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Home My WebLink About2012-67 RESOLUTION 2012-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY .OF GRAND TERRACE, CALIFORNIA, ADOPTING AMENDMENT NO. 6, TO THE WASTE .DISPOSAL AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF GRAND TERRACE. RECITALS WHEREAS, on February 24, 1998 the City of Grand Terrace ("City") and the County of San Bernardino ("County") entered into a Waste Disposal Agreement ("WDA"); and WHEREAS, in April 2012, fifteen (15) WDA cities met and determined it was in their best interest to change the termination date of the Agreement to expire on June 30, 2016; and WHEREAS, on July 13, 2012 the County of San Bernardino provided Amendment No.6 (Attached) to the City for approval; and WHEREAS, in connection with the on-going administration of the WDA, the Parties have determined it is in their best interest to change the termination date of the Agreement to end on June 30, 2016; and �1 WHEREAS, 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; and WHEREAS,-the City of San Bernardino's WDA shall terminate on December 16, 2012 at 11:59 p.m. and the solid waste from the City of San Bernardino will not be deposited in the Colton Sanitary Landfill for a term of this extension: and WHEREAS, due to the aforementioned termination of the City of San Bernardino's WDA, it has been estimated by the County that the Colton Sanitary Landfill will have sufficient landfill capacity to operate for an additional eighteen to twenty—four months. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace, State of California, hereby approves Amendment No.6 of the Waste Disposal Agreement between the County of San Bernardino, and the City of Grand Terrace as attached hereto. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 11th day of December, 2012. Mayor of the-City of Grand Terrace and of the City Council thereof. ATTEST: City Clerk of he Uy of Grand T ce I TRACEY R. MARTINEZ, CITY CLERK of the City of Grand .Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 11th day of December, 2012 by the following vote: AYES: Councilmembers McNaboe, Robles and Mitchell; Mayor Pro Tern Sandoval and Mayor Stanckiewitz NOES: None ABSENT: None ABSTAIN: None � �Jt= ( 261, E Tracey R rtin z, City,( APPROVED AS TO FORM City Attorney i FOR COUNTY USE ONLY New FAS Vendor Code Dept. Contract Number �O°;�� Change Cancel SC SWM 97-1052 A-6 ePro Vendor Number ePro Contract Number County Department Dept. Orgn. Contractor's License No. DPW/Solid Waste Management Division SWM SWM County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Gerry Newcombe (909)387-7906 VARIOUS FAS Contract Type ® Revenue ll Encumbered M Unencumbered Other: CONTRACT TRANSMITTAL If not encumbered or revenue contract type,provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 02/24/1998 06/30/2016 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount EAA SWM SWM 9700 None Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount i i Project Name Estimated Payment Total by Fisca Year Amendment No.6 to the Waste FY Amount I/D FY Amount I/D nicnncal Anrppmpnt Fxtpnrts Anrppmpnt Fnrt nntp _ M R/An/1 R CONTRACTOR City of Grand Terrace F' �ral ID No. or Social Security No. Contractors Representative Betsy M.Adams, City Manager Address 22795 Barton Road, Grand Terrace, CA 92324 Phone (909) 783-7629 �f Nature of.Contract: (Briefly describe the general terms of the contract).- .The Waste Disposal Agreement that is the subject of this amendment is a fffeen year 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 implemented 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 increased the annual maximum lirnilf's��of YArticle 19 Solid MOW' in the County landfill system. Amendment No. 4 allowed the County to charge,the fee of$10.00 per, on (�' ro-rated)-fortIdentified controllable waste of the City (e.g., roll off container tru,�cks�anther County/CJty vehicles fSUchaas,pidk-ups and dump trucks) and have such waste subject to beingproces`sed in the recycling program: Amendment No. 5 allowed the County to calculate the annual cost of-livmg�a*'djustment earlier in the calendar year 1 The purpose of this Amendment No. 6 is to allow-the-Parties to�eztend the end date of the Waste Disposal Agreement to June 30, 2016. 0v�. (Attach this transmittal to all contracts not prepareel onhe "Standard Contract"form.) Approved as to Legal Form(sign in blue ink) Reviewed as to Contract Compliance Presented to BOS for Signature lb- Do- IN- County Counsel Department Head f '- Date Date 1 Auditor-Controllerlrreasurerlrax Collector Use Onl 0 Contract Database ❑FAS Input Date Keyed By Revised 03/22/2012 i WASTE DISPOSAL AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO, CALIFORNIA AND THE CITY OF GRAND TERRACE DATED: February 24, 1998 County Authorization Date: City Authorization Date: December 11, 2012 1 County Notice Address: City Notice Address: Solid Waste Management Division City of Grand Terrace 222 Hospitality Lane, 2"d Floor 22796 Barton Road San Bernardino, CA 92415-0017 Grand Terrace, CA 92324 Emergency Contact: Emergency Contact: Arthur L. Rivera Betsy M. Adams Division Manager City Manager (909) 386-8703 (909) 824-6621 X226 AMENDMENT NO. 6 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. In connection with the on-going administration of the WDA, the Parties have determined it is now in their best interests to change the termination date to June 30, 2016, B. 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. C. The City of San Bernardino's WDA shall terminate on December 16, 2012 at 11:59 and the solid waste from the City of San Bernardino will not be deposited in the Colton Sanitary Landfill for a term of this extension: and D. Due to the aforementioned termination of the City of San Bernardino's WDA, it has been estimated by the County that the Colton Sanitary Landfill will have sufficient landfill capacity to operate for an additional eighteen to twenty-four months. NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and promises the Parties agree as follows: 1. Amended ARTICLE VI TERM 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, 2016 unless earlier terminated in accordance with its terms. 2. Effective Date. This Amendment shall be effective if and only when all fourteen cities listed on Exhibit "A" have each adopted and executed a counterpart of this Amendment No. 6 (the amendment number may differ for each city listed on Exhibit "A") on or,before October 31, 2012 and such amendment has been adopted and executed by the County on or before December 18, 2012. In all events, the conditions in the forgoing sentence shall occur otherwise this Amendment No. 6 shall be null and void and without any effect whatsoever. 3. 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. f / IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written. CITY OF GRAND T RRACE By: Name: k&I is RAF K1 Wi )2 Print Name Title: M A%'D K Date: Psc 13 , 2812 ATTEST: B . " - Clerk QS APPROVED AS TO FORM: CITY ATTORNEY By: Date: COUNTY OF SAN BERNARDINO By: Deputy By: Chairman, Board of Supervisors Date: APPROVED AS TO FORM: COUNTY COUNSEL SAN BERNARDINO COUNTY, CALIFORNIA By: SIGNED AND CERTIFIED THAT A COPY OF THIS CONTRACT HAS BEEN DELIVERED TO Date: THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors Of the County of San Bernardino EXHIBIT A CITIES/TOWNS WITH A WASTE DELIVERY AGREEMENT WITH THE COUNTY OF SAN BERNARDINO OFFERED THIS AMENDMENT SEPTEMBER 2012 FOR AN AGREEMENT END DATE OF JUNE 30, 2016 1. APPLE VALLEY 2. BARSTOW 3. BIG BEAR LAKE 4. COLTON 5. FONTANA 6. GRAND TERRACE 7. HESPERIA 8. HIGHLAND 9. LOMA LINDA 10. RIALTO 11. TWENTYNINE PALMS 12. VICTORVILLE _ 13. YUCAIPA 14. YUCCA VALLEY r�