07/27/2017 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE FIXING AND DETERMINING MAXIMUM COMMERCIAL SOLID WASTE SERVICES RATES IN THE CITY OF SAN JOSE PURSUANT TO THE COMMERCIAL SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION FRANCHISES AGREEMENT BETWEEN THE CITY OF SAN JOSE AND ALLIED WASTE SERVICES OF NORTH AMERICA, LLC DBA REPUBLIC SERVICES INCLUDING THE TOTAL COSTS FOR ORGANICS PROCESSING SERVICES, EFFECTIVE OCTOBER 1, 2017 WHEREAS, on June 21, 2011, the City of San José (the City ) granted exclusive franchises to Allied Waste Services of North America, LLC dba Allied Waste Services of Santa Clara County, currently doing business as Republic Services ( Republic Services ) to provide commercial solid waste and recyclable materials collection from commercial, industrial and institutional waste generators; and WHEREAS, the Commercial Solid Waste and Recyclable Materials Collection Franchises Agreement (the Agreement ) fully executed on September 16, 2011 provides that the City shall fix and determine the maximum rates for commercial solid waste services provided through these exclusive franchises; and WHEREAS, the Agreement sets forth the basis for the adjustment of rates including but not limited to the cost of operation, profit, recyclables and organics processing costs, and government fees; and WHEREAS, in December 2012, City Council approved an amendment to the Agreement to provide for the delivery of additional organic waste from businesses to Zero Waste Energy Development Company; and T-23823 /1423449_4 1
07/27/2017 WHEREAS, in May 2013, City Council approved a second amendment to the Agreement that provided a one-time true-up adjustment to the revenue requirements in 2013-2014; and WHEREAS, in May 2015, City Council approved a third amendment to the Agreement that clarified the rate setting terms and streamlined the rate setting process; and WHEREAS, the agreement between the City and Zero Waste Energy Development Company for organics processing services sets forth the formula for determining the total processing fee, and requires that the fee be reviewed by the City Council; and WHEREAS, on May 3, 2016, the City Council adopted Resolution No. 77738 to fix and determine the maximum commercial solid waste services rates in the City of San José effective July 1, 2016; and WHEREAS, on May 23, 2017, the City Council adopted Resolution No. 78178 to maintain the maximum commercial solid waste services rates adopted in Resolution No. 77738 pending the resolution of a dispute with Republic Services over certain terms of the Agreement that would have had an impact on how the City Council would set the maximum commercial solid waste services rates; and WHEREAS, the City and Republic Services have resolved the dispute pursuant to a Cooperative Agreement and Fourth Amendment to the Agreement; and WHEREAS, the maximum commercial solid waste rates are revised for the remainder of fiscal year 2017-2018 to provide funding to implement the Recyclery Workers T-23823 /1423449_4 2
07/27/2017 Wage in accordance with the Cooperative Agreement and Fourth Amendment to the Agreement; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT: SECTION 1. Effective October 1, 2017, the Maximum Commercial Solid Waste Service Rates that may be charged to customers receiving commercial solid waste and recyclable materials collection service from exclusive franchises shall be as set forth in Exhibit A, and including the organics processing cost as set forth in Exhibit B, both of which are attached to and incorporated in this Resolution. SECTION 2. This Resolution shall supersede Resolution No. 78178. SECTION 3. The Maximum Commercial Solid Waste Service Rates and organics processing costs set forth in this Resolution shall remain effective until such time as they are amended, modified or repealed by a subsequent resolution of the City Council. T-23823 /1423449_4 3
07/27/2017 ADOPTED this day of, 2017, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: SAM LICCARDO Mayor TONI J. TABER, CMC City Clerk T-23823 /1423449_4 4
MAXIMUM SERVICE RATES FOR COMMERCIAL SERVICE FOR CUSTOMERS EFFECTIVE OCTOBER 1, 2017 A. Maximum Service Rates Per Month for Standard Cart Services: Cart Size (gallons) Cart Size (gallons) Single Stream, Without Organics Collections Per Week 1 2 3 4 5 6 32 $61.29 $121.02 $180.75 $240.47 $300.20 $359.91 64 $72.92 $144.00 $215.10 $286.16 $357.24 $428.33 96 $91.14 $180.01 $268.85 $357.71 $446.54 $535.40 Single Stream, With Organics & No Glass Collections Per Week 1 2 3 4 5 6 32 $76.60 $151.25 $225.94 $300.58 $375.25 $449.91 64 $91.14 $180.01 $268.85 $357.71 $446.54 $535.40 96 $113.94 $225.01 $336.07 $447.12 $558.18 $669.24 B. Maximum Service Rates Per Month for Standard Bin Services: Bin Size (cubic yards) Single Stream, Without Organics Collections Per Week 1 2 3 4 5 6 1 $140.61 $272.29 $402.66 $534.69 $666.68 $797.06 1.5 $153.97 $298.17 $440.92 $585.47 $730.01 $872.80 2 $167.34 $324.03 $479.16 $636.27 $793.35 $948.52 3 $196.38 $379.01 $561.63 $748.20 $928.86 $1,113.46 4 $225.42 $435.06 $644.69 $854.32 $1,063.99 $1,273.62 6 $282.12 $544.50 $806.87 $1,072.06 $1,334.44 $1,599.63 8 $341.59 $659.24 $976.96 $1,291.22 $1,608.88 $1,926.55 T-23823 /1423449_4 A-1
Bin Size (cubic yards) Single Stream, With Organics & No Glass Collections Per Week 1 2 3 4 5 6 1 $175.77 $340.37 $503.34 $668.35 $833.37 $996.33 1.5 $192.46 $372.70 $551.14 $731.84 $912.53 $1,090.99 2 $209.17 $405.03 $598.96 $795.33 $991.68 $1,185.65 3 $245.46 $473.76 $702.08 $935.27 $1,161.09 $1,391.82 4 $281.77 $543.82 $805.86 $1,067.92 $1,329.98 $1,592.03 6 $352.65 $680.62 $1,008.60 $1,340.08 $1,668.04 $1,999.54 8 $426.98 $824.07 $1,221.19 $1,614.01 $2,011.09 $2,408.18 C. Maximum Service Rates For Compactor Service: Single Stream, Without Organics: $25.38 per collection per cubic yard Single Stream, With Organics and No Glass: $31.73 per collection per cubic yard D. Maximum Service Rates for Additional Collections: 1. Maximum Service Rates Per Collection for Extra Cart or Bag Collection Cart or Bag Size (gallons) Single Stream, Without Organics Regular Non-Regular Single Stream, With Organics & No Glass Regular Non-Regular 32 $21.21 $93.57 $26.53 $116.96 64 $25.24 $97.59 $31.54 $122.00 96 $31.54 $103.92 $39.44 $129.89 T-23823 /1423449_4 A-2
2. Maximum Service Rates Per Collection for Extra Bin Collection Bin Size (cubic yards) Single Stream, Without Organics Regular Non-Regular Single Stream, With Organics & No Glass Regular Non-Regular 1 $42.18 $114.55 $52.74 $143.18 1.5 $46.18 $118.56 $57.74 $148.20 2 $50.20 $122.56 $62.76 $153.21 3 $58.91 $131.31 $73.64 $164.11 4 $67.62 $139.99 $84.53 $174.99 6 $84.65 $157.01 $105.82 $196.25 8 $102.48 $174.84 $128.11 $218.56 3. Maximum Service Rates Per Collection Per Cubic Yard for Compactor Collection Single Stream, Without Organics Regular Non-Regular Collection Day Single Stream, With Organics & No Glass Regular Non-Regular Rate Per Collection Per Cubic Yard $32.99 $47.58 $41.25 $59.48 T-23823 /1423449_4 A-3
E. Maximum Service Rates For Extra Services: Type of Service Rate Information Maximum Rate Hasp & Lock for Cart/Bin Per Collection Rate (one time charge) $21.71 Replace Lock Per Collection Rate $50.65 Steam Cleaning Per Collection Rate $72.35 Push/Pull Charge (per increment of 50 ft) Per Month, Per Increment of 50 ft, Per Bin Rate, Per Collection $28.95 Lock/Unlock Charge Per- Month Rate, Per Collection $28.95 Cart/Bin Delivery/Pick-Up Extra rate paid if customer requests a change in cart/bin size more than once/year $50.65 Cart/Bin Exchange/Replacement (in the event of damage, service level change, or other) Extra rate paid if customer requires cart/bin replacement (one replacement per year at no cost) $50.65 Return Rate Extra rate paid if customer container is blocked or unserviceable & franchisee has to return to provide service $72.35 Organics Contaminated w/ Glass 1st Occurrence 10% of Mo. Bill Organics Contaminated w/ Glass 2nd Occurrence 20% of Mo. Bill Organics Contaminated w/ Glass 3rd Occurrence 30% of Mo. Bill Organics Contaminated w/ Glass 4th Occurrence 40% of Mo. Bill Organics Contaminated w/ Glass Per Occurrence Beyond 4 th 50% of Mo. Bill Occurrence Service Interrupt Fee Per Occurrence Rate $43.41 Late Fee After 60-days past due 1.50% of Past Due Amount Insufficient Funds Fee Per Occurrence Rate $43.41 T-23823 /1423449_4 A-4
F. Maximum Service Rates For Drop Box Services: 1. Regularly Scheduled Roll Off Collection Service (Per Pull/Return Rate not including initial delivery Rate which is charged separately. Excludes compactors) Receptacle Single Stream, Without Organics Rate Information Tonnage Limit North District South District 10 cubic yard Per Pull/Return Rate 2 $477.59 $549.94 20 cubic yard Per Pull/Return Rate 3 $571.66 $644.02 30 cubic yard Per Pull/Return Rate 4 $665.73 $738.07 40 cubic yard Per Pull/Return Rate 5 $759.80 $832.16 Customer Owned Compactors Receptacle Per Yard, Per Pull/Return Rate 0.20 per yard $28.50 $30.04 Single Stream, With Organics & No Glass Rate Information Tonnage Limit North District South District 10 cubic yard Per Pull/Return Rate 2 $506.53 $578.89 20 cubic yard Per Pull/Return Rate 3 $615.08 $687.43 30 cubic yard Per Pull/Return Rate 4 $723.62 $795.98 40 cubic yard Per Pull/Return Rate 5 $832.16 $904.52 Customer Owned Compactors Receptacle Per Yard, Per Pull/Return Rate 0.20 per yard $32.87 $34.67 Landscape Green Waste Only Rate Information Tonnage Limit North District South District 20 cubic yard Per Pull/Return Rate 3 $484.84 $557.18 30 cubic yard Per Pull/Return Rate 4 $549.94 $622.31 40 cubic yard Per Pull/Return Rate 5 $615.08 $687.43 T-23823 /1423449_4 A-5
2. On-Call Roll Off Collection Service (Per Pull/Return Rate not including initial delivery Rate which is charged separately. Excludes compactors) Receptacle 10 cubic yard 20 cubic yard 30 cubic yard 40 cubic yard Customer Owned Compactors Receptacle 10 cubic yard 20 cubic yard 30 cubic yard 40 cubic yard Customer Owned Compactors Single Stream, Without Organics Rate Information Tonnage Limit Per Pull/Return Rate 2 Per Pull/Return Rate 3 Per Pull/Return Rate 4 North District South District $506.53 $586.13 $600.60 $680.19 $694.67 $774.28 Per Pull/Return Rate 5 $788.74 $868.34 Per Yard, 0.20 per Per Pull/Return Rate yard $29.92 $31.54 Single Stream, With Organics & No Glass Rate Information Tonnage Limit Per Pull/Return Rate 2 Per Pull/Return Rate 3 Per Pull/Return Rate 4 North District South District $535.48 $615.08 $644.02 $723.62 $752.56 $832.16 Per Pull/Return Rate 5 $861.11 $940.69 Per Yard, 0.20 per Per Pull/Return Rate yard $34.53 $36.39 Receptacle 20 cubic yard 30 cubic yard 40 cubic yard Rate Information Landscape Green Waste Only Tonnage Limit Per Pull/Return Rate 3 Per Pull/Return Rate 4 Per Pull/Return Rate 5 North District South District $513.77 $593.36 $578.89 $658.50 $644.02 $723.62 T-23823 /1423449_4 A-6
3. Other Miscellaneous Drop Box Services Type of Service Receptacle Rate Information Maximum Rate Demurrage Charge All box Weekly Rate * (e.g., rental charge) sizes $238.79 All box Per Occurrence Rate for delivery Delivery Service sizes to collection site $94.08 Overage Charge All & Per Ton Rate For Each Ton In Single Stream (w/o Compactors Excess of Limits Organics) Sizes $94.08 Overage Charge Single Stream (w/ Organics & No Glass) Overage Charge Landscape Green Waste Only Hasp & Lock for Roll Off, one time charge All & Compactors Sizes All & Compactors Sizes Per Ton Rate For Each Ton In Excess of Limits Per Ton Rate For Each Ton In Excess of Limits $108.54 $65.13 Not Applicable Per Occurrence Rate $21.71 Extra rate paid if customer Return Rate Not Applicable container is blocked or unserviceable & franchisee has to return to provide service $72.35 Relocation Charge All box Per Relocation Rate sizes $108.54 Steam Cleaning or Compactor Repairs All box sizes Per Hour Rate (parts billed separately) $217.09 Organics Contaminated 10% of Mo. Bill Not Applicable 1st Occurrence w/ Glass Organics Contaminated 20% of Mo. Bill Not Applicable 2nd Occurrence w/ Glass Organics Contaminated 30% of Mo. Bill Not Applicable 3rd Occurrence w/ Glass Organics Contaminated 40% of Mo. Bill Not Applicable 4th Occurrence w/ Glass Organics Contaminated 50% of Mo. Bill Not Applicable Beyond w/ Glass Service Interrupt Fee Not Applicable Per Occurrence Rate $43.41 Late Fee Not Applicable After 60-days past due 1.50% Insufficient Funds Fee Not Applicable Per Occurrence Rate $43.41 * Extra charge if a customer subscribing to temporary service keeps the box longer than 7 days without pickup or return. T-23823 /1423449_4 A-7
07/27/2017 Fees TOTAL ORGANICS PROCESSING FEE Anaerobic Digestion Processing Fees ($ per ton) Organic Stream One Two Three Four Residue Level 5% > 5% & 10% > 10% & 20% > 20% & 30% Base Component Fee $78.47 $89.05 $99.67 $109.42 LEA/Government Fee $0.55 $0.55 $0.55 $0.55 Total Processing Fee $79.02 $89.60 $100.22 $109.97 Fees Compost Processing Fees ($ per ton) Organic Stream One Two Three Four Residue Level 5% > 5% & 10% > 10% & > 20% & 20% 30% Base Component Fee $76.06 $86.45 $96.58 $102.76 LEA/Government Fee $0.55 $0.55 $0.55 $0.55 Total Processing Fee $76.61 $87.00 $97.13 $103.31 T-23823 /1423449_4 B-1