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HomeMy WebLinkAbout2008-05-27 - AGENDA REPORTS - SOLID WASTE FRANCHISE RATES (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item: SCJ CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by May 27, 2008 Travis Lange RESOLUTION ADJUSTING RATES FOR COMMERCIAL AND RESIDENTIAL SOLID WASTE FRANCHISES Public Works RECOMMENDED ACTION City Council adopt a resolution for the Seventh Amendment to the Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc. for Commercial Solid Waste Management Services allowing an increase in rates by 3.95 percent based on the formula outlined in their Franchise Agreement, subject to City Attorney approval. 2. Adopt a resolution for the Third Amendment to the Agreement Between the City of Santa Clarita and USA Waste of California, Inc. (dba Blue Barrel Disposal) for Residential Solid Waste Management Services allowing an increase in their rates by 3.95 percent based on the formula outlined in their Franchise Agreement, subject to City Attorney approval. 3. Authorize the appropriation of $50,000 to Expenditure Account 14601-5161.002, and increase Revenue Account 100-4621.001 by $50,000. BACKGROUND In November 2003, the City Council selected Burrtec Waste Industries, Inc., as the exclusive solid waste hauler for commercial waste services, and USA Waste of California, Inc. (dba Blue Barrel Disposal) as the exclusive solid waste hauler for residential waste services. Pursuant to Section 6.3 of the Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc. for Commercial Solid Waste Management Services and the Agreement Between the City of Santa Clarita and USA Waste of California, Inc. (dba Blue Barrel Disposal) for Residential Solid Waste Management Services (Franchise Agreements), Burrtec and Blue Barrel may request rate increases for the next rate year (in this case July 1, 2008, through June 30, 2009) if each hauler submits a request for the increase by the first of April, and follows the specific guidelines for a peso. 0 �-.N q Adopted._ �. o k -so rate increase as outlined in Section 6.4 of the Franchise Agreements. The attachments illustrate proposed changes to the commercial and residential collection rates. Pursuant to Section 6.3 of the Franchise Agreements, City Council's discretion for regular rate increases is limited to determining, based on substantial evidence, whether the requested maximum rate adjustment meets the requirements as set forth in the Franchise Agreements. Attached is a summary of the Method of Adjustment for this rate increase described in Section 6.4, the resulting calculations following the formula, and a matrix outlining the resulting maximum rate changes. Based on the formula, the rate increase for Fiscal Year 2008/2009 will be 3.95 percent, which is less than the annual rate cap of five percent. If approved by City Council, staff will work with the haulers in providing proper notification of the rate increase to their customers, and the new rate structure would begin on July 1, 2008. The rate increase will not affect the diversion programs currently provided by the haulers. Additionally, each hauler requested an extraordinary adjustment to pursue a supplemental increase. Pursuant to Section 8.3.5 of the Franchise Agreements, the City may request an audit of the financial records for each of the haulers in connection with an extraordinary rate adjustment. When the results of the financial audit is made available, staff will evaluate both extraordinary rate increase requests and will present the requests in detail to the Solid Waste Diversion Subcommittee. This would be done before presenting an item to the City Council for consideration during a subsequent City Council meeting. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT There is no cost to the City as a result of this action. Per the Franchise Agreements, the cost for the preparation of the financial statements and the audit of financial records shall be borne by the respective Franchisee. ATTACHMENTS Resolution - Burrtec Waste Seventh Amendment Burrtec Seventh Amendment Resolution - Blue Barrel Third Amendment Blue Barrel Third Amendment Rate Adjustment Request Methodology 2008 Burrtec Rates 2008 Blue Barrel Disposal Rates Franchise Agreements List of Amendments RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE SEVENTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC. FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES WHEREAS, the City is empowered under Section 7 of Article 11 of the California Constitution to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws; and WHEREAS, in partial implementation of Section 7 of Article 11 of the California Constitution, California Public Resources Code Section 40059 authorizes the City to determine all aspects of handling of solid waste that are of local concern, including the frequency of collection, means of collection and transportation, level of services and nature, location, and extent of waste handling services; and WHEREAS, on November 20, 2003, the City and Burrtec Waste Industries, Inc. entered into that certain "Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc. for Commercial Solid Waste Management Services" (the Agreement); and WHEREAS, pursuant to Section 6.3 of the Agreement, Burrtec Waste Industries, Inc. is entitled to pursue an annual adjustment to its maximum rates starting in Rate Year 3 of the Agreement and for all subsequent rate years except Rate Year 8 and Rate Year 9; and WHEREAS, the City and Burrtec desire to amend the Agreement by increasing the maximum rates as outlined in Section 6.3 of the Agreement. NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: SECTION 1. The City Council does hereby find, determine, and declare pursuant to California Public Resources Code Section 40059(a)(1) and Section 7 of Article 11 of the California Constitution that the public health, safety, and well-being require approval of that certain "Seventh Amendment to Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc. for Commercial Solid Waste Management Services" (the Seventh Amendment) a copy of which is attached. The Mayor is authorized to execute the Seventh Amendment on behalf of the City. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this _ day of , 2008. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the _ day of , 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 2 CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution No. 08-, adopted by the City Council of the City of Santa Clarita, California on , 2008 which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of 32008. Sharon L. Dawson, CMC City Clerk By Susan Coffman Deputy City Clerk 3 SEVENTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC. FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES This SEVENTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC. FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES, (Seventh Amendment) is entered into this day of '2008, between the City of Santa Clarita, California, a California municipal corporation (City) and Burrtec Waste Industries, Inc., a California corporation (Burrtec) to amend that certain "Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc. for Commercial Solid Waste Management Services" (the Agreement), dated November 20, 2003. RECITALS WHEREAS, the City is empowered under Section 7 of Article XI of the California Constitution to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws; and WHEREAS, in partial implementation of Section 7 of Article XI of the California Constitution, California Public Resources Code Section 40059 authorizes the City to determine all aspects of handling of solid waste that are of local concern, including the frequency of collection, means of collection and transportation, level of services and nature, location, and extent of waste handling services; and WHEREAS, on November 20, 2003, the City and Burrtec entered into that the Agreement; and WHEREAS, pursuant to Section 6.3 of the Agreement, Burrtec, is entitled to pursue an annual adjustment to its maximum rates starting in Rate Year 3 of the Agreement and for all subsequent rate years, except Rate Year 8 and Rate Year 9; and WHEREAS, the City and Burrtec desire to amend the Agreement by increasing the maximum rates as outlined in Section 6.3 of the Agreement. NOW THEREFORE, the City and Burrtec, in consideration of their mutual promises, amend the Agreement as follows: SECTION 1. Exhibit "2" of the Agreement, entitled "Initial Maximum Commercial Rates" shall be amended to contain the following maximum rates starting on Rate Year 5 (July 1, 2008): 1 Container Size Number of Weekly Pickups 1 2 3 4 5 6 7 90 -gal $ 42.12 $ 75.81 $126.35 $168.47 $210.60 $252.71 $294.83 32 -gal $ 37.65 $ 67.78 $112.96 $150.61 $188.27 $225.94 $263.60 1.5 yd $ 58.87 $114.78 $170.71 $226.04 $281.36 $336.69 $392.02 2 yd' $ 61.28 $119.48 $177.70 $235.30 $292.89 $350.49 $408.08 3 yd3 $ 67.01 $130.67 $194.33 $257.32 $320.31 $383.32 $446.30 4 yd $ 84.20 $164.21 $244.19 $323.34 $402.48 $481.63 $560.79 6 yd $107.68 $209.97 $312.28 $413.49 $514.70 $615.93 $717.14 Special Services 2008 Extra Bin Empties $36.38 per bin Compactor Rates 2x comparable rate Locking Bins $10.40 per bin/per month Additional BinUeanings $36.38 per cleaning Commercial Bulky Item Pick Up $20.79 per item Emergency Services $72.77 per hour Late Fee 1.5% per month IN WITNESS' WHEREOF, the parties have executed this Agreement as of the date first above written. (Signatures on next page) CITY OF SANTA CLARITA A California Municipal Corporation Bob Kellar, Mayor ATTEST: Sharon L. Dawson, CMC City Clerk APPROVED AS TO FORM: Carl K. Newton City Attorney BURRTEC WASTE INDUSTRIES, INC. [CEO, President, Chairman of the Board or any Vice President] And by: [The Secretary, any assistant secretary, CFO or any assistant treasurer] State of California, County of Los Angeles, ss. On this day of , in the year 2008, before me personally appeared , and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument and acknowledged that he (she or they) executed it pursuant to a resolution of the Board of Directors of BURRTEC WASTE INDUSTRIES, INC. SIGNED 3 RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF CALIFORNIA, INC. DBA BLUE BARREL DISPOSAL FOR RESIDENTIAL SOLID WASTE MANAGEMENT SERVICES WHEREAS, the City is empowered under Section 7 of Article 11 of the California Constitution to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws; and WHEREAS, in partial implementation of Section 7 of Article 11 of the California Constitution, California Public Resources Code Section 40059 authorizes the City to determine all aspects of handling of solid waste that are of local concern, including the frequency of collection, means of collection and transportation, level of services and nature, location, and extent of waste handling services; and WHEREAS, on November 20, 2003, the City and USA Waste of California, Inc. dba Blue Barrel Disposal (Blue Barrel) entered into that certain "Agreement Between the City of Santa Clarita And USA Waste Of California, Inc. dba Blue Barrel Disposal for Residential Solid Waste Management Services" (the Agreement); and WHEREAS, pursuant to Section 6.3 of the Agreement, Blue Barrel is entitled to pursue an annual adjustment to its maximum rates starting in the rate year commencing on July 1, 2007, to June 30, 2008; and WHEREAS, the City and Blue Barrel desire to amend the Agreement by increasing the maximum rates as outlined in Section 6.3 of the Agreement. NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: SECTION 1. The City Council does hereby find, determine, and declare pursuant to California Public Resources Code Section 40059(a)(1) and Section 7 of Article 11 of the California Constitution that the public health, safety, and well-being require approval of that certain "Third Amendment to Agreement Between the City of Santa Clarita and USA Waste of California, Inc. dba Blue Barrel Disposal for Residential Solid Waste Management Services" (the Third Amendment), a copy of which is attached. The Mayor is authorized to execute the Third Amendment on behalf of the City. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of , 2008. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of , 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution No. 08-, adopted by the City Council of the City of Santa Clarita, California on , 2008 which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of , 2008. Sharon L. Dawson, CMC City Clerk By Susan Coffman Deputy City Clerk 3 THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF CALIFORNIA, INC. DBA BLUE BARREL DISPOSAL FOR RESIDENTIAL SOLID WASTE MANAGEMENT SERVICES This THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF CALIFORNIA, INC. DBA BLUE BARREL DISPOSAL FOR RESIDENTIAL SOLID WASTE MANAGEMENT SERVICES, (Third Amendment) is entered into this day of , 2008, between the City of Santa Clarita, California, a California municipal corporation (City) and USA Waste of California, Inc. dba Blue Barrel Disposal, a California corporation (Blue Barrel) to amend that certain "Agreement Between the City of Santa Clarita and USA Waste of California, Inc. dba Blue Barrel Disposal for Residential Solid Waste Management Services" (the Agreement), dated November 20, 2003. RECITALS WHEREAS, the City is empowered under Section 7 of Article XI of the California Constitution to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws; and WHEREAS, in partial implementation of Section 7 of Article XI of the California Constitution, California Public Resources Code Section 40059 authorizes the City to determine all aspects of handling of solid waste that are of local concern, including the frequency of collection, means of collection and transportation, level of services and nature, location, and extent of waste handling services; and WHEREAS, on November 20, 2003, the City and Blue Barrel entered into the Agreement; and WHEREAS, pursuant to Section 6.3 of the Agreement, Blue Barrel is entitled to pursue an annual adjustment to its maximum rates starting in the rate year beginning in July 1, 2007, to June 30, 2008; and WHEREAS, the City and Blue Barrel desire to amend the Agreement by increasing the maximum rates as outlined in Section 6.3 of the Agreement. NOW THEREFORE, the City and Blue Barrel, in consideration of their mutual promises, amend the Agreement as follows: SECTION 1. Exhibit "2" of the Agreement, entitled "Initial Maximum Rates" shall be amended to contain the following maximum rates starting on the rate year commencing on July 1, 2008, and ending June 30, 2009: 1 • Standard Service Rate • Reduced Rate for no Greenwaste Services • Reduced Rate for Senior/Lifeline Customers • Mobile Home Service Rate The multifamily rates will be as follows: $17.28 per month $15.28 per month $13.82 per month $12.96 per month Container Costs Street Litter Carts Number of Weekl Pickups $15.59 Refuse Overage Extra Pick Up Size 1 2 3 4 5 6 7 1.5 yd $52.22 $104.45 $156.67 $208.90 $261.12 $313.35 $365.57 2 yd $55.67 $111.33 $167.00 $222.66 $278.32 $333.97 $389.64 3 yd $62.55 $125.07 $187.62 $250.16 $312.69 $375.24 $437.78 4 yd $69.41 $138.84 $208.24 $277.66 $347.07 $416.50 $485.90 Special Services Costs Street Litter Carts $15.33 per set per month Restart Charge $15.59 Refuse Overage Extra Pick Up $5.20 per pickup Locking Bin $10.40 per bin per month Bulk Billing Discount 8% Extra Bulky Item Pick Up $20.79 per pickup Additional Bin Cleanings $36.38 per cleaning Extra Bin Empties $36.38 per empty Compactor Rates 2x comparable bin rate Late Fees 1.5% per month Emergency Services $72.77 per hour Manure Collection 150% of comparable multifamily bin refuse rate Prepayment Discount One month free with 11 months prepaid IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. (Signatures on next page) 2 CITY OF SANTA CLARITA A California Municipal Corporation Bob Kellar, Mayor ATTEST: Sharon L. Dawson, CMC City Clerk APPROVED AS TO FORM: Carl K. Newton City Attorney USA WASTE OF CALIFORNIA, INC. DBA BLUE BARREL DISPOSAL wo [CEO, President, Chairman of the Board or any Vice President] And by: [The Secretary, any assistant secretary, CFO or any assistant treasurer] State of California, County of Los Angeles, ss. On this day of , in the year 2008, before me personally appeared and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument and acknowledged that he (she or they) executed it pursuant to a resolution of the Board of Directors of USA WASTE OF CALIFORNIA, INC. DBA BLUE BARREL DISPOSAL. SIGNED 3 2008 COMMERCIAL AND RESIDENTIAL WASTE HAULERS RATE ADJUSTMENT REQUEST METHODOLOGY In compliance with Section 6.3 of the Franchise Agreements, both the Residential and Commercial waste haulers have requested a rate increase for the 2008/2009 fiscal year. The formula for determining a rate increase is outlined in Section 6.4 of the Franchise Agreements as follows: Cost Category Weighting Rate Adjustment Index Labor 30% Producer Price Index, PCU4212#2, Local trucking without storage, Labor 1060 Waste collection Fuel 5% Producer Price Index, WPU057303 not seasonally adjusted, Fuels and Fuel 203.0 related products and power, #2 diesel fuel Equipment 15% Producer Price Index, PCU3713#139, Truck and bus bodies, Refuse Equipment 203.3 and garbage (packer type) Disposal 25% Consumer Price Index for All Urban Consumers, all items index (CPI - Disposal 201.8 U) — U.S. city average All Other 25% 50% of change in Consumer Price Index for all Urban Consumers, all All Other 201.8 items index (CPI -U) — U.S. city average Total 100% 0.51 Pursuant to the instructions in the Franchise Agreements, the differences in the indices are determined based on the period of December 2006 through December 2007. According to the Franchise Agreements, the resulting percentage change caps at five percent. CHANGE IN CLASSIFICATION SYSTEM Since the Franchise Agreements were written, some changes had to be incorporated in the rate adjustment calculation. The United States Department of Labor — Bureau of Labor Statistics made a change in how they labeled certain Producer Price Indices. In the past, they used the Standard Industrial Classification (SIC) system to label the indices, but recently, have made the shift from SIC codes to the North American Industry Classification System (NAICS). Therefore, the Producer Price Index (PPI) for Labor and the PPI for Equipment no longer exists in the format outlined in the Franchise Agreement. Per Waste Management's request, Hilton . Farnkopf & Hobson contacted the Department of Labor to determine the most appropriate factors for replacing the previous ones. The PPI labeled as PCU4212#2, Local trucking without storage, Waste collection was replaced with PCU5621,1-56211 Waste Collection. The PPI labeled as PCU3713#139, Truck and bus bodies, Refuse and garbage (packer type) was replaced with PCU336211336211 Motor Vehicle Body Manufacturing. RATE INCREASE CALCULATIONS Staff calculated the proposed rate increase based on the above information and came up with the following results: Cost Category Dec. 2006 Dec. 2007 Change Weighting Percent Labor 1060 108.4 0.0226 30% 0.68 Fuel 203.0 271.9 0 339 5% 1.70 Equipment 203.3 203.9 0.00295 15% 0.04 Disposal 201.8 210.036 0.041 25% 1.02 All Other 201.8 210.036 0.041 25% 0.51 Total 100% 3.95% TIMELINE The new rates will take effect on July 1, 2008 The haulers must provide at least thirty days notice to their customers (Section 5.1.1) prior to implementing the new rates. 2008 Burrtec Rates Container 2007 2008 Extra Bin Empties Number of Weekl Pickups Compactor Rates 2x comparable rate Size Locking Bins 1 2 3 4 5 6 7 90 -gal ('07) $ 40.52 $ 72.93 $121.55 $162.07 $202.60 $243.11 $283.63 90 -gal ('08) $ 42.12 $ 75.81 $126.35 $168.47 $210.60 $252.71 $294.83 32 -gal ('07) $ 36.22 $ 65.20 1 $108.67 $144.89 $181.12 $217.35 1 $253.58 32 -gal ('08) $ 37.65 $ 67.78 $112.96 $150.61 $188.27 $225.94 $263.60 1.5 yd ('07) $ 56.63 $110.42 $164.22 $217.45 $270.67 $323.90 $377.12 1.5 yd ('08) $ 58.87 $114.78 $170.71 $226.04 $281.36 $336.69 $392.02 2 d ('07) $ 58.95 $114.94 $170.95 $226.36 $281.76 $337.17 $392.57 2 yd ('08) $ 61.28 $119.48 $177.70 $235.30 $292.89 $350.49 $408.08 3 yd ('07) $ 64.46 $125.70 $186.95 $247.54 $308.14 $368.75 $429.34 3 yd ('08) $ 67.01 $130.67 $194.33 $257.32 $320.31 $383.32 $446.30 4 yd ('07) $ 81.00 $157.97 $234.91 $311.05 $387.19 $463.33 $539.48 4 yd ('08) $ 84.20 $164.21 $244.19 $323.34 $402.48 $481.63 $560.79 6 d ('07) $103.59 $201.99 $300.41 $397.78 $495.14 $592.53 $689.89 6 yd ('08) $107.68 $209.97 $312.28 $413.49 $514.70 $615.93 $717.14 Special Services 2007 2008 Extra Bin Empties $35.00 per bin $36.38 per bin Compactor Rates 2x comparable rate 2x comparable rate Locking Bins $10.00 per bin/per month $10.40 per bin/per month Additional Bin Cleaning $35.00 per cleaning $36.38 per cleaning Commercial Bulky Item Pick -Up $20.00 per item $20.79 per item Emergency Services $70.00 per hour $72.77 per hour Late Fee 1.5% per month 1.5% per month 2008 Blue Barrel Disposal Rates The Standard Service Rate (one refuse container, one commingled recycling container, and one greenwaste container) will increase from $16.62 per month to $17.28 per month. This will also increase the rates for residents with no greenwaste container, residents with the senior/lifeline discount rate, and mobile home resident rates to $15.28; $13.82; and $12.96 per month respectively. The multifamily rates will be changed as follows: Container 2007 2008 Number of Weekl Pickups $15.33 per set per month Restart Charge $15.00 Size 1 2 3 4 5 6 7 1.5 d ('07) $50.24 $100.48 $150.72 $200.96 $251.20 $301.44 $351.68 1.5 yd ('08) $52.22 $104.45 $156.67 $208.90 $261.12 $313.35 $365.57 2 yd ('07) $53.55 $107.10 $160.65 $214.20 $267.74 $321.28 $374.83 2 yd ('08) $55.67 $111.33 $167.00 $222.66 $278.32 $333.97 $389.64 3 d ('07) $60.17 $120.32 $180.49 $240.65 $300.81 $360.98 $421.14 3 yd ('08) $62.55 $125.07 $187.62 $250.16 $312.69 $375.24 $437.78 4 d ('07) $66.77 $133.56 $200.33 $267.11 $333.88 $400.67 $467.44 4 yd ('08) $69.41 $138.84 $208.24 $277.66 $347.07 $416.50 $485.90 Special Services 2007 2008 Street Litter Carts $14.75 per set per month $15.33 per set per month Restart Charge $15.00 $15.59 Refuse Overage Extra Pick Up $5.00 per pick up $5.20 per pick up Locking Bin $10.00 per bin per month $10.40 per bin per month Bulk Billing Discount 8% 8% Extra Bulky Item Pick U $20.00 per pick a $20.79 per pick u Additional Bin Cleanings $35.00 per cleaning $36.38 per cleaning Extra Bin Empties $35.00 per empty $36.38 per empty Compactor Rates 2x comparable rate 2x comparable rate Late Fees 1.5% per month 1.5% per month Emergency Services $70.00 per hour $72.77 per hour Manure Collection 150% of comparable multi- family bin refuse rate 150% of comparable multifamily bin refuse rate Prepayment Discount One month free with 11 months prepaid One month free with 11 I months prepaid COMMERCIAL AND RESIDENTIAL SOLID WASTE FRANCHISE AGREEMENTS LIST OF AMENDMENTS Since the commencement of the Residential and Commercial Solid Waste Franchise Agreements, staff has worked with the City's haulers to ensure that the programs and services outlined in the Agreements are implemented in a timely fashion. The matrix below summarizes existing amendments to both Franchise Agreements that have been approved by the City Council. The primary goal of the amendments was to set new deadlines for the implementation of new waste diversion programs and to adjust maximum collection rates. Existing Amendments to the Commercial Franchise Agreement with Burrtec Amendment Amendment Description Approved by the Signed Number I City Council 1 Time extension to implement the use of 11/28/06 No 1 alternative fuel vehicles and the construction of 6/10/05 Yes a MRF 2 Time extension to set new deadlines for the 5/22/07 Yes 2 4/25/06 Yes construction and completion of a MRF 3 Adjust maximum rates 5/23/06 Yes 4 Time extension to meet minimum diversion 11/14/06 Yes goals of 25% and 50% 5 Adjust maximum rates 5/22/07 Yes 6 Time extension to set new deadlines for the 10/9/07 Yes construction and completion of a MRF Existing Amendments to the Residential Franchise Agreement with Blue Barrel Currently, there are six existing amendments to the Franchise Agreement between the City and its commercial solid waste hauler, Burrtec Waste Industries. The amendments have extended deadlines on three occasions to construct a Materials Recovery Facility (MRF), extended the deadline to implement the use of alternative fuel vehicles, set new dates to meet minimum diversion requirements, and adjusted the maximum collection rates. The Franchise Agreement between the City and the residential solid waste hauler, Blue Barrel Disposal, has also been amended to extend deadlines to implement alternative fuel vehicles, a volume -based rate structure program, meet minimum diversion requirements, and adjust maximum collection rates. S \ENVSRVCS\SOLWAST2\COUNCIL\2008\LIST OF AMENDMENTS TO THE FRANCHISE AGREEMENTS 2008 doc Time extension to implement the use of alternative fuel vehicles and a volume -based rate 1 structure program. In addition, extend the 11/28/06 No deadline to meet minimum diversion requirements. 2 Adjust maximum rates 5/22/07 Yes Currently, there are six existing amendments to the Franchise Agreement between the City and its commercial solid waste hauler, Burrtec Waste Industries. The amendments have extended deadlines on three occasions to construct a Materials Recovery Facility (MRF), extended the deadline to implement the use of alternative fuel vehicles, set new dates to meet minimum diversion requirements, and adjusted the maximum collection rates. The Franchise Agreement between the City and the residential solid waste hauler, Blue Barrel Disposal, has also been amended to extend deadlines to implement alternative fuel vehicles, a volume -based rate structure program, meet minimum diversion requirements, and adjust maximum collection rates. S \ENVSRVCS\SOLWAST2\COUNCIL\2008\LIST OF AMENDMENTS TO THE FRANCHISE AGREEMENTS 2008 doc