HomeMy WebLinkAboutAgreement A-17-566-1 with Mid Valley Disposal.pdf1
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AMENDMENT NO. 1 TO AMENDED AND SUCCESSOR EXCLUSIVE SERVICE AREA
AGREEMENT NO. 17-566 FOR SOLID WASTE, RECYCLABLE MATERIALS, GREEN
WASTE AND ORGANIC MATERIALS SERVICES
THIS AMENDMENT NO. 1 TO AMENDED AND SUCCESSOR EXCLUSIVE SERVICE
AREA AGREEMENT NO. 17-566 (“Amendment No. 1”) is made and entered into in Fresno,
California, on this _____ day of November, 2018, between the County of Fresno, a political
subdivision of the State of California, (hereinafter called "COUNTY"), and Mid Valley Disposal,
LLC (hereinafter called "CONTRACTOR"), with reference to the following facts.
WITNESSETH:
WHEREAS the COUNTY and CONTRACTOR entered into an Exclusive Service Area
Program Agreement (“Agreement”) that was executed on October 31, 2017; and
WHEREAS, the CONTRACTOR is required to divert residential and commercial Solid
Waste from landfilling; and
WHEREAS, the CONTRACTOR has requested that the COUNTY adopt a Recycling
Surcharge on the maximum rates allowed for CONTRACTOR to charge for services under the
Agreement to cover an increase in costs incurred as a result of unforeseen circumstances
attributable to a combination of bans, tariffs and increasingly strict regulations governing the
use of discarded materials recycled in China; and
WHEREAS, the purpose of this Amendment No. 1 is to provide temporary mitigation of
those costs, for an interim period pending the development, through cooperation between
COUNTY staff and representatives of the Exclusive Service Area Program waste haulers
(including CONTRACTOR), of an appropriately indexed Recycling Surcharge process, as
hereinafter set forth.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises herein, the COUNTY and the CONTRACTOR agree as follows:
1.CONTRACTOR may charge for services under the Agreement, as hereby
amended, in accordance with the Maximum Rate Schedules listed in the
18-1229
6th
Agreement No. 17-566-1
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attached Revised Exhibit D from January 1, 2019 through June 30, 2020, and as
may be revised (subject to the provisions of the immediately following Paragraph
2) as of July 1, 2019 by the CPI adjustment that is scheduled under the
Agreement to occur on that date.
2. The Maximum Rate Schedules, Exhibit D hereto, include a fixed Recycling
Surcharge component of 1.45% that is listed therein as an overlay surcharge,
and that will not be subject to (and thus will be expressly excepted from the
applicability of) the annual CPI adjustment provided for in Paragraph 7.2.C of the
Agreement.
3. CONTRACTOR shall give notice to its Customers of its initiation of the rate
increase resulting from implementation of the Recycling Surcharge component in
accordance with the introductory paragraph of Section 7.3 of the Agreement
(which immediately precedes Section 7.3, Paragraph A of the Agreement).
4. The authorization herein provided by this Amendment No. 1 for CONTRACTOR to
charge the Recycling Surcharge component provided for herein will commence on
January 1, 2019, and unless it is expressly superseded by a subsequent
amendment to the Agreement, such authorization will expire on June 30, 2020.
COUNTY and CONTRACTOR agree to work together, from and after the date of
execution of this Amendment No. 1, to develop an appropriately indexed Recycling
Surcharge process that will more accurately address both positive and negative
fluctuations in the market value of recyclables collected within the Exclusive
Service Area Program territories over a more extended period of time. It is
anticipated that once it has been cooperatively developed, such Recycling
Surcharge process would be presented to the COUNTY’s Board of Supervisors at
the earliest practicable date, as a proposed amendment to the Agreement to
supersede the provisions of this Amendment No. 1.
///
///
1 EXECUTED AND EFFECTIVE as of the date first above set forth.
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::SOS,~l \L.c-tl~ leo(f-/ PGt
Print Name and Title
~ b _--·· o -,c I 2 5 'i:.S
. Mailing Address
\re.sl\.o ,CA: 9,3 717 I . I
City, State, and Zip Code
COUNTY OF FRESNO
, Chairperson of the Board
of Supervisors of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By <j\.t,,.'.1 ~iY
Deputy ·
3
AADS Rate
Adjustment
Recycling
Surcharge
Overlay
(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 $39.21 $ 0.09 $39.30 $0.57 0.54$
AADS Rate
Adjustment
Recycling
Surcharge
Overlay
(01/2019)
1.45%
30-gal cont N/A N/A N/A N/A N/A
60-gal cont $40.45 $ 0.06 $40.51 $0.59 0.36$
90-gal cont $46.15 $ 0.09 $46.24 $0.67 0.54$
AADS Rate
Adjustment
Recycling
Surcharge
Overlay
(01/2019)
1.45%
30-gal cont N/A N/A N/A N/A N/A
60-gal cont $34.54 $ 0.06 $34.60 $0.50 0.36$
90-gal cont $41.13 $ 0.09 $41.22 $0.60 0.54$
AADS Rate
Adjustment
Recycling
Surcharge
Overlay
(01/2019)
1.45%
30-gal cont N/A N/A N/A N/A N/A
60-gal cont $45.87 $ 0.06 $45.93 $0.67 $0.36
90-gal cont $51.90 $ 0.09 $51.99 $0.75 $0.54
Notes
4. Recycling Surcharge to be implemented effective January 1, 2019 through and including June 30,
2020.
EXHIBIT D
SCHEDULE OF MAXIMUM CART RATES
($ 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
Zone 2 (a)
Zone 2 (b)
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.
SER Overlay (1)
(02/28/2018)
New Rate
(07/2018)Cart Size
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.
New Rate
(07/2018)
Current Rate
(07/2017)
New Rate
(07/2018)Cart Size Current Rate
(07/2017)
SER Overlay (1)
(02/28/2018)
SER Overlay (1)
(02/28/2018)
SER Overlay (1)
(02/28/2018)
Current Rate
(07/2017)
Cart Size Current Rate
(07/2017)
New Rate
(07/2018)
Cart Size
Zone 3
Exhibit D
Page 1 of 1
Service Description
AADS Rate
Adjustment
Recycling
Surcharge
Overlay
(01/2019)
AADS Rate
Adjustment
Recycling
Surcharge
Overlay
(01/2019)
AADS Rate
Adjustment
Recycling
Surcharge
Overlay
(01/2019)
AADS Rate
Adjustment
Recycling
Surcharge
Overlay
(01/2019)
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 $1.14 $81.13 $0.20 $81.33 $1.18 $1.14 $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 $272.40 $3.95 $4.55 $279.79 $0.78 $280.57 $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 $356.74 $5.17 $5.69
1 cu yd, 6 pickups/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 $432.85 $1.17 $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 yd, 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 $4.59 $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 pickups/wk $426.45 $1.76 $428.21 $6.21 $10.24 $497.27 $1.76 $499.03 $7.24 $10.24 $507.24 $1.76 $509.00 $7.38 $10.24
2 cu yd, 1 pickup/wk $91.66 $0.39 $92.05 $1.33 $2.28 $106.06 $0.39 $106.45 $1.54 $2.28 $99.50 $0.39 $99.89 $1.45 $2.28 $113.15 $0.39 $113.54 $1.65 $2.28
2 cu yd, 2 pickups/wk $170.87 $0.78 $171.65 $2.49 $4.55 $189.77 $0.78 $190.55 $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 pickups/wk $250.13 $1.17 $251.30 $3.64 $6.83 $278.90 $1.17 $280.07 $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 pickups/wk $329.39 $1.56 $330.95 $4.80 $9.10 $374.48 $1.56 $376.04 $5.45 $9.10 $350.67 $1.56 $352.23 $5.11 $9.10 $390.07 $1.56 $391.63 $5.68 $9.10
2 cu yd, 5 pickups/wk $408.63 $1.95 $410.58 $5.95 $11.38 $473.22 $1.95 $475.17 $6.89 $11.38 $456.60 $1.95 $458.55 $6.65 $11.38 $493.84 $1.95 $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 $1.76 $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 $5.94 $13.65 $484.78 $2.34 $487.12 $7.06 $13.65 $434.99 $2.34 $437.33 $6.34 $13.65 $505.69 $1.76 $507.45 $7.36 $13.65
3 cu yd, 5 pickups/wk $506.00 $2.93 $508.93 $7.38 $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 pickups/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 $685.85 $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 $294.18 $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 $453.89 $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 $9.46 $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 $269.91 $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 $2.93 $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 $13.71 $28.44 $806.23 $4.88 $811.11 $11.76 $28.44
5 cu yd, 6 pickups/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 $6.83 $263.11 $1.17 $264.28 $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 $13.65 $494.21 $2.34 $496.55 $7.20 $13.65
6 cu yd, 3 pickups/wk $490.69 $3.51 $494.20 $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 $34.13 $933.59 $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 $16.88 $40.95 $1,374.43 $7.00 $1,381.43 $20.03 $40.95
SER Overlay
(2)
(02/28/2018)
Current Rate
(07/2017)
3 - Correcton to SER Overlay rate for Zones 1, 2a, 2b, and Zone 3 for service related to 6 cubic yards 6 pickups per week. Agreement rate table erroneously reflects a rounded amount of $41.00.
1 - 1.5 and 5 cubic yard bins are provided at the discretion of the hauler. None of the Zone 3 service rate area haulers have proposed to provide these odd-sized containers, therefore, no rate is proposed in the Zone 3 service rate area.
2 - SER rate is only applicable to residents within the SER Territory (map attached). To calculate the SER rate, a hauler will need to add current rate to SER Overlay. SER Overlay rates are not subject to CPI increases.
New Rate
(07/2018)
Current Rate
(07/2017)
New Rate
(07/2018)
Notes
Current Rate
(07/2017)
New Rate
(07/2018)
SER Overlay
(2)
(02/28/2018)
Zone 2 (a)Zone 2 (b)Zone 3
Service Rate Area
Current Rate
(07/2017)
New Rate
(07/2018)
SER Overlay
(2)
(02/28/2018)
SER Overlay
(2)
(02/28/2018)
5 - Any bin service provided to residences (including 1, 2, and 3 cy Bins) will be reported as commercial service for reporting purposes.
6 - Recycling Surcharge to be implemented effective January 1, 2019 through and including June 30, 2020.
EXHIBIT D-1
SCHEDULE OF MAXIMUM BIN RATES
($ 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
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.
Zone 1
Exhibit D-1
Page 1 of 1