HomeMy WebLinkAboutSolid Waste Systems, Inc. 2011-12-12; Amendment 1 2016-01-01Solid Wastes Systems, Inc.
P.O. Box 60
Ukiah, CA 95482
Mr. Sage Sangiacomo
City Manager
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
August 14, 2015
RE: SWS letter of intention to adjust rates.
Dear Mr. Sangiacomo,
06, ✓1(v -4(
RECEIVED 9y
AUG 14 2015
CITY MGR.
&CLERK DEPT.
CALiFO,P
Please accept this letter as our formal notification of intention to adjust each of the current
Solid Wastes Systems, Inc. (Ukiah Transfer Station) rates effective as of January 1, 2016 in
accordance with Section 6.2(a) through (e) of the Amended and Restated Transfer Station
Agreement dated December 12, 2011.
Thank you,
SOLID WASTES SYSTEMS, INC.
Dewed /L. e4 Wee
David M. Carroll
President
Cc: Karen Scalabrini
Solid Wastes Systems Transfer Station Components
Annual Adjustment Calculations
Effective Date January, 2016
COSTS Subject to adjustment
Operating Costs subject to CPI
Fuel
Disposal - Garbage
Disposal - Processing
Construction /Lease $2.36 /ton
Construction /Lease $10 /ton
City Landfill Fee $2 /ton
MSWMA Fee $5 /ton
Total COSTS Subject to adjustment
Adjustments:
Total Adjustments
Adjusted Cost
Revenue base
Comparison Year Revenue
Fuel
Landfill Destination Change
Disposal - garbage
Disposal - processing
CPI adjustment
Construction /Lease $2.36 /ton
Revenue change
Adjusted revenue
Revenue Increase
Cost
$1,480,527.44
$183,299.72
$978,220.31
$192,394.15
$75,377.55
$319,396.40
$65,963.41
$164,830.32
$3,460,009.30
$ 0.00
$0.00
$3,460,009.30
$3,188,720.11
($44,707.56)
$o.00
$39,128.81
$o.00
$1,776.63
$o.00
($3,802.12)
$3,184,917.99
($3,802.12)
Index
CPI
Fuel
Contract rate
Negotiated
Contract rate
Contract rate
Set by City
Set by City
Current
Pass Through
Pass Through
Pass Through
Pass Through
Pass Through
Pass Through
Adjustment
Adjustment
Allowed
$ 1,776.63
($44,707.56)
39,128.81
- $3,802.12
- $3,802.12
New
Contractor Rate increase as a percent
-0.12%
$74.30
($0.09)
$74.21
MSWMA Rate increase as a percent
0.00%
$5.00
$0.00
$5.00
City Rate increase as a percent
0.00%
$2.00
$0.00
$2.00
!EFFECTIVE RATE ADJUSTMENT PERCENT
$81.30
Total Rate $81.21
-0.11%
Page 1 of 6
Solid Wastes Systems Transfer Station Components
Annual Adjustment Calculations
Effective Date January, 2016
Worksheet for computing the change in various indexes and factors which
comprise the components on which rates are adjusted
Fuel - June to June (EIA Petroleum & Other Liquids)
See Fuel cost adjustment worksheet
CPI - June to June (CPI -U All US Cities)
June 2014 June 2015
238.343 238.638
CPI % Change
Index Increase (Decrease)
0.295
0.12%
Landfill Fee Jan to Jan
January 2015
$ 39.78
January 2016
$ 41.37
Increase (Decrease)
1.590
Disposal - Garbage Cost % Change 4.00%
Disposal Processing Fee Jan to Jan
January 2015
$ 30.00
January 2016
$ 30.00
Disposal - Green Waste Cost % Change
Increase (Decrease)
$ 0.00
0.00%
Transfer Station Tonnage at gate, Year to Year
December 2013 December 2014
31,939.88 31,939.64
Tonnage % Change
Increase (Decrease)
( 0.24)
0.00%
City Landfill Fee June to June
January 2015 January 2016
$ 2.00 $ 2.00
Increase (Decrease)
$ 0.00
City Landfill Fee % Change 0.00%
MSWMA Fee June to June
January 2015 January 2016
$ 5.00 $ 5.00
Increase (Decrease)
$ 0.00
MSWMA Fee % Change 0.00%
Page 2 of 6
Page 3 of 6
Fuel Revenue Adjustment Worksheet, based on Fuel Index change, June to June
Fuel Exhibit #2
Base Year Fuel Index and Cost 3.102
$152,533.47
As negotiated
Index Change - New
vs. Base Year
1
Estimated Fuel index adjustment at June 2011 4.213
35.82%
$54,637.49
Plus: Base Year Cost X Index Change
Revenue adjustment for January 2012 rate revision
>I $54,637.49
$0.00
Less: Prior Fuel Cost applied to rate
$207,170.96
Fuel Cost Allowed Year 1
Annual adjustment based on Fuel Index change, year to year (using example fuel index changes)
2
Estimated Fuel index adjustment at June 2012 4.027
29.82%
$45,485.48
Plus: Base Year Cost X Index Change
Revenue adjustment for January 2013 rate revision
($9,152.01)
$54,637.49
Less: Prior Fuel Cost applied to rate
$198,018.95
Fuel Cost Allowed Year 2
3
Estimated Fuel index adjustment at June 2013 4.023
29.69%
$45,287.19
Plus: Base Year Cost X Index Change
Revenue adjustment for January 2014 rate revision
($198.29)
$45,485.48
Less: Prior Fuel Cost applied to rate
$197,820.66
Fuel Cost Allowed Year 3
4
Estimated Fuel index adjustment at June 2014 4.101
32.21%
$49,131.03
Plus: Base Year Cost X Index Change
Revenue adjustment for January 2015 rate revision
, $3,843.84
$45,287.19
Less: Prior Fuel Cost applied to rate
$201,664.50
Fuel Cost Allowed Year 4
5
Estimated Fuel index adjustment at June 2015 3.192
2.90%
$4,423.47
Plus: Base Year Cost X Index Change
Revenue adjustment for January 2016 rate revision
($44,707.56)
$49,131.03
Less: Prior Fuel Cost applied to rate
$156,956.94
Fuel Cost Allowed Year 5
6
Estimated Fuel index adjustment at June 20 3.192
2.90%
$4,423.47
Plus: Base Year Cost X Index Change
Revenue adjustment for January 2017 rate revision
$0.00
$4,423.47
Less: Prior Fuel Cost applied to rate
$156,956.94
Fuel Cost Allowed Year 6
Page 3 of 6
Solid Wastes Systems, Inc.
Transfer Station Rate Schedule
Effective Date January, 2016
Item
MSW - Ton
MSW - Yard
Minimum Gate Fee - MSW
Per Can Rate - 32 gallon
Green Waste - Ton
Green Waste - Yard
Minimum Gate Fee - Green Waste
Mixed Load - Additional Charge
Appliances
Oil Filters - Small
Oil Filters - Medium
Oil Filters - Large
Concrete - Ton
Dirt - Ton
Sheetrock - Clean
Sheetrock - Dirty
Tires - Bicycle
Tires - Motorcycle
Tires - Passenger Car
Tires - Passenger Car with Rim
Tires - Truck
Tires - Truck with Rim
Tires - Tractor
E -Waste - Computers
E -Waste - Monitors
Scrap Metal
Up to 3 cans
After 3 cans
* Rates are rounded to the nearest five cents
Calculated
2016
2015 FA
Rate Rate
$81.30 $81.21
$19.15 $19.11
$9.55 $9.56
$3.20 $3.19
$42.30 $42.25
$6.20 $6.19
$6.10 $6.09
$18.90 $18.88
$10.40 $10.39
$0.35 $0.35
$0.65 $0.65
$0.90 $0.90
$66.35 $66.27
$66.35 $66.27
$42.30 $42.25
$66.35 $66.27
$1.20 $1.20
$2.30 $2.30
$3.45 $3.45
$5.40 $5.39
$7.35 $7.34
$9.90 $9.89
43.70 - 330.45 43.65 - 330.05
No Charge No Charge
No Charge No Charge
No Charge No Charge
NEW
2016
Rate
Rounded *
$81.20
$19.10
$9.55
$3.20
$42.25
$6.20
$6.10
$18.90
$10.40
$0.35
$0.65
$0.90
$66.25
$66.25
$42.25
$66.25
$1.20
$2.30
$3.45
$5.40
$7.35
$9.90
43.65 - 330.05
No Charge
No Charge
No Charge
Solid Wastes Systems, Inc.
Transfer Station Rate Schedule
Effective Date January 01, 2016
Item
MSW - Ton
MSW - Yard
Minimum Gate Fee - MSW
Per Can Rate - 32 gallon
Green Waste - Ton
Green Waste - Yard
Minimum Gate Fee - Green Waste
Mixed Load - Additional Charge
Appliances
Oil Filters - Small
Oil Filters - Medium
Oil Filters - Large
Concrete - Ton
Dirt - Ton
Sheetrock - Clean
Sheetrock - Dirty
Tires - Bicycle
Tires - Motorcycle
Tires - Passenger Car
Tires - Passenger Car with Rim
Tires - Truck
Tires - Truck with Rim
Tires - Tractor
E -Waste - Computers
E -Waste - Monitors
Scrap Metal
* Rates are rounded to the nearest five cents
Up to 3 cans
After 3 cans
NEW
2016
Rate
Rounded *
$81.20
$19.10
$9.55
$3.20
$42.25
$6.20
$6.10
$18.90
$10.40
$0.35
$0.65
$0.90
$66.25
$66.25
$42.25
$66.25
$1.20
$2.30
$3.45
$5.40
$7.35
$9.90
43.65 - 330.05
No Charge
No Charge
No Charge
SW5 Transfer Station Agreement
Cost /Rev
Adjustment
Period
Adjustment
Method
Index
Cost
1,2,4
Construction / Lease
$2.36 / MSW ton
Annual
100% of index change
CPI - US Cities CPI -U
Base Rate as Adjusted
3
Construction / Lease
$10.00 / MSW ton
Time to Time
Per City
N/A
Pass Through
1,2
Fuel
Annual
100% of index change
eia CA #2 Diesel Retail all sellers
Base Rate as Adjusted
Disposal - Landfill
Time to Time
Per Landfill Agreement
N/A
Pass Through
9
Disposal - Processing
Time to Time
Per Processor Agreements
N/A
Pass Through
1,2
Operating Costs
Annual
100% of index change
CPI - US Cities CPI -U
Base Rate as Adjusted
Per Ton Contractor Gate
4
City Franchise Fee
$2.00
Time to Time
Per City
N/A
Pass Through
4
MSWMA Fee
$5.00
Time to Time
Per MSWMA
N/A
Pass Through
6,7,8
TOTAL GATE FEE
Notes
1 Agreement should state mutually agreed upon Index if Index becomes unavailable
2 June to June change
3 Lease rate replaces construction rate January 1, 2017 - $10.00 per ton MSW
4 Part of Construction rate left in gate rate to cover triple net lease costs (adjusts by CPI) starting January 1, 2017. i.e.. Prop tax, Insurance & R &M.
4 Agreement should state initial rate, subject to change by City / MSWMA action
5 Exhibit of calculation to be made part of agreement
6 SWS requests new rate by Aug 15, City approves by Oct 15, Pub Notice given by Nov 1, Adjusted Rate goes into effect following January 1.
7 Per Yard Gate Fee shall be equal to 24.05% of per ton contractor gate fee PLUS per ton City & MSWMA fees divided by 5.54 (MSWMA yards / ton)
8 Rate change is calculated as follows: % annual adjustment X actual prior year (July to June) component cost = new funds needed / total gate revenue
= % adjustment to gate rate.
9 Processing contract mutually agreed to with city - i.e. PRS grinding yard rate charged SWS for greenwaste.
City can direct SWS to implement other programs, provided the costs of such programs are covered through increased rates.
Page 6 of 6
Solid Wastes Systems, Inc.
Statement of Profit & Loss
Comparison Year July 2014 to June 2015
TOTAL REVENUE
Less: Scrap Metal Revenue
Buyback Recycle Revenue
Compost /Landscape Revenue
Comparison Year Rate Revenue
EXPENSES
Fuel Cost
Disposal - MSW
Disposal - Processing
Construction /Lease $2.36 /ton
Construction /Lease $10.00 /ton
City Landfill Fee $2.00 /ton
MSWMA Fee $5.00 /ton
All Other Costs (CPI driven costs)*
TOTAL OPERATING EXPENSES
$3,529,692.78
$114,151.50
$143,397.35
$83,423.82
$3,188,720.11
$183,299.72
$978,220.31
$192,394.15
$75,377.55
$319,396.40
$65,963.41
$164,830.32
$1,480,527.44
$3,460,009.30
* Excludes: Fuel Costs, Pass - through Costs, Purchase of Scrap Metal, Buy -back
recycle purchased and Compost /Landscaping Material Cost.
Table 24. Historical Consumer Price Index for All Urban Consumers (CPI -U): U. S. city average, all items - Continued
(1982 -84 =100, unless otherwise noted)
Year J
Jan. F
Feb. M
Mar. A
Apr. M
May J
June J
July A
Aug. S
Sep. O
Oct. N
Nov. D
Dec.
1970 3
37.8 3
38.0 3
38.2 3
38.5 3
38.6 3
38.8 3
39.0 3
39.0 3
39.2 3
39.4 3
39.6 3
39.8
1971 3
39.8 3
39.9 4
40.0 4
40.1 4
40.3 4
40.6 4
40.7 4
40.8 4
40.8 4
40.9 4
40.9 4
41.1
1972 4
41.1 4
41.3 4
41.4 4
41.5 4
41.6 4
41.7 4
41.9 4
42.0 4
42.1 4
42.3 4
42.4 4
42.5
1973 4
42.6 4
42.9 4
43.3 4
43.6 4
43.9 4
44.2 4
44.3 4
45.1 4
45.2 4
45.6 4
45.9 4
46.2
1974 4
46.6 4
47.2 4
47.8 4
48.0 4
48.6 4
49.0 4
49.4 5
50.0 5
50.6 5
51.1 5
51.5 5
51.9
1975 5
52.1 5
52.5 5
52.7 5
52.9 5
53.2 5
53.6 5
54.2 5
54.3 5
54.6 5
54.9 5
55.3 5
55.5
1976 5
55.6 5
55.8 5
55.9 5
56.1 5
56.5 5
56.8 5
57.1 5
57.4 5
57.6 5
57.9 5
58.0 5
58.2
1977 5
58.5 5
59.1 5
59.5 6
60.0 6
60.3 6
60.7 6
61.0 6
61.2 6
61.4 6
61.6 6
61.9 6
62.1
1978 6
62.5 6
62.9 6
63.4 6
63.9 6
64.5 6
65.2 6
65.7 6
66.0 6
66.5 6
67.1 6
67.4 6
67.7
1979 6
68.3 6
69.1 6
69.8 7
70.6 7
71.5 7
72.3 7
73.1 7
73.8 7
74.6 7
75.2 7
75.9 7
76.7
1980 7
77.8 7
78.9 8
80.1 8
81.0 8
81.8 8
82.7 8
82.7 8
83.3 8
84.0 8
84.8 8
85.5 8
86.3
1981 8
87.0 8
87.9 8
88.5 8
89.1 8
89.8 9
90.6 9
91.6 9
92.3 9
93.2 9
93.4 9
93.7 9
94.0
1982 9
94.3 9
94.6 9
94.5 9
94.9 9
95.8 9
97.0 9
97.5 9
97.7 9
97.9 9
98.2 9
98.0 9
97.6
1983 9
97.8 9
97.9 9
97.9 9
98.6 9
99.2 9
99.5 9
99.9 1
100.2 1
100.7 1
101.0 1
101.2 1
101.3
1984 1
101.9 1
102.4 1
102.6 1
103.1 1
103.4 1
103.7 1
104.1 1
104.5 1
105.0 1
105.3 1
105.3 1
105.3
1985 1
105.5 1
106.0 1
106.4 1
106.9 1
107.3 1
107.6 1
107.8 1
108.0 1
108.3 1
108.7 1
109.0 1
109.3
1986 1
109.6 1
109.3 1
108.8 1
108.6 1
108.9 1
109.5 1
109.5 1
109.7 1
110.2 1
110.3 1
110.4 1
110.5
1987 1
111.2 1
111.6 1
112.1 1
112.7 1
113.1 1
113.5 1
113.8 1
114.4 1
115.0 1
115.3 1
115.4 1
115.4
1988 1
115.7 1
116.0 1
116.5 1
117.1 1
117.5 1
118.0 1
118.5 1
119.0 1
119.8 1
120.2 1
120.3 1
120.5
1989 1
121.1 1
121.6 1
122.3 1
123.1 1
123.8 1
124.1 1
124.4 1
124.6 1
125.0 1
125.6 1
125.9 1
126.1
1 990 1
127.4 1
128.0 1
128.7 1
128.9 1
129.2 1
129.9 1
130.4 1
131.6 1
132.7 1
133.5 1
133.8 1
133.8
1991 1
134.6 1
134.8 1
135.0 1
135.2 1
135.6 1
136.0 1
136.2 1
136.6 1
137.2 1
137.4 1
137.8 1
137.9
1992 1
138.1 1
138.6 1
139.3 1
139.5 1
139.7 1
140.2 1
140.5 1
140.9 1
141.3 1
141.8 1
142.0 1
141.9
1993 1
142.6 1
143.1 1
143.6 1
144.0 1
144.2 1
144.4 1
144.4 1
144.8 1
145.1 1
145.7 1
145.8 1
145.8
1994 1
146.2 1
146.7 1
147.2 1
147.4 1
147.5 1
148.0 1
148.4 1
149.0 1
149.4 1
149.5 1
149.7 1
149.7
1995 1
150.3 1
150.9 1
151.4 1
151.9 1
152.2 1
152.5 1
152.5 1
152.9 1
153.2 1
153.7 1
153.6 1
153.5
1996 1
154.4 1
154.9 1
155.7 1
156.3 1
156.6 1
156.7 1
157.0 1
157.3 1
157.8 1
158.3 1
158.6 1
158.6
1997 1
159.1 1
159.6 1
160.0 1
160.2 1
160.1 1
160.3 1
160.5 1
160.8 1
161.2 1
161.6 1
161.5 1
161.3
1998 1
161.6 1
161.9 1
162.2 1
162.5 1
162.8 1
163.0 1
163.2 1
163.4 1
163.6 1
164.0 1
164.0 1
163.9
1999 1
164.3 1
164.5 1
165.0 1
166.2 1
166.2 1
166.2 1
166.7 1
167.1 1
167.9 1
168.2 1
168.3 1
168.3
1000 1
168.8 1
169.8 1
171.2 1
171.3 1
171.5 1
172.4 1
172.8 1
172.8 1
173.7 1
174.0 1
174.1 1
174.0
1001 1
175.1 1
175.8 1
176.2 1
176.9 1
177.7 1
178.0 1
177.5 1
177.5 1
178.3 1
177.7 1
177.4 1
176.7
!002 1
177.1 1
177.8 1
178.8 1
179.8 1
179.8 1
179.9 1
180.1 1
180.7 1
181.0 1
181.3 1
181.3 1
180.9
!003 1
181.7 1
183.1 1
184.2 1
183.8 1
183.5 1
183.7 1
183.9 1
184.6 1
185.2 1
185.0 1
184.5 1
184.3
004 1
185.2 1
186.2 1
187.4 1
188.0 1
189.1 1
189.7 1
189.4 1
189.5 1
189.9 1
190.9 1
191.0 1
190.3
See footnotes at end of table.
72 CPI Detailed Report-June 2015
'California No 2 Diesel Retail Prices (Dollars per Gallon) Page 1 of 2
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PETROLEUM & OTHER LIQUIDS
OVERVIEW
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ANALYSIS & PROJECTIONS
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Referring Pages:
• Califomia Gasoline and Diesel Retail Prices
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(View History: O Weeldy !Q Monthly O Mnual
California No 2 Diesel Retail Prices
Dollars per Gallon
6
4
2
0
Download Data (XLS File)
1996
1998
2000
e Source: U.S. Energy Information Administration
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no analysis applied
2002
2004 2006
- Califomia No 2 Diesel Retail Prices
2008
2010
2012 2014
This series is available through the EIA open data API and can be downloaded to Excel or embedded as an interactive chart or map on your
website.
California No 2 Diesel Retail Prices (Dollars per Gallon)
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
1995 1.266 1.271 1.294 1.307 1.313 1.322
1996 1.322 1.277 1.276 1.529 1.615 1.529 1.471 1.440 1.467 1.486 1.471 1.433
1997 1.427 1.509 1.475 1.486 1.376 1.304 1.267 1.337 1.357 1.347 1.390 1.340
1998 1.286 1.226 1.174 1.217 1.222 1.163 1.157 1.158 1.167 1.172 1.169 1.123
1999 1.110 1.104 1.237 1.404 1.314 1.392 1.415 1.468 1.401 1.393 1.466 1.447
2000 1.505 1.536 1.629 1.570 1.524 1.509 1.580 1.713 1.940 1.904 1.882 1.816
2001 1.659 1.618 1.593 1.610 1.609 1.612 1.561 1.514 1.651 1.475 1.384 1.270
2002 1.269 1.289 1.394 1.444 1.411 1.427 1.428 1.484 1.597 1.557 1.532 1.524
2003 1.579 1.725 1.818 1.650 1.543 1.581 1.635 1.725 1.656 1.622 1.639 1.681
2004 1.677 1.809 1.897 2.171 2.284 2.056 2.098 2.128 2.164 2.361 2.348 2.137
2005 2.059 2.244 2.455 2.590 2.450 2.469 2.578 2.945 3.125 3.160 2.668 2.504
2006 2.630 2.703 2.738 2.932 3.222 3.192 3.104 3.193 3.053 2.721 2.679 2.906
2007 2.803 2.886 2.885 2.985 2.964 3.019 3.123 3.049 3.024 3.267 3.608 3.475
2008 3.423 3.488 4.014 4.265 4.673 4.968 4.965 4.542 4.087 3.568 2.832 2.345
2009 2.297 2.260 2.139 2.336 2.354 2.697 2.734 2.850 2.837 2.856 2.962 2.913
2010 2.997 2.938 3.058 3.206 3.205 3.102 3.124 3.164 3.144 3.214 3.305 3.408
2011 3.560 3.804 4.187 4.400 4.362 4.213 4.106 4.009 4.057 4.059 4.245 NA
2012 4.103 4.251 4.474 4.419 4.316 4.027 3.917 4.240 4.456 4.376 4.170 4.076
2013 4.083 4.325 4.245 4.134 4.040 4.023 4.068 4.138 4.209 4.134 4.048 4.073
2014 4.082 4.084 4.092 4089 4.119 4.101 4.110 4.085 4.054 3.938 3.813 3.542
2015 3.212 3.110 3.182 3.098 3.254 3.192 3.115
http:// www. eia. gov/ dnav /pet/hist/LeafHandler.ashx ?n= PET &s =EMD EPD2D_PTE_SCA... 8/12/2015
SOLID WASTE SYSTEMS - UKIAH TRANSFER STATION
MUNICIPAL SOLID WASTE
2014
CITY SELF -HAUL
UKIAH
WASTE
SOLUTIONS
Total
City
COUNTY
SELF -HAUL
EMPIRE
WASTE
MGMT
ANDERSON
VALLEY
BOONVILLE
TRANSFER
STATION
POTTER
VALLEY
TRANSFER
STATION
Total
County
TOTAL, City+
County
MONTH
YARDS
ydsto
tons
TONS
TONS
TONS
YARDS
ydsto
tons
TONS
TONS
TONS
TONS
TONS
TONS
TONS
Jan -14
874.29
157.81
124.26
839.14
1121.21
1586.21
286.31
452.33
737.88
48.80
30.10
15.11
1570.53
2691.74
Feb -14
770.19
139.02
60.48
709.02
908.52
1079.14
194.78
390.33
655.68
49.01
34.24
18.96
1343.00
2251.52
Mar -14
980.68
177.01
71.04
818.72
1066.77
1307.24
235.96
560.50
740.62
56.34
45.13
12.05
1650.60
2717.37
Apr -14
1059.34
191.21
243.71
835.96
1270.88
1520.73
274.49
440.47
763.69
55.44
33.84
23.72
1591.65
2862.53
May -14
938.57
169.41
116.73
859.64
1145.78
1683.16
303.81
551.05
720.70
63.66
36.65
11.53
1687.40
2833.18
Jun -14
1054.97
190.42
148.51
773.71
1112.64
1286.04
232.13
616.91
669.30
72.17
41.42
19.61
1651.54
2764.18
Jul -14
978.54
176.63
245.31
846.28
1268.22
1413.35
255.11
415.68
723.08
67.32
33.09
13.88
1508.16
2776.38
Aug -14
1015.93
183.38
177.41
769.15
1129.94
1254.69
226.47
505.88
747.98
70.14
40.75
9.22
1600.44
2730.38
Sep -14
839.00
151.44
84.44
807.04
1042.92
1260.33
227.49
498.35
696.35
65.72
27.93
14.42
1530.26
2573.18
Oct -14
976.76
176.31
115.41
868.50
1160.22
1410.76
254.64
434.25
761.88
59.41
28.19
8.80
1547.17
2707.39
Nov -14
664.67
119.97
67.62
805.10
992.69
1495.02
269.85
403.13
701.91
50.18
35.96
15.92
1476.95
2469.64
Dec -14
932.89
168.39
103.07
911.51
1182.97
1229.26
221.88
252.91
801.86
56.26
29.57
16.70
1379.18
2562.15
TOTAL
11,085.83 2,000.99
1,557.99 9,843.77 13,402.75 16,525.93 2,982.93 5,521.79 8,720.93
714.45
416.87
179.92 18,536.89
31,939.64
MONTH
TOTAL TOTAL TOTAL %
CITY COUNTY M5W CITY % COUNTY
TONS TONS TONS
Jan -14
Feb -14
Mar -14
Apr -14
May -14
Jun -14
Jul -14
Aug -14
Sep -14
Oct -14
Nov -14
Dec -14
1121.21
908.52
1066.77
1270.88
1145.78
1112.64
1268.22
1129.94
1042.92
1160.22
992.69
1182.97
1570.53
1343.00
1650.60
1591.65
1687.40
1651.54
1508.16
1600.44
1530.26
1547.17
1476.95
1379.18
2691.74
2251.52
2717.37
2862.53
2833.18
2764.18
2776.38
2730.38
2573.18
2707.39
2469.64
2562.15
31939.64
41.65%
40.35%
39.26%
44.40%
40.44%
40.25%
45.68%
41.38%
40.53%
42.85%
40.20%
46.17%
58.35%
59.65%
60.74%
55.60%
59.56%
59.75%
54.32%
58.62%
59.47%
57.15%
59.80%
53.83%
SOLID WASTE SYSTEMS - UKIAH TRANSFER STATION
MUNICIPAL SOLID WASTE
2013
CITY SELF -HAUL
UKIAH
WASTE
SOLUTIONS
Total
City
COUNTY
SELF HAUL
EMPIRE
WASTE
MGMT
ANDERSON
VALLEY
BOONVILLE
TRANSFER
STATION
POTTER
VALLEY
TRANSFER
STATION
Total
County
TOTAL,
City +
County
MONTH
YARDS
Yd so
TONS
TONS
TONS
YARDS
ytonso
TONS
TONS
TONS
TONS
TONS
TONS
TONS
Jan -13
1053.09
190.08
74.60
858.03
1122.71
1315.65
237.47
344.68
732.57
45.75
29.77
19.06
1409.30
2532.02
Feb -13
926.70
167.27
129.48
777.78
1074.53
1324.94
239.15
530.58
594.99
44.28
29.04
16.37
1454.41
2528.94
Mar -13
1092.55
197.21
158.68
747.20
1103.09
1409.37
254.39
270.92
724.60
47.83
27.81
16.18
1341.73
2444.82
Apr -13
1040.72
187.85
108.60
752.14
1048.59
1552.05
280.15
587.65
749.78
52.88
36.33
23.92
1730.71
2779.29
May -13
1001.82
180.83
90.93
800.37
1072.13
1655.71
298.86
493.59
814.80
72.50
33.26
15.94
1728.95
2801.07
Jun -13
1066.33
192.47
194.77
732.56
1119.80
1701.37
307.10
324.80
672.12
70.88
26.13
24.29
1425.32
2545.12
Jul -13
975.39
176.06
266.02
807.92
1250.00
1663.11
300.19
466.71
750.30
100.19
30.39
15.89
1663.67
2913.67
Aug -13
999.68
180.44
302.03
821.77
1304.24
1659.42
299.53
527.07
776.41
84.24
33.23
26.15
1746.63
3050.87
Sep -13
986.95
178.14
145.56
814.30
1138.00
1336.75
241.28
362.85
769.48
67.92
31.21
10.66
1483.40
2621.41
Oct -13
1013.47
182.93
154.25
829.28
1166.46
1577.72
284.78
477.25
762.09
51.19
35.14
25.38
1635.83
2802.29
Nov -13
1088.08
196.40
79.19
759.99
1035.58
1498.25
270.43
418.72
721.46
50.09
44.71
12.03
1517.44
2553.02
Dec -13
746.74
134.79
89.96
769.26
994.01
1243.68
224.48
313.82
752.20
39.28
29.59
13.98
1373.35
2367.36
TOTAL
MONTH
11,991.52 2,164.47
1,794.07 9,470.60 13,429.14 17,938.02 3,237.81 5,118.64 8,820.80
TOTAL TOTAL TOTAL
CITY COUNTY MSW CITY % COUNTY
TONS TONS TONS
Jan -13
Feb -13
Mar -13
Apr -13
May -13
Jun -13
Jul -13
Aug -13
Sep -13
Oct -13
Nov -13
Dec -13
1122.71
1074.53
1103.09
1048.59
1072.13
1119.80
1250.00
1304.24
1138.00
1166.46
1035.58
994.01
1409.30
1454.41
1341.73
1730.71
1728.95
1425.32
1663.67
1746.63
1483.40
1635.83
1517.44
1373.35
2532.02
2528.94
2444.82
2779.29
2801.07
2545.12
2913.67
3050.87
2621.41
2802.29
2553.02
2367.36
31939.88
44.34%
42.49%
45.12%
37.73%
38.28%
44.00%
42.90%
42.75%
43.41%
41.63%
40.56%
41.99%
55.66%
57.51%
54.88%
62.27%
61.72%
56.00%
57.10%
57.25%
56.59%
58.37%
59.44%
58.01%
727.03
386.61
219.85 18,510.74 31,939.88
501(.01
this Agreement and provided Contractor shall have fulfilled all requirements for the renewal of such
permits, licenses and approvals. Contractor shall provide City's City Manager or his or her designee with
copies of all permits or amendments or renewals thereof which are not issued by City.
4.14 Applicable Law. Contractor shall perform all its obligations under this Agreement in
accordance with all applicable laws, including, without limitation, the permits, licenses and approvals
described in Section 4.12 above, and shall be solely liable for all fines and penalties that may be imposed
on Contractor for violations thereof.
5. Landfill Fee and Other Surcharges. Within forty-five (45) days after the end of each calendar
month during the term of this Agreement, Contractor shall remit to City as a landfill fee a sum of money
equal to Two Dollars ($2.00) per ton (or the equivalent amount for a cubic yard), or such other amount
approved by City, of Acceptable Waste received by Contractor at the Transfer Station, and any other
Surcharge, approved by and acceptable to the City still in force shall be remitted to an entity, as directed
by the City, within ninety (90) days after the end of each calendar month. If these fees are not paid on or
before such due date, a late payment fee in an amount equal to eighty -three one - hundredths of a percent
(0.83 %) of the amount owing per month will be charged for each thirty (30) day period, or portion
thereof, that the fee remains unpaid. Each monthly remittance to City shall be accompanied by a
statement detailing the Acceptable Waste received at the Transfer Station for the period covered.
6. Gate Rate and Other Service Fees.
6.1 Establishment. Exhibit D sets forth the gate rate and other service fees for services
provided by Contractor under this Agreement (collectively, the "Rates ") effective as of the Effective
Date. Contractor shall not charge lower Rates to any Franchised Waste Hauler or Self Hauler serving or
from areas outside the City. Such Rates shall be subject to review and revision as set forth in Sections
6.2, 6.3, 6.4 and 6.5 below. Contractor shall not charge any amount in excess of the approved Rates for
services required by or permitted under this Agreement.
6.2
Costs.
Modification Based on Consumer Price Index, Fuel Index and Certain Pass - Through
(a) Per Ton MSW Rate. The per ton Municipal Solid Waste ( "MSW ") Rate shall be
adjusted January 1st every year, beginning January 1, 2013 ( "Rate Adjustment Date ") to reflect changes
in the CPI, the Fuel Index and certain Pass - Through Costs by an amount determined in accordance with
the Transfer Station Rate Calculation attached hereto as Exhibit E (the "Calculation ").
(b) Definitions. For purposes of Rate adjustments pursuant to this Section 6.2 and
the Calculation, the following terms shall have the following meanings.
(i) "Base Fuel Cost" means Contractor's actual costs for diesel and other
fuels used in performing services under this Agreement for the year ended December 31, 2010 or
$152,533.47.
(ii) "Base Revenue" means Contractor's total revenue received from
Franchised Haulers and Self - Haulers during the Comparison Year, excluding revenue from the sale of scrap
metal, Recyclables purchased under the buy -back program, and compost.
(iii) "Base Year" means the year ended June 30th one year prior to June 30th
of the Comparison Year.
(iv) "Comparison Year" means the year ended June 30th immediately prior to
the relevant Rate Adjustment Date.
9
Franchise Fees.
(v) "Contractor Rate" means the per ton MSW Rate minus the per ton
(vi) "CPI" means the Consumer Price Index, All Urban Consumers, U.S. City
Average, All Items (1982 -1984 =100), published by the United States Department of Labor, Bureau of
Labor Statistics.
(vii) "Disposal Fees — Garbage" means the actual Disposal Costs paid by
Contractor for Solid Waste delivered by Contractor to the Disposal Facility during the Comparison Year.
(viii) "Disposal Fees — Processing" means the actual Processing Costs paid by
Contractor to CCC, PRS or any other Authorized Facility for Recyclables, Green Waste and Food waste
delivered by Contractor to the CCC facility, the PRS Facility or such Authorized Facility, respectively, during
the Comparison Year.
(ix) "Fuel Costs" means Contractor's actual costs for diesel and other fuels
used in performing services under this Agreement during the Comparison Year.
(x) "Fuel Index" means the California No.2 Diesel Retail Sales by all Sellers
(Dollars Per Gallon) published by the U. S. Energy Information Administration.
(xi) "Operating Costs" means all of Contractor's costs to operate the Transfer
Station under this Agreement, including, without limitation, labor costs, vehicle and vehicle - related costs,
maintenance, insurance and transportation costs, but excluding Fuel Costs, Pass - Through Costs and the
costs of purchasing scrap metal, Recyclables purchased under the buy -back program, and compost
(including sales taxes).
(c) Rules. For purposes of Rate adjustments pursuant to this Section 6.2 and the
Calculation, the following rules shall apply.
(i) "CPI Change" shall be calculated as one hundred percent (100 %) of the
percentage increase or decrease, if any, in the CPI during the Comparison Year, using the CPI published
for June of such Year as compared with the CPI published for June of the Base Year.
(ii) "Fuel Index Change" shall be calculated as one hundred percent (100 %)
of the percentage increase or decrease, if any, in the Fuel Index from June of the Base Year through June
of the Comparison Year; provided, however, that, notwithstanding Section 6.2(b)(iii) above, "Base Year"
for purposes of the Fuel Index Change shall mean the year ended June 30, 2010; and, provided, further,
that the Fuel Index Change adjustment (i.e., Fuel Index Change multiplied by Base Fuel Cost) for any
Rate Adjustment Date shall be calculated after removal of such adjustment for the prior Rate Adjustment
Date.
(iii) The Adjustments for destination charges and Disposal Fees with respect
to the use of the Eastlake landfill that appear in the Calculation are not recurring.
(iv) Rate adjustments for changes in Franchise Fees that take effect on a date
other than January 1st, as well as changes in other Pass - Through Costs, will be determined under Section
6.3 below and not under this Section 6.2.
(v) If City elects to purchase the Transfer Station Site and the Improvements
on December 31, 2016 pursuant to Section 12 below, the cost entitled "Construction/Lease $2.36 /ton" in
the Calculation will be increased annually commencing January 1, 2018 by one hundred percent (100 %)
of the percentage increase or decrease, if any, in the CPI during the Comparison Year, using the CPI
published for June of such Year as compared with the CPI published for June of the Base Year.
(vii) As set forth in the Calculation, each adjustment in the per ton MSW Rate
pursuant to this Section 6.2 shall equal the percentage adjustment in the Contractor Rate plus the per ton
Franchise Fees.
(d) Per Yard MSW and Minimum MSW Rates. Each of the per yard MSW Rate,
minimum MSW Rate and per can MSW Rate shall be adjusted January 1st every year (beginning January
10
1, 2013), as follows: the per yard MSW Rate shall equal 24.05% of the Contractor Rate, plus the per ton
Franchise Fees divided by 5.54; the minimum MSW Rate shall equal the per yard MSW Rate divided by
two (2); and the per can MSW Rate shall equal the minimum MSW Rate divided by three (3). All rates in
this Section 6.2(d) shall be rounded to the nearest five cents.
(e) All Other Rates. Each of the Rates set forth on Exhibit D other than the MSW
Rates shall be adjusted January 1st every year (beginning January 1, 2013) by an amount equal to the
percentage increase or decrease, if any, in the Contractor Rate (i.e., determined before adjusting for
Franchise Fees) . All rates in this Section 6.2(e) shall be rounded to the nearest five cents.
(f) Procedure. The procedure for Rate adjustments under this Section 6.2 shall be as
follows:
(i) Not later than August 15th of each year, Contractor shall file with the
City Manager a written notice of intention to adjust each of the then current Rates effective as of January
1st of the next year in accordance with Section 6.2(a) through (e) above.
(ii) Within sixty (60) days of the filing of the notice of intention, the City
Manager shall review the notice and either confirm that the proposed Rates are within the limit of Section
6.2 above or establish by mutual agreement with Contractor any necessary changes to the proposed Rates
to make such confirmation.
(iii) Not later than October 20th, the City Manager shall inform the City
Council in writing of his or her determination regarding the proposed new Rates and the City Council
shall be entitled to review and confirm that the proposed Rates are within the limit of Section 6.2 above or
establish by mutual agreement with Contractor any necessary changes to the proposed Rates to make such
confirmation, not later than November 20th. Any Rates shall become effective on the following January
1st, provided that Contractor shall post notice of the revised Rates at the Transfer Station not later than
December 1$`.
(iv) In the event that the CPI or the Fuel Index described in Section 6.2 above
shall be discontinued or materially modified during the term of this Agreement, the parties shall together
select a replacement index and/or otherwise change Section 6.2 above so as to replicate, as nearly as
possible, the mutual intention of the parties to rely on the results of either index described in Section 6.2
as in effect on the date hereof.
6.3 Modification Based on Changes in Pass - Through Costs. In addition to adjustments under
Section 6.2 above, each Rate shall be adjusted to reflect changes in Pass - Through Costs that are not the
subject of Rate adjustments pursuant to Section 6.2 above, as follows. Using the section of the
Calculation entitled "Revenue Base," each Rate shall be increased by an amount equal to the increase in
applicable Pass - Through Costs, and decreased by an amount equal to the decrease in applicable Pass -
Through Costs, in each case so as to cause such Rate to compensate for such change in Pass - Through
Costs as of the date such change becomes effective and either payable by or a benefit to Contractor, and
taking into account the increase or decrease in Franchise Fees payable in respect of such change.
Changes in Pass - Through Costs resulting from a change in Disposal Facilities or Processing Facilities
shall cause an increase in Rates as provided herein only if Contractor has complied with Sections 4.1.1
and 4.1.2 and City has approved the successor or alternate Facilities in accordance with such Sections.
6.4 Five Year Review. Once every five (5) years (beginning no later than April 2, 2016 for
purposes of adjusting the Rates effective January 1, 2017), City shall conduct a review for the purpose of
determining whether or not the automatic adjustments provided in Sections 6.2, 6.3 and 6.5 have
adequately adjusted the Rates to cover the actual increase or decrease in the Contractor's reasonable
operating costs or have exceeded those costs and whether the Rates remains fair to the ratepayer and the
11
Contractor. Depending on the results of that review the City may approve an increase or decrease in the
Rates. City shall complete each such review and adjustment, if any, at least three months (3) prior to the
beginning of such year (by September 30, 2016 in the case of the first such review), and Contractor shall
cooperate with such review. In conducting each such review, City shall consider the following
information: financial records of Contractor (including operating expenses and revenues and Disposal,
Processing, Regulatory and other costs of Contractor, and Contractor revenues), the factors described in
Section 6.5 below, and rates charged for comparable services at similar facilities. Increases or decreases
in the Rates pursuant to this Section 6.4 shall be subject to the notice and public hearing requirements in
the Ukiah City Code, Division 4, Chapter 6, Article 1, commencing with Section 3950. The City may
conduct such investigation as it deems necessary to perform this review and Contractor shall cooperate
with such investigation, which may include the City's inspection and copying of Contractor records and
review and/or audit of Contractor's financial records by a City retained CPA, the costs of which shall be
reimbursed to City from Base Revenue but treated as a Pass - Through Cost for rate setting purposes.
6. 5 Modification Based on Extraordinary Items. In addition to adjustments under Sections
6.2, 6.3, and 6.4 above, Contractor may request an increase in the Rates if Contractor's costs increase or
its revenues decrease solely as the result of extraordinary circumstances beyond its control that could not
have been reasonably anticipated by Contractor (such as a Change in Law) and if the increase in costs or
decrease in revenues unavoidably adversely affects Contractor's opportunity to operate at a reasonable
profit. Contractor shall have the burden of producing evidence satisfactory to City demonstrating its need
for a rate increase prior to the regular Five Year Review pursuant to Section 6.4 above, including, but not
limited to, Reviewed or Audited financial statements of Contractor, if requested by City. The City
Council shall consider the request pursuant to the notice and public hearing procedures in Ukiah City
Code, Division 4, Chapter 6, Article 1, commencing with Section 3950.
6.6 Billing. Contractor shall charge and collect from all customers at the Transfer Station
upon receipt of materials, or bill such customers, for all services hereunder. Interest of one percent (1 %)
per month or the highest rate permitted under applicable law, whichever is less, shall be applied to any
past due amounts until paid in full. Amounts shall be past due if not paid within thirty (30) days of
billing. Contractor shall have the right to refuse service to any customer that is more than sixty (60) days
delinquent on his, her or its account.
7. Provisions Applicable to Equipment and Personnel.
7.1 Equipment. Contractor shall provide all equipment necessary to perform the services
described in the Agreement, sufficient in number and capacity to efficiently perform the work required by
this Agreement. All equipment used at the Transfer Station shall be maintained in good working
condition and be suitable for use at the facility without causing unreasonable wear and tear or damage to
the improvements constructed on the Site. The equipment shall comply with all applicable legal
requirements. Contractor shall keep the outside of the truck bodies free from dirt and filth, and shall clean
the inside of the trucks in a sanitary manner on a regular basis. Suitable measures shall be taken to
prevent refuse from falling into public streets or places. Contractor shall keep all trucks freshly painted in
a uniform manner, and the firm name or logo, telephone number, and truck number of each truck shall
appear in a conspicuous manner. Contractor shall keep all equipment in good maintenance and repair,
regularly inspect same, and keep accurate records of all maintenance.
7.2 Facility Maintenance. Contractor shall maintain the Site and the tipping floor in an
12