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

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capacity in the ❑isposal 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 eritirety 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 lndexj Where; Fixed Port[an = $10.87 Escalating. Portion = $17.63 Index = Price Index, which shall be determined in accordance with the. following formula: = .7[PPI11PPI2] +.3[Di/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 WWPU03 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 201.0. value) PPI2 = Producer Price Index, Industrial Commodities Commodity ❑ata for the month of September,. 1997 Ell Empioyment.Cost`lndex, Total Compensation, Private [ndustry.AlI Workers, as published at the United. States Department of Labor, Bureau. of Labor Statistics web site, Series ID: CIU201000000000.01 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 wbA 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 8511/6will be used, If, however, the posted gate rate does not change, and the WDA Contract Rate is already at the capped 85°/o amount, the WDA Contract Rate will remain the same for the calculated fiscal year. Any decrease in the calculated