be the weight used for each load not weighed. The County retains the right to weigh any or all loads of Screened Fines. f. Inerts: Inert stockpiles shall be surveyed monthly. The SWMD will be advised of survey date and time, and may attend the stockpile survey. Stockpile volume information will be provided to the SWMD by the 15th of each month. Average weight or density of material will be determined by the SWMD. This weight or density will be used in determining stockpile tonnage. Weight records will be retained and filed by the SWMD. g. Household Hazardous Waste/Universal Waste (HHW/UW): As waste is sorted out at the diversion area. it is likely that a large volume of HHW/UW will be separated from the waste stream and require processing. The additional costs of Page 4 of 9 increased HHW/UW separated by the CDSDP will be paid for from the savings in the recent contract amendment with the landfill Operations Contractor. h. Other Materials: Based on incoming waste stream concentrations, end-use markets availability, regulatory mandates, and recovery costs, other materials may be targeted for diversion by the program. Appropriate measurement procedures will be established to quantify the amount being diverted by jurisdiction of origin. The procedures shall be consistent with state regulations and reporting requirements. i. Measurement Methodology. Measurement methodology may be changed, at the sole discretion of the County, to promote a more effective or efficient method of measurement. The WDA Cities will be notified by the SWMD, in writing, if and when any such change in measurement methodology is made by the County. (3) Record Keeping and Reporting Reauirements. The Operations Contractor will provide SWMD with a monthly report showing materials and quantities diverted for each disposal site. The agency will report the diversion as a reduction in disposal by jurisdiction in the quarterly Disposal Report System (DRS) reports for landfills and transfer stations. (See Methodology of Allocating Diverted Waste to Jurisdictions, below). (4) Methodoloav of Allocating Diverted Waste to Jurisdictions. a. Diversion Allocation Method. The basis for allocating the diverted material by jurisdiction will be established based on the percent by jurisdiction of the total Eligible tons for the program. 'Percent of tons in by jurisdiction equals the tons out by jurisdiction." The allocation will be done as part of the quarterly DRS report and/or the station summary, and use the same data set. b. Tons Eliaible for the proaram. All waste, measured in tons, from all customers, with the exceptions as shown below (see Section 3.6. (D) (1) Eligible and Ineligible Tons for more detail): (I) Loads delivered by front-, rear- and side-loader waste trucks operated by a penmilted /franchised solid waste hauler. (iI) Waste from a penmilted MRF or transfer station. (iii) Imported materials including ADC, mulch and construction materials. (iv) Disposal system accounts: off-site clean up, Heaps Peak Transfer, SWM 22 and SWMENG. (v) Waste from a declared emergency or disaster. (vi) Specialized accounts, such as law enforcement. (vii) Restricted wastes. c. Allocation procedures. (I) Parameters: a. The quarterly DRS data set is used. Pace 5 of 9 given ton changes, the cost, in total, of the program will change. Annually, the AB 939 Fee will be adjusted down or up, based upon the cost of the program actually experienced in the prior year. Excess revenues or excess costs will be rolled into the next year's AB 939 Fee calculation. See Exhibit "A" for the calculation of the cost for the first year of the CDSDP. The AB 939 Fee is a fee set forth in the County Code and, as such, any adjustment to the annual AB 939 Fee will be subject to the County Board of Supervisor's ("Board") approval through the Annual Fee Ordinance Approval Process. After Board approval, the adjusted AB 939 Fee will become effective on the first day of July, annually. The time line associated with the Annual Fee Ordinance Approval Process is subject to change at the sole discretion of the County. The SWMD will provide to the WDA Cities on an annual basis, in writing, a notice of proposed change to the AS 939 Fee. It is anticipated that this annual notice of proposed change will be mailed out to the WDA Cities no later than the end of the month of December, however, that timeline is subject to any changes which the Board may make, at their sole discretion, to the timeline associated with the Annual Fee Ordinance Approval Process. In the event of termination of the City's participation in the CDSDP, the County shall no longer be entitled to charge the AB 939 Fee on Eligible tonnage that is otherwise considered to be Controllable Waste of the City and, at the same time, such waste will no longer be processed in the CDSDP and the City will receive no diversion credits with respect to such waste (but City will receive diversion credit, calculated as provided in this subsection, relative to any Eligible tonnage delivered prior to the date of termination ). (6) RESPECTIVE OBLIGATIONS. The County recognizes its obligation to operate the CDSDP, but reserves the right to terminate the CDSDP, at any time, for any reason. If the CDSDP were to be terminated, the County agrees to notify the City in writing of such intention to terminate the CDSDP sixty (60) days prior to termination of the CDSDP. The City recognizes its obligation to continue its participation in the CDSDP, but reserves the right to terminate its participation in the CDSDP, at any time, for any reason. If the City decides to terminate its participation in the CDSDP, the City agrees to notify the County in writing of such intention to terminate its participation sixty (60) days prior to termination of its participation in the CDSDP. 2. Section 4.1 of the WDA, entitled "CHARGING AND SECURING PAYMENT OF CONTRACT RATE", is amended by adding a new subparagraph (A), to read: (A) Eligible Tonnage. Notwithstanding the forgoing, in addition to paying the Contract Rate, the City shall pay, and the County is authorized to charge and collect, the AB 939 Fee (as defined in subsection 3.6(D)) on Eligible tonnage (as defined in section 3.6(D)) that is otherwise considered to be Controllable Waste of the City provided that such waste is being disposed of at a disposal facility of the County at which the CDSDP has been implemented. 3. EFFECTIVE DATE. This Amendment shall be effective the date that the latter of the County or City have approved this Amendment. Page 7 of 9 4. NO OTHER AMENDMENTS. Except as modified in this Amendment NO.3 (or in any prior amendment), all other terms and conditions of the WDA 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 I I I I I I I I I I I I IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day and year set forth below. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO By: By: , Chairman Board of Supervisors Name: Print Name Title: Date: Date: SIGNED AND CERTIFIED THAT A COpy OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors of the County of San Bernardino. ATTEST: By: By: City Clerk Deputy APPROVAL AS TO FORM: COUNTY COUNSEL SAN BERNARDINO COUNTY, CALIFORNIA By: APPROVED AS TO FORM: CITY ATTORNEY By: Date: Date: Paae 9 of 9 ATTACHMENT A Page 1 of 2 COMPREHENSIVE DISPOSAL SITE DIVERSION PROGRAM CURRENT AS 939 FEE CALCULATION: The diversion program targets vehicles not subject to a diversion program prior to entering a County disposal facility. This excludes normal trash trucks and transfer trucks. Virtually all other vehicles are subject to the AB 939 Fee. When a vehicle enters a site having a diversion program, no determination of the amount of divertible material can be made since loads must be covered and secured while transporting the waste. Therefore, all vehicles that could have divertible material are charged the AB 939 Fee, even though only a portion of those vehicles will actually have waste processed for recyclables. In 2006, a feasibility study was conducted that estimated 606,733 tons of waste eligible for the diversion program ("Eligible Waste") would be brought into the ten selected sites in the 2007-2008 fiscal year, with 589,521 tons of that waste being subject to the AB 939 Fee. Using the information developed by a pilot program at the San Bernardino Landfill, fifty percent (50%) of the total Eligible Waste arriving at the sites or 303,169 tons (606,733 tons x 50%), is expected to be directed to the processing area and fifty percent (50%), or 157,772 tons (303,176 tons x 50%), of the directed waste is expected to actually be diverted from disposal. In 2006, Amendment #25 to the Operations Contract set the rate to be paid Burrtec for diverting waste at $36.10/diverted ton, to be adjusted annually at the same rate as the Operations Contract. Thus, the payment expected to be made to Bumec in the 2007-2008 fiscal year for the diversion program is $5,695,569 (157,772 tons of diverted waste x $36.10/diverted ton). For the SWMD to inspect the operations, monitor data, and prepare reports an overhead cost of $200,574 is expected to be incurred. This overhead amount is added to the contractor payment to arrive at the total 2007-2008 fiscal year program cost of $5,896,143 ($5,695,569 + $200,574). To determine the AB 939 Fee for the 2007-2008 fiscal year, the total program cost is divided by the amount of chargeable tons resulting in the current rate of $10.00/ton ($5,896,143 /589,521 tons). As explained below, for future year AB 939 Fee calculations actual cost carry-over expenses will be added to, or actual revenue carry-over surpluses will be subtracted from, the fiscal year's cost. Therefore, the 2007-2008 fiscal year cost carry-over, or revenue carry-over, will be applied to the 2009-2010 fiscal year cost. FUTURE AS 939 FEE CALCULATIONS: The CDSDP is an actual cost program. Future AB 939 Fee calculations will be based on the following formula: ATTACHMENT A Page 2 of 2 Estimated diverted tons x Adjusted contractor payment per ton = contractor's payment. Contractor's payment + Estimated overhead cost = fiscal year's cost Fiscal year's cost + Actual prior year cost cany-over, or - Actual prior year revenue cany-over = Estimated program cost. Estimated program cost /Estimated chargeable tons = revised AS 939 Fee. Example #1: calculated with an actual prior year cost carry-over Estimated diverted tons increase 3% (157,772 x 1.03 = 162,505) Adjusted contractor payment per ton increase 1% ($36.10 x 1.01 = $36.46) Estimated overhead cost decrease 15% ($200,574 x 0.85 = $170,488) Actual carry-over cost = $74,500 Estimated chargeable tons increase 5% (589,521 x 1.05 = 618,997) Calculation 162,505 x $36.46 = $5,924,932 contractor's payment $5,924,932 + $170,488 = $6,095,420 fiscal year's cost $6,095,420 + $74,500 = $6,169,920 estimated program cost $6,169,920/618,997 = $9.97/ton revised AS 939 Fee Example #2: calculated with an actual prior year revenue cany-over Estimated diverted tons increase 3% (157,772 x 1.03 = 162,505) Adjusted contractor payment per ton increase 1 % ($36.10 x 1.01 = $36.46) Estimated overhead cost decrease 15% ($200,574 x 0.85 = $170,488) Actual prior year cany-over revenue surplus = $74,500 Estimated chargeable tons increase 5% (589,521 x 1.05 = 618,997) Calculation 162,505 x $36.46 = $5,924,932 contractor's payment $5,924,932 + $170,488 = $6,095,420 fiscal year's cost $6,095,420 - $74,500 = $6,020,920 estimated program cost $6,020,920/618,997 = $9.73/ton revised AS 939 Fee ATTACHMENT B Page 1 of 1 COMPREHENSIVE DISPOSAL SITE DIVERSION PROGRAM CITY OF SAN BERNARDINO Without the City of San Bernardino's participation, the CDSDP is expected to produce 38,307 Eligible Tons from self-haul customers from San Bernardino resulting in a diversion credit to San Bernardino of 9,960 tons at a cost to the self-haul customers of $372,362. With the City of San Bernardino's participation, the CDSDP is expected to produce an additional 42,133 Eligible Tons from roll-offs and City owned vehicles resulting in an additional diversion credit to San Bernardino of 10,955 tons at an additional cost of $409,632. Included in the $409,632, is out-of-pocket City expenses of $69,500 for City owned vehicles. Therefore, with the City of San Bernardino's participation, the CDSDP is expected to produce a total of 80,440 Eligible Tons and a total diversion credit to San Bernardino of 20,915 tons. Total self-haul and roll-off customer cost is expected to be $ 712,495 and out-of-pocket City expense is expected to be $69,500. Please note that all calculations for the City of San Bernardino are from tonnages prior to the implementation of the Colton Transfer Station, and do not include any impact resulting from the use of the transfer station.