HomeMy WebLinkAboutCC 11 WASTE COLLEC AG 7-18-83DATE: JULY 12, 1983
CONSENT CALENDAR
4o. 11
7-18-83
I nt r - C om
TO: WILLIAM HUSTON, CITY MANAGER
~Oa: BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: SOLID WASllE COLLECTION AGREEMENT
RECOMMENDATION:
i,at the Tustin City Council, at their meeting of July 18, 1983, approve the
attached Solid Waste Collection Agreement for 1983-84 and authorize the Mayor to
execute the same on behalf of the City.
BACKGROUND:
Dn June 30, 1983, the franchise agreement held by SCA Services of Orange County
expired. This agreement was initiated in Ma~V, 1972 and was extended by previous
City Council action through the June 30, 1983 expiration date.
Initially, the franchise agreement was held by Holthe Disposal. In May, 1977,-
S.C.A. Servi'ces of Orange County purchased Holthe Dispbsal and. provided the
collection services within the City of Tustin per the terms of the agreement.
DISCUSSION:
Staff has completed negotiations with S.C.A. Services of Orange County and is
recommending the execution of the attached agreement which has been prepared by
the City Attorney's office.
This agreement provides for the following:
A five (5) year exclusive franchise to S.C.A. Services of Orange County
with an option for a five year renewal term.
An annual fee adjustment based upon a weighted C.P.I. average, comparable
with the method utilized by the County of Orange.
Commercial bin rates will remain the same for a period of one year.
All County of Orange gate fee amounts will be a direct pass through
and in addition to the basic monthly fee. The estimated gate fee for
once a week pick-up is $0.74 per month per parcel.
e. Residential fee for once per week pick up will be established at $3.50
per month plus the pass through gate fee charge of $0.74.
The following is a recap of existing and proposed solid waste collection fees for
the City and other agencies within the county:
SOLID WASTE COLLECTION AGREEMENT
JULY 12, 1983
PAGE TWO
Residential
Units
Commercial
Can Units
CURRENT
CITY FEE
+ GATE FEE
$2.78+$0.60~$3.38
$3.28+$060=$3.88
PROPOSED
CITY FEE
+ GATE FEE
$3.50+$0.74=$4.24
$4.00+$0.74-$4.74
CURRENT
COUNTY FEE
+ GATE FEE
$6.19
CURRENT
AVERAGE OF
OTHER ORANGE
COUNTY CITIES
BASIC FEE +
GATE FEE
$5.01
Bob Led~
Director of Public Works/City Engineer
db
Attachment
AGREEMENT FOR COLLECTION AND TRANSPORTATION
OF SOLID WASTE REFUSE PRODUCED OR
ACCUMULATED IN THE CITY OF TUSTIN
THIS AGREEMENT is made and entered into this day of
, 1983, by an~ between the City of Tustin, a
municipal corporation o~ the State of California (hereinafter
referred to' as "City") and SCA Services of Orange County
(hereinafter referred to as "Contractor").
W I T N E S S E T H
RECITALS:
1. The Legislature o~ the State of California, by enactment
of California Government Code Section 66755 et seq., declares '
that it is in the public interest to authorize and require local
auencies to make adequate provisions for solid waste handling
within their jurisdictions.
2. In the opinion of the City Council of the City of
Tustin, the public health, safety and well-being require that
solid waste refuse collection, including, but not limited to,
frequency of collection, means of collection and transportation,
level o~ services, charges and fees, nature, location and extent
of such services, be proviaed by contract without competitive
bidding.
3. The City Council of the City ~urther declares its
intention of maintaining reasonable rates for collection and
disposal of solid waste refuse.
4. The parties hereto have been operating under the terms
of that certain agreement dated May 15, 1972, originally entered
into between Holthe Disposal Service and the City, as the same
has been amended from time to time, and have generally been
satisfied with the performance under said agreement.
5. The City Council o~ the City of Tustin, having
determined that Contractor by demonstrated experience, reputation
and capacity is qualified to continue to provide for the
collection of re~use within the corporate limits of the City of
Tustin and to transport such refuse to places of disposal,
~esires t~at Contractor be en~aged to perform such services on
the basis set forth in this Agreement.
NO~, THEREFORE, in consideration of the respective and
mutual covenants and promises hereinafter contained and made, and
sub3ect to all the terms and conditions hereof, the parties
hereto ~o hereby agree as follows:
1. brant o~ Contract:
City hereby grants to Contractor, for the term
hereinafter set forth, the exclusive contract, right and
privilege to collect and transport to a legally authorized
disposal site or sites all solid waste producea, kept, and/or
accumulated in the City of Tustin, and Contractor, subject to the
terms hereof, hereby accepts and agrees to faithfully perform
such contract anO obligation.
It is agreed that the Contractor shall have the exclus-
ive right Guring the term of this Agreement, and all renewals
thereof, to collect, receive, transport and dispose of any and
all general refuse, construction refuse and bulky items generated
by or within the City or under its 3urisdicti.on, and to charge
the fee then in effect for such services. The area to be
serviced by Contractor herein shall incluOe both the present and
future bounGaries of the City.
2. Term:
The term of this Agreement shall be for a period of
five' (5) years commencing on the first day of July, 1983, and
ending on the last Gay of June, 1988.
Option: This Agreement may be reneweG ~or an
additional period of five (5) years from and after the eno of the
termination year, at the option of City, upon giving notice of
intention to exercise this option to Contractor, in writing, on
or before sixty (60) days prior to June 31, 1988.
3. Contract Documents:
The contract documents consist of the ordinances of the
City of Tustin reuulating solio waste collection as the same
exist or as may be amenOed, this Agreement, the performance bond,
and all other required documents which are hereby incorporated
and made a part of this Agreement as though set forth in full
herein and are considered as one and not severable.
4. Service:
All persons occupying or maintaininG a place of
residence in single-family dwelling units or in multi-family
dwellings of three (3) or fewer units within the contract area
shall be proviGed regular collection service unGer this Agree-
ment, not less often than weekly, and on a scheGule approved by
City.
Ail persons occupying or maintaining other
within the contract area shall also be provided
collection service unaer this Agreement.
premises
regular
Multi-family Gwellings ot ~our (4) or more units and
con~ercial service accounts shall be collected at the frequency
fo'r which they shall contract providing it is adequate to
maintain the premises so served in a healthful and unlittered
condition.
5. Conformance with City ordinance:
Collection shall be made and the Contractor shall
operate in conformance with the ordinances of the City of Tustin
regulating solid waste collection.
6. Special and Hazardous Materials:
The Contractor shall provide haul service for
materials not routinely generated in resiaential areas. Said
materials shall be stored and placed in a manner approved by the
City and the Contractor. No hazardous wastes will be collected
by the Contractor unless specifically requested by the generator,
approve~ by the City, and agreed to by the Contractor.
7. office:
The Contractor shall establish and maintain a local
office and other facilities through which it can be contacted,
where service may be applied for, and complaints can be made. It
shall be equipped with sufficient local-call area telephones,
shall have a responsible person in charge during collection
hours, and shall be open during collection hours.
8. Equipment:
(a) Vehicles used by Contractor in the collection and
disposal of solid waste shall be in a safe and operable condi-
tion. No materials shall leak, fall or be spilled from any such
vehicles or bins attached thereto.
(b) Containers to be used by multi-family (four or
more units), industrial and commercial units shall be provided by
Contractor. Said containers shall be of proper design and
adequate size and with suitable operable lids, where needed, so
as ~o contain all contents therein in such manner so as to
promote good housekeeping conditions. Containers shall be
maintained in a reasonable state of repair, painted and of
presentable appearance.
9. Charges and Rates:
For services required to be performed under this
Agreement, the charges shall not exceed the rates as fixed Dy the
City from time to timepursuant to the provisions of this Agree-
ment. For solid waste collected in the manner herein provided,
the rates shall not exceed the following:
(a) Residential: For single and three (3) or fewer
multi-family units with non-bin regular service
(b)
(c)
Once weekly at curb or a~ley with materials stored
in approved containers or manner, and collection
limited to 200 pounds o~ solid waste per week, the
charges shall be paid by City to Contractor in
accordance with attached Schedule "A".
Commercial, Multi-Family and other: Service to
premises other than those covered by paragraph (a)
above shall be as follows:
Commercial, multi-family (four or more multi-
iamily units) and other service shall at such
~requency anO at such location as shall be agreea
upon by the Contractor and the customer, with
materials stored in approvec containers or manner,
caarges to be paid by customer and collected by
the Contractor, in accordance with attached Sched-
ule "A". Special handlin9 charge~ may be
necessary in addition to the attached scheoule.
The Contractor shall pay to City a Franchise Fee
of two percent (2%) of the gross receipts of
commercial service.
Special Hauling Service: For (i) collections
requested Dy occupants or owners of bulky
materials, (ii) large items requiring special
handling and pickup at times other than normally
schedule, (iii) solid waste contained in approved
containers, containers provided by the Contractor
or approved bundles at approved locations, and
(iv) items requiring special handling due to
size, weight, type of material, or method of
placement, the charges are to be negotiated
between Contractor and generator prior to
collection. If agreement cannot be reached, the
matter may be submitted to the City, and its
~ecision shall be binding. The charges shall be
paid by customer and collected by the Contractor.
Contractor shall pay to City a Franchise Fee of
two percent (2%) of the gross receipts for such
service.
(d) ~ate Ao3ustments:
(i) Annual Unit ~ecomputations: The number of
single-family and multi-family dwellings of three
(3) or fewer units on a per unit basis shall be
recomputed annually by the City not later than to
be effective July 1st of each year commencing July
!, 1984, to be effective prospectively for the
fiscal year commencing on July 1, and the per unit
fees to be paid by City to Contractor for services
to be rendered during that year will be based on
that recomputation. It is agreeo that as of July
10.
1, 19~3, the number of residential units is
(ii) Annual Regular Rate Adjustment: Refuse
collection rates covering all fee classifications
of rates and charges herein referred to shall be
adjusted not less than annually to be effective
prospectively on July 1 of each year of the term
of this Agreement, commencinG July 1, 1984. The
formula to be utilized for such adjustment shall
be based upon the following: The City and
Contractor agree to use a weighted average for the
purpose of computinG any such rate adjustments.
The cost components of said weighted average, as
hereinafter set forth in Schedule "S" applied to
each cost component set forth on Schedule "B" will
be a percentage of increase or decrease that is
'obtained from an established inaex, e.g., County
of Orange, utilizin9 cost components to which the
percentage increase in said index results in a
final figure which will be a portion of the
percentage of rate adjustment to be applied. The
total of said rate adjustment of each cost
component shall then be the percentrage of rate
increase that is to be applied to all refuse
collection rates previously established udner .the
terms of this Agreement. It is understood that
the cost components in. the aggregate set torth in
Schedule "B" are the said cost components agreed
upon by the Contractor and City. The other num-
bers set forth 'in the column of percentages and
rate of increase are by way of example only. The
percentage of rate increase utilizing the
foregoinG method shall be determined by the City
however, the Contractor shall have the right to
review the calculations for the purpose of verify-
ing the authenticity of the index and the
percentages utilized.
(iii) Gate and Transfer Station Fees: In addition
to the charges prescribed in this paragraph 9,
there shall be added, from time to time, the
amount which will be the actual, proportional,
additional amount necessary to compensate
Contractor for any increase in gate fees imposed
by the County of orange after July 1, 1983, at
solid waste disposal sites uutilized by Contractor
for disposal of solid waste collected within the
City of Tustin and for any fees imposed by the
County of Orange for utilization of transfer sta-
tions.
Changes in Manner of Collection and Payment of Charges:
City shall pay Contractor for the services to be pro-
vided in paragraph 9(a) and all other ~ees and charges ~or ser-
vices to be proviGed by Contractor shall be paid for by the
generator of solid waste and collected by Contractor. ?rovide~,
however, that City shall have the option from time to time and
upon thirty (30) days written notice to Contractor, to have the
charges for services provided to single-family residences and to
multi-family residences o~ three (3) or fewer units paid by
customer and collected Dy Comtractor directly, provided that the
amount which may be charged by Contractor ~irectly to customer
may be increase~ Dy sixty cents ($0.60) per dwellin~ unit as an
a~Ge~ cost of collection auring any period that Contractor is
e~fecting collection directly.
11. Location:
Ail solid waste shall be placed at a location that is
readily accessible to the Contractor's personnel, as described in
the City ordinances.
12. Recycling Rights:
The City shall not 9rant to any other person or firm
the exclusive right to collect any specified type of refuse for
recycling purposes until Contractor has been offered such right
on the same terms and conditions and has declinea to accept it.
13. Compliance With Law:
Contractor shall fully comply with each, every and all
o~ the laws of the United States of America, the State o~
California, the ordinances of the City of Tustin and the Tustin
City Code, specifically including Chapter 3 of Article IV
commencing with Section 4311, as said laws, ordinances and code
now provide and as may be amended hereafter.
14. Number of Copies:
This Agreement may be execute~ in any number
counterparts, all o~ which shall have full force and effect of an
original for all purposes.
15. Law to Govern:
This Agreement shall be ~overned by the laws of the
State of California both as to interpretation and performance.
16. Modification:
This Agreement constitutes the entire Agreement and
understanding between the parties hereto, and it s~all not be
considered modified,, altered, changed, or amen~e~ in any respect
unless in writing an~ signed by the parties hereto.
17. Right to Require Performance:
The failure of the City at any time to require
performance by the Contractor of any provisions hereof shall in
no way affect the right of the City thereafter to enforce same.
Nor shall waiver by the City of any breach of any provisions
hereof be taken or helG to be a waiver of any succeeding breach of
such provisions or as a waiver of any provision itself.
1~. Point of Contact:
Ail dealings, contacts, etc. between the Contractor and
the City shall be directed by the Contractor to the City Manager.
19. Illegal Provisions:
If any provision of the Agreement shall be declared
illegal, void or unenforceable, the other provisions shall not be
affected but shall remain in full force amd effect.
20. Notice:
A letter adaressed and sent by certified bnited States
mail to either party at its business address shown below, or as
hereafter prescribed in writing by either party to the other,
shall be sufficient notice whenever required for any purpose in
this Agreement:
City o~ Tustin
300 Centennial Way
Tustin, Ca. 92680
SCA Services of Orange County
Post Office Box 2005
Santa Ana, Ca. 92707
ATTN: City Manager
21. If any action is filed to enforce or interpret any of
the provisions of ~his Agreement, the non-prevailing party ag'rees
to pay the prevailing party reasonable attorneys' fees and costs.
22. Effective Date:
This Agreement shall become effective forthwith upon
execution and the Contractor shall begin collection of the solid
waste as provided herein on July 1, 1983.
CITY:
CITY OF TUSTIN
CONTRACTOR:
SCA SERVICES OF ORANGE COUNTY
BY:
ATTEST:
Mayor
BY:
City Clerk
APPROVED AS TO FORM:
JANES G. ROURKE, City Attorney
JGR:se:R:6/23/83 (9.se)
SCHEDULE A
CHARGES AND RATES
Residential: Single and three (3) or fewer multi-family
units; non-bin regular service once weekly at curb or alley;
maAerials stored in approved containers or manner, collec-
tion limited to two hundred (200) pounds of solid waste per
week. Charges to be paid by City to Contractor:
Per Dwelling Unit Served
MONTHLY CHARGE
$3.50
Commercial and Other: Service to premises other than those
covered by paragraph "a" above shall be provided by bin
service of size, frequency and location as shall be agreed
upon by Contractor and customer; materials shall be stored
in approved containers and manner; charges shall be paid by
customer and collected by Contractor. Contractor shall pay
a franchise fee to City of two percent (2%) of the gross
receipts for such services. Charges ~or such bin service
shall be as follows:
BIN ~CHEDULE: Full Service, Lids, Wheels, Normal
Rollouts, Normal Cleaning and Maintenance:
SIN 5IZE
Cubic Yards
FREQUENCY OF COLLECTION
Times Per Week
MONTHLY CHARGE
1
2 $
3
4 $
5
6 $
1
2
3
4 $
5
1 $
2 $
3
4
5
6 $
¸Co
Special Haul Services: Collections requested by occupants
or owners, of bulky material, large items requiring special
handling and pickup at times other than normally schedule~:
(1) For solid waste contained in UNIT PRICE
approved containers, contain-
ers provided Dy Contractor or
approved bundles at approveG
locations.
bp to 3 cubic yards, left on
left on premises for at least
3 days:
Per cubic yara
In'excess of 3 cubic yards, le~t
on premises for at least 3 days: Per cubic yard
Charges shall be paid by customer and collected by
Contractor. Contractor shall pay a franchise fee to City of
two percent (2%) of the gross receipts for such services.
(2)
For items requiring special handling due to size,
weight, type of material, or method of placement, the
charges are to be negotiated between Contractor and
generator prior to collection. If agreement cannot be
reached, the matter may be submitted to City, and its
decision shall be binding. Charges to be paid by
customer and to be collected by Contractor. Contractor
shall pay a Franchise Fee to City of two percent (2%)
of the gross receipts'for such services.
SC~£DUL£ B
W~IGHTED AVERAGE
REFUSE RATE INCREASE COMPUTATION
COST COMPONENTS
Example No. 1
Average Hourly Earnings
Gasoline
Motor Trucks
General Purpose Machinery and Equipment
Automobile Parts anG Equipment
Fabricated Structural Metal Products
All Other
WEIGHT
0.3325
0.O800
0.0700
0.1431
0.0244
0.0200
0.3300
TOTAL 1.0O00
Example No. 2
CONSUMER PRICE INDEX WEIGHTED AVERAGE METHOD
Percentage
Change in
Components
Percentage
Change in
InGex
Weighted Increase
Factor For For Rate
Component Calculation
LABOR COSTS 5.5% 46% 2.5%
This percentage increase comes from the Bureau
of Labor Statistics for Sanitary Industry or
Collector contracts.
VEHICLE OPERa, TING COSTS
Fuel Costs
Finished Lubricants
Tires and Tubes
Motor Trucks
58
32
18
6
114
Total % Increase
28.5% 33% 9.4%
divided by 4 = average change
in index
These percentawe increases come ~rom the Bureau
o~ LaDor Statistics (Proauce Price Index for
Commodity Groupings)
10
15.0% 21% 3.2%
ALL OTHER
Index Change ~or this category would come
from Bureau .of Labor Statistics (Consumer
Price Index for Los Angeles, Long Beach and
Anaheim ~or all itemS)
TOTAL INDUSTRY INCREASE
15.1%
11