02-088 Amendment #1 to Restated 2002 Agreement for Disposal of Municipal Solid WasteNovember 3, 2022
FIRST AMENDMENT TO THE REST ATED 2002 AGREEMENT FOR DISPOSAL OF
MUNICIPAL SOLID WASTE BETWEEN
THE CITY OF CUPERTINO AND INTERNATIONAL DISPOSAL CORP. OF CALIFORNIA, INC.
This First Amendment to the restated 2002 Agreement for Disposal of Municipal Solid Waste Between the
City of Cupertino and International Disposal Corp. of California, Inc., executed on and effective
November 21, 2023, is by and between the CITY OF CUPERTINO, a municipal corporation ("CITY"), and
International Disposal Corp. of California, Inc., a California corporation ("Contractor"), and is made with
reference to the following:
RECIT ALS:
A. City and Contractor are parties to an Agreement for Disposal of Municipal Solid Waste dated
November 21, 1988, as restated on September 24, 2002 (such agreement as so amended, the
"Agreement").
B. The term of the Agreement expires at 11:59 P.M. on November 20, 2023, subject to Section 4 of
the Agreement.
C. The parties wish to enter into an optional two-year extension of the Agreement and to modify
Contractor compensation as specified.
D. City and Contractor desire to modify the Agreement as set forth below, with modified terms
effective on November 21, 2023.
E. AIotherprovisionsoftheAgreementshallremaininfullforceandeffect.
AGREEMENT
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. Section 4.2 is amended to read as follows:
4.2 Termination
Notwithstanding anything to the contrary contained in this Agreement, this Agreement shall
continue in full force and effect until the first to occur of the following, unless sooner
terminated in accordance with this Agreement:
(i) November 20;aa2025; or
(ii) The City exercises its sole option to terminate the Agreement without cause upon ninety
(90) days prior written notice to Contractor.
2. Section 5.1 is amended to read as follows:
5.1 Tipping Fee
The Tipping Fee for the disposal and/or Recycling of Municipal Solid Waste at Newby Island as of
July 1, 2024, shall be the amount adjusted pursuant to Section 5.2 and 5.4 of this Agreement plus
an additional 52.00 per Ton to the adjustable portion of the Tipping Fee. The Tipping Fee for the
I
11/17/22
November 3, 2022
disposal and/or Recycling of Municipal Solid Waste at Newby Island as ofJuly 1, 2025, shall be the
amount adjusted pursuant to Section 5.2 and 5.4 of this Agreement plus an additional 52,00per
Ton to the adjustable portion of the Tipping Fee. For clarity, 52.00 per ton will be added on top of
the annual Tipping Fee adjustment pursuant to the Agreement on the Rate Adjustment Date for
years 2024 and 2025. Notwithstanding the foregoing, for Debris Boxes containing source
separated loads of concrete or clean soil the City shall be charged the gate rates for concrete and
clean soil, respectively, provided application of those gate rates results in a lower cost to the City.
3. Section 5.2 is restated as follows:
5.2 Annual Adjustment of Tipping Fee
The Tipping Fee (as adjusted under Section 5.4) shall be adjusted as of July 1 of each year,
beginning as of July 1, 2024, (the "Rate Adjustment Date") in accordance with the following
formula:
P=A(l.OxB)
A= The adjustable portion of the Tipping Fee (as described below) in effect as of the Rate
Adjustment Date. The "adjustable portion of the Tipping Fee", as that phrase is used above, is
the Tipping Fee in effect as of the Rate Adjustment Date, less the portion thereof attributable to
Taxes. As of July 1, 2022, the adjustable portion of the Tipping Fee is S26.92.
B = The net percentage change in the Consumer Price Index (CPI), All Urban Consumer (CPI-
U), for San Francisco-Oakland-San lose, California, published by the u.s. Department of Labor,
Bureau of Labor Statistics.
P= TheamountadjustmenttotheTippingFeeforthenewtwelve(12)monthperiod.
All "net percentage changes", as that phrase is used above, are to be computed as the
difference between the applicable index value for the month of February immediately prior to
the current Rate Adjustment Date and for the month of February immediately prior to the last
Rate Adjustment Date (February 2002 in the case of the first adjustment hereunder), divided by
the index value for the month of February immediately prior to the last Rate Adjustment.
Contractor shall notify City in writing of any adjustment under this Section at the earliest
practicable time. On the next billing date after the receipt of Contractor's statement showing
adjustment under this Section, City shall pay to Contractor or Contractor shall credit to City, as
the case may be, a lump sum equal to any increase or decrease applicable to that period which
has elapsed during which the new Tipping Fee is effective. Thereafter, the Tipping Fee charged
by Contractor shall not be modified to reflect any change under this Section until a subsequent
adjustment statement is received by City. Adjustment to the Tipping Fee will only be made in
units of one cent (S0.01). Fractions less than one cent (S0.O1) will not be considered in making
adjustment.
Should the index named in this Section not be published for February of any given year, the
calculations shall be performed using the index value as published for the last month
immediately preceding the February in question (or, in the case of a quarterly published index,
the index value for the quarter including the February in question).
2
November 3, 2022
Should the index named in this Section be discontinued, a successor index shall replace same.
The successor index shall be that index which is most closely equivalent to the discontinued
index as recommended by the publishing agency.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date first
written above.
International Disposal Corp. of California, Inc.
A California Corporation
CITY OF CUPERTINO,
A Municipal Corporation
B/
Area President; Kevin Divincenzo City Manager, Pamela Wu
3
Cupertjno-Repub!i:c Newby
Extension F:na!
Final Audit Report 2022-11-07
Created:2022-11-03
BY:
Status:
Transaction ID:
Julia Kinst (juliak@cupertino.org)
Signed
CBJCHBCAABAAsxy-aRmrZyZg-pGyfl-3HXGJb43EloOl
"Cupertino-Republic Newby Island ExtensionFinal" History
'5 Document created by Julia Kinst (juliak@cupertino.org)
2022-11-03 - 8:48:53 PM GMT- IP address:216.198.111.214
a Document emailed to kdivincenzo@republicservices.com for signature
2022-11-03 - 8:49:21 PM GMT
'., Email viewed by kdivincenzo@republicservices.com
2022-11-07 - 3:42:01 PM GMT- IP address: 204.13.219.7
*@ Signer kdivincenzo@republicservices.com entered name at signing as Kevin Divincenzo
2022-all-07 - 3:44:40 PM GMT- IP address: 163.116.139.120
!@ Document e-signed by Kevin Divincenzo (kdivincenzo@republicservices.com)
Signature Date: 2022-11-07 - 3:44:42 PM GMT - Time Source: server- IP address: 163.116.139.120
€9 Agreement completed.
2022-11-07 - 3:44:42 PM GMT
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First Amendment to Restated 2022 Agreement
for Disposal of Municipal Solid Waste
Final Audit Report 2022-11-17
Created:2022-11-17
By:Julia Kinst (juliak@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA08HzM9FUpwTb1GkWlyVErw2XIqGw4rPA
"First Amendment to Restated 2022 Agreement for Disposal of
Municipal Solid Waste" History
Document created by Julia Kinst (juliak@cupertino.org)
2022-11-17 - 6:57:18 PM GMT- IP address: 216.198.111.214
Document emailed to Pamela Wu (pamelaw@cupertino.org) for signature
2022-11-17 - 6:59:04 PM GMT
Email viewed by Pamela Wu (pamelaw@cupertino.org)
2022-11-17 - 7:19:14 PM GMT- IP address: 104.28.123.113
Document e-signed by Pamela Wu (pamelaw@cupertino.org)
Signature Date: 2022-11-17 - 9:21:43 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2022-11-17 - 9:21:43 PM GMT