R-075-22 Aprove Amendment No. 8 of the Waste Disposal Agreement 9WDA With the County of San Bernardino

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AMENDMENT NO. 8 TO THE WASTE DISPOSAL AGREEMENT NO.98-302 On May 12, 1998, the City of Colton ("City") and the: County of San Bernardino ("County") entered into a Waste Disposal Agreement ('VVDA ). 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 arhendrrients to the W DA, 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 Ciity'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 calculate.the annual cost of living. adjustment earlier in the calendar year. Amendment No, 5 extended the end date of the WDA to June.30, 2016. Amendment No. 6 extended theterm of the WDA-to June 30, 2021, applied an annual fixed WDA renewal discount adjustment of $0.8.2 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. 7 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°/o 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 forfuture 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 entli - retV 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 CDSIJP 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}(1), 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 Countyto 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