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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