San Bernardino County Waste Management-2022-24 THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
i
Contract Number
98-107-A-9
SAN BERNARD1N0
COUNTY SAP Number
4400010751
PubliC Works - Solid Waste
Management Division
Department Contract Representative Darren J. Meeka, Depu4.Director
Telephone Number (909) 387-4701
Contractor City of Grand Terrace
Contractor Representative Konrad Bolowich, City:Manager_
Telephone Number (909)'824-6621 x240
Contract Term :2/24/1998—6l30/2026
Original Contract Amount -Various
Amendment Amount _ -
Total Contract Amount
Cost'Center 6700004250
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..
Amendment No. 8 extended 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.
This Amendment No. 9 will cap the WDA Contract Rate in order to maintain a 15% buffer between the WDA
Contract Rate and the County's posted gate rate.
FOR COUNTY-USE ONLY
Approved as r C
to Legal Form Reviewed foontr Compliance Reviewed/App ved by Department
IIN-
Jolena: " Deputy county Counsel -- AndyMao,P.E. nn Brend Biggs,Director
Da w Xaa/o�®�• Date 2 Date (9
Revised 3/14/19
Non-Standard Contract Coveisheet
AMENDMENT NO. 9 TO THE
WASTE DISPOSAL AGREEMENT NO. 98-107
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. Amendment No. 8 reset the WDA Contract Rate and extended the term for five (5)years to
June 30, 2026.
B. In connection with the ongoing administration of the WDA, the parties have determined it is now in their
best interests to cap the WDA Contract Rate in order to maintain a 15% buffer between the WDA Contract
Rate and the County's posted gate rate.
C. This change will assist both the City and the County in planning for future fiscal years' budgeting of solid
waste disposal services and costs by putting a mechanism in place for the future to prevent compaction
with the County's posted gate rate.
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, 2022, the Contract Rate payable by
each Franchise Hauler shall be $40.75 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). In no case will the calculation of escalation exceed 85% of the County approved
general public gate rate (currently $59.94 minus the current CDSDP recycling fee of
$12.00), as such fees may be amended.
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[PP[1/PP12] +.3[E1l/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)
PP12 = 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.
In no case will the adjustment to the Contract Rate exceed 85% of the County's approved general public
gate rate (without the current CDSDP recycling fee of $12.00), as such fees may be amended. For
example, the current County's posted gate rate is $47.94($59.94 minus the $12 CDSDP fee). Therefore,
the WDA Contract Rate cannot be more than 85% of that rate, which is $40.75. However, if the County
adjusts its posted gate rate in any future year of the term of the WDA, the WDA Contract Rate will be
adjusted according to the above calculation formula, including the renewal discount adjustment of$0.82
per ton, up to the maximum of 85% of the newly posted gate rate. If the calculated annual adjustment of
any year would exceed the 85%, then the capped maximum amount of 85% will be used. If, however,
the posted gate rate does not change, and the WDA Contract Rate is already at the capped 85% amount,
the WDA Contract Rate will remain the same for the calculated fiscal year. Any decrease in the calculated
adjustment to the Contract Rate, calculated according to the above formula, including the renewal
discount adjustment, will be applied to the then WDA Contract Rate.
Please note that, due to timing, in future years where the gate rate is recommended to be
increased, the WDA rate notification letter may be delayed until final approval of the gate rate by the
Board of Supervisors.
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 5.2 CITY CONVENIENCE TERMINATION. This section is amended in its entirety to
read:
SECTION 5.2. CITY CONVENIENCE TERMINATION. In exchange for capping the WDA Contract
Rate, the City agrees to commit to remaining a WDA City, with no provision to terminate without cause,
for the remainder of the WDA Term.
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. 9 (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, 2022. In all events, the conditions in the forgoing sentence shall
occur otherwise this Amendment No. 9 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. Except as modified in this Amendment (or in any prior Amendment(s)) all other terms and conditions of
the WDA shall remain in full force and effect.
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.
SAN BERNARDINO COUNTY City of Grand Terrace
(Print or type name of corporation,company,contractor,etc.)
B �
Y
,&��rd of upervisors (Authorized signature-sign in blue ink)
Dawn M. Rowe Yti OVAi Y
Dated: AIN 2 g M,- Name KoA-)&A-A�- I0[d L&1 C'H
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN O Title TLj A Aj
O� S ti ell (Print or Type
and of Supervisors
o County
Qj couxr
By y uek ►,�, Dated: o"1Da 2-
Dep
y c-1 Address 22795 Barton Road
Ott' Grand Terrace, CA 92313
4Idd96tia�'�
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
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 JUNE 2022
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
1
r^
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 28, 2022
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 cap the Waste Disposal Agreement Contract Rate in order to prevent
compaction between the Contract Rate and the County's posted gate rate, effective July 1, 2022
through June 30, 2026.
1. City of Adelanto; Amendment No. 5 to Waste Disposal Agreement No. 04-321
2. Town of Apple Valley, Amendment No. 8 to Waste Disposal Agreement No. 98-48-
3. City of Barstow, Amendment No. 8 to Waste Disposal Agreement No. 98-590
4. City of Big Bear Lake, Amendment No. 8 to Waste Disposal Agreement No. 98-744
5. City of Colton, Amendment No. 8 to Waste Disposal Agreement No. 98-302
6. City of Fontana, Amendment No. 8 to Waste Disposal Agreement No. 98-106
7. City of Grand Terrace, AmendmeritYNo:94ta Waste DisposaF�Agreement-N.o. 98-107
8. City of Hesperia, Amendment No. 8 to Waste Disposal Agreement N 98=959
9. City of Highland, Amendment-,No. 8 to Waste Disposal Agreement No. 01-735
10. City of Loma Linda, Amendment No. 8 to Waste Disposal Agreement No. 98-745
11. City of Rialto, Amendment No. 8 to Waste Disposal Agreement No. 97.-1043
12. City of Twentynine Palms, Amendment No. 8 to Waste Disposal Agreement No. 98-642
13. City of Victorville, Amendment No. 7 to Waste Disposal Agreement No. 97-1052
14. City of Yucaipa, Amendment No. 8 to Waste Disposal Agreement No. 98-679
15. Town of Yucca Valley, Amendment No. 8 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
funded by fee revenue. SWMD establishes fees that are charged to the public and other
agencies for utilization of the County's Waste Disposal System.
The proposed amendment would cap the Waste Disposal Agreement (WDA) rate so that it
cannot exceed 85% of-the current approved general public gate rate., Currently, the general
public gate rate, without the Comprehensive Disposal Site Diversion Program (CDSDP)
Item 68
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Amendments to Revenue Generating Waste Disposal Agreements
June 28, 2022
recycling fee of $12.00, is $47.94 per ton. Thus, the WDA rate would be capped at $40.75. If
approved, the amendment would reduce the current 2022-23 WDA rate of $43.41 to $40.75,
effective July 1, 2022, reducing revenue by approximately $1.8 million. Annual Cost of Living
Adjustments (COLA) are applied to the WDA rate throughout the term of the WDA. The
anticipated revenue has been included in SWMD's 2022-23 budget and estimated future
revenue will be reflected in future recommended budgets.
BACKGROUND INFORMATION
The proposed amendments to the WDAs (Amendments) will cap the WDA Contract Rate so that
it cannot exceed 85% of the County's approved general public gate rate (minus the CDSDP fee)
for the remainder of the term of the WDAs, which currently expire on June 30, 2026, while
guaranteeing that all of the waste, is delivered to the County's Disposal System.
The WDAs were originally 15-year agreements with 16 cities and towns within San Bernardino
County 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 16Jcities 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
not to extend its WDA. On December 18, 2012 (Item.No. 62), the_Board approved extending the
end date .of 1-4 WDAs to June 30, 2016, under the same terms and conditions. The City of
Adelanto's WDA expired on 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. On June
22,. 2021 (Item No. 62), the Board approved extending the term of the agreements to June 30,
2026, and reset the WDA Contract Rate to $38.00 per ton, adjusted annually according to the
agreements.
As a result of concerns raised by some of the WDA cities/towns regarding their calculated rate
for 2022-23 resulting in an increase of 14%, SWMD and the County Administrative Office
evaluated the rate methodology and financial needs of the County's Waste Disposal System to
determine whether an adjustment was possible. An analysis of the WDA rate compared to the
gate rate (the rate paid by the general public at the landfill) since the inception of the WDAs
showed an average difference of approximately 15%. The proposed amendment addresses the
current rate and puts a mechanism in place for the future to prevent compaction with the
standard gate rate paid by the general public at the landfills by capping the WDA rate so that it
cannot exceed 85% of the standard gate rate paid by the public (minus the CDSDP recycling
fee). In exchange for capping the rate, the WDA cities/towns agree to commit to remaining a
WDA city/town, with no provision to terminate without cause, for the remainder of the WDA
term. This amendment would reduce the calculated 2022-23 WDA rate of $43.41 per ton to
$40.75 per ton due to the cap. If the County adjusts the standard rate gate rate in any future
year of the term of the WDA, the WDA rate will be adjusted according to the agreement, up to a
maximum of 85% of the newly posted gate rate.
All of the cities, except Grand Terrace and Big Bear Lake, have approved the WDA amendment.
The WDA amendment is scheduled to be considered by the City of Grand Terrace at its City
Council meeting scheduled for June 28, 2022 at 6:00 p.m. and the City of Big Bear Lake is
scheduled on June 29, 2022. Should any revisions be requested to the WDA amendment by
Grand Terrace and/or Big Bear Lake, SWMD will return to the Board to present the revised
amendment for approval.
Item 68
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Amendments to Revenue Generating Waste.Disposal Agreements
June 28, 2022
These recommended actions support the goals and objectives of the County and Chief
Executive Office 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/towns to the
County's Waste Disposal System.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jolena Grider, Deputy County Counsel, 387-
5455) on June 6, 2022; Finance (Carl Lofton, Administrative Analyst, 387-5404) on June 10,
2022; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive
Officer, 387-5423) on June 14, 2022.
Item 68
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Amendments to Revenue Generating Waste Disposal Agreements
June 28, 2022
Record of Action of the Board of Supervisors
San Bernardino County
APPROVED (CONSENT CALENDAR)
Moved: Janice Rutherford Seconded: Col. Paul Cook (Ret.)
Ayes: Col. Paul Cook (Ret.), Janice Rutherford, Dawn Rowe, Joe Baca, Jr.
Absent: Curt Hagman
Lynna Monell, CLERK OF THE BOARD
BY 3n
DATED: Aldne 28, 20 2
i.\IIL'Nti hNf111(1
NO.
cc: PW/SWM- Meeka w/agree
QC t actor=rC/O~Pj,W/SWM,wrgree
il';k/agree-
LA 07/13/2022
Item 68
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