HomeMy WebLinkAboutAgreement A-17-569-1 with Penas Disposal.pdf 18-1229 Agreement No. 17-569-1
1 AMENDMENT NO. 1 TO AMENDED AND SUCCESSOR EXCLUSIVE SERVICE AREA
2 AGREEMENT NO. 17-569 FOR SOLID WASTE, RECYCLABLE MATERIALS, GREEN
3 WASTE AND ORGANIC MATERIALS SERVICES
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5 THIS AMENDMENT NO. 1 TO AMENDED AND SUCCESSOR EXCLUSIVE SERVICE
6 AREA AGREEMENT NO. 17-569 ("Amendment No. 1") is made and entered into in Fresno,
7 California, on this 6th day of November, 2018, between the County of Fresno, a political
8 subdivision of the State of California, (hereinafter called "COUNTY"), and Pena's Disposal,
9 Inc. (hereinafter called "CONTRACTOR"), with reference to the following facts.
10 WITNESSETH:
11 WHEREAS the COUNTY and CONTRACTOR entered into an Exclusive Service Area
12 Program Agreement ("Agreement") that was executed on October 31, 2017; and
13 WHEREAS, the CONTRACTOR is required to divert residential and commercial Solid
14 Waste from landfilling; and
15 WHEREAS, the CONTRACTOR has requested that the COUNTY adopt a Recycling
16 Surcharge on the maximum rates allowed for CONTRACTOR to charge for services under the
17 Agreement to cover an increase in costs incurred as a result of unforeseen circumstances
18 attributable to a combination of bans, tariffs and increasingly strict regulations governing the
19 use of discarded materials recycled in China; and
20 WHEREAS, the purpose of this Amendment No. 1 is to provide temporary mitigation of
21 those costs, for an interim period pending the development, through cooperation between
22 COUNTY staff and representatives of the Exclusive Service Area Program waste haulers
23 (including CONTRACTOR), of an appropriately indexed Recycling Surcharge process, as
24 hereinafter set forth.
25 NOW, THEREFORE, in consideration of the foregoing premises and the mutual
26 promises herein, the COUNTY and the CONTRACTOR agree as follows:
27 1. CONTRACTOR may charge for services under the Agreement, as hereby
28 amended, in accordance with the Maximum Rate Schedules listed in the
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1 attached Revised Exhibit D from January 1 , 2019 through June 30, 2020, and as
2 may be revised (subject to the provisions of the immediately following Paragraph
3 2) as of July 1 , 2019 by the CPI adjustment that is scheduled under the
4 Agreement to occur on that date.
5 2. The Maximum Rate Schedules, Exhibit D hereto, include a fixed Recycling
6 Surcharge component of 1.45% that is listed therein as an overlay surcharge,
7 and that will not be subject to (and thus will be expressly excepted from the
8 applicability of) the annual CPI adjustment provided for in Paragraph 7.2.0 of the
9 Agreement.
10 3. CONTRACTOR shall give notice to its Customers of its initiation of the rate
11 increase resulting from implementation of the Recycling Surcharge component in
12 accordance with the introductory paragraph of Section 7.3 of the Agreement
13 (which immediately precedes Section 7.3, Paragraph A of the Agreement).
14 4. The authorization herein provided by this Amendment No. 1 for CONTRACTOR to
15 charge the Recycling Surcharge component provided for herein will commence on
16 January 1, 2019, and unless it is expressly superseded by a subsequent
17 amendment to the Agreement, such authorization will expire on June 30, 2020.
18 COUNTY and CONTRACTOR agree to work together, from and after the date of
19 execution of this Amendment No. 1, to develop an appropriately indexed Recycling
20 Surcharge process that will more accurately address both positive and negative
21 fluctuations in the market value of recyclables collected within the Exclusive
22 Service Area Program territories over a more extended period of time. It is
23 anticipated that once it has been cooperatively developed, such Recycling
24 Surcharge process would be presented to the COUNTY's Board of Supervisors at
25 the earliest practicable date, as a proposed amendment to the Agreement to
26 supersede the provisions of this Amendment No. 1 .
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1 EXECUTED AND EFFECTIVE as of the date first above set forth.
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3 CONTRACTOR COUNTY OFFRESNO
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7 (Authorized Signature) Sa inte , Chairperson of the Board
8 of Supervisors,of,the County of Fresno
9 Arthur G Pena, Vice President
10 . Print Name and Title
11 ATTEST:
12 12094 Avenue 408 Bernice E. Seidel
13 Mailing Address Clerk of the Board of Supervisors
14 County,of.Fresno, State of California
15 Cutler, CA;93615
16 City, State, and Zip Code
17 By
18 Deputy
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Exhibit D
Page 1 of 1
EXHIBIT D
SCHEDULE OF MAXIMUM CART RATES
($ per month, per customer)--Adjusted for American Avenue Tip Fee Increase July 2018
SER Rates Effective February 28, 2018
Recycling Surcharge Effective January 1, 2019
Zone 1
Recycling
AADS Rate Surcharge (1)
Current Rate New Rate SER Overlay
Cart Size (07/2017) Adjustment (07/2018) Overlay (02/28/2018)
(01/2019)
1.45%
30-gal cont $26.17 $ 0.03 $26.20 $0.38 $ 0.20
60-gal cont $31.50 $ 0.06 $31.56 $0.46 $ 0.36
90-gal cont 1 $39.21 1 $ 0.091 $39.30 1 $0.57 1 $ 0.54
Zone 2(a)
Recycling
Current Rate AADS Rate New Rate Surcharge SER Overlay(')
Cart Size (07/2017) Adjustment (07/2018) Overlay (02/28/2018)
(01/2019)
1.45%
30-gal cont N/A N/A N/A N/A N/A
60-gal cont 1 $40.45 1 $ 0.06 $40.51 1 $0.59 $ 0.36
90-gal cont $46.15 $ 0.09 $46.24 $0.67 $ 0.54
Zone 2 (b)
Recycling
AADS Rate Surcharge (1)
Overlay
Cart Size Current Rate Adjustment New Rate SER Overlay
(07/2017) (07/2018) (0 ) (02/28/2018)
1.45%
30-gal cont N/A N/A N/A N/A N/A
60-gal cont 1 $34.54 1 $ 0.06 $34.60 1 $0.50 $ 0.36
90-gal cont $41.13 $ 0.09 $41.22 $0.60 $ 0.54
Zone 3
Recycling
Current Rate
AADS Rate New Rate Surcharge SER Overlay(1)
Cart Size (07/2017) Adjustment (07/2018) Overlay (02/28/2018)
(01/2019)
1.45%
30- al cont I N/A I N/A I N/A I N/A N/A
60-gal cont 1 $45.87 1 $ 0.061 $45.93 1 $0.67 $0.36
90-gal cont 1 $51.90 1 $ 0.091 $51.99 1 $0.75 $0.54
Notes
1.SER Rate is only applicable to residents within the SER Territory(map attached). To Calculate the
SER rate,a hauler will need to add current rate to SER Overlay. SER Overlay rates are not subject to
CPI Increases.
2.The rate to provide Organic Materials Collection and Processing Services shall be 60%of the
comparable size and frequency of Solid Waste Collection Rates plus the actual cost per ton for Organic
Materials Processing.
3. Any bin service provided to residences(including 1,2,and 3 cy Bins)will be reported as commercial
service for reporting purposes.
4. Recycling Surcharge to be implemented effective January 1,2019 through and including June 30,
2020.
Exhibit D-1
Page 1 of 1
EXHIBIT D-1
SCHEDULE OF MAXIMUM BIN RATES
($per month,per customer)-Adjusted for American Avenue Tip Fee Increase July 2018
SER Rates effective February 28,2018
Recycling Surcharge Effective January 1,2019
Service Description Service Rate Area
Zone 1 Zone 2(a) Zone 2(b) Zone 3
Recycling Recycling Recycling Recycling
AADS Rate Surcharge SER Overlay AADS Rate Surcharge SER Overlay AADS Rate Surcharge SER Overlay AADS Rate Surcharge SER Overlay
Current Rate Adjustment New Rate Overlay (z) Current Rate Adjustment New Rate Overlay 1z) Current Rate Adjustment New Rate Overlay (2) Current Rate Adjustment New Rate Overlay (2)
(07/2017) (07/2018) (01/2019) (02/28/2018) (07/2017) (07/2018) (01/2019) (02128/2018) (07/2017) (07/2018) (01/2019) (02/2812018) (07/2017) (07/2018) (01/2019) (02/28/2018)
1.45% 1.45% 1.45% 1.45
1 cu yd,1 pickup/wk $69.78 $0.20 $69.98 $1.01 $1.14 $79.80 $0.20 $80.00 $1.16 $1.141 $81.13 $0.20 $81.33 $1.18 $1.14 1 $80.54 $0.20 $80.74 $1.17 $1.14
1 cu yd,2 pickups/wk $129.10 $0.39 $129.49 $1.88 $2.28 $139.08 $0.39 $139.47 $2.02 $2.28 $138.05 $0.39 $138.44 $2.01 $2.28 $141.39 $0.39 $141.78 $2.06 $2.28
1 cu yd,3 pickups/wk $188.39 $0.59 $188.98 $2.74 $3.41 $202.71 $0.59 $203.30 $2.95 $3.41 $206.12 $0.59 $206.71 $3.00 $3.41 $209.03 $0.59 $209.62 $3.04 $3.41
1 cu yd,4 pickups/wk $247.66 $0.78 $248.44 $3.60 $4.55 $271.62 $0.78 $272.401 $3.95 $4.55 $279.79 $0.78 $280.571 $4.07 $4.55 $281.81 $0.78 $282.59 $4.10 $4.55
1 cu yd,5 pickups/wk $306.99 $0.98 $307.97 $4.47 $5.69 $343.98 $0.98 $344.96 $5.00 $5.69 $360.68 $0.98 $361.66 $5.24 $5.69 $355.76 $0.98 $3%.74 $5.17 $5.69
1 cu yd,6 icku s/wk $366.28 $1.17 $367.45 $5.33 $6.83 $419.56 $1.17 $420.73 $6.10 $6.83 $450.53 $1.17 $451.70 $6.55 $6.83 $432.851 $1.171 $434.02 $6.29 $6.83
1.5 cu yd,1 pickup/wk(1) $81.12 $0.29 $81.41 $1.18 $1.71 $92.79 $0.29 $93.08 $1.35 $1.71 $90.24 $0.29 $90.53 $1.31 $1.71
1.5 cu yd,2 pickups/wk $150.20 $0.59 $150.79 $2.19 $3.41 $164.43 $0.59 $165.02 $2.39 $3.41 $154.95 $0.59 $155.54 $2.26 $3.41
1.5 cu vd,3 pickups/wk $219.27 $0.88 $220.15 $3.19 $5.12 $240.81 $0.88 $241.69 $3.50 $5.12 $230.24 $0.88 $231.12 $3.35 $5.12
1.5 cu yd,4 pickups/wk $288.32 $1.17 $289.49 $4.20 $6.83 $323.04 $1.17 $324.21 $4.70 $6.83 $315.21 $1.17 $316.38 $4.591 6.83
1.5 cu yd,5 pickups/wk $357.38 $1.46 $358.84 $5.20 $8.53 $408.54 $1.46 $410.00 $5.95 $8.53 $408.62 $1.46 $410.08 $5.95 $8.53
1.5 cu yd,6 icku s/wk $426.45 $1.76 $428.21111 6.21 $10.241 497.27 $1.761 $499.03 $7.24 $10.24 $507.24 $1.76 1 $509.00 $7.38 $10.24
2 cu yd,1 icku /wk $91.66 $0.39 $92.05 $1.33 $2.28 $106.06 $0.39 $106.451 $1.54 $2.28 $99.50 $0.39 $99.89 $1.45 $2.28 $113.151 0.39 $113.54 $1.65 $2.28
2 cu yd,2 icku s/wk $170.87 $0.78 $171.65 $2.49 $4.55 $189.77 $0.78 1190.55 $2.76 $4.55 $171.82 $0.78 $172.60 $2.50 $4.55 $207.13 $0.78 207.91 $3.01 $4.55
2 cu yd,3 pickupstwk $250.13 $1.17 $251.30 $3.64 $6.83 $278.90 $1.17 1280.07 $4.06 $6.83 $254.35 $1.17 $255.52 $3.71 $6.83 $284.11 $1.17 $285.28 $4.14 $6.83
2 cu yd,4 ickups/wk $329.39 $1.56 $330.95 $4.80 $9.10 $374.48 $1.56 1376.04 $5.45 $9.10 $350.67 $1.56 $352.23 $5.11 $9.10 $390.07 $1.56 391.63 $5.68 $9.10
ickups 8 $5.95 $11.38 $473.22 $1.95 SA75.17 58.55 $6.65 $11.38 $493.84 $495.79 $7.19 $11.38
2 cu yd,6 pickups/wk $487.86 $2.34 $490.20 $7.11 $13.65 $574.90 $2.34 $577.24 $8.37 $13.65 $563.94 $2.34 $566.28 $8.21 $13.65 $602.11 $2.34 $604.45 $8.76 $13.65
3 cu yd,1 pickup/wk $111.76 $0.59 $112.35 $1.63 $3.41 $134.51 $0.59 $135.10 $1.96 $3.41 $122.55 $0.59 $123.14 $1.79 $3.41 $147.62 $0.59 $148.21 $2.15 $3.41
3 cu yd,2 pickups/wk $210.30 $1.17 $211.47 $3.07 $6.83 $244.26 $1.17 $245.43 $3.56 $6.83 $213.36 $1.17 $214.53 $3.11 $6.83 $274.62 $1.17 $275.79 $4.00 $6.83
3 cu yd,3 pickups/wk $308.86 $1.76 $310.62 $4.50 $10.24 $360.61 $1.76 $362.37 $5.25 $10.24 $318.22 $1.761 $319.98 $4.64 $10.24 $368.49 $1.76 $370.25 $5.37 $10.24
3 cu yd,4 pickups/wk $407.42 $2.34 $409.76 $5.941 $13.65 $484.78 $2.34 $487.12 $7.06 $13.65 $434.99 $2.34 $437.33 $6.34 $13.65 $505.69 $1.761 $507.45 $7.36 $13.65
3 cu yd,5 pickups/wk $506.00 $2.93 $508.93 7.381 $17.06 $612.59 $2.93 $615.52 $8.93 $17.06 $553.87 $2.93 $556.80 $8.07 $17.06 $641.76 $2.93 $644.69 $9.35 $17.06
3 cu yd,6 icku s/wk $604.53 $3.51 $608.04 $8.82 $20.48 $743.71 $3.51 $747.22 $10.83 $20.48 $682.34 $3.51 $685.851 $9.94 $20.48 $780.66 $3.51 $784.17 $11.37 $20.48
4 cu yd,1 pickup/wk $122.77 $0.78 $123.55 $1.79 $4.55 $164.77 $0.78 $165.55 $2.40 $4.55 $147.39 $0.78 $148.17 $2.15 $4.55 $189.85 $0.78 $190.63 $2.76 $4.55
4 cu yd,2 pickups/wk $232.12 $1.56 $233.68 $3.39 $9.10 $292.62 $1.56 294.181 $4.27 $9.10 $258.89 $1.56 $260.45 $3.78 $9.10 $354.98 $1.56 $356.54 $5.17 $9.10
4 cu yd,3 pickups/wk $341.41 $2.34 $343.75 $4.98 $13.65 $447.71 $2.34 $450.05 $6.53 $13.65 $386.70 $2.34 $389.04 $5.64 $13.65 $477.44 $2.34 $479.78 $6.96 $13.65
4 cu yd,4 pickups/wk $450.77 $3.12 $463.89 $6.58 $18.20 $602.74 $3.12 $605.86 $8.78 $18.20 $531.35 $3.12 $534.47 $7.75 $18.20 $649.42 $3.12 $652.54 $9.461 $18.20
4 cu yd,5 pickups/wk $560.09 $3.90 $563.99 $8.18 $22.75 $761.72 $3.90 $765.62 $11.10 $22.75 $678.89 $3.90 $682.79 $9.90 $22.75 $822.24 $3.90 $826.14 $11.98 $22.75
4 cu yd,6 pickups/wk $669.43 $4.68 $674.11 $9.77 $27.30 $924.41 $4.68 $929.09 $13.47 $27.30 $836.80 $4.68 $841.48 $12.20 $27.30 $999.51 $4.68 $1,004.19 $14.56 $27.30
5 cu yd,1 pickup/wk` $141.17 $0.98 $142.15 $2.06 $5.69 $201.51 $0.98 $202.49 $2.94 $5.69 $172.33 $0.98 $173.31 $2.51 $5.69
5 cu yd,2 pickups/wk $267.96 $1.95 $269.911 3.91 $11.38 $367.26 $1.95 $369.21 $5.35 $11.38 $304.56 $1.95 $306.51 $4.44 $11.38
5 cu yd,3 pickups/wk $394.72 $2.93 $397.65 $5.77 $17.06 $552.34 $2.93 $555.27 $8.05 $17.06 $459.81 $2.931 $462.74 $6.71 $17.06
5 cu yd,4 pickups/wk $521.46 $3.90 $525.36 $7.62 $22.75 $744.09 $3.90 $747.99 $10.85 $22.75 $628.03 $3.90 $631.93 $9.16 $22.75
5 cu yd,5 pickups/wk $648.25 $4.88 $653.13 $9.47 $28.44 $940.59 $4.88 $945.47 1 $13.71 $28.44 $806.23 $4.88 $811.11 $11.76 $28.44
5 cu yd,6 icku s/wk $775.02 $5.85 $780.87 $11.32 $34.13 $1,141.57 $5.85 $1,147.42 $16.64 $34.13 $996.83 $5.85 $1,002.68 $14.54 $34.13
6 cu yd,1 pickup/wk $175.89 $1.17 $177.06 $2.57 $6.83 $238.20 $1.17 $239.37 $3.47 $6.83 $197.23 $1.17 $198.40 $2.88 $6.831 $263.111 $1.171 $264.281 $3.83 $6.83
6 cu yd,2 pickups/wk $333.29 $2.34 $335.63 $4.87 $13.65 $441.85 $2.34 $444.19 $6.44 $13.65 $350.15 $2.34 $352.49 $5.11 $13.651 $494.211 $2.341 $496.551 $7.20 $13.65
6 cu yd,3 pickups/wk $490.69 $3.51 1424.20 $7.17 $20.48 $656.89 $3.51 $660.40 $9.58 $20.48 $532.86 $3.51 $536.37 $7.78 $20.48 $662.56 $3.51 $666.07 $9.66 $20.48
6 cu yd,4 pickups/wk $648.05 $4.68 $652.73 $9.46 $27.30 $885.40 $4.68 $890.08 $12.91 $27.30 $724.70 $4.68 $729.38 $10.58 $27.30 $894.00 $4.68 $898.68 $13.03 $27.30
6 cu yd,5 pickups/wk $805.42 $5.85 $811.27 $11.76 $34.13 $1,119.50 $5.85 $1,125:35 $16.32 $34.131 $933.591 $5.85 $939.44 $13.62 $34.13 $1,131.29 $5.85 $1,137.14 $16.49 $34.13
6 cu yd,6 pickups/wk $962.85 $7.00 $969.85 $14.06 $40.95 $1,358.78 $7.00 $1,365.78 $19.80 $40.95 $1,156.92 $7.00 $1,163.92 $16.881 $40.951 $1,374.431 $7.001 $1,381.431 $20.03 $40.95
Notes
1-1.5 and 5 cubic yard bins are provided at the discretion of the hauler None of the Zone 3 service rate area haulers have proposed to provide these odd-sized containers,therefore,no rate is proposed in the Zone 3 service rate area.
2-SER rate is only applicable to residents within the SER Territory(map attached).To calculate the SER rate,a hauler will need to add current rate to SER Overlay.SER Overlay rates are not subject to CPI increases.
3-Comecton to SER Overlay rate for Zones 1,2a,21b,and Zone 3 for service related to 6 cubic yards 6 pickups par week.Agreement rate table erroneously reflects a rounded amount of$41.00
4-The rate to provide Organic Materials Collection and Processing Services shall be 60%of the comparable size and frequency of Solid Waste Collection Rates plus the actual cost per ton for Organic Materials Processing
5-Any bin service provided to residences(including 1,2,and 3 cy Bins)will be reported as commercial service for reporting purposes.
6-Recycling Surcharge to be implemented effective January 1,2019 through and including June 30,2020.