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: <br />Cdy of Cotton <br />Agenda Report <br />Council Meeting of June 1, 1999 <br />Page 2 <br />inconsistencies, factual emors and practical enforcement problems with the City's <br />conVact with Colton Disposal. The City Attomey has recommended that the Ciry <br />consider entering into a restated contract that will acknowledge the existing obligations <br />of the parties under the 1996 conVact, but will also reflect the operetional realities of <br />the service provided. In preparing the Restated Agreement, the City Attomey reviewed <br />at least eight (8) different solid waste contracts, including contracts held by Colton <br />Disposal's competitors. The proposed Restated Contract is based on the other <br />conVacts and reflects more of an industry standard contract. <br />The amended and restated agreement consists of rivo components, (1) the restated <br />agreement and (2) the memorandum of understanding ("MOU") for the development of <br />the facility. The MOU is attached as an exhibit to the restated agreement. <br />THE RESTATED AGREEMENT <br />In addition to the City Attomey's review of the existing agreement and the discovery of <br />inconsistencies, factual errors and practical enforcement problems with the Colton <br />Disposal conUad, the Solid Waste Ad-Hoc Committee has negotiated the following deal <br />points with Colton Disposal that will benefit the community. <br />Community Berrefits <br />♦ No rate increases (residential or commercial) unbl July 2001 (waive 1998, 1999 and <br />2000 annual rate increases). The rate increases would othervvise be automatic <br />under the tertns of the existlng contract. This represents a savings of over $85,000 <br />to the residential and commercial rate payers. <br />• Immediate payment of $80,000 to the City of Colton as required under the ewsting <br />conVact. This amount will be placed in an escrow account to potentially offset <br />future environmental and development costs for the Colton Disposal Faciiity. If the <br />Facility is not constructed, this money will defauk into the City's General Fund. <br />♦ The City has obtained expanded free services for an additional 11 City sites. These <br />sites are listed in an exhibR to the restated agreement. The value of the expanded <br />free senice has been estimated at $11,000 per year. <br />♦ Atfhough the e�dsting agreement does not provide for it, the Restated Agreement <br />will provide for 4x per year Bulky Item Pidc-up per customer per year as part of the <br />basic rate. There will not be any additional charges to customers for this service. <br />♦ Provide 35 Discretionary 'Roll OR' Containers per year. <br />♦ If the Facility is consUucted, the City will receive a minimum of $35,000 in revenue <br />(or 50% of recycling revenue whichever is greater) to the City of Colton to be used <br />at its discretion. <br />