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CITY OF COLTON <br />AGENDA REPORT <br />Council Meeting of April 21,1998 <br />TO: Honorable Mayor and Counci embers <br />APPROVAL: Henry T. Garcia, City Manage <br />FROM: Daryl J. Parrish, Assistant City Manager <br />SUBJECT: Approval of Waste Delivery Agreement between the County of San <br />Bernardino and the City of Colton <br />DATE: April 15,1998 <br />BACKGROUND: <br />The Waste Delivery Agreement ("WDA") is the result of months of negotiations between <br />the County of San Bernardino and Contract Landfill Operator NORCAL, with a <br />consortium of Valley and Desert Cities including an attorney retained by the consortium <br />of Cities. Specifically, the attached WDA is the result of a collectively negotiated rate <br />for all Cities who prescribe to the agreement that is significantly less than the current <br />disposal rate of $33.00 per ton. The most significant strength of the WDA is the fact <br />that it is the same for all Cities. If special terms are added to the WDA to benefit a <br />particular City, they must be made available to all Cities who sign the agreement. <br />DISCUSSION/ANALYSIS: <br />The current negotiated disposal rate prescribed by the WDA is $28.50 per ton. A <br />reduction of $4.50 per ton from the current San Bernardino County Disposal Rate. <br />Essentially the WDA requires the City to dispose of its "controllable waste" (defined as <br />the waste which the City has the legal or contractual ability to determine the disposal <br />location therefor, and waste that meets the criteria established on page 4 of the WDA) <br />in the San Bernardino County Landfill System. _ <br />The agreement contains the "Solid Waste Disposal Option" (Section 4.5, page 22), <br />which directs the Cities Franchised Haulers, to pay the then current Solid Waste <br />Disposal Fee. This allows the City of Colton to capture the revenue that results in the <br />difference between the current San Bernardino County Disposal Rate and the <br />negotiated WDA Rate. The revenue would then be programmed to projects that meet <br />the current nexus test established in the Host City Agreement between the County of <br />San Bernardino and the City of Colton. Specifically, projects that meet the nexus test <br />include street improvement and maintenance projects (specifically those related to <br />landfill use) and programs that enhance recycling programs. <br />Other Highlights of the Waste Delivery Agreement are as follows: <br />❑ Provides indemnification as the County accepts past and future environmental <br />liabilities arising from prescribing Cities use of the County landfill system. Such <br />indemnification survives the term of the WDA. <br />Item # 30 <br />