County of San Bernardino-2021-19 r
AMENDMENT NO. 8 TO THE
WASTE DISPOSAL AGREEMENT
On February 24, 1998, the City of Grand Terrace ("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. The parties have previously entered into the following amendments to the WDA. Amendment No. 1 to
the WDA was to correct the designated disposal facilities for the City.Amendment No. 2 was to implement
the"Article 19 Solid Waste" component of the County's waste management system and define the City's
share of that revenue. Amendment No. 3 was to increase the annual maximum limits of"Article 19 Solid
Waste" in the County landfill system. Amendment No. 4 allowed the County to charge the fee of$10.00
per ton (prorated) for identified controllable waste of the City (e.g., roll off container trucks and other
County/City vehicles such as pickups and dump trucks) and have such waste subject to being processed
in the recycling program. Amendment No. 5 allowed the County to calculate the annual cost of living
adjustment earlier in the calendar year. Amendment No. 6 extended the end date of the WDA to June
30, 2016. Amendment No. 7 extended the term of the WDA to June 30, 2021, applied an annual fixed
WDA renewal discount adjustment of$0.82 per ton for the term of the WDA, and allowed the County to
enter into agreements to accept in-County waste from non-WDA users of the Disposal System at a rate
lower than the WDA Contract Rate in exchange for sharing the net revenue generated from those
agreements.
B. In connection with the ongoing administration of the WDA, the parties have determined it is now in their
best interests to change the termination date to June 30, 2026.
C. This change in the termination date will assist both the City and the County in planning for future fiscal
years' budgeting of solid waste disposal services and costs.
D. The parties have determined it is in their best interests to reset the WDA Contract Rate to$38.00 per ton,
effective July 1, 2021, adjusted annually according to the WDA.
NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and promises the
Parties agree as follows:
1. Amended Section 4.2 CONTRACT RATE. (A) Generally. This section is amended in its entirety to read:
SECTION 4.2. CONTRACT RATE. (A) Generally. Effective July 1, 2021, the Contract Rate payable by
each Franchise Hauler shall be $38.00 per ton, subject to potential adjustment necessary to reflect the
circumstances set forth below:
(i) increased costs incurred by the County (in excess of available insurance proceeds) due
to the occurrence of one or more Uncontrollable Circumstances, including Changes in
Law; and
(ii) escalation during the Term of this Agreement calculated in accordance with Section
4.2(B).
Prior to adjusting the Contract Rate as a result of any of the circumstances described in Section
4.2(A)(i),the County shall utilize the following remedy: reduce the costs of operating the Disposal System
to the extent practicable.
Any adjustments to the Contract Rate permitted by Section 4.2(A)(i) shall be calculated by the
County to reflect the actual costs or expenses of addressing the circumstance or circumstances pursuant
to which the adjustment is authorized, and shall also reflect, where applicable, the then remaining
capacity in the Disposal System. Such adjustment may not reflect circumstances other than the
circumstances described in Section 4.2(A)(i).
2. Amended Section 4.2. CONTRACT RATE. (B) Calculation of Escalation. This section is amended in its
entirety to read:
SECTION 4.2. CONTRACT RATE. (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, 2022. 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 = $27.13
Index = Price Index, which shall be determined in accordance with the following formula:
= .7[PPI1/PPI2] +.3[EI1/E12]
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
thru 15 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
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.
Effective July 1, 2022, and each July 1 thereafter during the term of the Agreement, the Contract Rate
adjustment will be calculated as provided above, except that an annual fixed WDA renewal discount
adjustment of$0.82 per ton will be applied after the annual Cost of Living Adjustment(COLA)adjustment.
If at any time either the Employment Cost Index or the Producer Price Index is no longer
published, or are otherwise unavailable, then the COLA shall be determined by using standard official
statistics measuring changes to, respectively, labor costs and cost of materials, as the parties shall
mutually agree.
3. Amended Section 6.1 EFFECTIVE DATE AND TERM. (A) Term. This section is amended in its entirety
to read:
SECTION 6.1. EFFECTIVE DATE AND TERM. (A)Term.This Agreement shall become effective,
shall be in full force and effect and shall be legally binding upon the City and the County from the Contract
Date and shall continue in full force and effect until June 30,2026, unless earlier terminated in accordance
with its terms.
4. Effective Date.This Amendment shall be effective if and only when all fifteen cities/towns listed on Exhibit
A have each adopted and executed a counterpart of this Amendment No. 8 (the amendment number
may differ for each city/town listed on Exhibit A) and such amendment has been adopted and executed
by the County on or before June 30, 2021. In all events, the conditions in the forgoing sentence shall
occur otherwise this Amendment No. 8 shall be null and void and without any effect whatsoever.
5. This Amendment may be executed in any number of counterparts, each of which so executed shall be
deemed to be an original, and such counterparts shall together constitute one and the same
Amendment. The parties shall be entitled to sign and transmit an electronic-signature of this
Amendment(whether by facsimile, PDF or other email transmission), which signature shall be binding
on the party whose name is contained therein. Each party providing an electronic signature agrees to
promptly execute and deliver to the other party an original signed Amendment upon request.
6. 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.
/
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.
COUNTY OF SAN BERNARDINO
City of Grand Terrace
(Print or type name of corporation,c pany,contractor,etc.)
1► By
Curt Hagman, Chairman, Board of Supervisors ( on d i n e-sign in blue ink)
Dated: Name Darcy McNaboe
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Mayor
Lynna Monell (Print or Type)
Clerk of the Board of Supervisors
of the County of San Bernardino
By Dated: Tune 10,2021
Deputy
Address 22795 Barton Road
Grand Terrace, CA 92313
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
O
Jolena Grider,Deputy County Counsel Andy Silao,P.E. Brendon Biggs,Director
Date Date Date
EXHIBIT A
CITIES/TOWNS WITH A WASTE DELIVERY AGREEMENT
WITH THE COUNTY OF SAN BERNARDINO
OFFERED THIS AMENDMENT JUNE2021
FOR AN AGREEMENT END DATE OF JUNE 30, 2026
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. TWENTYNINE PALMS
13. VICTORVILLE
14. YUCAIPA
15. YUCCA VALLEY
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO.
AND RECORD OF ACTION
June 22, 2021
FROM
BRENDON- BIGGS, Director,,Department of Public Works—Solid Waste Management
SUBJECT .
Amendments to Revenue Generating Waste.Disposal Agreements
RECOMMENDATION(S)
Approve amendments .to the revenue generating Waste Disposal Agreements for 15 cities and
towns listed below to extend the end date of the Agreements five years to June 30, 2026 and to
reset the Contract Rate to;$38.00 per ton, effective July 1, 2021, adjusted annually according to
the agreements:
1. City of-Adelanto, Amendment No. 4 to Waste Disposal Agreement No. 04.321
2. Town'of Apple Valley, Amendment No. 7 to Waste Disposal Agreement No.98-48
3. City of Barstow, Amendment No. 7 to Waste Disposal Agreement No. 98-590
4.. City of Big Bear Lake, Amendment No. 7 to Waste Disposal Agreement No. 98-744
5. City of Colton,.Amendment No. 7 to.Waste Disposal Agreement No. 98-302
6. City of Fontana, Amendment No. 7 to Waste.Disposal Agreement No. 98-105
7. City of Grand Terrace, #'me drxent7o:8 to Waste Disposal�►cLreement No 98-W
8. City of-Hesperia,Amendment No. 7 to Waste Disposal Agreement No. 98=959
9. City of.Highland, Amendment No, 7 to Waste Disposal.Agreement No. 01-735
10. City of Loma Linda, Amendment No. 7 to Waste Disposal Agreement No. 98-745
11. City of Rialto, Amendment No. 7 to Waste Disposal Agreement No. 97-1043 -
1-2. City of Twentynine Palms, Amendment No.7 to Waste Disposal Agreement No. 98-642
13. City of Victorville;Amendment No. 6 to Waste Disposal Agreement No. 97-1052
14. City of Yucaipa, Amendment No. 7 to Waste Disposal Agreement No. 98-679
15.Town,of Yucca Valley, Amendment No.7 to Waste Disposal Agreement No. 98-288
(Presenter: Brendon Biggs, Director, 387-7906). .
COUNTY AND CHIEF'EXECUTIVE OFFICER-GOALS &OBJECTIVES
Operate in a•Fiscally-Responsible and Business-Like Manner.
Pursue County Goals and Objectives by Working with.Other Agencies.
FINANCIAL IMPACT
Approval of this item will not result in the use.of Discretionary General Funding (Net County
Cost) as the Department of Public Works-.Solid Waste Management,Division (SWMD) is
D financed. by fee revenue. SWM establishes fees that are charged to the public_and other
agencies for:utilization of the County's Waste Disposal System.
The current Waste Disposal Agreements (WDAs) Contract Rate is $39.12. per. ton. The
proposed amendments will reset the Contract Rate to $38.00 per ton..Annual Cost of Living;
'Adjustments (COLA)are applied to the WDA Contract Rates throughout the term of the WDAs.
While the, Contract Rate is less.than the full cost recovery _rate, the agreements.ensure a
Item.62
Page 1 of 3' .
Amendments to Revenue Generating Waste Disposal Agreements y.
June 22, 2021
continued funding stream to cover the fixed and variable costs associated with these WDAs, as
well as a portion of the capital expenditure costs of maintaining the County's Waste Disposal
System. The revenue'the County receives from imported tonnage from the County's Waste
Disposal System Operations contractor helps offset the loss of revenue associated with the
lower WDA Contract rate while ensuring the WDA Cities/Towns' waste remains in.the Disposal
System and will not be exported outside of the County.The anticipated reduction in revenue has
been included in SWMD's 2021-22 budget and estimated future revenue will be reflected in
future recommended budgets. `
BACKGROUND INFORMATION
The proposed amendments to the WDAs (Amendments) will extend the end date of the WDAs
for 15 cities and towns to June 30, 2026, requiring the cities and towns to deliver all of their
controllable waste to the County's Disposal.System, while also resetting the WDA Contract Rate
to $38.00 per ton, effective July 1, 2021, and adjusted annually according to the agreements.
The WDAs were originally 15-year"agreements with 16 cities and towns within the County of
San Bernardino that obligated the cities and towns to deliver their controllable waste to the
County's. Disposal System in exchange for a reduced contract rate for disposal at a designated
disposal facility for each city and town. In 1997, the Board.of Supervisors (Board) approved the
first WDAs with the Cities of Rialto, San Bernardino, and Victorville. Over the following.years, a
total of 16 cities and towns entered into WDAs, with Adelanto being the last city to sign in 2004.
In December 2012, the City of San Bernardino's WDA expired and their City Council took action
to not extend its WDA. On December 18, 2012 (Item No. 62), the Board approved extending the
end date of 14 WDAs to June 30, 2016, under the same terms and conditions. The City of .
Adelanto's WDA did not expire until April 26, 2019. On June 14, 2016 (Item No. 93), the Board
approved extending the WDAs for all of the WDA cities and towns to June 30, 2021.-Upon
approval-of these Amendments, the expiration date of the WDAs will•be June 30, 2026.
In anticipation of the upcoming expiration of the WDAs, SWMD began working with the WDA
city and .town•managers to negotiate an acceptable extension to ensure the continued waste
stream from the WDA cities and towns to the County's Waste Disposal System. The ,result of
the process is the proposed extension to June 30, 2026 that is being presented for the Board's
consideration. All of the cities, except Rialto, have approved the WDA agreement, The WDA
agreement is scheduled to be considered by the City of Rialto at its City Council meeting
scheduled for June 22, 2021 at 6:30 p.m.
This recommended action supports the goals and objectives of the County and Chief Executive
Officer by operating in a fiscally-responsible and business-like manner and-working with other
agencies by ensuring the continued:waste stream from-the WDA cities to the County's waste
disposal system through June 30, 2026.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jolena Grider, Deputy County Counsel, 387-
5455) on May 18, 2021; Finance (Jessica Trillo, Administrative Analyst,.387-4222) on June 2,
2021;- and..County Finance and Administration (Matthew ,Erickson,, County Chief Financial
Officer, 387-5423)on June 6, 2021.
Item 62
Page 2 of 3
Amendments to Revenue Generating Waste Disposal Agreements
June 22, 2021
Record of Action of the Board of Supervisors
County of San Bernardino
APPROVED (CONSENT CALENDAR)
Moved: Joe Baca, Jr. Seconded: Dawn Rowe
Ayes: Col. Paul Cook (Ret.), Janice Rutherford, Dawn Rowe, Curt Hagman, Joe Baca, Jr.
Lynna Monell, CLERK OF THE BOARD
BY K�7 etfr�rxLgL
DATED: A Une 22, 20 1
¢rov-SS UP figEr
cc: PW/SWM- Meeka w/agree
Cow actor-C/QP_1N/.S.V1LM aivla ree
File-w/agree .
LA 06/29/2021
Item 62
Page 3 of 3
t THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Contract Number
98-107 A-8
SAN BERNARDINO
COUNTY SAP Number
4400010751
Public Works - Solid Waste
Management Division
Department Contract Representative Darren J. Meeka, Deputy Director
Telephone Number (909) 387-4701
Contractor City of Grand Terrace
Contractor Representative Harold Duffey, City Manager
Telephone Number (909) 824-6621 x240
Contract Term 2/24/1998 —6/30/2026
Original Contract Amount Various
Amendment Amount
Total Contract Amount
Cost Center 6700004250
CONTRACT 98-107, AMENDMENT NO. 8
WASTE DISPOSAL AGREEMENT WITH CITY OF GRAND TERRACE
Briefly describe the general nature of the contract: The Waste Disposal Agreement(WDA) that
is the subject of this amendment is an agreement between the County and the City of Grand
Terrace for use of the County landfill system. Amendment No. 1 corrected the designated disposal
facilities for the City of Grand Terrace. Amendment No. 2 was to implement the "Article 19 Solid
Waste"component of the County's waste management system and define the City's share of that .
revenue. Amendment No. 3 was to increase the annual maximum limits of"Article 19 Solid Waste"
in the County landfill system. Amendment No. 4 allowed the County to charge the fee of$10.00
per ton(prorated)for identified controllable waste of the City(e.g., roll off container trucks and other
County/City vehicles such as pickups and dump trucks) and have such waste subject to, being
processed in the recycling program. Amendment No. 5 allowed the County to calculate the annual
cost of living adjustment earlier in the calendar year. Amendment No. 6 extended the end date of
the WDA to June 30, 2016. Amendment No. 7 allowed the Parties to extend the end date of the
WDA to.June 30, 2021, apply an annual fixed WDA renewal discount adjustment of$0.82 per ton
for the term of the WDA, and allow the County to enter into agreements to accept in-County waste
from non-WDA users of the Disposal System at a rate lower than the WDA Contract Rate in
exchange for the sharing of the net revenue generated from those agreements.
This Amendment No. 8 will extend the end date of the WDA to June 30, 2026 and reset the WDA
Contract Rate to$38.00 per ton, effective July 1, 2021.
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Appro by Dep rtment
SEE ATTACHED 0- � 0-
Jolena Grider,Deputy County Counsel ARdy Silao,P.E. 4/ Brendon Biggs,Director fj
Date Date
v/ o/ Date
Non-Standard Contract Coversheet \ Revised 3/14/19
THE INFORMATION IN THIS.BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
V� Contract Number
�_ 98-107.A=8 . .
SAN BET1V 1RTN�ATRJANOO
r
CO V ._ 1 SAP Number
4400010761 .
Public Works Solid Waste
iVlanagement Division
Department Contract Representative Darren J. Meeka, Deputy Director _
Telephone Number (90.9) 387.4701. l __
Contractor City of Grand-Terrace
.
.Contractor Representative Harold Duffey, City.Manager _ _ _
Telephone Number. .(909)L 824-6621 x240
Contract Term 2/24/1998,-6/30/2026
Original-Contract Amount Various T -
Amendment:Amount
Total Contract Amount
Cost Center. : 6700004250 . -
CONTRACT.984071 AMENDMENT NO:8
WASTE DISPOSAL AGREEMENT WITH CITY OF GRAND TERRACE
Briefly describe the general nature of the contract: The Waste Disposal Agreement(WDA)that
is the subject.of this-amendment is an agreement between the; 'County and the City of Grand
Terrace for use of the County landfill system.Amendment No. 1 corrected the designated disposai
facilities for e City of Grand Terrace. Amendment No. 2 t as. 6 impleme'nt.the' "Article 19 Solid-
Waste"component of the County'§waste management system and define the Cify's share of that
revenue.Amendment No. 3 was to increase the,annual maximum limits.of"Article 19 Solid Waste"
in-the County landfill system. Amendment No.-4 allowed the County to charge the fee.of$10:00
per ton(prorated)for identified controllable waste of the City'(e:g;roll off container trucks and other.
County/City vehicles such. as pickups.and.dump trucks) and have such waste subject to being
processed in the recycling program:Amendment.No.-5 allowed the County to calculate the annual
cost of living'adjustment earlier in the..calendar year. Amendment No. 6 extended the end date,of
the WDA to June 30, 2016. Amendment No: 7,allowed the Parties to extend the end date of the
WDA to June 30, 2021, apply an annual.hxed WDA renewal discount adjustment of$0.82 per ton
for the term of the.WDA, and allow the Go_unty to enter into agreements to.accept in-County waste
from-non-WDA users of the Disposal System.at a rate lower,than 'the WDA Contract Rate in
exchange for the,sharing of the net revenue generated from those agreements.
This Amendment No. 8.will extend the end date of the WDA16 June 30, 2026 and reset the WDA
Contract Rate to$38:00 per ton,.effective.July 1,.2022. .
FOR COUNTY USE ONLY
Approved as to Legal Form.,. Reviewed for Contract Compliance Reviewed/Approved by Department'
� n
Jnieneputy County Counsel Andy'Silao,P.E. Brendon Biggs,Director .
D Data
Date
Non-Standard Contract Coverslieet Revised,3114/19
AMENDMENT NO. 8 TO THE
WASTE DISPOSAL AGREEMENT
On February 24, 1998, the City of Grand Terrace ("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. The parties have previously entered into the following amendments to the WDA. Amendment No. 1 to
the WDA was to correct the designated disposal facilities for the City.Amendment No.2 was to implement
the"Article 19 Solid Waste" component of the County's waste management system and define the City's
share of that revenue. Amendment No. 3 was to increase the annual maximum limits of"Article 19 Solid
Waste" in the County landfill system. Amendment No. 4 allowed the County to charge the fee of$10.00
per ton (prorated) for identified controllable waste of the City (e.g., roll off container trucks and other
County/City vehicles such as pickups and dump trucks) and have such waste subject to being processed
in the recycling program. Amendment No. 5 allowed the County to calculate the annual cost of living
adjustment earlier in the calendar year. Amendment No. 6 extended the end date of the WDA to June
30, 2016. Amendment No. 7 extended the term of the WDA to June 30, 2021, applied an annual fixed
WDA renewal discount adjustment of$0.82 per ton for the term of the WDA; and allowed the County to
enter into agreements to accept in-County waste from non-WDA users of the Disposal System at a rate
lower than the WDA Contract Rate in exchange for sharing the net revenue generated from those
agreements.
B. In connection with the ongoing administration of the WDA, the parties have determined it is now in their
best interests to change the termination date to June 30, 2026.
C. This change in the termination date will assist both the City and the County in planning for future fiscal
years' budgeting of solid waste disposal services and costs.
D. The parties have determined it is in their best interests to reset the WDA Contract Rate to$38.00 per ton,
effective July 1, 2021, adjusted annually according to the WDA.
NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and promises the
Parties agree as follows:
1. Amended Section 4.2 CONTRACT RATE. (A) Generally. This section is amended in its entirety to read:
SECTION 4.2. CONTRACT RATE. (A) Generally. Effective July 1, 2021, the Contract Rate payable by
each Franchise Hauler shall be $38.00 per ton, subject to potential adjustment necessary to reflect the
circumstances set forth below:
(i) increased costs incurred by the County (in excess of available insurance proceeds) due
to the occurrence of one or more Uncontrollable Circumstances, including Changes in
Law; and
(ii) escalation during the Term of this Agreement calculated in accordance with Section
4.2(B).
Prior to adjusting the Contract Rate as a result of any of the circumstances described in Section
4.2(A)(i),the County shall utilize the following remedy: reduce the costs of operating the Disposal System
to the extent practicable.
Any adjustments to the Contract Rate permitted by Section 4.2(A)(i) shall be calculated by the
County to reflect the actual costs or expenses of addressing the circumstance or circumstances pursuant
to which the adjustment is authorized, and shall also reflect, where applicable, the then remaining
capacity in the Disposal System. Such adjustment may not reflect circumstances other than the
circumstances described in Section 4.2(A)(i).
2. Amended Section 4.2. CONTRACT RATE. (B) Calculation of Escalation. This section is amended in its
entirety to read:
SECTION 4.2. CONTRACT RATE. (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, 2022. 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 = $27.13
Index = Price Index, which shall be determined in accordance with the following formula:
I = .7[PPI,/PPI2] +.3[EI,/El2]
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
thru 15 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)
PPIz = 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:
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.
Effective July 1, 2022, and each July 1 thereafter during the term of the Agreement, the Contract Rate
adjustment will be calculated as provided above, except that an annual fixed WDA renewal discount
adjustment of$0.82 per ton will be applied after the annual Cost of Living Adjustment(COLA)adjustment.
If at any time either the Employment Cost Index or the Producer Price Index is no longer
published, or are otherwise unavailable, then the COLA shall be determined by using standard official
statistics measuring changes to, respectively, labor costs and cost of materials, as the parties shall
mutually agree.
3. Amended Section 6.1 EFFECTIVE DATE AND TERM. (A) Term. This section is amended in its entirety
to read:
SECTION 6.1. EFFECTIVE DATE AND TERM. (A)Term.This Agreement shall become effective,
shall be in full force and effect and shall be legally binding upon the City and the County from the Contract
Date and shall continue in full force and effect until June 30,2026, unless earlier terminated in accordance
with its terms.
4. Effective Date.This Amendment shall be effective if and only when all fifteen cities/towns listed on Exhibit
A have each adopted and executed a counterpart of this Amendment No. 8 (the amendment number
may differ for each city/town listed on Exhibit A) and such amendment has been adopted and executed
by the County on or before June 30, 2021. In all events, the conditions in the forgoing sentence shall
occur otherwise this Amendment No. 8 shall be null and void and without any effect whatsoever.
5. This Amendment may be executed in any number of counterparts, each of which so executed shall be
deemed to be an original, and such counterparts shall together constitute one and the same
Amendment. The parties shall be entitled to sign and transmit an electronic signature of this
Amendment (whether by facsimile, PDF or other email transmission), which signature shall be binding
on the party whose name is contained therein. Each party providing an electronic signature agrees to
promptly execute and deliver to the other party an original signed Amendment upon request.
6. 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.
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.
COUNTY OF SAN BERNARDINO City of Grand Ter ace
(Print or type name of corporatio ,company,contractor,etc.)
z4slx BY 0.
Curt Hagman, hairman, r of Supervisor Au signature-sign in blue ink)
Dated: �N 2 2 2021 Name Darcy McNaboe
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF TH S Title Mayor
' O�RHn (Print or Type)
l-•
pervisors
my o nardino
By f Dated:
U
CP 1 u Address 22795 Barton Road
�3� Grand Terrace, CA 92313
�gRDINO LO
Approved as to Legal Form Reviewed for Contract Compli Reviewed/Approved by Department
SEE ATTACHED
Jolena Grider,Deputy County Counsel dy Silao,P.E Brend ig irector
Date Date �� Date
IN WITNESS WHEREOF,the parties have caused this Amendment to be executed by their duly authorized officers
or representatives as of the day and year first above written.
COUNTY OF SAN BERNARDINO City of Grand-Terrace
(Print or type name of corporation,company,contractor,etc.)
► By
Curt Hagman, Chairman, Board of Supervisors (Authorized signature-sign in blue into)
Dated: Name
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell (Print of Type)
Clerk of the Board of Supervisors
of the County of San Bernardino
By Dated:
Deputy
Address 22795 Barton Road
Grand Terrace, CA 92313
Approved as to Legal Form _ ._ Reviewed for Contract Compliance Reviewed/Approved by Department
Jolena:Gr%_r,Deputy County Counsel Andy Silao,P.E. Brendon Biggs,Director
�te ) 1 l2 / Date Date
EXHIBIT A
CITIES/TOWNS WITH A WASTE DELIVERY AGREEMENT
WITH THE COUNTY OF SAN BERNARDINO
OFFERED THIS AMENDMENT JUNE 2021
FOR AN AGREEMENT END DATE OF JUNE 30, 2026
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. TWENTYNINE PALMS
13. VICTORVILLE
14. YUCAIPA
15. YUCCA VALLEY