HomeMy WebLinkAbout2010-05-25 - AGENDA REPORTS - ANNUAL RATE WASTE SERVICE (2)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT
Agenda Item•
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval
Item to be presented by:
May 25, 2010
TOviiange
ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID
WASTE SERVICE PROVIDERS
Public Works
RECOMMENDED ACTION
City Council adopt a resolution for the Fifth Amendment to the Agreement Between the City
of Santa Clarita and USA Waste of Calif6mia, Inc. (dba Blue Barrel Disposal), for
Residential Solid Waste Management Services allowing an adjustment in their residential
rates by 3.27 percent based on the formula outlined in their Franchise Agreement, subject to
City Attorney approval.
2. Adopt a resolution for the Tenth Amendment to the Agreement Between the City of Santa
Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste Management
Services allowing an adjustment in rates by 3.27 percent based on the formula outlined in
their Franchise Agreement, subject to City Attorney approval.
BACKGROUND
In November 2003, the City Council selected USA Waste of California, Inc. (dba Blue Barrel
Disposal), as the exclusive solid waste hauler for residential services and Burrtec Waste
Industries, Inc., for commercial services. Pursuant to Section 6.3 of the Agreement Between the
City of Santa Clarita and USA Waste of California Inc. (dba Blue Barrel Disposal), for
Residential Solid Waste Management Services and the Agreement Between the City of Santa
Clarita and Burrtec Waste Industries Inc for Commercial Solid Waste Management Services
(Franchise Agreements), Blue Barrel and Burrtec may request rate adjustments for their next rate
year (July 1, 2010 through June 30, 2011) if they submit a request for the adjustment by the first
of April and follow the specific guidelines for a rate increase as'outlined in Section 6.4 of the
Franchise Agreements. Pursuant to Section 6.3 of the Franchise Agreements, City Council's
Adopted:?-�io- I
. /
discretion for regular rate increases is limited to determining, based on substantial evidence,
whether the requested rate adjustment meets the requirements as set forth in the Franchise
Agreements.
Attached is a summary of the Method of Adjustment for this rate adjustment described in Section
6.4 of the Franchise Agreements. Based on the formula, the rate adjustment for Fiscal
Year 2010-11 is 3.27 percent.
A matrix outlining the total changes for each of the franchised hauler is provided as an
attachment.
ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
No fiscal impact as a result of this item.
ATTACHMENTS
Resolution - Blue Barrel
Amendment - Blue Barrel
Resolution - Burrtec
Amendment - Burrtec
Rate Adjustment Methodology
Blue Barrel Adjustment Matrix
Burrtec Adjustment Matrix
N
RESOLUTION 10 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, APPROVING THE FIFTH
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 for the rate year commencing on
July 1, 2010, to June 30, 2011; and
WHEREAS, the City and Blue Barrel desire to amend the Agreement by increasing the
maximum rates as outlined in Section 6.3 and 6.6 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 "Fifth 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 Fifth Amendment), a copy of which is attached. The Mayor is authorized to execute the Fifth
Amendment on behalf of the City and such Fifth Amendment is hereby approved.
3
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this day of 2010.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sarah P. Gorman, 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 2010, 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
1, , City Clerk of the City of Santa Clarita, do hereby
certify that this is a true and correct copy of the original Resolution 10- adopted by the City
Council of the City of Santa Clarita, California on , 2010, which is now on file in my
office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of
2010.
City Clerk
By
Deputy City Clerk
3
FIFTH 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 FIFTH 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, (Fifth Amendment) is entered into this day of 2010,
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 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 for the rate year commencing on
July 1, 2010, to June 30, 2011.
NOW, THEREFORE, the City and Blue Barrel, in consideration of their mutual
promises, amend the Agreement as follows:
NO.
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, 2010, and ending June 30, 2011:
• Standard Service Rate $17.90 per month
• Reduced Rate for no Greenwaste Services $15.90 per month
• Reduced Rate for Senior/Lifeline Customers $14.32 per month
• Mobile Home Service Rate $13.43 per month
The multifamily rates will be as follows:
Container
Costs
Street Litter Carts
Number of Weekly
Pickups
$16.14
Refuse Overage Extra Pickup
Size
1
2
3
4
5
6
7
1.5 yd
$53.96
$107.94
$161.90
$215.85
$269.81
$323.79.
$377.75
2 yd
$57.53
$115.03
$172.56
$230.09
$287.59
$345.10
$402.63
3 yd
$64.64
$129.23
$193.88
$258.50
$323.11
$387.74
$452.37
4 yd
$71.72
$143.47
$215.18
$286.90
$358.64
$430.38
$502.09
Special Services
Costs
Street Litter Carts
$15.87 per set per month
Restart Charge
$16.14
Refuse Overage Extra Pickup
$5.39 per pickup
Locking Bin
$10.77 per bin per month
Bulk Billing Discount
8%
Extra Bulky Item Pickup
$21.53 per pickup
Additional Bin Cleanings
$37.68 per cleaning
Extra Bin Empties
$37.68 er empty
Compactor Rates
2x comparable bin rate
Late Fees
1.5% per month
Emergency Services
$75.37 per hour
Manure Collection
100% of comparable multifamily bin refuse rate
Prepayment Discount
One month free with 11 months prepaid
(Signatures on next page)
7
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
CITY OF SANTA CLARITA
A California Municipal Corporation
Laurene Weste, Mayor
ATTEST:
Sarah P. Gorman
City Clerk
APPROVED AS TO FORM:
Carl K. Newton
City Attorney
ME
05
r)
U.S.A. WASTE OF CALIFORNIA, INC., DBA
BLUE BARREL DISPOSAL
By:
[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 )
On before me,
Date
personally appeared _
Here Insert Name and Title of the
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERTURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
Signature
Signature of Notary Public
Place Notary Seal Above
4 q *
RESOLUTION 10 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, APPROVING THE TENTH 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 adjusting the
maximum rates as outlined in Section 6.3 and 6.6 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 "Tenth Amendment to Agreement Between the City of Santa Clarita and Burrtec Waste
Industries, Inc., for Commercial Solid Waste Management Services" (the Tenth Amendment) a
copy of which is attached. The Mayor is authorized to execute the Tenth Amendment on behalf
of the City and such Tenth Amendment is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
/v
PASSED, APPROVED, AND ADOPTED this day of
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
2010.
I, Sarah P. Gorman, 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 2010, 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, , City Clerk of the City of Santa Clarita, do hereby
certify that this is a true and correct copy of the original Resolution 10- adopted by the City
Council of the City of Santa Clarita, California on , 2010, which is now on file in my
office.
Witness my hand and seal of the City of Santa Clarita, California, this day of
2010.
City Clerk
By
Deputy City Clerk
3 /a
TENTH AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF SANTA CLARITA AND
BURRTEC WASTE INDUSTRIES, INC.,
FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES
This TENTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC., FOR
COMMERCIAL SOLID WASTE MANAGEMENT SERVICES (Tenth Amendment) is
entered into this day of 2010, 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 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.
(Burrtec) entered into the "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 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, pursuant to Section 63 of the Agreement, Burrtec is entitled to
pursue an annual adjustment to its maximum rates for the rate year commencing on
July 1, 2010, to June 30, 2011; and
WHEREAS, the City and Burrtec desire to amend the Agreement by adjusting the
maximum rates as outlined in Section 6.3 and 6.6 of the Agreement.
NOW, THEREFORE, the City and Burrtec, in consideration of their mutual
promises, amend the Agreement as follows: .
13
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 7 (July 1, 2010):
Container
Extra Bin Empties
Number of Weekly Pickups
Compactor Rates
2x comparable rate
Size
1
2
3
4
5
6
7
90 -gal
$43.51
$78.32
$130.53
$174.05
$217.57
$261.08
$304.58
32 -gal
$38.90
$70.03
$116.70
$155.60
$194.51
$233.42
$272.32
1.5 yd'
$60.85
$118.63
$176.44
$233.62
$290.79
$347.98
$405.16
2 yd 3
.$63.30
$123.44
$183.58
$243.10
$302.58
$362.10
$421.60
3 yd
$69.23
$134.99
$200.76
$265.85
$330.92
$396.01
$461.08
4 yd
$86.98
$169.64
$252.27
$334.05
$415.81
$497.58
$579.36
Cy -d7-
$111.25
$216.92
$322.62
$427.18
$531.74
$636.33
$740.89
Special Services
Extra Bin Empties
$37.59 per bin
Compactor Rates
2x comparable rate
Locking Bins
$10.74 per bin/per month
Additional Bin Cleaning
$37.59 er cleaning
Commercial Bulky Item Pickup
$21.48 per item
Emergency Services
$75.18 per hour
Late Fee
1.5% per month
(signatures on next page)
Iq
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
CITY OF SANTA CLARITA
A California Municipal Corporation
Laurene Weste, Mayor
ATTEST:
Sarah P. Gorman
City Clerk
APPROVED AS TO FORM:
Carl K. Newton
City Attorney
By:
/s
State of California
County of
On
Date
personally appeared
Place Notary Seal Above
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]
before me,
Here Insert Name and Title of the
Nante(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
4
2010 COMMERCIAL AND RESIDENTIAL WASTE HAULERS
RATE ADJUSTMENT REQUEST METHODOLOGY
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
Chane Weaghtin
Percent .... ,.'
Producer Price Index, PCU4212#2, local trucking without
Labor
30%
storage, waste collection
30%
1.29
Producer Price Index, WPU057303 not seasonally adjusted,
Fuel
5%
fuels and related products and power, #2 diesel fuel
5%
1.1
Producer Price Index, PCU3713#139, truck and bus bodies,
Equipment
15%
refuse and garbage (packer type)
15%
-0.14
Consumer Price Index for all urban consumers, all items index
Disposal
25%
(CPI -U) — U.S. city average
25%
0.68
50% of change in Consumer Price Index for all urban
All Other
25%
consumers, all items index (CPI -U) —U.S. city average
Total
100%
Total
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 PCU421242 - "Local Trucking Without Storage, Waste Collection" was replaced with
PCU56211-56211 - "Waste Collection." The PPI labeled as PCU37139139 —" Truck and Bus
Bodies, Refuse and Garbage (packer type)" was replaced with PCU336211336211 — "Motor
Vehicle Body Manufacturing." To calculate the labor component, the PPI index labeled
PCU56211-56211- "Waste Collection" was used.
RATE INCREASE CALCULATIONS
Cost -Cate ory';
Dec 2008,
Dec ,20091,
Chane Weaghtin
Percent .... ,.'
Labor
111.3
116.1
0.0431
30%
1.29
Fuel
168.0
205.1
0.2208
5%
1.1
Equipment
217.8
215.7
-0.0096
15%
-0.14
Disposal
210.228 1
215.949
0.0272
25%
0.68
All Other
210.228
215.949
0.0136
25%
0.34
Total
100%
3.27
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