HomeMy WebLinkAbout19 WASTE DIVERSION PRG 03-21-05
AGENDA REPORT
Agenda Item ----1L-
~ ~
Reviewed:
City Manager
Finance Director ~
MEETING DATE: MARCH 21, 2005
FROM:
WilLIAM A HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT
TO:
SUBJECT:
APPROVAL OF 1) A DIVERSION SERVICES AGREEMENT WITH
FEDERAL DISPOSAL SERVICES, INC.; 2) A RATE ADJUSTMENT FOR
COMMERCIAL SOLID WASTE SERVICE; AND, 3) AMENDMENT NO.2
TO THE SOLID WASTE MANAGEMENT SERVICES FRANCHISE
AGREEMENT
SUMMARY
In December of 2004, the California Integrated Waste Management Board (CIWMB)
approved a City request to grant a time extension to comply with state waste diversion
requirements. The City was required to agree to a "Plan of Correction" to implement
certain programs by the end of 2005 to improve the City's solid waste diversion rate.
The City has received a cost proposal from Federal Disposal Service, Inc., the City's
Solid Waste Franchisee, to immediately implement the required programs. The
proposed cost of the new programs is $977,403 and will require a rate increase for all
commercial customers. In addition, staff is recommending approval of an amendment
to the Franchise Agreement to implement an offer by Federal Disposal Service to forego
a request for a PPI rate adjustment in 2005.
RECOMMENDATION
Staff recommends that the City Council: 1) Approve the Diversion Services Agreement
with Federal Disposal Service, Inc.; 2) Approve a rate increase for all commercial
customers; and, 3) Approve Amendment No.2 to the Solid Waste Management
Services Franchise Agreement.
FISCAL IMPACT
The City collects a 2% franchise fee on commercial solid waste services. Staff anticipates
that franchise fee revenue will increase by approximately $39,000.
BACKGROUND
Since the year 2000, cities and counties have been required to demonstrate that 50% of
solid waste generated in the jurisdiction has been diverted from landfill disposal. To
date, the City of Tustin has not attained compliance with this requirement. In 2002, the
City received a two year time extension to implement various diversion programs
related to the City's Solid waste Franchise Agreement with Federal Disposal, Inc. (the
"Franchisee"). The time extension expired at the end of 2004 without the 50% diversion
requirement being attained.
Approval of 1) A Diversion Services Agreement with Federal Disposal Services, Inc, and, 2)
A Rate Adjustment for Commercial Solid Waste Service, and, 3) Amendment #2 to the
Solid Waste Management Services Franchise Agreement
March 21,2004 .
Page 2
In December of 2004, the California Integrated Waste Management Board (CIWMB)
approved the City's request for a one-year time extension to allow the City to implement
expanded programs to improve the City's solid waste diversion rate. The Plan of
Correction approved by the state requires a 10% increase in diversion as measured
against the year 2002. An increase in single family waste diversion increase can be
largely accomplished with an enhanced public education and outreach effort with very
minimal costs. Increased construction and demolition waste diversion is a City
responsibility and is already being accomplished by the City's C&D Ordinance which the
City Council modified in February. More than 50% of the waste collected by the City's
hauler is generated by business and multifamily customers. Single family customers
consistently divert 50% of their waste. The new programs in the Diversion Services
Agreement are largely focused on commercial customers as these customers are not
participating in programs sufficiently to achieve 50% diversion. The CIWMB identified
programs and the minimum required improvement in waste diversion are listed in the
table below.
Expand Single Family Residential
Commercial Onsite Source Separation
Construction & Demolition Waste
Commercial Transformation (Waste to Energy)
Multi Family Source Separation
TOTAL
1
2
3
2
2
10%
Additional
Diversion
Tonnage
1,267
2,533
3,800
2,533
2,533
12,666
Program
% increase
The City and FDS disagree about the scope of FDS' obligations under the Franchise.
The City believes that FDS is already obligated to perform diversion services to insure
that 50% of the City's solid waste stream is diverted from landfills. However, in the
interest of expeditiously implementing the CIWMB Plan of Correction, the City and FDS
have agreed to disagree on this point and move forward with a stand alone diversion
services agreement while reserving each party's rights under the existing Franchise
agreement.
Approval of 1) A Diversion Services Agreement with Federal Disposal Services, Inc, and, 2)
A Rate Adjustment for Commercial Solid Waste Service, and, 3) Amendment #2 to the
Solid Waste Management Services Franchise Agreement
March 21, 2004
Page 3
The commercial program consists of a phased transition to a source-separated program
for commercial and multifamily customers. In order to achieve an immediate increase in
diversion, sufficient quantities of waste from commercial and multifamily customers will
initially be sent to area material recovery facilities and to waste to energy, if needed.
FDS will concurrently deploy special bins to selected multifamily customers and other
bins will be deployed to the highest waste generating business customers. A program
cost summary is provided below.
FDS Diversion Services Proposal
Education and Outreach costs
Reporting to City and CIWMB
Sub Total
Collection Costs
$ 23,000
$ 85,200
$ 17,500
$ 125,700
$ 156,417
$ 149,616
$ 374,040
$ 680,073
$ 108,380
$ 63,250
$ 171,630
$977,403
Materials
Field VisitsNerification
Labor
Equipment
Materials
Sub Total
Additional Waste Processing Costs
MRFing
Transformation
Sub Total
TOTAL PROPOSAL
Due to the high proportion of commercial and multifamily waste in the City's total waste
stream, the CIWMB has consistently emphasized the City's responsibility to improve its
diversion of commercial and multifamily waste. The programs identified in the CIWMB
plan of correction reflect this emphasis and consequently, staff is proposing that the
entire cost of the new programs be borne by those customers. The proposed program
will result in a 59% increase in commercial customer rates. For the most common
customers who are serviced 3 times a week with a 3 yard bin, the rate increase is
$75.94 or $911 annually. However, many customers will have an opportunity to avoid
these increases if they choose participate in the source separation programs. A review
Approval of 1) A Diversion Services Agreement with Federal Disposal Services, Inc, and, 2)
A Rate Adjustment for Commercial Solid Waste Service, and, 3) Amendment #2 to the
Solid Waste Management Services Franchise Agreement
March 21,2004
Page 4
of the commercial solid waste rate history shows that the proposed commercial rates
will remain lower than the rates charged by the City's prior hauler in the last year (2000)
of their contract. In addition, the proposed rates are about average with other Orange
County agencies. Exhibit 2 shows the proposed rate schedule and includes the rate
history and a current partial survey of county commercial solid waste rates.
In an effort to soften the impact of this rate adjustment, FDS has also proposed to waive
its right to request a Producer Price Index ("PPI") rate adjustment for 2005 and not seek
the 2005 adjustment in 2006. Contract Amendment #2 to the Franchise is required to
reflect this offer and is attached as Exhibit 3.
In conclusion, staff recommends that the City Council 1) approve the Diversion Services
Agreement with Federal Disposal Service, Inc.and, 2) approve an immediate 59% rate
increase for all commercial customers and, 3) approve Amendment #2 to the Solid
Waste Management Services Franchise Agreement.
fr~
Director of Public Works/City Engineer
Manager
Exhibit 1 Diversion Services Agreement
Exhibit 2 Commercial solid waste services rate schedule
Exhibit 3Amendment #2 to the Solid Waste Management Services Agreement
Approval of FDS Diversion Svcs. Agmtdoc.
Exhibit 1
Diversion Services Agreement
DIVERSION SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this - day of March, 2005, by and
between Shubin Services, Inc., a California Corporation doing business as Federal Disposal
Service (hereinafter referred to as "FDS") and the CITY OF TUSTIN, a California municipal
corporation (hereinafter referred to as "CITY"), together referred to as "Parties."
RECITALS
WHEREAS, on June 5, 2000 FDS and CITY entered into a franchise agreement for
integrated solid waste management services (the "Franchise") as a consequence of FDS having
been the lowest bidder of the competitively bid franchise for integrated solid waste services; and
WHEREAS, CITY staff maintains that the Franchise imposes upon FDS a waste
diversion requirement consistent with the California Integrated Waste Management Act of 1989
(Cat. Public Resources Code §§ 40000 et seq.) (the "Act"); and
WHEREAS, the parties have different opinions pertaining to the scope and extent of
responsibilities imposed by the Franchise upon FDS with respect to diversion programs and
activities (The "Disputes"); and
WHEREAS, the CITY has not met the diversion goal required by the Act and a first time
extension was granted by the California Integrated Waste Management Board ("IWMB") on
November 20, 2002; and
WHEREAS, the CITY has applied for and obtained on December 14, 2004, a second
time extension from the IWMB; and
WHEREAS, the CITY is required as a condition of the second time extension to perform
specified diversion programs within certain time frames, including monthly reports to the
IWMB; and
WHEREAS, the terms and conditions of the IWMB-approved second time extension are
contained within the Time Extension Application revised July 24, 2004, and approved at the
IWMB's meeting on December 14, 2004, Agenda Item 14, Attachment 5 thereto, and are
restated and supplemented in the Plan of Correction, Programs Supporting Diversion Activities,
and as supplemented in the Program Implementation Work Plan, which are attached hereto as
Exhibits "A" and "B" and incorporated herein by this reference.
WHEREAS, the City desires the services of FDS to perform certain of the Programs and
Tasks described in Exhibit "A" and "B" herein in accordance with the deadlines specified
therein, and in accordance with the Franchise; and
WHEREAS, FDS is willing to perform the work described above at the rates described in
the Cost Proposal attached herein as Exhibit "c" and incorporated herein by this reference; and
Tustin-FDS Diversion Services Agreement
197164_7
Page 1 of6
[3/16/05J
WHEREAS, the parties desire to reserve and preserve their legal rights under the
Franchise, while providing for the terms and conditions of an Agreement for diversion services.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the
parties agree as follows:
AGREEMENT
1.0 TERM, RENEWAL AND TERMINATION. Unless terminated earlier in
accordance with this Agreement, this Agreement shall remain in force until September 30, 2007.
At any time during the term hereof, the obligations of the parties hereunder may be terminated in
accordance with the provisions of Section 5 below. CITY may notify FDS upon termination of
this Agreement that it continues to need the services of FDS while transitioning to another
contractor with regard to the services provided hereunder. Upon receipt of such notice, FDS
shall continue to provide services hereunder subject to the compensation agreed to hereunder for
the work performed by FDS.
2.0
RESPONSIBILITIES.
2.1. FDS. Except for Section 4 of the Program Implementation Work Plan
("Work Plan") pertaining to C&D Waste regulation, FDS shall perform all of the services
specified in Exhibit "A," in compliance with the due dates in Exhibit "A" and in compliance
with the program descriptions in Exhibit "B," the Plan of Correction. However, upon fifteen
days notice to FDS, CITY may elect to perform certain services as described in Section 2.2
below. Further, certain tasks identified in Exhibit "A" have completion dates that expired prior
to the date of this Agreement. As to such tasks, FDS shall employ its best efforts to complete
such tasks as soon as practicable.
2.2 CITY. Subject to providing FDS fifteen days written notice of its
intention to perform any of the services identified in Exhibit "A" as "Possible City-only tasks."
Furthermore, performance by CITY of any of the "Possible City-only tasks" is subject to a
corresponding adjustment in the compensation identified in Section 3 below, including the
payment to CITY by FDS of the rates or portions of the rates collected by FDS covering said
services.
3.0.
CONSIDERATION.
3.1 RATES. Subject to the reservation of rights in Section 4 below, FDS shall
be compensated for the services FDS performs under this Agreement based upon the schedule of
rates and charges specified in Exhibit "C," provided that FDS shall not collect increased rates
until such time that the corresponding services agreed to under this Agreement have been
implemented. Rates shall be based on FDS' actual out of pocket costs, with an administrative
fee not to exceed 25% ("Actual Costs"). FDS shall amortize bins over 2 years with a 50%
residual value, in-house recycling receptacles over 2 years, and trucks over 7 years.
Tustin-FDS Diversion Services Agreement
197164_7
Page 2 of6
[3/16/05]
3.2
AUDITS. Right to Audit.
(a) Upon ten days prior written notice, CITY shall have the right to inspect
and audit all FDS documents pertaining to or related to the services performed under this
Agreement. Access by CITY to any documents covered by this subsection may not be denied by
FDS on grounds that those documents are alleged to contain proprietary information. To the
extent permitted by law, information derived from any records identified by FDS as being
proprietary will be held in confidence by CITY.
(b) If CITY's audit reveals a discrepancy in calculations or the collection of
fees is in excess of the Actual Costs of the services provided by FDS, within 15 days of so being
notified by CITY in writing, FDS shall reimburse CITY on behalf of the ratepayers or shall
provide rebates to ratepayers, as elected by CITY, for such excess fees. If payment is not made
within said 15 day period and a bone fide dispute with respect to the result of such audit does not
exist, FDS must pay to CITY an interest charge against the amount due, computed from the
applicable due date, at a rate of one percent per month (1 %/mo.) compounded monthly until fully
paid.
4.0 RESERVATION OF RIGHTS, NON-WAIVER AND TOLLING OF STATUTE
OF LIMITATIONS.
4.1 Nothing contained in this Agreement, or the execution thereof, shall
contract away, modify, abridge, impair or affect, in any way, or to any extent, the right of CITY
or FDS to exercise any and all rights and remedies granted to either party under the Franchise,
nor shall the execution of this Agreement constitute a waiver of any such rights. More
specifically, the Parties acknowledge that CITY contends that most if not all of the services
stipulated to herein are within the duties and responsibilities of FDS under the Franchise, for
which FDS is not entitled to additional compensation. On the other hand, FDS contends that
most if not all of the services stipulated to herein are new, additional, or extraordinary services
for which FDS is entitled to additional compensation under the Franchise. CITY and FDS
hereby reserve any and all rights to bring an action to adjudicate these issues.
4.2 The parties agree that any statute of limitations period, statute of repose
period, equitable defense of laches, or any other time-related defense that may be applicable to
any claim or cause of action that one party may have against the other based upon or arising from
any acts or omissions of anyone of the parties, its representatives, agents, employees, contractors
or successors in interest, relating to the Franchise, shall hereby be tolled from the effective date
of this Agreement through and including the term or earlier termination of this Agreement as
provided in Sections I and 5 herein.
4.3 This Agreement shall not constitute a waiver or release of any defense of
either party based on the running of time under an applicable statute of limitations or by way of
estoppel, laches or other time related defense which arose, accrued, or would have barred any
claim relating to the subject matter of this Agreement prior to its effective date, or which, in
conjunction with other time periods not affected by this Agreement, would have or will bar such
claims. Furthermore, by this Agreement, neither party waive their rights to assert any other
Tustin-FDS Diversion Services Agreement
197164_7
Page 3 of6
[3/16/05]
defense or objection to any claims related to the subject matter of this Agreement other than as
expressly provided herein.
5.0 TERMINATION. FDS or CITY may terminate this Agreement with or without
cause effective 60 days after written notice to the other party of its election to so terminate. In
the event that CITY terminates this Agreement without cause, FDS shall be entitled to
compensation in an amount equal to FDS' expenditures for capital equipment required as a result
of this Agreement, prorated as of the effective date of termination, provided that CITY may
require FDS to transfer the capital equipment for which it is receiving compensation to CITY or
to a CITY contractor by written order executed by the City Manager.
6.0.
GENERAL CONDITIONS AND PROVISIONS.
6.1 SUBCONTRACTORS. Upon the approval of CITY, FDS may utilize
qualified subcontractors to perform any or all of its duties.
6.2 NOTICE. All notices under this Agreement shall be in writing and shall
be delivered by personal service or by certified or registered mail, postage prepaid, return receipt
requested, of the parties. Any written notice to any of the parties required or permitted hereunder
shall be deemed to have been duly given on the date of service if served personally or if served
by facsimile transmission (with confirmation of receipt), or seventy-two (72) hours after the
mailing. Rejection or other refusal to accept or the inability to deliver because of changed
address of which no notice was given as provided hereunder shall be deemed to be receipt of the
notice, demand or request sent. Notices of the parties shall be addressed as follows:
To CITY
Tim D. Serlet, Public Works Director
City of Tustin
300 Centennial Way
Tustin, CA 92780
To FDS
Don Shubin, President
Federal Disposal Service
15031 Parkway Loop, Suite A
Tustin, CA 92780
Each party shall provide the other party with telephone and written notice of any change in
address as soon as practicable.
6.3 INSURANCE AND INDEMNITY. The Insurance and Indemnity
provisions of the Franchise shall apply to the services provided under this Agreement.
6.4 GOVERNING LAW. This Agreement shall be governed by, construed in
accordance with, and interpreted under the laws of the State of California and shall be deemed to
have been entered into in Tustin, California for purposes of venue no matter where actually
executed.
Tustin-FDS Diversion Services Agreement
197164_7
Page 4 of6
[3/16/05J
6.5 SEVERABILITY. If any provision of this Agreement shall be determined
to be contrary to law or unenforceable, the remaining provisions shall, at the option of the party
who would have been benefited by such unenforceable provision, be severable and enforceable
in accordance with their terms.
6.6 ENTIRE AGREEMENT. Except for the Franchise, this Agreement and
Exhibits attached hereto constitute the entire agreement between the parties regarding the subject
matter herein and supercede any prior oral or contemporaneous oral agreement. No changes to,
modification of, or additions to the Agreement shall be valid unless the same shall be in writing,
signed by all parties hereto and made in accordance with the provisions of this Agreement.
6.7 AMENDMENTS.
signed by all parties hereto.
This Agreement may be amended only in writing
6.8 HEADINGS. The article headings contained in this Agreement are
inserted for convenience only and shall not affect in any way the meaning or interpretation of the
Agreement.
6.9 MISCELLANEOUS. Each party to this Agreement has had an
opportunity to review its terms with counsel of their choosing, and the provisions of this
Agreement shall not be construed as against the preparing party. The masculine and neuter
genders, the singular number and the present tense shall be deemed to include the feminine
gender, the plural number and past and future tense, respectively, where the context so requires.
6.10 FURTHER DOCUMENTS AND ACTIONS. The parties shall deliver
such other documents or take such other actions as any other party may reasonably request in
connection with the consummation of or evidencing the transactions contemplated in this
Agreement.
6.11 COUNTERPARTS. This Agreement may be executed in multiple
identical counterparts, each of which shall be deemed an original, but all of which together will
constitute one and the same instrument but the parties agree that the agreement on file in the
Office of City's City Clerk is the version of the agreement that shall take precedent should any
differences exist among counterparts of the document.
6.12 ATTORNEY'S FEES. The Parties each agree that, in the event of any
breach of this Agreement, the prevailing party shall be entitled to recover from the other party, in
addition to any other relief provided by law, such costs and expenses as may be incurred by said
prevailing party, including court costs, attorney's fees, and other costs and expenses, taxable or
otherwise, reasonably necessary in preparing the case, defending against an action, or seeking or
obtaining an injunction or defending against, such action or proceeding, or in enforcing this
Agreement, or in prosecuting any counterclaim or cross-complaint based thereon.
[SIGNATURE PAGE FOLLOWS]
Tustin-FDS Diversion Services Agreement
197164_7
Page 5 of 6
[3/16/05]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
CITY OF TUSTIN
SHUBIN SERVICES, INC. DBA
FEDERAL DISPOSAL SERVICE
By:
By:
Lou Bone, Mayor
President
Attest:
Approved as to Form:
By:
By:
City Clerk
Attorney
Approved as to Form
By:
City Attorney
Attachments:
Exhibit A:
City of Tustin's SB 1066 Program Implementation Work Plan ("Work
Plan")
Exhibit B:
Section IV A-Plan of Correction
Exhibit C:
Cost Proposal
Tustin-FDS Diversion Services Agreement
197164_7
Page 6 of6
[3/16/05]
-.. -..--....---.---..- .-....... '-".-..-.._...._m.._..
Program and Tasks Year: 2004 Due Dates Year: 2005 Due Dates
Jan Feb March April Aug Sept Oct Nov Oec AU!! Sept Oel Nov Dee
~=Iø Proarams.- ï2ÖOG-RC-~~:~bl" and
A. City will coordinate with its hauler to perform random
quality control inspections for 2% of single family units X X X X X X X X X X X X X
throughout the year. [200o-RC-GRBJ [Possible City-only
lask¡"
B. Contael will be made in person or by written
communication for homes that are unoccupied during X X X X X X X X X X X X X
working hours. 1200o-RC-CRB11Posslbla clIv-onlv-laskl
C. Contacts followed up by monitoring and follow-up
inspections every two months. [200o-RC-CRBJ [Possible X X X X X X X X X X X X X
Clt¥-onlv taskl
O. Increase the level of residential outreach through
brochures and quarterly news releases on the status of X X X X X X X X X X X X X
the residential nmaraons. 20oo-RC-GRBI
E. Replace signago on ins peeled, damaged, exchanged.
and or, replaced carts with new updated recycling and X X X X X X X X X X X X X
user sianaae. 12oo0-RC-CRB1-
F. Institute a bi-monthly reporting system. These reports
will be forwarded monthly to the aLA staff administering
the city's 1066 p~C so all parties can be current on the X X X X X X X
status of implementation. [lime Ext. § 1l1A.1 NarrativeJ
lPasslble k
2. Expand co g program to Ine.......
diversion from businesses. [203G-RC-OSP; &GIG-PI-
ElN1
A. Performing route audits to 100% of
commercial/industrial business customers to identify
recyclables in the landfill steam. Results will be included X X X X X X X X X X X X X X X X
in scheduled monitoring reports to CIWMB.
[SUPPORTING TASK EXPECTED BY CIWMB STAFF]
¡Possible CIty-only task1
B. Contact tap generators. train generator, deliver
customers identified with a 3-yrd mixed recycling bin free
of charge Results will be included in scheduled X X X X X X X X X X X X X
:~:=? :.:.%: g:O~i!=1 Ext. § iliA. 1
Tustin-FOS Diversion Services Agreement
Exhibit A-Page 1 of 4
Proaram and Tasks Year: 2004 Due Dates Year: 2005 Due Dates
Jan Feb March I Anri! June Julv Aun Sent Oct Nov 000 Jan Feb March I Anril June Julv Au" Sent Oct Nov Dee
C. Followup on program status/supplemental training
Results will be included in scheduled monitoring reports to X X X X X X X X X X X X X
CIWMB. mme Ext. 6111A.1 Narrative1
D. Monitor the use of bins for customer participation.
Complete survey on any program impediments and their
resolution. Results will be included in scheduled X X X X X X X X X X X X
monitoring reports to CIWMB. [6010-PI-EINJ IPoulble
city-only- taSk!
E. Industrial area routing to segregate high recyclable
I ~:n~wa~t~:1m ~:;'=1 deliver this for recycling. X X X X X X X X X X X X X X X
F. Commercial area routing to have driven¡ call in bins
with high recyclable content to a separate recycling truck
for collection. The number 01 calls will be logged and X X X X X X X X X X X X X X X X
I =~~nr~~~~a:~~~~~~~~~~~~1 01
G. Monitor and analyze program Monthly progress
meetings with hauler. Bi-monthly written reports on bin
delivery and generator contacts. Review monthly status X X X X X X X X X X X X X X
with CIWMB aLA staff. [Time Ext. § 1l1A.1 NarrativeJ
3. Expand Mu gp RC-
asp MULll-FAMILYI
A Collecting existing multi-family recycling separately to
obtain hard tonnage figures to be used in measuring X X X X X X X X X X X X X X X X
participation and diversion. [2030-RC-OSP MUL TI-
FAMILY]
B. UtIlize data from survey to request recycling diversion
~:";'~~::t~~~~~~ ~:,~c::~rs. [Time Ext. § X X X X X X X X X
C. Continued analysis 01 participation to determine il
current voluntary program can achieve targeted program
goals. Determine il mandatory source separated program
or mixed waste multifamily MRFing is the preferred choice. X X X X X X X
Results 01 analysis will be included in the monthly
I ~';:"':ir~:~~;"~k~ TIme Ext. § IIIA.1 NarrativeJ
Tustin-FOS Diversion Services Agreement
Exhibit A-Page 2 of 4
Program and Tasks Year: 2004 Due Dates Year: 2005 Due Dates
Jan Feb March I Anril June Julv Au" Sent Oct Nov Dee Jan Feb March I Anril June Julv Aun Sent Oct Nov Dee
D. Franchise Hauler will begin placing locking recycling
lids on all source separated recycle bins. The lids will
have trap doors that will prevent scavenging and minimize X X X X X X X X X X X X X X X
contamination. Signage will be updated and renewed
where wom or missing. [SUPPORTING TASK
EXPECTED BY CIWMB STAFF]
E. Monitor and analyze program Monthly progress
meetings with hauler. Bi-monthly written reports on bin
delivery and generator contacts. Review monthly status X X X X X X X X X X X X
:' C~=BS~~ stall=':I:~~~~";:~ EXPECTED
4. Expand C&D diversion [4060-SP-CAR] [NOT
APPLICABLE TO FDSl
A The City adopted a C&D ordinance in October of 2003.
They are currently managing the recycling plans X X X X X X X X X X X X
submitted by developers and contractors. [Time Ext. §
ilIA.! NalTativel
B. Revise current ordinance and submll to Council for X X
adootion. 1406(}-SP-CARI
C. Train City building stall in implementation of revised X X
ordinance. i4060-SP-CARI
D. Coordination with the Tustin Legacy developer(s) to
maximize C&D diversion Meetings with the developer will X X X X X X X X X X X X X
:::d ~~~~I~..,isNt~r::rrogram success and
E. Coordinate building plans/diversion plans with building
stall and hauler implementation. Written procedures will
be made available for city stall to reference in X X X X X X X X X X X X X
implementing the program. [SUPPORTING TASK
EXPECTED BY CIWMB STAFF]
F. Monitor and analyze program Monthly progress
meetings with hauler. Bi-monthly written reports on bin
delivery and generator contacts. Review monthly status X X X X X X X X X X X X X
with CIWMB aLA stall. [SUPPORTING TASK EXPECTED
BY CIWMB STAFF]
5. Increase transtonnation [8000- TR-
A. The City will continue to maximize transfonnation. X X X X X X X X X X X X X X X X X X X X X X
: laooo-TR-ÍiIm
Tustin-FDS Diversion Services Agreement
Exhibit A-Page 3 of 4
Pro ram and Tasks Year: 2004 Due Dates
Jan Feb March iii June Ju Sept I öi:tTNOVToec
B. Monitor and analyze program Monthly progress
meetings with hauler. Bi-monthly Wlitten reports on bin I X I X I X I X I I I I X I X I I X I X I X
delivery and generator contacts. Review monthly status I I X X X X
with CIWMB aLA staff. [SUPPORTING TASK EXPECTEO
!as
X I I I X X X
X X X X X X X X X X X X X
Tustin-FDS Diversion Services Agreement
Exhibit A-Page 4 of 4
Section IV A-PLAN OF CORRECTION
A Plan of Correction is required by PRC Section 41820(a)(6)(B). The plan is fundamentally a description of the actions the jurisdiction will take to meet the 50% goal by the expiration of the Time Extension.
Residential % 17; Non-residential % 83
NEW or FUNDING DATE FULLY ESTIMATED
PROGRAM TYPE DESCRIPTION OF PROGRAM PERCENT
EXPAND SOURCE COMPLETED DIVERSION
To address the balTiers of contamination and lower participation rates. the City is proposing to continue to
monnor the program with aggressive efforts to minimize contamination and maximize resident partidpalion. The
City will coordinate with its hauler to peñorm random quality control inspections for 2% of single family units
throughout the year. Homes that are not participating, or that have high levels of contamination. will be contacted
in person or by written communication for homes that are unoccupied during working hours. These actions will
be followed up by monitoring and follow-up inspections on an as-needed basis. [See, exhibit A, Wort< Plan:
2()()()..RC-GRB 1.A,1.B,1.C]
Residential Curbside Expand To further address the lower than desirable partidpation rates. the City will be increasing the level of its Refuse Rate 31-0eo-05 0.5%
Mixed Recyclables residential outreach through brochures and quarterly news releases on the status of its residential programs. The
periods after the distribution of printed materials to the residents will be monitored to verily increased
participation and/or reduced rates of contamination. Finally. as part of the solution to reducing any existing
confusion over the program. the City has directed ns hauler to replace signago on inspected. damaged.
exchanged, and or, replaced carts with new updated recycling and user signage. [508, exhibit A, Wort< Plan:
1.D,1.E]
2000-RC-CRB Expand Same as above Refuse Rate 31-0eo-05 0.5%
Residential Greenwaste
City has identified that more time and assistance is required in order to fully implement the commercial recycting
portion of its proposed Plan of Correction (PaC). Specific barriers identified are (1) a lack of a specific
implementation plan that systematically targets the largest businesses in the City and. (2) inadequate staff
resources at both the City and the hauler level to adequately provide technical assistance and program
development. AI the current level of diversion n would appear that an additional 320 bins need to be placed to
divert a total of 1.600 tons per year. This would be a total of 480 bins out of a total of 650 commercial accounts in
203G-RC-OSP seNice throughout the City. The hauler has agreed with \he City that additional stalling resources are required
Commercial On-Site Expand to fully implement the plan and is dedicating a full-time employee to commercial recycling program development. Refuse Rate 31-0ec-05 2%
Pick up The City has also identified that the hauler needs more City support when first approaching businesses to enroll
them in a recycling program. City staff will be working with the hauler in making more initial contacts throughout
the commercial sector. The process for identifying additional accounts will begin with the largest 30 commercial
generators. The process of selection will continue with the next 30 largest and continue until City staff and
CIWMB are satisfied that all feasible accounts have been identified and that bins have been placed with
appropriate training and monnoring. [See, exhibit A, Work Plan: 2.8]
Tustin-FDS Diversion Services Agreement
Exhibit B-Page 1 of3
NEW or FUNDING DATE FULLY ESTIMATED
PROGRAM TYPE DESCRIPTlON OF PROGRAM PERCENT
EXPAND SOURCE COMPLETED DIVERSION
The program has encountered several baniers that prevented the program from achieving the diversion levels
identified in the finlt time extension. The resuR of these baniers has been a partial application of the intent of the
4060-SP-CAR Expand original ordinance. The City proposes a solution that a revised ordinance be prepared with more detailed Developer 30-Deo-O5 3%
[C&D RegulationsJ recycling requirements and be submitted to the City Council lor approval in FebNary of 2005. The City is
committed to devote sufficient stall resources. (See, ExhlbR A, Work Plan: 4.8, 4.C) [C&D RegsjCIIy-only
tasks nol applicable to FDS]
Belore addRional commercial tonnage is delivered lor transfonnation the Cily would propose that its commercial
2030-RC-oSP be fully implemented along with its other diversion programs in accordance with the CIWMB
8000-TR-WT Expand hierarchy of reduce, reuse, recycle, translonnation, and disposal. If the addRional diversion programs do not Refuse Rate 31-000-05 2%
provide the necessary diversion level then the City will explore the reliabilily of directing the required amount of
waste to the SERRF facility. [S88, Exhlbll A, Work Plan: S.A]
Program 7000-FR-MRF is now the applicable program that best addresses the City's Multifamily program. The
7000-FR-MRF New recyclables collected from this program will be delivered to Sunset Environmental lor transfer to Potential Refuse Rate 3O-0eo-05 2%
Industries lor MRFing. The residue from the program will be sent to the Long Beach SERRF WTE as part of
program 8000- TR-WTE. (See. ExhlbR A, Work Plan: 3.C)
Total Estimated Divenlion Percent From New and/or Expanded Programs 10%
Current Diversion Rate Percent From Latest Annual Report 46%
Total Planned Dlvenlion Percent Estimated 56%
Tustin-FDS Diversion Services Agreement
Exhibit B--page 2 of3
PROGRAMS SUPPORTING DIVERSION ACTIVITIES
PROGRAM NEW or DESCRIPTION OF PROGRAM DATE FULLY
TYPE EXPANDED COMPLETED
203G-RC-OSP Expanded Beginning August 1. 2004. the City's ftanchise hauler will begin collecting Multi-Family mixed recycling separately to track tonnage!fom business / industrial Ongoing
Mulli-Family so"",es. The City will study this data to identiJY and develop potential programs. [See, Exhibit A, WorkPlaD: 3.A)
The City will continue to expand education efforts to discourage green waste disposal in trash bins through the distributed of the green waste
recyding program brochure sent to landscape'" and all convnercial custome",. A very focused and consistent effort should produce very
tangible results. [See, Exhibll A, Work Plan: SA]
1he hauler consistently promotes recyding and source reduction at various community events such as the Spring Egg Hunt. Business Expo,
Chili Cook OIf/Street Fair. Concerts in the Part<. Broadway in the Part<. TIller Oays, Oinosaur Oash. Christmas Tree Lighting and numerous other
S020-EO-OUT Expanded community events by providing source separation containe",. Ongoing
1he hauler will also continue to educate the Public through public a public education booth at various City-wide events and now has a
communications coordinator to help maintain these ongoing efforts.
The hauler also offe", tou", of waste facilllies to convnunity groups and provides technical assistance to commercial custome",.
1he Citv has also olaced recvdino collection containe", throuohout 11 Dart< and recreation areas.
1he City's franchise hauler also now distributes single-family. multi-family. commercial business and green waste recyding program brochures
twice annually. Each brochure dearly describes each program and the different materials residents and businesses can recyde. [See, Exhlbll
5O2(}'EO-PRN Expanded A, Work Plan: SA] Ongoing
Brochures are distributed via mail, door-to-door, slle visits to property manage",. community group meetings, presentations, community events
and at cih,Hall~r5ee. Exhibll A. Wort< Plan: 6,Ai
1he City will perfolTIl spot follow up checks with commercial business custome", to be certain that refuse service reductions are occurring in
6010-PI-EIN Expanded accordance with the impact of recyding activities. The purpose of the monlloring activities is to insure that the economic benefits of reduced Ongoing
disposal bills is passed onto the participating businesses. This will create a positive economic incentive in addition to the reduced collection
rates for recyding bins. [See, Exhlbll A, Work Plan: 2.D]
Tustin-FDS Diversion Services Agreement
Exhibit _Page 3 of3
~2/22/2~~5 ~9: 18
7147348991
TUSTIN ENG
Exhibit C
-----
co.pot8le 0lIl- 15031 ParloNay Loop, Suit. A. Tustin, CA 92760
Mailing Add......: PO Box 14730 .Irvin~ CA 92623-4730
Telephone; 714 259-0908 . Fox: 714259-0533
February 18. 2005
Mr. Tim Ser1et, Director of Public Works
City of Tustin
300 Centennial Way
Tustin, California 92780
Re:
Price Proposal/City of Tustin
Dear Mr. Serlet:
In response to the Cíty letter dated February 10, 2005, please find enclosed this
company's price proposal.
Provided under separate cover from our company attorney will be a response to the
proposed "Diversion Services Agreement.~
Please let me know if you have any questions regarding this price proposal. Thank you.
Sincerely,
D~~
President
c:
Omar Sandoval, Esq
Mr. Bm Huston
Mr. Joe Meyers
Attachment: City l~er dated February 1O, 2005
City proposed Exhibit A, B, and C
Updated Rate Survey
PAGE 02/08
02/22/2005 09: 18
7147348991
TUSTIN ENG
PAGE 03/08
.
Public Works / Engineering
City of Tustin
300 Centennial Way
Tustin, CA 92780"3715
1714) 573"3150
..:.','!'" FAX (714) 734-8991
February 10, 2005
Donald Shubin, President
Federal DIsposal Service
15031 Parkway Loop. Suite A
Tustin, CA 92780
."'"
,.'"
Re:
CitY of Tustin' Diversion Services Aareement
Dear Mr. Shubin:
As you are well aware, the City has been granted a Second Time Extension, until
December 31, 2005, by the California Integrated Waste Management Board ("Board.),
acting under the California Integrated Waste Management Act of 1989. The extension
was needed because Federal Disposal Service (FOS) has not provided adequate
diversion services. Federal's recent abortivè effort to convince the Board of the meri~ of
their proposed programs exemplifies the problem for the City.
It is acknowledged ihat the City and FDg have a dispute over the scope of the services
and programs FDS must provide under the Franchise Agreement. We understand that
FDS wíll ,not perform the diversion services and programs that were approved In the
Second Time Extension without additional compensation. While the City believes none is
due, the City desires to take all reasonable and feasible steps as soon as possíbie to
cause the services and programs to be pert'omned. Therefore, the City is proposing in the
enclosed agreement that the dispute between FDS and the City be reserved for
resolution at another time. and that the parties preserve their rights. .
The proposed Diversion Services Agreement follows the Work Plan approved by the
Board and the anticipated compliance dates in the Second Time Extension. Exhibit A is
the Work Plan approved by the Board. Exhibit B is the Plan of Correction. Exhibit C is
the Cost Proposal that FDS needs to complete if it intends to sign the Agreement.
As to the cost proposal, the services outlined in Exhibit A for residential customers should
be easily accommodated by FDS under the existing rales. Consequently, no increased
rates should be proposed or will be considered for residential customers. The tasks and
programs in the Work Plan center on multi-family, commercial and industrial customers.
II
\
62/22/2005 0g: 18
7147348gg1
TUSTIN ENG
PAGE 64/68
Donald Shubin, President
Federal Disposal Service
February 10, 2004
Page 2 of 2
Finally, time is of tn. essence. It Is imperative for the City to receive the executed
agreement and completed cost proposal (Exhibit C) no later than 5:00 p.m. on February
16, 2005. Please note that except for the cost proposal, the City is not in the position to
negotiate this agreement, and at the very least expects an executed agreement with a
completed cost proposal within the time indicated above, or a statement that FDS will not
agree to the terms and conditions of the proposed agreement In that latter event, the
City will contract with another provider for the diversion services, and will consider its
legal and equitable remedies against FDS.
We look forward to your prompt reply.
Sincerely,
C / >cD. (};u I'-
William A. Huston,
City Manager
Enclosures
c:
Tim Serlet, Public Works Director
Lois Jeffrey, City Attorney
Joe Meyers, Administrative Servíces Manager
00
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Program-Task Total Current Revenue Revenue Shortfall Dr
Program- from Affected User Excess from
Program and Tasks Sub-item Cost Task Cost Class (Identify} Alfected User Class
-
1. Expand R""ldontlal Curbsld. Recyclabl.. and ORenwaste Programs. xxx 21.000 1,63!!,000
A.. CIty w!ll cooidinat. with fis hauler to periOIm "..dom qualily contml Inspeelions for 2% of .lngia family 1500 xxx 0
IUlils throughoul the Year
B. CD11tacl will be m_ln person or by_en oom...nloallon lor homes that are unoocupiedduring 1500 xxx 0
wondno haUlS
C. Col1\acls 10Rowed up by manitonrlg and lollow.up inspections every two months. 2000 xxx 0
0- Inorease the level or resJdenllal outre""" through brochu~ and quarteny"ews releases on the status 01 10000 xxx 0
Ihe residential n"",rems. -
E. Replace Bignage on Inspected, damaged, exchanged. and or, replaced oarts with .- updated recycling 3000 xxx 0
am! user slonace: .
F.lnstltute a bl-moothly reponing system. These reports will be foJWarded monthlyt" the OlAstaff 3000 xxx 0
adminlslenna the cit~s 1066 POC so all parties can be current on the status of 1m lernenlallon.
2. Expand co"""erda' _ling progmn '" increase d¡""'¡on fn>m businessa. xxx 53!!,700 1,607,400
A.. Perfonninj¡ routa audits to 100% ofcommerdalnndust<iai businass oustom'tS!o identify rocyclables In _00 xxx 0
Ihela"dfiU steam. Results will be included in scheduled monllortng repons to ClWMB.
B. Contact top gerlOnltOtS, tmin generator, deliver customers Idenlifoed with a 3-yrd mixed recycling bin lree ~91000 xxx 0
01 ohame Results will b, included in soheduled monllonno reDorts 10 CIWMB.
C. R>!Iow up on progrem status/supplemental training Results will be included in scheduied moniltlring 38600 xxx 0
reoortsto CIWMB.
O. MonKorthe use of bins fur c:uslomer participation. Complete survey on any program Impediments and 38600 xxx 0
"'eir ",solution. Results will be ..cluded in scheduled monii- reOOlts to CIWMB.
E. Industriale...a routiJ1g to segregate high recyclable conterA waste lrom lOW, and deliver this for rocycHng. 13700 xxx 0
F. Commercial a... rouUnj¡ to hevedriVers cali in bins with high rocycleþle oontenll08 .aparele rocycl..g
tnrok for conedton. The number of cells will be logged and reponed on e monthly basis to Bvaluale t3200 xxx 0
effeCliveness or croceduro.
G. Monilcrand analyze program Monthly progress meetingswUh heuler. BknonthlyWlitlen reports on bin 3000 xxx 0
derlVO1V and generator CDntaŒs. Review monïhlv status with CIWMB alA staff.
3. Expand lIIulti-Flmily Recyc1ing program Xxx 195,3231 1,~25,400
303703
A.. Collecling existing muni-Iamily re<:ycling separetely to ob1Bln hald tonnage flgu~ \0 be used In 15000 xxx 0
meaSlßino partlclcalion end dlva..lon.
B. urni... date from survey to requast recyCling dlyerslon polenUal from mixed waste MRF processors. xxx 0
00
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Q
Tustin-FDS Diversion Services Agreement
COST PROPOSAL
ExhibitC-Page I of3
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Program-Task Total Cumml Revenue Revenue Shcrtfoa or
Program- from Affected User Excess from
Program and Tasks Sub-item Cost TaskCosl Class fldonlify) Alfecœd User Class
C. C<JnUnued analy~s of participation tJ> detennine J current wlunlal'¡ progmm can achiava taJ1 eled
progmm goals. Datermine if mandatoI)' so""", SOIJamtad program or mixed wasta multifamily MRFIng Is 2500
lI1e prefetred 0I101Ce. R..ullS of analysiS will be ind_ln the monthly updates. [PLEASE INCLUDE THE {I) 171,623 xxx 0
ESTlMA'fED PRICE OF THE TWO POSSl6LE PROGRAMS TO Io.CHlEVE THIS TIo.SK: (I) THE PILOT (2) 280,203
~~~ ~ i~ ~~R~~~~ ~ ~~~~ ~~~ ~~~o ~\~~~~ :~~~~~K)NJ
D. FrandtiseHauler wJII begin placing IocIdng ",cycling ids on all sourœ separated recycle bins. The lids
will have Imp doors that wli prevenl scavenging and minimize oon1amlna\ion. Sign age wi! be updated and 3000 xxx 0
renewed whore worn or missinG.
E. Monllor and analyze prog...m Monlhly prog",.. meetings with heuler. Bl-monthly wrillen reports on bin 3000 xxx 0
dellverv and Generalor conlads. Review monthl stalu. w~h CIWMB OIA staff.
4. Expand C&II diversion Xxx xxx xxx xxx
NOT INCLUDEo-cnY TASKS Xxx xxx JOO( JOO(
S. Inc""'se tn",slonnalion Xxx 103,000 NIA
A. The CIty wIU con~nU8toma>dmize tmnsfo¡maüon. (PLEASE INClUOE ESTIMATEOCOST OF SENOING
WASrE TO TRANSFORMIo.TION TO ACHIEVE A 2% I'4CREASE IN DIVERSION OVER THE CITY'S 2002 IODOOO JOO( a
TOTAL WASTE GENERATION'
~:::':~~~= ~ ~:= ~:~:st~~~ti~ ~~~~U'::::~nthly writlen repon. on bin 30M )00( 0
6. E",","d EducaUon o"Æ8CI1 JOO( 13,000 NIA
A. Dlstrtbution 01 brochures to ~ngle4_y residents. muliHamlly residents and ",mmerclai/bUsiness
=~~~ ~:~~~';,'~ =rterty personna! o",re<!ch wlll be made 111 sector(s) lI1at ha..1ow participation 10000 xxx a
B. Monitor and analyze progmm Monthlyprog"'" meeting-with hauler. Bknonthlywritten repon. on bin 30DD JOO( a
dellve", and generator c_cts. Reviewmonlhl slatuswllh CIWMB CIA staff.
~AII figures are ðnnual unless noted. TOrALS 4,570,800
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Tustin-FDS Diversion Services Agreement
Exhibit C-Page 2 of3
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PROPOSED ADJUSTMENTS FOR ANNUAL RATES
~.
Stn~f'$nJ Äut.<ÎII1a~ (:;.yt
SINGLE FAMILY RESIDENCE
~T"'ONTHLYI!ATE ", ,'!~Ck~¡;¡OËC~
$13.41 None
NEW MONTHL YRATê
- None
COMMERCIAL AND MULTI-FAMILY BIN MONTHLY RATES
,', '.. ~, ." Pick""" '*"W8ek "
~ 1 , ,2. , ' ..- 3 4, ,. $, 6
C1>:nwln!ll' Current +1- New Current +/- New Current +f- New Current +f- New Current +t- New Current +1- New
...'.'.$ìtÞ; "
~ $42,07 66.81 $75.20 119.42 $108.35 172.06 $141.48 224.67 $174.63 277.31 $207.75 329.91
$47.31 75.13 $85.68 136.06 $124.05 196.99 $162.41 257.91 $200.79 318.85 $239.15 379.77
4Cübic $52.53 83.42 $96.14 152.67 I $139.73 221.89 $183.34 291.14 $226.95 360.4 $270.55 429.63
vàJd
OTHER SERVICES
WRRENTRATE ~~-
$115.18 0
$168.85 0
$81.70 0
$54.47 0
$5.44 0
$38.13 0
$21.79
ji:1 0
$30.63 0
$28.00 0
5.44
30.63
28.00
NEW RATE
115.18
168.85
81.70
54.47
5.44
38.13
21.79
TustiD-FDS Diversìou Service. Agreemont
Exhibit C-Page 3 00
City of Tustin
Price Proposal
Proposed Implementation Plan
Mu~i Family
Time Line
1 YEAR
Pilot
Monthl
A roval
1.---30
Quarterl
SOURCE SEPERATED
Pilot
Operationa
300
4th Quarte
MRF
4.800
0
250 tons
0 tons
Pounds oer residentiallivino unit assumotion
Monthlv
Diversion 110 Ibs. 44%
Landfill 140 Ibs. 56%
Total:
250 Ibs.
100%
Total City ofTustin Multi Family Residential Units
Implementation Goal
Expected Diversion Tonnage per month
11,000
4.600
264
Figrues listed herein are Souce Seperated/MRF planning goals. Figures include current Source Seperated program tonnage. Figures do not include
Transformation tonnage.
Federal Disposal Service
Proposa103/06/200S
PROPOSAL IMPLEMENTATION.xls
Exhibit 2
Commercial Solid Waste Services Rate Schedule,
Rate Survey and Rate History
City of Tustin
Proposed 2005 Solid Waste Collection Rates and Rate History
Single Family
no_...... . ---.--.. --
WM 2000 FDS 2000 FDS 2002 FDS 2003 FDS 2004 Proposed Increase
FDS 2005
$12.74 $12.17 12.59 13.08 13.41 13.41 N/A
M
thlv R
"d
tial Rat
...-...... -_......_._.~. n~._-
2 cu/yd bin WM 2000 FDS 2000 FDS 2002 FDS 2003 FDS 2004 Proposed Increase
FDS 2005
1xweek $68.34 $35.53 39.25 41.05 42.07 66.81 24.74
2x week $111.28 $63.51 70.16 73.38 75.2 119.42 44.22
3x week $154.16 $91.50 101.09 105.72 108.35 172.06 63.71
4x week $197.12 $119.48 131.99 138.05 141.48 224.67 83.19
5x week $240.02 $147.47 162.91 170.39 174.63 277.31 102.68
6x week $282.88 $175.45 193.82 202.71 207.75 329.91 122.16
3 cu/vd bin
1xweek $95.04 $39.95 44.25 46.16 47.31 75.13 27.82
2x week $153.26 $72.35 79.93 83.80 85.68 136.06 50.38
3x week $211.52 $104.76 116.73 121.04 124.05 199.99 75.94
4x week $267.63 $137.16 151.52 158.47 162.41 257.91 95.5
5x week $325.91 $169.56 187.32 195.92 200.79 318.85 118.06
6x week $384.14 $201.96 223.11 233.35 239.15 379.77 140.62
4 cu/vd bin
1xweek $107.98 $44.37 48.01 51.26 52.53 83.42 30.89
2x week $182.37 $81.19 89.69 93.91 96.14 152.67 56.53
3x week $256.24 $118.01 130.36 136.34 139.73 221.89 82.16
4x week $330.42 $154.83 171.04 178.89 183.34 291.14 107.8
5x week $404.62 $191.65 211.72 221.44 226.95 360.4 133.45
6x week $478.89 $228.48 252.41 263.99 270.55 429.63 159.08
M
hlv C
. IR
S:\AdminislrationlSolid WaslelFederal Disposal\20051Rale Comparison 2000 10 2005.xlsRale Comparison 2000 10 2005.xls
Solid Waste Survey
March 2005
LA HABRA
FOUNTAIN VALLEY
þjî!JIIIINII¡œ~Mg"iiI1':"
DANA POINT
LAGUNA NIGUEL
LAGUNA WOODS
ORANGE
COUNTY OF ORANGE
IRVINE
LAGUNA BEACH
RANCHO SANTA MARGARITA
LAKE FOREST
1m$.1Iì\1l'¡~_!lIiI"iiI11",
VILLA PARK
SANTA ANA
YORBA LINDA
ANAHEIM
LA PALMA
BREA
CYPRESS
PLACENTIA
GARDEN GROVE
LOS ALAMITOS
FULLERTON
SAN JUAN CAPISTRANO
MISSION VIEJO
NEWPORT BEACH
COSTA MESA
ALISO VIEJO
BUENA PARK
HUNTINGTON BEACH
LAGUNA HILLS
MIDWAY CITY SANITARY DIST.
SAN CLEMENTE
SEAL BEACH
STANTON
WESTMINSTER
AVERAGE
.1,1""'.:.."""
Commercial Rate
(3 yard bin 3 times Der week)
$105.10
$116.81
. "'II~~~~Ji!5
$163.90
$165.80
$167.04
$167.04
$167.04
$186.00
$186.00
$186.00
$190.66
,"II'Î~!i~JlÎíï
$207.00
$236.36
$238.28
$238.90
$241.40
$243.66
$247.75
$247.84
$257.04
$257.98
$261.57
$216.91
121.49/week
Does not enforce or monitor
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
$200.13
S/Administration/Solid Waste: 2005 Solid Waste Survey.1.xls
Exhibit 3
Amendment #2 to the Solid Waste Management Services
Agreement
AMENDMENT 2
TO THE
FRANCHISE AGREEMENT BETWEEN
CITY OF TUSTIN
AND
SHUBIN SERVICES, INC. D.B.A. FEDERAL DISPOSAL SERVICE
FOR
INTEGRATED SOLID WASTE
MANAGEMENT SERVICES
Dated
RECITALS
Whereas, the City of Tustin (City) and Shubin Services, Inc. doing business as
Federal Disposal Service (FDS) entered into a Franchise Agreement for Integrated Solid
Waste Management Services on June 5, 2000 ("Franchise"); and
Whereas Article 6 of the Franchise provides for adjustments in FDS'
compensation and customer rate adjustments ifFDS requests such adjustments beginning
with Rate Year 3; and
Whereas, the City and FDS are considering rate adjustments to defray the costs of
implementing additional recycling services pursuant to a Diversion Services Agreement
entered into between the City and FDS concurrently herewith; and
Whereas, FDS has represented that it will not request an adjustment pursuant to
the PPI for the 2005 Rate Year in consideration of the rate adjustments to be
implemented pursuant to said Diversion Services Agreement; and
Whereas, the City expects that FDS in 2006 will not try to recapture a PPI
adjustment for the 2005 Rate Year; and
Whereas, the City and FDS desire to amend the Franchise to provide for FDS'
waiver of the right to seek a PPI adjustment for the 2005 Rate Year.
170697/2
AGREEMENT
Now, based on the Recitals and the mutual promises and covenants herein, the Parties
agree as follows:
1.
All terms herein are defined in the Franchise.
2.
Notwithstanding anything to the contrary in the Franchise, FDS hereby waives
any and all rights to a PPI adjustment for the 2005 Rate year.
3.
This Amendment shall be effective only if the parties hereto execute the
Diversion Services Agreement.
IN WITNESS WHEREOF, the City and the Company have executed this Amendment 2
to the Franchise Agreement for Integrated Solid Waste Management Services, as of the
day and year first above written.
CITY OF TUSTIN
("City")
SHUBIN SERVICES, INC dba FEDERAL
DISPOSAL SERVICE ("FDS")
By
Mayor
By
Donald B. Shubin, President
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
By
City Attorney
170697/2
2