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HomeMy WebLinkAboutRainbow Environmental Services - Previously Rainbow Disposal - Company, Inc. and Rainbow Transfer - Rainbow Republic Services - 2006-07-03 PROPERTY DAMAGE RELEASE THIS PROPERTY DAMAGE RELEASE("Release")is made and executed by City of Huntington Beach,CA("Releasor"). This Release is entered into with respect to the following facts: 1, Releasor alleges that on or about 9/12/22 near/around 8800 Burlcrest Dr. Huntington Beach, CA.Releasor sustained property damages due to hydraulic fluid leak. 2. Releasor wishes to resolve and settle all remaining property damage claims against Rainbow Disposal Co.,Inc. NOW,THEREFORE,in consideration of the foregoing,Releasor agrees as follows: Release. Releasor,on behalf of himself/herself and on behalf of Releasor's administrators, successors, assigns,insurer and attorneys,and in consideration of$177,078.88 paid by Rainbow Disposal Co.,Inc, and other valuable consideration as set forth herein,the receipt and adequacy of which is hereby acknowledged,does hereby fully release and forever discharge Rainbow Disposal Co., lnc.and its/their parent entities, affiliates,predecessors,successors in interest,subsidiaries, divisions,employees,officers, directors,members,shareholders,agents,attorneys,insurers,and all persons or entities acting by,through, under or in concert with it(hereinafter"Releasees"), of and from any manner of action or actions,claims, demands and causes of action of every kind,nature or description whatsoever,in law or in equity,suits, debts,liens, contracts,agreements,promises,torts,liabilities,damages,losses,costs or expenses,of any nature whatsoever,known or unknown,fixed or contingent,which Releasor now has or may hereafter have against Releasees,arising out of,or by reason of,or in any manner connected with the property damage set forth in Paragraph 1 hereof. Costs and Attorney Fees. Releasor will pay their own costs, attorney fees,and expenses with respect to Releasor's claims, including,without limitation,those incurred prior to or after the filing of any Action,or in connection with the preparation of this Release. Releasor Responsible for All Liens;Non-Assignment of Claims; Other Actions. Releasor warrants that no persons or entities presently have lien rights relating to the consideration paid herein and understands and acknowledges that Releasees agrees to pay the above referenced settlement amount in reliance upon this warranty. Releasor acknowledges,represents and warrants that(a)Releasor is the sole and lawful owner of the rights,titles and interests in and to every claim or matter herein released, (b)Releasor has not heretofore assigned,subrogated,or transferred or attempted to assign, subrogate,or transfer to any person,firm,or entity,any claim or other matter herein released,(c)Releasor shall not file, cause to be filed,or assist in the preparation or filing of any action or claim herein released. Advice of Counsel. Releasor warrants and represents that in executing this document, Releasor has been given the opportunity to seek advice of counsel or relied on legal advice from the attorneys of their choice,and that the terms of this document and its consequences have been completely read or explained to them by their attorneys,and that they fully understands the terms of this document. Releasor acknowledges and represents that Releasor understands the potential for future risks, complications,and costs. Non-Admission of Liability. Releasor understands, acknowledges,and agrees that this Release constitutes a compromise of a disputed claim and said compromise(1)is made solely to prevent further involvement in what is anticipated to be expensive and time consuming litigation,(2)is made without regard to the merits or lack of merit of any of the claims asserted,and(3)that Releasees,expressly deny any liability to Releasor. Neither this document nor any consideration given hereunder is to be General Release construed as an admission of any liability,express or implied,on the part of Releasees. Releasees specifically disclaim any liability to or wrongful acts against Releasor. No Strict Construction. The language of this document shall be construed as a whole, according to its fair meaning and intent,and not strictly for or against any party given rights hereunder, regardless of who drafted or is principally responsible for drafting this document or any specific term or condition hereof. This Release shall he deemed to have been drafted by all parties given rights herein,and no person, firm or party hereto shall urge otherwise. Entire Agreement. Releasor hereby declares,warrants,and represents that the consideration recited herein is the sole consideration and there have been no promises,representations, inducements,or agreements made except as contained in this Release. This Release embodies and sets forth the entire agreement and understanding between the parties relating to the subject matter hereof. This document merges and supersedes all prior discussions,agreements,understandings,representations, conditions, warranties, covenants,and all other communications between Releaser and Releasees relating to the subject matter hereof. Applicable Law. The terms and provisions of this document shall be construed according to and governed by the laws of the State of CA without reference to its conflict of law principles. Venue. Any action arising from,or relating to,the terms or provisions of this document shall be litigated in the state or federal courts for the State of CA. Insurance Code Section 1871.2. Releasors re hereby advised that California law requires the following to appear on this form: Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. Execution Free and Voluntary. Releaser acknowledges and warrants that execution of this document is voluntary and free of duress of any kind or nature. IN WITNESS THEREOF,the undersigned has signed their name t Release on this ?�. day of __ta.t-r%.,) 20 Z. Name: ' Z r-�K,a i (-1-c‘t i►4")#-AG°2— By: Address:2"` fr14 r r-' - -r• [Na H vns7t v.L mac,-j /�Cc t (A REL 1.2.(c 1`'' Date: t• Z(`-' APP�AOV��•, .• . ope ICHA E. GA ' CITY ATTORNEY• ^v 2 91TY OF HUNTINGTON BEACH ORIGINAL SPILL �t� C�°'a.�?iV �a t7 '�' •• `�-ram° '' 3 �_ �icy�F-4��'�4 r , w is. s J av '1A �Pii: Sv •£yam ~mob t ry ss yw ���(***ty Y...- .4 ^ `p 4'`�Sc- Y' + 'CI �- i • F "S ti a s, " ' .e . :f' 4 p { �NL: i s"[ i 7y -,}—z`S -', .4Vii "3p4A-AK 4✓ fn' , :a" ,'yE W71 fir�q te ty j. 8 � w rs a E '3 s �9 , , � Lyr .' f '"*" c�l te . 4sL. . . m. , - al ty0Z d ,- -iti or x rT -^• yf � e '" g , ) g SeK *T.,51!r` - x aiw t c _ xjj y y xf g , x .e ,e7 fi . :y F �t t �, -.4 t 3 'K• 7 v+.:x aa ?-t F. 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C: e Alma s. DeeeeL• L ' _ingixe nenimm •. a Iwo , Giza.. UUEIL _It®1311aao111 'lS puelmeN / Illkiiiii.i ! Amerce Asphalt. South; Inca Date: 17-Oct 22 To: City of Huntington Beach Address: 17371 Gothard Street Huntington Beach;CA 92647 Attn:. Attn:Dereck Livermore Phone: 714 960-8881 From: TIM GRIFFIN Pages: . 1 • Subject: - Pavement Damage by Republic RD444 American Asphalt South,Inc.will provide all equipment,labor,material and ' tools to perform the following work on the above referenced project. JTEM# DESCRIPTION . . UNIT QUANTITY UNIT f$1 TOTAL($) 1 RPMS Slurry Seat SP 663,056 - $0.2300 $152,502.88 • 2 Burn and scrape oil spots Days 7 $1,985.00 $13,895.00 3 Striping Per Existing Paint LS • 1 $10,681.0000 $10,681.00 €ndluding existing RPM's TOTAL= $177,078.88 The following inclusions and exclusions apply. • • INCLUSIONS: 1 MOVE-IN TRAFFIC CONTROL FOR OUR WORK • . Bum and scrape oil spots sweep and haul away debris price based on 2 guys at B hours per day and equipment per day f XCLUSIONS: ' PAVEMENT REPAIRS,STRIPE/MARKER-REMOVAL, REPLACEMENT,PROTECTION,OR REFERENCING,TEMPORARY STRIPING/MARKING . OTHER THAN STATED ABOVE NOTE: SUBMITTED BY: : .... DATE: /6/ f22 1M GRIFFIN ACCEPTED BY: DATE: • www.americanasphaltsoulh.com . ' - Lic,#784969 • ' MAILING ADDRESS:P.O,BOX 310038•FONTANA,CA 92331 •PHYSICAL ADDRESS:19792 EL RMVINO ROAD-RIVERSIDE,CA 92509•(909)427-8276•FAX(909)427-8279 .. -, ..,_ , " ----\ , CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648-2702 •,.. ....... _ --... , OFFICE OF THE CITY MANAGER FRED A. WILSON May 6. 2019 Mr. Chris Kentopp. General Manager Rainbow Disposal Co.. Inc. 17121 Nichols Lane Huntington Beach, CA 92647 RE: Notice of Termination of Annual Extension of Term Dear Mr. Kentopp: As provided in Paragraph 3(B)of the"Revised and Restated Refuse Collection and Disposal Services Franchise Agreement by and between the City of Huntington Beach and the Rainbow Disposal and Rainbow Transfer and Recycling Companies"(Agreement). the annual extension of the fifteen year term of the Agreement may be terminated by either party in their sole discretion, without cause, by notification in writing("Notice of Termination of annual Extension"). By this letter the City is hereby terminating the annual extension effective three years from the day this notice is provided. The Agreement shall remain in effect fir the balance of the fifteen year term.June 30. 2037. unless the Agreement is otherwise terminated as provided in the Agreement. reiSine ely. A Wilson City Manager cc: Honorable Mayor and City Council Members Michael Gates,City Attorney Robin Estanislau. City Clerk Travis Hopkins. Director of Public Works Dept. ID PW 17-032 Page 1 of 2 Meeting Date: 6/19/2017 e- ' o _ CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/19/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Receive and File the Commercial Solid Waste Rate Schedule Effective July 1, 2017 Statement of Issue: The Refuse Collection and Disposal Services Franchise Agreement with Rainbow Environmental Services (Rainbow) requires an annual adjustment of commercial collection and disposal rates each July 1 as determined by a formula provided in the agreement. Financial Impact: Commercial services are provided by direct agreement between Rainbow and the customers. An increase to Refuse Franchise Fee revenue of approximately $30,000 per year is projected as a result of the rate increase. Recommended Action: Receive and file the rate sheet for Commercial Solid Waste collection and disposal service effective July 1, 2017, which becomes the new Exhibit A of the Revised and Restated Refuse Collection and Disposal Services Franchise Agreement. Alternative Action(s): Non-applicable. Information item only. Analysis: Rainbow calculated the 2017 commercial rates per the formula provided in the Refuse Collection and Disposal Services Franchise Agreement with the city. A change in compensation for each contract year is determined by a formula with three weighted variables. The variables and their weighting factors (in parentheses) are the Los Angeles-Riverside-Orange County All Urban Consumer Price Index (CPI-U) for March (76%), the County of Orange Landfill Disposal fee (16%), and Rainbow's average costs of Compressed Natural Gas fuel for March (8%). The calculated adjustment for 2017 results in an increase of 3.04%. Rainbow's formula calculation with supporting documentation is provided as Attachment 1. The fees for commercial solid waste, recycling, and disposal services are provided and invoiced directly to the customer by Rainbow. The commercial solid waste charges are not received or processed by the city. Although City Council action is not required for this item, staff has traditionally notified City Council of the pending adjustment via an agenda item. Attachment 2 is the 2017 Rate Sheet which will become the new Exhibit A of the Franchise Agreement. HB -77- Item 8. - I Dept. ID PW 17-032 Page 2 of 2 Meeting Date:6/19/2017 Public Works Commission Action: Public Works Commission not required for this item. Environmental Status: Statutorily exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3), which exempt projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Strategic Plan Goal: Non-Applicable —Administrative Item Attachment(s): 1. 2017 Solid Waste Disposal Rate Certification for Commercial Services 2. Exhibit Commercial Solid Waste Rates Effective July 1, 2017 Item 8. - 2 HB -78- Tel 714 847 3581 •Fax 714 841 4660 ENVIRONMENTAL(g)RAINBOW 17121 Nichols Lane L 'ICES Huntington Beach,CA 92647 A REPUBLIC SERVICES May 4, 2017 Lori Ann Farrell Director of Finance City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: 2017 Solid Waste Disposal Rate Certification for Commercial Services Dear Ms. Farrell: Attached is the 2017-2018 Refuse Rate calculation for the City of Huntington Beach commercial solid waste collection provided by Rainbow Environmental Services, a Republic Services Company. In accordance with the terms of the franchise agreement, The City of Huntington Beach should consider Rainbow's compensation by dividing the current fee into the components (76%, 16%, 8%). The City of Huntington Beach shall then apply the increases in each of the factor's components (1-3) to each of the corresponding percentages of the rate. The rate utilizes a formula which is based on three factors: 1. The projected percentage of increase or decrease in the Bureau of Labor Statistics Consumer Price Index (CPI) for the Orange County area from March to March of the preceding twelve (12) months. This factor constitutes seventy-six (76%) of the rate adjustment. 2. The increase or decrease in the Orange County landfill tipping fees. This factor constitutes sixteen percent (16%) of a rate adjustment and is based upon the tipping fee adopted by Orange County for the subsequent fiscal year. 3. The increase or decrease in the average per gallon price of fuel as paid by Rainbow during the March to March timeframe noted above. This factor constitutes eight percent (8%) of a rate adjustment (Please refer to attachment for calculation). In accordance with the factors outlined above, the rate will increase by 3.04%. Rainbow Environmental Services respectfully requests the City of Huntington Beach's consideration in the rate compensation adjustment for commercial services proposed herein for implementation on July 1, 2017. Printed HB -.79 Paper Item 8. - 3 Lori Ann Farrell May 4, 2017 Page 2 Please let us know if you have any questions or comments and thank you for the opportunity to serve the solid waste and recycling needs of the City of Huntington Beach. CERTIFICATION To the best of our knowledge the information enclosed is complete and accurate. L 4�6 Chris Kentopp General Manager Rainbow Disposal Co., Inc. ACKNOWLEDGEMENT vav,, Lori Ann Farrell Director of Finance City of Huntington Beach Item 8. - 4 HB _80_ Printe-_ _.. .__,_._ 1Paper City of Huntington Beach July 1, 2017 Rate Increase Calculation CPI Portion(76%) March March Change % Effective PI 2016 2017 247.873 254.525 6.652 2.68% 2.04% County of Orange Landfill Tipping Fee Portion (16%) 2016 2017 Change % 32.96 33.5 0.54 1.64% 0.26% CNG Pricing Portion(8%) March March Change % 2016 2017 $ 2.06 $ 2.25 $ 0.19 9% 0.74% Total Price Increase-July 1, 2017 3.04% HB -81- Item 8. - 5 Show Lin,interim Director o a n N c e c o u N r v 300 N.Flower Street.Suite 400 Waste,: ` T1 ° Santa Ana,CA 92703 e c c in yr�vw ac n fills o f Our Community, Our Conmltn-1, Ia C Telephone: (714)834-4000 Fax: (7I4)834-4183 March 9, 2017 City of Huntington Beach O -0 Fred Wilson,City Manager °fihe 2000 Main Street Huntington Beach,CA 92648 d�d9A, Subject: Waste Disposal Agreement Contract Rate Dear Mr.Wilson: In accordance with the Waste Disposal Agreement between the City of Huntington Beach (City) and the County of Orange(County), the County is obligated to provide the City with notice of the adjustment to the contract rate on an annual basis effective July I"of each year. T ' r serves as your official notice that the adjusted contract rate is effective July 1, 2017 and will b $33.50. escalation calculation of the adjustment is included as an attachment to this letter as set fo ection 4.2(F) of the Waste Disposal Agreement. If you have any questions,please call me at(714) 834-4130 or e-mail me at ]a'1�tt?Il.a1t1101'alt`[L'Oi;ty I'.00t_?(1��.00111. Sincerely, r Kristen Almaraz Contract Compliance Manager Business Services, Contract and Program Support Attachment Item 8. - 6 HB -82- Commercial Service Rates Commercial Commercial Service Rates Service Rates 2017 Rate Calculation Calculated Effective 711117 Calculated 711117 2016 2016 Refuse 2017 2017 RDC 5% Calculated Refuse MRF Percent Refuse MRF 2017 Franchise 2017 Basic Franchise State Total 2016 2017 Rate Rate Change Rate Rate Rate Fee Total Service Fee Rec sling Fee Rate Rate 1 Yard 1 X Per Week 71.54 2.66 3.04% 73.71 2,66 76.37 3.69 80.06 73,71 3,69 2.66 80.06 77.78 80,08 2 X Per Week 112.22 5.40 3,04% 115.64 5.40 121.04 5.78 126.82 115.64 5,78 5,40 126.62 123.24 126,82 3 XPerWeek 140.57 8,14 3.04% 144.84 8.14 152.96 7.24 160.22 144.84 7.24 8.14 160.22 156-74 160.22 4 X Per Week 154.55 10.92 3.04% 159.25 10.92 170-17 7.96 178.13 159.25 7.96 10.92 179.13 173.19 178.13 5 X Per Week 1&0.89 13.66 3.04% 186.39 13.66 200.05 9.32 209.37 18&39 9.32 13.66 209.37 203.59 209.37 6 X Per Week MIS 16,42 3.04% 215.52 16.42 231.94 10.78 242.71 215,52 10.76 16.42 242.71 236.04 242.71 2 Yard 1 X Per Week 116.45 4.70 3.D4% 119.99 4.70 124.69 6.00 130.69 119.99 6.00 4.70 130,69 126.98 130.69 2 X Per Week 166,92 9.22 3.04% 171.99 9.22 181.21 8.6D 189.81 171.99 8.60 9.22 189.81 184,48 189.81 3 X Per Week 209.23 14.98 3 04% 215.59 14.98 230,57 10,78 241.35 215.59 10.78 14.98 24t.35 234,67 241.35 4 X Per Week 245.38 20.04 3.04% 252.64 20.04 2.72,88 12,64 285,52 252A4 12,64 20.04 285.52 277.69 285.52 5 X Per Week 302,14 25.04 3.04% 311.32 25.04 336.36 15.57 351,93 311.32 15.57 25.04 351.93 342,29 MUG 6 X Per Week 348,96 30.08 3,04% 357.51 30,06 387.59 17.88 405.47 357,51 17.88 30.06 405A7 394,39 405.47 3 Yard 1 X Per Week 148.84 4.71 3.04% 153.37 4.71 158.08 7.67 165.75 153.37 7.67 4.71 165,75 161.00 165.75 2 X Per Week 224.17 $0,50 3.04% 230,99 10.50 241.49 11.55 253.04 230.99 11.55 10,50 253.04 245.88 253.04 3 X Per Week 302.10 20.54 3.04% 311.28 20.54 331,82 15.56 347.39 311.28 15.56 20.54 347.39 337,74 347.39 4 X Per Week 354.84 30,14 3.04% 366.63 30.14 395.77 18.26 414.D5 365.63 18.28 30.14 414.05 402.72 414.05 l� 5 X Per Week 45C36 37.68 3,049: M4.17 37.68 505A5 23.41 52926 468,17 23.41 37.68 529.26 614.75 529.26 i 6 X Per Week 531.22 45,22 3.D4% 547.37 4522 592.69 27.37 619.96 547,37 27.37 4522 619.96 603.00 619.96 �+a ' trd Compactor 1 X Per Week 311.55 3.04% 321.03 321,33 16.05 337,08 321.03 16.05 337.D8 327.13 337.08 2 X Per Week 479.43 3.04% 494.00 494.00 24,70 518.70 494.00 24.70 5t8.70 503.40 518.70 3 X Per Week 665.26 3.04% 685.49 685.A9 34.27 719,77 685A9 34,27 71937 698,53 719.77 4 X Per Week 799A6 3.94% 823.76 823.76 41,19 864,95 823.76 41.19 864.95 839,43 MW95 5 X Per Week 1,020.87 3.0496 1.051.91 1,051.91 52,60 1,104.50 1,051.91 52.60 1.104.50 1,071.91 1,104.50 6 X Per Week 1.197.13 3.04% 1,233.53 1,233.53 61.68 1,295.20 1.233.53 61.68 1,295.2D 1.256.99 1,29510 IndustrialfRA6 Refuse 2017 2017 5% Calculated 2016 Percent Refuse Refuse Franchise 2017 2017 2016 2017 Rate Change Rate Before FF Fee Total Rate Rate Rate 40 Yd DOS(4) 476.00 IN% 490.47 490.00 24.52 515.00 515.00 476,00 490.00 8 Yd DOB(4)Lowboy 518.00 3.04% $33.75 534.00 26.69 560.44 560.00 518.00 534.00 RAB-Weekday 61.00 3.04% 62,95 63.00 3.14 6600 66.00 61.00 63.00 RAS-Weekend 76,00. 3.04% 78.31 78.00 3.92 92.23 82.00 76A0 78,00 40 Yd Compactor(8)Tons $620.30 $620,30 40 Yd Compactor Haul plus Disposal $164,94 $164.94 plus disposal of$56.92 per ton. ►-w 3 Compactor Recycling,Haul Only S164.94 $164.94 no disposal YLm Roll Off $75.00 S75.00 weight $58.98 $58.98 per ton i Yardage $45,00 $45.00 Of} m Clean/Decdorize Compactor $125,00 $125.00 r cle Contamination $45.00 $45.00 AB 341-MANDATORY COMMERCIAL RECYCLING AB 1826 MANDATORY ORGANICS RECYCLING CITY OF HUNTINGTON BEACH SUBMITTED TO CITY ON 05/04/17 SOURCE SEPARATED RECYCLING* MIXED WASTE PROCESSING* STATE STATE RECYCLING S%FRAN RECYCLING S%FRAN SERVICE LEVELS BASE RATE FEE FEE RATE SERVICE LEVELS BASE RATE FEE FEE RATE '`.. "` ARD_ _z<3 YARD 1 X PER WEEK $ 135.15 $ $ 6.76 $ 141.91 1 1 X PER WEEK $ 159.00 $ 4.71 $ 7.95 $ 171.66 2 X PER WEEK $ 203.55 $ $ 10.18 $ 213.72 2 X PER WEEK $ 239.47 $ 10.50 $ 11.97 $ 261.94 3 X PER WEEK $ 274.30 $ $ 13.71 $ 288.01 3 X PER WEEK $ 322.70 $ 20.54 $ 16.14 $ 359.38 4 X PER WEEK $ 322.19 $ $ 16.11 $ 338.30 4 X PER WEEK $ 379.05 $ 30.14 $ 18.95 $ 428.14 5 X PER WEEK $ 412.55 $ $ 20.63 $ 433.18 5 X PER WEEK $ 485.35 $ 37.68 $ 24.27 $ 547.30 6 X PER WEEK $ 482.34 $ $ 24.12 $ 506.46 6 X PER WEEK $ 567.46 $ 45.22 $ 28.37 $ 641:05 [4X PER WEEK $ 105.73 $ $ 5.29 $ 111.02 1 X PER WEEK $ 124.39 $ 4.70 $ 6.22 $ 135.31 PER WEEK $ 151.56 $ $ 7.58 $ 159.14 2 X PER WEEK $ 178.30 $ 9.22 $ 8.92 $ 196.44 PER WEEK $ 189.98 $ $ 9.50 $ 199.48 3 X PER WEEK $ 223.50 $ 14.98 $ 11.18 $ 249.66 PER WEEK $ 222.81 $ $ 11.14 $ 233.95 4 X PER WEEK $ 262.12 $ 20.04 $ 13.11 $ 295.27 5 X PER WEEK $ 274.33 $ $ 13.72 $ 288.05 5 X PER WEEK $ 322.74 $ 25.04 $ 16.14 $ 363.92 6X PER WEEK $ 315.03 $ $ 15.75 $ 330.79 6 X PER WEEK $ 370.63 $ 30.08 $ 18.53 $ 419.24 1 YARD 1X PER.WEEK $ 64.96 $ $ 3.04 $ 68.00 1 X PER WEEK $ 76.42 $ 2.66 $ 3.82 $ 82.90n 2 X PER WEEK $ 101.90 $ $ 4.77 $ 106.67 2 X PER WEEK $ 119.89 $ 5.40 $ 5.99 $ 131.28 3 X PER WEEK $ 127.63 $ $ 5.97 $ 133.60 3 X PER WEEK $ 150.15 $ 8.14 $ 7.51 $ 165.80 4 X PER WEEK $ 140.33 $ $ 6.57 $ 146.90 4 X PER WEEK $ 165.10 $ 10.92 $ 8.25 $ 184.27 5 X PER WEEK $ 164.25 $ $ 7.69 $ 171.94 5 X PER WEEK I $ 193.23 $ 13.66 $ 9.66 $ 216.55 6 X PER WEEK $ 189.91 $ $ 8.89 $ 198.80 16XPERWEEK 1 $ 223.43 1 $ 16,42 $ 11.17 $ 251.02 360 GAEION a . 1X PER WEEK $ 50.28 $ $ 2.51 $ 52.80" •Commercial Sector Wide adjustment of 3.67 required.AB 1826Tier 1\2 Only. 2X PER WEEK $ 78.64 $ $ 3.93 $ 82.57 3X PER WEEK $ 98.50 $ $ 4.92 $ 103.42 4X PER WEEK $ 108.30 $ $ 5.41 $ 113.71 5X PER WEEK $ 126.75 $ $ 6.34 $ 133.09 6X PER WEEK $ 146.56 $ $ 7.33 $ 153.89 195`GALLON., i t SX PER WEEK $ 31.37 $ $ 1.57 $ 32.93 2X PER WEEK $ 49.15 $ $ 2.46 $ 51.61 3X PER WEEK $ 61.56 $ $ 3.08 $ 64.63 4X PER WEEK $ 67.69 $ $ 3.38 $ 71.07 5X PER WEEK $ 79.22 $ $ 3.96 $ 83.18 6X PER WEEK $ 91.60 $ $ 4.58 $ 96.18 1X PER WEEK $ 21.94 $ $ 1.10 $ 23.03 2X PER WEEK $ 34.41 $ $ 1.72 $ 36.13 3X PER WEEK $ 43.10 $ $ 2.16 $ 45.26 4X PER WEEK $ 47.38 $ $ 2.37 $ 49.75 5X PER WEEK $ 55.46 $ $ 2.77 $ 58.23 6X PER WEEK $ 64.12 $ $ 3.21 $ 67.33 AB 1826 COMMERCIAL ORGANICS RECYCLING STATE RECYCLING S%FRAN SERVICE LEVELS BASE RATE FEE FEE RATE 1�-1ARD a 1 X PER WEEK $ 78.95 $ $ 3.95 $ 82.90 2 X PER WEEK $ 125.02 $ $ 6.25 $ 131.28 3 X PER WEEK $ 157.90 $ $ 7.90 $ 165.80 4 X PER WEEK $ 175.50 $ $ 8.78 $ 184.27 5 X PER WEEK $ 206.24 $ $ 10.31 $ 216.55 6 X PER WEEK $ 239.07 $ $ 11.95 $ 251.02 ss aCco M 1 X PER WEEK $ 28.26 $ $ 1.41 $ 29.67 2 X PER WEEK $ 45.21 $ $ 2.26 $ 47.47 3 X PER WEEK $ 56.55 $ $ 2.83 $ 59.38 4 X PER WEEK $ 62.87 $ $ 3.14 $ 66.01 5 X PER WEEK $ 73.90 $ - $ 3.70 $ 77.59 6 X PER WEEK $ 85.68 $ $ 4.28 $ 89.96 Item 8. - 8 HB -84- OC Waste & Recycling Accounting (CPQ All urban Consumers Annual Contract Rate Adjustment (Escalation Calculation) use ID#cuuR0000SA0 Effective July 1, 2017 Update the cells in BLUE (1) Percentage Change Calculation Formula: Step 1: October 2016 CPI - 1 = % Increase in Contract Rate October 2015 CPI I 241.729 - 1 = 1.+64% 237,838 City Contract Rate; z Step 2: Current City Contract Rate x ( 1 + % Increase in Contract Rate } = Contract Rate as of July 1. 2017 o� � } $32.96 x ( 1 + 1.64% j = $33.50 Nate. Complete instructions on calculating this annual adjustment are available in Section 4.2 (1) (F)of the Waste Disposal Agreement effective July 1, 2010. (U cc �D Bureau of Labor Statistics Data Page 1 of 1 A to Z Index I FAQs I About BLS I Contact Us Subscribe to Email Updates as Follow Us I What's New I Release Calendar I Blog Search BLS.gov LN Home I Subjects I Data Tools I Publications I Economic Releases I Students I Beta Databases, Tables & Calculators by Subject SHARE CN j FOLIT SIZE: Change Output Options: From: 2007 v To: 2oI7 v ( ) ❑include graphs ❑include annual averages More Formatting optionsm*. Data extracted on:April 17,2017(11:11:33 AM) CPI-All Urban Consumers(Current Series) Series id: CUTJRA421SAo,CUUSF.421,P0 ?ot Seasonall'.. dj Austed - Series Title: All _.ems in ;os Angeles-Riverside-Crance County, CA, all urban ccasurers, no seas...;il a.» sted Area: Los Angeles-Riverside-Orange County, CA. Item: All i_ems Base Period: 19�2-84=100 Download: (3 fdss Year ]an Feb_ Mar ' Apr Mari : Jun Jul i Aug Se Oct Nov Dec Ann .... 2007 212.584 214 760 216.500 217.845 218 596-217.273 217.454 217.33--;217 697 1 218.696 219.943 219 373 217.338 216 260 218.416 _ _ . - - - f 2008 220.918 221.431 223.606 224.625.226.651 229 033 1229.886 1228.4841 227.449'226.159 1222.229 219.620 225.008�224.377 225.638 2009 220,719 221 439.221,376 221,693 222,522 223 906 1 224.0101 224.507 1225.226 1225.264 24.317 1223 643 223 219 221 943 224.495 -' ---- -- - _ _-_ - 2010 224 610.224 620 225 483 225 916 226.438 225.877 225.991 i 226.373'226.048 226.7941225.941 226 639;225.894 225.491 226.296 �--I---t--- 2011 228,652 229 729 232,241 233.319 i 233367 32.328 231.303 231_833L233.022'233.049 232.731 231 567-,231 928 231 606 232.251 - -- - - 2012 233 441 234 537 236 941 236 866 1237.032 236 025 235.776 237 222 i 238.104 1240.111 f 237.675 236.042 236 648'235.807:237.486 _._ _ --•--- r--- -- - , 2013 238,015 239 753 i 239.995 239.043 239.346 239.2231 238.920 i 239.219 i 239.6111 239.940 238.677 238.742 239.207.239.229 239,185 -- 2014 239.857 241.059,242.491 242.437 243.362 243.528;243_727243.556 j 243.623 i243.341 241 753 240.475'242.434 242.122 242.746 ...-.. .._._ _. 2015 239.724 241 297 243.738 243.569 246.093 245.45T,247 066 1 246.328 1 2245.431 1 245.812 245.711 245.357 i 244 632 243.313 245.951 2016 247.155,247 113 247 873 248.368 249 554 249 789i 249.784 i 249.700]250 145 251 098:250.185:250.189:249.246 248.309 250.184 2017 252.373 253 81 54 525� RECOMMEND THIS PAGE USING: Facebook t Twitter Vj Linkedln TOOLS CALCULATORS HELP INFO RESOURCES Areas at a Glance Inflation Help&Tutorials What's New Inspector General(OIG) Industries al a Glance Injury And Illness FAQs Careers Q BLS Budget and Performance Economic Releases Glossary Find It'DOL No Fear Act Databases&Tables About BLS Join our Mailing Lists USA.gov Maps Contact Us Linking&Copyright Info Benefits gov Disability gov Freedom of Information Act I Privacy&Security Statement I Disclaimers I customer Survey I Important Web Site Notices U.S.Bureau of Labor Statistics I Postal Square Building,2 Massachusetts Avenue,NE Washington,DC 20212-0001 www.bls.nov I Telephone: 1-202-691-5200 1 TDD:1-800-877-8339 I Contact Us Item 8. - 10/data.bls.gov/pdq/SurveyOutputServl et?&HB -86-iropmap&series_id=CUURA421... 4/17/2017 Bureau of Labor Statistics Data Page I of I A to Z 111dC-, I Fft(,s I Ab<qil tits I (o.th(I j15 Subscribe to E-mail Updates fi : Follow LIS _1 I What's New I Release Calendar I Bloo Search BLS.gov Home I Subjects I Oat;.;I ool-c I Publications Economic Releases I Students I Beta 8 Calcldatons by 4ibieot SHARE ON. it f n size Change Output Options: From 2006 v To 2016 v 1,1 include graphs L Include annual mto-tr averages Data extracted on:February 1,2017(1:51:48 PM) Consumer Price Index-All Urban Consumers. Series Id; Not Seasonal ly Adjusted Axes*. U.S. city average Item: All items- Base Period: 1962-84=100 Download:0)A-'Ax Year San Feb Mar Apr Illy Un 3ul Sep OCIt Nov Dec HALF1 HALF2 -i9 . -ioi. -io-,.,ii --io-o'-d *--2 0-2.-6^ 2006 .198.3 199,8 201.5 202.5 202.9 203.5 203.9 202,9 201.8 5 iO5.709 208.97-6- -65.352 206,015 207,949 208.352 208.299 207.917 208.490 208.93- -6,177 210.036 2007 202,416 203,499 2 ---- --- S2L6 21 12008 211.080 211.693 213,528 214.823 216,632 218.815 219.964 219.086 218,783 216,573 E24-2- j-l�- -- - - - -- 5 228 214.429 216,177 '20D9 211.143 21 -i.856 �15-�93 TI 5.351 T15.B34 215.969-216.177-2-16.330 -215 I---- -- --- .240 21 -- .949 213,139 215,935 201D 216.687 216,741 217.63l'I-218,009 -21-8.1-78 -21-7 - --------- .965 218.011 218-312 218.439 218.711 218.803 219.179 217.535 218.576 12011 220.223 221.309 223,467 224-906 225.964 225.722 225,922 226,545 226�889 226.421 226.230 225.672 223S9-B 226.280 01 2 15 - 230,379- ----- ---------- iiiii- ----- -- ---- -- H---i29,104 '�31.407 231,317 230.221 229.601 228,850 230.338 i 2 226,665 227,663 229.392 230.085 -T9.8 9.478 230.280 232.166 232.773 232.531 232-945 233.504 233.596 233,877 I 234 233.546 233,069 233.049 2 2.366 233.548 -iO14 i33 916 �-34781 T36 293 37072 i37 900 i38 343 38 S-o 237.852 238,031 237,433 216.151 234.812 236.384 237.088 - �-36265*T37 7766 233,707 234.722 236.119 236,599 237.805 238,638 238.654 238.316 Z37�?45 2 7 457.336 F36.52i _4 i�..1 ­ ---- ��4 .j2124 -018 16i:�iX.9115 Yi5-111 238.132 239,261 ---- ---- --___]24-0.6:�8-24-o849 .241,428.1 53 241,432 238.778(R) 241.237 R;Revised ---- --------- - C11 RECOMMEND THIS PAGE USING: ki Facebook Ik- Twitter (b Linkedin TOOLS CALCULATORS HELP INFO RESOURCES Areas at a Glance Inflation Help&Tutorials V%rh at's New Inspector General(01G) Industries at a Glance Location Quotient FAOs Careers @ BLS Budget and Performance Economic Releases Injury And Illness Glossary Find It!DOL No Fear Act Databases&Tables About BLS Join our Mailing Lisis USA.gov Maps Contact Us Linking&Copyright Info Bene6ts.9ov Disability.gov Freedom of Information Act I Privacy&security statement I Disclaimers I Customer Survey I Important Web Site Notices U.S.Bureau of Labor Statistics I Postal square Building,2 Massachusetts Avenue,NE Washington,DC 20212-0001 yo--4w.blq,0ov I Telephone:1-202-691-5200 1 TDD:1-800-877-8339 1 Contact(is littps://data.bis.gov/cgi-bin/sur\,eyiiiost 2/1/2017 HB -87- Item 8. - I I Calculation of Diesel and Gas Gallons on CNG Usage Mar-17 Beginning of Month Meter 605,509 End of Month Meter 661,993 CcF 56,484 CcF 56,484 Therm Conversion 1.03 Therms 58,404 Therms Per DDG Conversion 1.39 Diesel Gallons 42,018 Invoice Total $ 41,520.54 $/Gallon $ 0.99 Item 8. - 12 HB -88- Rainbow Disposal Co.,Inc. City of Huntington Beach Rate Review CNG Fuel Cost Therms Gas Co Cost Per Diesel Gal Cast Per Compression Cost Per Evaluation Year Purchased Invoice Therm Equivalent Diesel Gal Cost Gallon Month 2011 27,993.00 $ 15,580.85 $ 0.56 20.139 $ 0.774 $ 1.115 1.89 March 2012 37,818.00 $ 15,521.82 $ 0.41 27,207 $ 0.571 $ 1.022 1.59 March 2013 49266.00 $ 23,328.63 $ 0.47 36,443 $ 0.658 $ 1,115 1.77 March 2014 55,116.00 $ 41,302.96 $ 0.75 39,652 $ 1,042 $ 1.156 2.20 March 2015 66,549,60 $ 34,722.09 $ 0.52 47,877 ~S 0,725 $ 1.187 1.91 March 2016 66,166.00 $ 32,665,09 $ 0,49 47,601 $ 0,956 $ 1.100 2.06 March 2017 58,404,00 $ 32,394.41 $ 0.55 42,018 $ 0,988 $ 1,258 2.25 March Z W C11 r-i r-F CD W 04/06/2017 ACCOUNT NUMBER 086-844-8257 6 Page 1 Rainbow Disposal Company, Inc. NATURAL GAS VEHICLE FUEL BILL 17121 Nichols Street #A Huntington Beach, CA 92647 SoCalGas P.O.BOX C MONT.PK.,CA 91766 PLEASE PAY THIS AMOUNT $32,664.48 80 0868448257 03266448 60 0868448257 0326644860 I Customer Name Rainbow Disposal Company, Inc. Last Payment Service Address 17121 Nichols Ln NGV Date Amount Huntingtn Bch CA 92647 5719 03/27/2017 $31,001.85 Account Number 086-844-8257 6 Old Account Number 18-8888-002-516-2 'Billing Period: From To Therms Used 58,404 03/01/2017 04/01/2017 SUMMARY OF TRANSPORTATION AND RELATED CHARGES: NATURAL GAS VEHICLE FUEL BILL Description Of Charges _ Amount Customer Charge 65.00 Commodity Charge 28,911.74 State Mandated Charges 1,584.50 Taxes and Fees 1,833.17 Late Payment Charge 270.07 �. TOTAL CURRENT CHARGE Past Due If Not Paid By 04/25/17 $32,664.48 j i PREVIOUS BALANCE $0.00 j i TOTAL AMOUNT DUE 0.7%Late Payment Charge Due If Paid After 04/28/17 $32,664.48 **FOR QUESTIONS REGARDING THIS BILL,PLEASE CALL JASON CHONG AT(213)244-8429 OUR NGV DEPARTMENT IS ALWAYS AVAILABLE TO PROVIDE SERVICE AND INFORMATION REGARDING YOUR NEEDS, PLEASE CALL US AT 1-800-427-2000. Item 8. - 14 HB -90- 04/06/2017 ACCOUNT NUMBER 086-844-8257 6 Page 2 BILLING SCHEDULE: F --- Contract Allocations j Tariff % Therms/month Therms GNGU 100 58,404 i CUSTOMER CHARGE: Tariff Amount!1 i GN/GTNG 65.00 i Total Customer Charge $$p COMMODITY CHARGE: Tariff _ Eff.Date Therms X Rate Amount) - ---- - GNGU 03/01/2017 58,404 0.49503 28,911,74 Total Common Charge $28 911 74 STATE MANDATED CHARGES: Tariff _ Eff.Date Therms X Rate - A nmou t Public Purpose Programs Surcharge GNGU 03/01/2017 58,404 0.02574 1,503.321 Total Public Purpose Programs Surcharge $1,603.32 State Regulatory Fee GNGU 03/01/2017 58,404 0.00139 81.18 total State Regulatory Fee $81.18 Total State Mandated Surcharges $1,584_60 TAXES AND FEES: I Description Eff.Date Usage X Rate - Amount' Utility Users'Tax 5.00% 1,542.59 Franchise Fee Surcharge 1.00% 290.58 i Total Taxes and Fees $— 1,833.17 LATE PAYMENT CHARGE: Description Eff.Date Balance X Rate = Amount. I Late Payment Charge 03/06/2017 38,581.00 0.70% $270.07 I Total Late Pavment Charges _ $270.07 HB -9 t- Item 8. - 15 04/06/2017 ACCOUNT NUMBER 086-844-8257 6 Page 3 METER INFORMATION: Station Effective Prev. Present Pressure Total Billing Total] ID Date Read / Read Factor CCF Factor The 110275612 03/01/2017 605509 / 661993 1.0000 56484 1.034 58,404 Total _ 56484 58,404 HISTORY: PerJod _ Season Therms Used Amount I Current Winter 58,404 $32,394.41 i Feb 2017 Winter 52,988 $31,001.85 Jan 2017 Winter 62,313 $38,581.00 i Dec 2016 Winter 57,512 $36,635.62 Nov 2016 Summer 61,112 $36,803.97 i Oct 2016 Summer 65,801 $41850.01 -Sep 2016 Summer 59,156 $37:519.67 1 Aug 2016 Summer 64,180 $40,687.34 Jul 2016 Summer 61,181 $37880.98 Jun 2016 Summer 64,939 $34:294.69 May 2016 Summer 63,294 $33,059.87 Apr 2016 Summer 59,838 $29,443.58 MESSAGES: WIRE TRANSFER BILL INSTRUCTIONS: Payee Bank: UNION BANK OF CALIFORNIA Bank Address: 445 SO.FIGUEROA ST. 1 LOS ANGELES, CA 90013 Bank Aba Number: 122000496 Payee Name: SOUTHERN CALIFORNIA GAS CO. Payee Account No: 10001-27805 Reference: CUSTOMER BILL ACCOUNT NUMBER(086-844-8257) Please send remittance advice(including payment details)to: SCGRomittanceProcessing@semprautilities.com j I The Gas Company's Current Cost of Gas: $0.35989/Therm. Providing safe and reliable energy to our customers for nearly 140 years. Item 8. - 16 HB -92- Remit To: eU Clean f heiv �g Clean Energy T 949 437-1000 l / [.l,Jld7{/ PO BOX 678208 F 949-724-1573 Dallas,TX 75267-8208 US Ship To: Customer Number: 123832 Republic Services-Huntington Beach,CA Invoice Number: CE11964104 7614 Warner Ave Invoice Date: 03/02/2017 Huntington Beach,CA 92647 US Invoice Due: 04/16/2017 Total Discount: 1,143.63 Total Misc Charges: 0.00 Bill To: Total Taxes: 0.00 Republic Services -Huntington Beach,CA Invoice Total: 9,126.13 7614 Warner Ave Huntington Beach,CA 92647 US Purchase Order#:: PO6284878 Misc.Charges Description Unit Price Quantity UOM Extended Price Total 0.00000 0,0 Item Details Description Site# Site Desc Unit Price Quantity UOM Extended Price CNGOM CNG:OPERATIONS& 20572 Huntington 0.26940 38,120.86000 DGE 10,269.76 MAINTENANCE Beach,CA- February 2017 Republic Services- Private Total 38,120.86000 10,269,7 ✓ Sales Tax Description Unit Price Quantity UOM Extended Price Total 0.00000 0.0 REMIT TO:PO BOX 678208,Dallas,TX 75267-8208 For account inquiries,please e-mail Credit@cleanenergyfuels.com Page 1 HB _g;_ Item 8. - 17 2016 kWh 208,968.00 2016 Invoice $ 29,724.380 2016 Cost/kWh $ 0.142 2017 kWh 183,100.00 2017 Invoice $ 29,767.700 2016 Cost/kWh $ 0.163 Energy Increase/Decrease $ 0.020 Reduction 14.29% Energy Cost- 2016 $ 1.100 Change 14.29% $Change $ 0.157 Energy Cost- 2017 $ 1.258 Total Compression Cost-2017 $ 1.258 Item 8. - 18 HB -94- GO paperies5 at 11111e.com/ebilling. It's fast, easy and secure. t s M'F=i SOUTHERN CALIFORNIA P.O. BOY,300 y at . EDISON' Rosemead,CA 91772-0001 An EDISON INT£RNATION40''Company 4 mv,sce.coln RAINBOW DISPOSAL CO INC I Page 1 Of 8 For billing and service inquiries call 1-800-990-7788, Customer account 2-03-649-2809 For emergency services call 24 hrs a day,7 days a week PO BOX 1026 HUNTINGTON BEACH,CA Date bill prepared:Apr 4'17 92647-1026 Your account summary Previous Balance $31,549.71 Payment Received 03/20 -$31 549 71 Balance forward $0.00 Your new charges $29 767 70 %;;Ip Total amount you owe by Apr 24'17 $29,767.70 Summary of your billing detail Service account Service address Billing period Your rate New charges RAINBOW ENVIROMENTAL 17121 NICHOLS LN Marl '17 to Apr 1 '17 MISC-CHARGES $2,037.44 SERVICES HUNTINGTN BCH,CA 3-030-2001-43 RAINBOW ENVIROMENTAL 17121 NICHOLS LN Marl '17 to Apr 1 '17 MISC-CHARGES $303.75 SERVICES HUNTINGTN BCH, CA 3-030-2001-64 RAINBOW ENVIROMENTAL 17121 NICHOLS LN Mar 2'17 to Mar 31 '17 TOU-8-CPP $27,426.51 SERVICES HUNTINGTN BCH, CA 3-031-6000-68 $29,767.70 Please return the payment stub below with your payment and make your check payable to Southern California Edison. (14-574) Tear here If you want to pay in person,call 1-800-747-8908 for locations,or you can pay online at www.sce.com.-- -- -- ----------- - ---- --- ---------------- _ __- __Tear here___________ SOUTHERN CAUFORNIA Customer account 2-03-649-2809 Amount due by Apr 24'17 $29,767.71 Lj EDISON' Please write this number on your check.Make your check payable to Southern California Edison. Amount enclosed $ An EDISON lxrsaNanoNara c—w., STMT 04042017 P5 CO2 T0047 009458 01 AB 0.4000 B001 IIIIIIIIIIIIIIIIrr1rrl 111111111111111111111111I1111llrlllll'�I'1) RAINBOW DISPOSAL CO INC PO BOX 1026 0 30 BO X HUNTINGTON BEACH,CA 92647-1026 P.O.P.O.ROS 30 CA 91772-0001 03 649 2809 ❑HB -9--L 0000000000029767700029767711tem 8. - 19 RAINBOW DISPOSAL CO INC/ Page 2 of 8 Contact Information Customer service numbers Multicultural services General S ervices(U.S.&Canada) 1.800.655.4555 Cambodlan/Y6r 1.800 843.1309 Account Balance&Extensions 1-800-950-2356 Chinese/Ifs 1-800-843.1309 Emergency Services&Outages 1-800 611 1911 Korean 113EA01 1-800 628.3061 California PJle..ate Rates for Eneroy(CARE) 1.800-447-6620 Vietnamese/llong Vlet Electfic Industry Restructuring _-_-_ 1-800-799-4723 Spanish/Espanol 1-800-g41.2233 Energy Theft Hotline 1 8U0 227 3� f-800=32'7.3031 1 Heanng&Speech 1mpaUed(TTY) 1-800-352-8580 Correspondence: Southern California Edison(SCE) P.0.Box 6460,Rancho Cucamonga,CA 91729.6400 Important information Rotating outages Late Payment Charge(LPC) A rotating outage is a controlled electric outage that lasts approximately one hour for a A late payment charge of 0.8%will be applied to the total unpaid balance on your group of circuits,which is used during electric system emergency conditions to avoid account if full payment Is not received by the due date on this bill(except for CARE Widespread or uncontrolled blackouts. Each SCE customer is assigned a rotating and state agency accounts). outage group,shown on the upper part of the SCE bill. if your rotating outage group begins with the letters A,M,R,S,or X,you are subject to rotating outages.if it begins Disputed bills with N or Exempt,you are not.Your rotating outage group may change at any time. For more information,and to see which rotating outage groups are likely to be called if You think your bill Is incorrect, call us and speak with a customer service in the event of a system emergency,visit www.sce.com or call 1-800-655.4555. representative,or if necessary,with a manager. If you feel unsatisfied with the result of such discussion(s), contact the CPUC, Consumer Affairs Branch by mail at:505 Options for paying your bill Van Ness, Room 2003, San Francisco, CA 94102; or at www.cpuc.ca.gov, 1-800-649-7570,TTY: 1.800-229-6846. Include a copy of your bill, why you believe On-line www.sce.com or Electronic Fund Transfer SCE did not follow its rules and rates,and a check or money order made out to the Ma-I-in Check Money order CPUC for the disputed amount.You must pay the disputed amount,or send it to the Person Authorized payment locations CPUC,before the past-due date to avoid disconnection.The CPUC accepts payment P Y 1-800-747-8908 only for matters relating directly to bill accuracy.While the CPUC is investigating your Phone QuickCheck 1-800-950-2356 complaint,you must pay any new SCE bills that become due. Credit Card-Visa/MasterCard' 1-800-254.4123 Debit Card-ACCEL/NYCE/Pulse/Star` 1-800-254-4123 Electronic Fund Transfers(EFT) When you provide a check as payment, you authorize us either to use information 'The Credit/Debit card payment options are not available for payment of commercial from your check to make a one-time electronic fund transfer from your account or to services or security deposits for commercial services, process the payment as a check transaction. When we use information from your You may call us for electronic payment options,to make payment arrangements,or check to make an electronic fund transfer,funds may be withdrawn from your account for information on agencies to assist you in bill payment. If service has been as soon as the same day we receive your payment,You will not receive your check disconnected, on the day of the service reconnection, be sure all appliances and back from your financial institution, but the transaction will appear on your financial other electric devices are turned off. For additional home safety tips, visit institution statement.If you do not wish to authorize an electronic fund transfer,please www.sce.com/safety or you may call SCE Customer Service at 1-800-655-4555. call the 600 number on the front of your bill. Past due bills Definitions Your bill was prepared on April 4, 2017, Your bill is due when you receive it and DWR Bond Charge:Bonds Issued by the Department of Water Resources(DWR) becomes past due 19 days after the date the bill was prepared.You will have 15 days to cover the cost of buying power for customers during the energy crisis are being at your new address to pay a bill from a prior address before your service will be repaid through this charge. terminated. SCE does not terminate residential service for non-payment of bills for SCE Generation: These charges recover energy procurement and generation other classes of service.Termination of electric service requires a Service Connection costs for that portion of your energy provided by SCE. Beginning April 11,2010. charge.If you are a residential customer, and claim an Inability to pay and payment pursuant to CPUC Decision 10-03.022, Direct Access (DA) is again open to all arrangements have not been extended to you by SCE pursuant to SCE's filed tariffs, non-residential customers, subject to annual limits during a four year phase-in you may contact the California Public Utilities Commission(CPUC). period, and absolute limits following the phase-in. All residential customers currently returning to Bundled Service may not elect to return to DA service. Rules and rates CA Climate Credit:Credit from State effort to fight climate change.Applied monthly SCE's rules and rates are available In full at wwwsce.com or upon request. to eligible businesses and semi-annually to residents. - _ __ _ _ _ -` -To change your contact information or enroll in SCE's payment option,complete the form below and return it in the enelc-ed envelope _ _` -__ __ ___ Change of mailing address:2-03 649-2809 Direct Payment(Automatic Debit) Enrollment:2-03-649-2809 STREETk -� ��;STREET NAME ��"� '��� � .. _. ._ _. APARTMENT# I hereby authorize SCE and my financial institution to automatically deduct my CITY s payment from a checking account as shown on my enclosed check,ten monthly p the g STATE - ZIP dobE - calendar days after my bill is mailed. TELEPHONE#.... ............... .__......._ _...E•MAILAODRESS.. _. .. Signature Date To change your checking account Information or to be removed from the Direct ___.......- Payment program please call SCE at 1-800-655-4555. Energy Assistance Fund(EAF):I want to help people pay their energy bill through EAF.For Info visit www.sce.com/eaf or call(800)205-8596, Round-up my hill to next whole dollar amount For EAF Add this amount for EAF$ Select one box only and sign below for EAF: Every One Month Every LJ One Month Month only Month tJ only Item 8. - 20 HB -96- Go paperless at www.sce.com/ebilling. It's fast, easy and secure. SOUTHERN CALIFORNIA EDISONnj An EDISON INTERNATIONAL'-&Company RAINBOW DISPOSAL CO INC/ Page 3 of 8 Service account 3-030-2001-43 Service address RAINBOW ENVIROMENTAL SERVICES 17121 NICHOLS LN Details of your new charges Your rate:MISC-CHARGES Billing period:Mar 1 '17 to Apr i '17(31 days) Added facilities $2,037.44 Subtotal of your new charges $2 037 44 Your new charges $2,037.44 xB -97- Item 8. - 21 RAINBOW DISPOSAL CO INC i Page 4 of 8 Service account 3-030-2001-64 Service address RAINBOW ENVIROMENTAL SERVICES 17121 NICHOLS LN Details of your new charges Your rate:MISC-CHARGES Billing period:Mar 1 '17 to Apr 1 '17(31 days) Added facilities-estim $303.75 Subtotal of your new charges $303.75 Your new charges $303.75 Item 8. - 22 HB -98- SOUTHERN CALIFORNIA Go paperless at www.sce.com/ebilling. It's fast, easy and secure. EDIS0NrX An EDISON INTERNATIONAL&Company RAINBOW DISPOSAL CO INC I Page 5 of 8 Service account 3-031-6000-68 Service address RAINBOW ENVIROMENTAL SERVICES 17121 NICHOLS LN Rotating outage Group N001 Compare the electricity you are using For meter V345N-000528 from Mar 2'17 to Mar 31 '17 Your next billing cycle will end on or about Apr 25'1; Total electricity you used this month in kWh 183,100 Electricity(kWh) Demand kW Reactive usage is 141,008 kVarh Winter Season Capacity Reservation Level Is 0.00 kW Mid peak 116,172 720 (Mar 29'17 13:45 to 14:00) Maximum demand is 720 kW Off peak 66,928 720 Mar 9'17 07:00 to 07:15) Reactive demand is 656 kVar Total 183,100 Your daily average electricity usage(kWh) 729s 4865 - 2433- 0 Mar'15 Mar'16 Feb'17 Mar'17 Usage comparison Mar'15 Mar'16 Apr'16 May'16 Jun'16 Jul'16 Aug'16 Sep'16 Oct'i6 Nov'16 Dec'16 Jan'17 Feb'17 Mar'17 Total kWh used 211,640 208,968 202,740 202,180 206,908 222,660 206,136 216,440 229,116 223,468 190,876 193,620 187.924 183,100 Number of days 29 30 31 30 29 32 29 30 32 31 29 32 30 29 Appx.average kWh 7,297 6,965 6,540 6,739 7,134 6,958 7,10E 7,214 7,159 7,208 6,581 6,050 6,264 6,313 usediday Details of your new charges Your rate:TOU-8-CPP Billing period: Mar2'17 to Mar 31 '17(29 days) Delivery charges Facilities rel demand 720 kW x$18,34000 $13,204.80 Your Delivery charges Include: Energy-Winter ,$3,221.63 transmission charges Mid peak 116,172 kWh x$0.01877 $2,180.55 -$10,771.73 distribution charges Off peak 66,928 kWh x$0.01877 $1,256.24 '$1.83 nuclear decommissioning DWR bond charge 183,100 kWh x$0.00549 $1,005,22 charges Customer charge $303.25 o$1,928.04 public purpose programs Power factor adj 656 kVar x$0.55000 $360.80 urge •$1,303.67 new system generation Generation charges charge SCE (Continued on next page) (Continued on next page) HB -99- Item 8. - 23 Go DaDerless at www.sce.conn/enmino_ It's, fa.t Pacv anri cans tra RAINBOW DISPOSAL CO INC/ Page 6 of 8 Details of your new charges (continued) Energy-Winter Your Generation charges include: Mid peak •-$31.13 competition transition charge P 116,172 kWh x$0.04579 $5,319.52 Off peak 66,928 kWh x$0.03645 $2,439.53 Your overall energy charges Include: Subtotal of your new charges $26,069.91 •$237.11 franchise fees Huntington Beach UUT $26,069.91 x 5.00000% $1,303.50 State tax V 183,100 kWh x$0.00029 $53.10 Additional Information: Your new charges $27,426.51 •Service voltage:12,000 volts Item 8. - 24 xB -100- EXHIBIT A RAINBOW ENVIRONMENTAL SERVICES COMMERCIAL SERVICE RATES CITY OF HUNTINGTON BEACH EFFECTIVE JULY 1, 2017 Standard Service (per month): Collection Frequency per Week Container Size ix 2X 3X 4X 5X 6X 1 d. bin 80.06 126 82 160.22 178 13 209 37 242.71 y . ......._................................._ ..... ......... _. .......................................................... 2 yd. bin 3 1..3...0....6. 9 .........18..9.. .8..1. .......... 241...35 . 285..52 ....... 351.93 .... 405.47 yd. bin 65.75............. 2...5. 3....0. 4 .............._347.39......................_.._41405 .... ._....._ 529.26........ .............619.96 Commercial Recvclinq Service (per month): Collection Frequency per Week Container Size ix 2X 3X 4X 5X 6X 65-gaL cart 23.03 36.13 45.26 _._.49.7.5..._........................58.23..._......_..............._67.33............... ........................ .................................................................._....................... 95-gal cart 32.93 51.61 64.63 71.07 83.18 96:18 .................................. ..._.... .................................................................... ... ............. ............................................ ............................................................. �_60-g_al_cart. 52.80 82.57 103.42.............__ _--_113.71 ._.........._... -133.09 ....................._1_5.----.... .........................................................._...._....................._..............._ ._. . . 1 yd. bin 68.00 --- ... .............. ........ _................................._..................... 2 yd. bin 111.02 159 14 199.48 233 95 288.05 330.79 1. ...... ..... ................................................ .._......_-_._........._.__-......... ............................................. 3yd. bin _1.4.1...91....................-213.7...................... -288 ...................... 433.18 506.46 3 Cubic Yard Compacted Service: 1 x Week 2 x Week 3 x Week 4 x Week 5 x Week 6 x Week $337.08 $518.70 $719.77 $864.95 $1104.50 $1295.20 40 Cubic Yard Compacted Service: Service Size Service Rate per Load Disposal Compactor (8) tons $620.30 included Compactor, Haul plus Disposal $164.94 plus $56.92 per ton Compactor, Recycling, Haul Only $164.94 no disposal Temporary and Miscellaneous Service: Service Size Service Time Service Rate per Load 3 Cu. Yd. Rent-A-Bin Two (2) days $66.00 3 Cu. Yd. Rent-A-Bin Weekend $82.00 40 Yard Drop Off Box (high, 6 tons) Four (4) days $515.00 8 Yard Drop Off Box (low, 8 tons) Four (4) Days $560.00 Additional Days for 3, 8 and 40 yd per day $15.00 Dry Run Roll Off --- $75.00 Overweight (per ton) --- $58.98 Extra Yardage --- $45.00 Steam Clean/Deodorize Compactor --- $125.00 Recycle Contamination --- $45.00 Any container that is loaded beyond the tonnage limitations is subject to additional disposal fees, and the customer may have to order an additional container and/or offload contents to comply with State Department of Transportation weight limitation laws. Contractor may make extra charges for special or additional services subject to Section 8.21.17n rho nf the Huntington Beach Municipal Code anc' " " Agreement. HB -101- Item 8. - 25 Dept. ID PW 16-033 Page 1 of 2 Meeting Date:7/5/2016 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 7/5/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Receive and file 2016 Commercial Solid Waste Collection Rates with Rainbow Environmental Services effective July 1, 2016 Statement of Issue: The Refuse Collection and Disposal Services Franchise Agreement with Rainbow Environmental Services (Rainbow) requires an annual review and adjustment of commercial collection and disposal rates each July 1 as determined by a formula provided in the agreement. Financial Impact: Commercial services are provided by direct agreement between Rainbow and the customers. An increase to Refuse Franchise Fee revenue of approximately $15,000 to $20,000 per year is projected as a result of the rate increase. Recommended Action: Receive and file the rate sheet for commercial solid waste collection and disposal service effective July 1, 2016. Alternative Action(s: Non-applicable. Information item only. Analysis: Rainbow calculated the 2016 commercial rates per the formula provided in the Refuse Collection and Disposal Services Franchise Agreement with the City. A change in compensation for each contract year is determined by a formula with three weighted variables. The variables and their weighting factors (in parentheses) are the Los Angeles-Riverside-Orange County All Urban Consumer Price Index (CPI-U) for March (76%), the County of Orange Landfill Disposal fee (16%), and Rainbow's average costs of Compressed Natural Gas fuel for March (8%). The calculated adjustment for 2016 results in an increase of 1.92%. Rainbow's formula calculation and supporting documentation are provided as Attachment 1. The fees for commercial solid waste and disposal services are invoiced directly to the customer by Rainbow. The commercial solid waste charges are not received or processed by the City. Although City Council action is not required for this item, Staff has traditionally notified City Council of the pending adjustment via an agenda item. Attachment 2 is the 2016 rate sheet which will become the new Exhibit A of the Franchise Agreement. It is anticipated that the residential rate adjustment request will be presented to the City Council in August. Item 8. - I HB -76- Dept. ID PW 16-033 Page 2 of 2 Meeting Date:7/5/2016 Environmental Status- Non-Applicable Strategic Plan Goal: Non-Applicable —Administrative Item Public Works Commission Action: Not required. Attachment(s): 1. Rainbow Environmental Services 2016 Solid Waste Disposal Rate Certification for Commercial Services dated June 17, 2016 2. Exhibit A Commercial Rate Schedule Effective July 1, 2016 NB -77- Item 8. - 2 Tel 714 847 3581 -Fax 714 841 4660 (2)RAINBOW PO Box 1026-17121 Nichols Ln. ENVIRONMENTAL SERVICES"' Huntington Beach,CA 92647 R h'h- A REPUBLIC SERVICES Cori iparij �iH June 17,2016 01912 0/4,90 ,CIO t6e Qtk Lori Ann Farrell agar Director of Finance City of Huntington Beach 2000 Main St Huntington Beach, Ca 92648 RE: 2016 Solid Waste Disposal Rate Certification for Commercial Services Dear Ms. Farrell: Attached is the 2016-2017 Refuse Rate calculation for the City of Huntington Beach commercial solid waste collection provided by Rainbow Environmental Services. In accordance with the terms of the franchise agreement,The City of Huntington Beach should consider Rainbow's compensation by dividing the current fee into like components(76%; 16%;8%).The City of Huntington Beach shall then apply the increases in each of the factors components(1-3) to each of the corresponding percentages of the rate. The rate utilizes a formula which is based on three factors: 1. The projected percentage of increase or decrease in the Bureau of Labor Statistics Consumer Price Index (CPI) for the Orange County area from March to March of the preceding twelve(12) months.This factor constitutes seventy-six(76%)of the rate adjustment. 2. The increase or decrease in the Orange County landfill tipping fees.This factor constitutes sixteen percent (16%)of a rate adjustment and is based upon the tipping fee adopted by Orange County for the subsequent fiscal year. 3. The increase or decrease in the average per gallon price of fuel as paid by Rainbow during the March to March timeframe noted above.This factor constitutes eight percent(8%)of a rate adjustment(Please refer to attachment for calculation). In accordance with the factors outlined above, the rate will increase by 1.92%. Rainbow Environmental Services respectfully requests the City of Huntington Beach's consideration in the rate compensation adjustment for commercial services proposed herein for implementation on July 1, 2016. Item 8. - 3 HB -78- Lori Ann Farrell Director of Finance City of Huntington Beach June 17,2016 Page 2 of 2 Please let us know if you have questions or comments and thank you for the opportunity to serve the solid waste and recycling needs of the City of Huntington Beach. Enclosed are the supporting documents including the CPI report. CERTIFICATION To the best of our knowledge the information enclosed is complete and accurate. Jerry Moffatt General Manager Rainbow Disposal Co., Inc. ACKNOWLEDGEMENT Lori Ann Farrell Director of Finance City of Huntington Beach Printed an recycled Paper HB -79- Item 8. - 4 City of Huntington Beach July 1, 2016 Rate Increase Calculation CPI Portion (76%) March March Change % Effective PI 2015 2016 243,738 247.873 4.135 1.70% 1.29% County of Orange Landfill Tipping Fee Portion(16%) 2015 2016 Change % 32.9 32.96 0.06 0.18% 0.03% CNG Pricing Portion(8%) March March Change % 2015 2016 $ 1.913 $ 2.056 $ 0.143 7% 0.60% Total Price Increase-July 1, 2016 1.92% i EI Item 8. - 5 HB -80_ EI Commercial Service Rates Commercial Commercial Commercial Recycling Service Rates Service Rates Service Rates 2016 Rate Calculation Calculated Effective 7/1/16 Calculated 7/1/16 Calculated 7/1116 2016 2016 Refuse 2016 2016 RDC 5% Calculated Refuse MRF Percent Refuse MRF 2016 Franchise 2016 Basic Franchise State Total 2015 2016 2016 Rate Rate Change Rate Rate Rate Fee Total Service Fee Recycling Fee Rate Rate Rate 1 Yard 1 X Per Week 70.19 2.66 1-92% 71.54 2.66 74.20 3.58 77.78 71.54 3.58 2.66 77.78 76.36 77.78 70.00 2 X Per Week 110.11 5.40 1.92% 112.22 5.40 117.62 5.61• 123.24 112.22 5.61 5.40 123.24 121.02 123.24 110.91 3 X Per Week 137.92 8.14 1.92% 140.57 8.14 148.71 7.03 155.74 140.57 7.03 8.14 155.74 152.96 155.74 140.16 4 X Per Week 151.64 10,92 1.92% 154.55 1092 165.47 7.73 173.18 154.55 7.73 10.92 173.19 170.14 173.19 155.87 5 XPer Week 177.48 13.66 1-9Y,6 180.89 13.66 194.55 9.04 203.59 180.119 9.04 13,66 203.59 200.02 203.59 183.23 6 X Per Week 205.22 16.42 1.92% 209.16 16.42 225.58 10.46 236.04 209.16 10.46 16.42 236.04 231.90 236.04 212.43 2 Yard 1 X Per Week 114.26 4.70 1.92% 116.45 4.70 121-15 5.82 126.98 116.45 5.82 4.70 126.98 124.67 126.98 114.28 2 X Per Week 163.78 9.22 1.92% 166.92 9.22 176.14 8.35 184.48 166.92 8.35 9.22 184.48 181.19 184.48 166.04 3 X Per Week 205.29 14.98 1.92% 209.23 14.98 224.21 10.46 234.67 209.23 10.46 14.98 234.67 230.54 234.67 211.20 4 X Per Week 240,76 20.04 1,92% 245.38 20.04 265.42 12.27 277-69 245.38 12.27 20.04 277.69 272.84 277.89 249.92 5 X Per Week 296.45 25.04 1.92% 302.14 25.04 327.18 15.11 342.29 302.14 15.11 25.04 342.29 335.31 342.29 308.06 6 X Per Week 340.43 30.08 1.92% 346.96 30.08 377.04 17.35 394.39 346.96 17.35 30.08 394.39 387.53 394.39 354.95 3 Yard 1 X Per Week 148.04 4.71 1.92% 148.84 4.71 153.55 7.44 161,00 148.84 7.44 4.71 161.00 158.05 181.00 144.90 2 X Per Week 219.95 10.50 1.92% 224.17 10.50 234.67 11.21 245.88 224.17 11.21 10.50 245.88 241.45 245.88 221.29 3 X Per Week 296.41 20.54 1.92% 302.10 20.54 322.64 15.10 337.74 302.10 15.10 20.54 337.74 331.77 337.74 303.97 4 X Per Week 348.18 30.14 1.92% 354.94 30.14 384.98 17.74 402.72 354.94 17.74 30.14 40272 395.71 402.72 362.45 5 X Per Week 445.80 37.69 1.92% 454.36 37.68 492.04 22.72 514.75 454.36 22.72 37.68 514.75 505.77 514.75 453.28 6 X Per Week 521,22 45.22 1.92% 531.22 45.22 576.44 26.56 603.00 531.22 26.56 45.22 603.00 592,51 603.00 542.70 3 Yard Compactor 1 X Per Week 305.69 1-92% 311.55 - 311.55 15.58 327.13 311.55 15.58 - 327.13 320.97 327.13 294.42 2 X Per Week 470.40 1.92% 479.43 - 479,43 23.97 503.40 479.43 23.97 - 503.40 49392 503.40 453.06 3 X Per Week 652.74 1.92% 665.26 - 665.26 33.26 698.53 665.26 33.26 - 698.53 685.38 698.53 628.68 4 X Per Week 784.41 1.92% 799.46 - 799.46 39.97 939.43 799.46 39.97 - 839.43 823-63 839.43 755.49 5 XPer Week 1,001.65 1-92% 1,020.87 - 1,020.87 51.04 1,071.91 1,020.87 51.04 - 1,071.91 1.051.73 1,071.91 964.72 6 XPer Week 1,174.60 1.92% 1,197.13 - 1,197.13 59.86 1,256.99 1,197.13 59.86 - 1.256.99 1,233.32 1,256.99 1,131.29 IndustdalfRAB Refuse 2016 2016 5% Calculated 2016 Percent Refuse Refuse Franchise 2016 2016 2015 2016 2016 Rate Change Rate Before FF Fee Total Rate Rate Rate Rate W FF 40 Yd DOB(4) 467.00 1.92% 475.96 476.00 23.80 499.76 500.D0 467.00 476.00 500.00 8 Yd DOB(4)Lowboy 508.00 1.92% 517.75 518.D0 25-99 543.63 544.D0 508.00 518,00 544.00 RAB-Weekday 80.00 1.92% 61.15 . 61.00 3.06 64.21 64.00 50.00 61.D0 64.00 RAB-Weekend 75.00 1.92% 76.44 75,00 3.82 80.26 80.00 75.00 76.00 80.00 xB -8 1- Item 8. - 6 Dylon Wright,Director 300 N.Flower Street.Suite 400 Santa Ana.CA 92703 ,. Waste ' Recyclin www•oclandfills.com Telephone: (714)834-4000 Fax: (714)834-4183 March 1, 2016 Rainbow Environmetal Services Michelle Clark, Municipal& Major Account Manager 17121 Nichols Street Huntington Beach.CA 92647 Subject: Waste Disposal Agreement Contract Rate Increase Dear Ms. Clark, In accordance with the Waste Disposal Agreement between Rainbow Environmetal Services and the County of Orange(County),the Count} shall provide Rainbow Environmental Services with notice of the adjustment to the contract rate on an annual basis effective July I"of each year. This letter serves as your official notice that the adjusted contract rate is effective July 1,2016 and will be 532.96. The escalation calculation of the adjustment isineluded as an attachment to this letter as set forth in Section 4.2(F)of the Waste Disposal Agreement. Ifyou have any questions,please call me at(714) 834-4188 or c-mail me at .Jesus.nerez�u.:ocar.ocscw.caut. eereQ Jesu P blast Disposal Contracts&.Recycling Programs Manager Attachment Item 8. - 7 HB -82- OC Waste & Recycling Accounting Annual Contract Rate Adjustment(Escalation Calculation) Effective July 1,2016 (1) Percentage Change Calculation Formula. Step 1: rOctober 2015 CPI - 1 % Increase in Contract Rate L October 2014 CPI ( 23_ 7.838 ` 237 433 City Contract Rate: Step 2: Current City Contract Rate x ( 1 + %Increase in Contract Rate ) = Contract Rate as of July 1.201E $32.90 x ( 1 + 0.170% ) = $32.96 7 i f ti i L If Y F Path.C llisarsljesusplAppDatalLocaf%Microso ilWmryovrslTemporary Internet F,lesiContent.0u0bok%GA2D7G2M1 E File:Escalation CaIC-Effective 07 01 2016 Tab:Escalation A_i Prepared by Linda Delos Reyes 3/l/2016 Reviewed by Dat Thomas k HB -83- Item 8. - 8 r c� Bureau of Labor Statistics 00 Consumer Price Index-All Urban Consumers `p Original Data Value Series Id: CUURA421SAO,CUUSA421SAO Not Seasonally Adjusted Area: Los Angeles-Riverside-Orange County,CA Item: All items Base Period: 1982-84=100 Years: 2006 to 2016 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2006 206.0 207.5 208.5 210.5 212.4 211.1 211.4 211.9 212.9 211.4 211.1 210.6 210.4 209.3 211.6 2007 212.584 214,760 215.500 217,845 218.596 217.273 217.454 217.330 217.697 218.696 219.943 219.373 217.338 216.260 218.416 2008 220.918 221.431 223.606 224.625 226.651 229.033 229.886 228A84 227.449 226.159 222.229 219.620 225.008 224.377 225.638 2009 220.719 221.439 221.376 221,693 222.522 223,906 224.010 224.507 225.226 225.264 224.317 223.643 223.219 221.943 224.495 2010 224.610 224.620 225.483 225.916 226.438 225.877 225.991 226,373 226,048 226.794 225.941 226.639 225.894 225.491 226.298 2011 228,652 229.729 232.241 233.319 233.367 232.328 231.303 231.833 233.022 233.049 232.731 231.567 231.928 231.606 232.251 2012 233.441 234.537 236.941 236.866 237.032 236.025 235.776 237.222 238.104 240.111 237.675 236.042 236.648 236807 237.488 2013 238.015 239.753 239.995 239.043 239.346 239.223 238.920 239.219 239.611 239,940 238.677 238.742 239.207 239.229 239.185 2014 239.857 241.059 242.491 242.437 243,362 243.528 243.727 243.556 243.623 243,341 241.753 240,475 242.434 242.122 242.746 2015 239.724 241.297 243.738 243.569 246.093 245.459 247.066 246.328 245.431 245.812 245.711 245.357 244.632 243,313 245.951 y 2016 247.155 247.113 247.873 Source:Bureau of Labor Statistics Generated on:April 14,2016(04:44:34 PM) Calculation of Diesel and Gas Gallons on CNG Usage Mar-16 Beginning of Month Meter 889,548 End of Month Meter 953,849 CCF 64,301 CcF 64,301 Therm Conversion 1.03 Therms 66,166 Therms Per DDG Conversion 1.39 Diesel Gallons 47,601 Invoice Total $ 45,488.92 $/Gallon $ 0.96 i Hs -85- Item 8. - 10 • Rainbow Disposal Co.,Inc. i City of Huntington Beach Rate Review CNG Fuel Cost Therms Gas Co Cost Per Diesel Gal Cost Per Compression Cost Per Evaluation Year Purchased Invoice Therm Equivalent Diesel Gal Cost Gallon Month 2011 27,993.00 $ 15,580.85 S 0.56 20,139 $ 0.774 S 1.115 1.89 March 2012 37,818.00 S 15,521.82 S 0.41 27,207 $ 0.571 S 1.022 1.59 March 2013 49,266.00 S 23,328.63 S 0.47 35,443 $ 0.658 S 1.115 1.77 March 2014 55,116.00 S 41,302.96 $ 0.75 39.652 $ 1.042 $ 1.156 2.20 March 2015 66,549.60 S 34,722.09 $ 0.52 47,877 $ 0.725 $ 1.187 1.91 March 2016 66,166.00 S 32,665.09 $ 0.49 47,601 $ 0.956 $ 1.100 2.06 March • • Calculation of Diesel and Gas Gallons on CNG Usage Mar-16 Beginning of Month Meter 889,548 End of Month Meter 953,849 CcF 64,301 CcF 64,301 Therm Conversion 1.03 Therms 66,166 Therms Per DDG Conversion 1.39 Diesel Gallons 47,601 Invoice Total $ 45,488.92 $/Gallon $ 0.96 HB -87- Item 8. - 12 • • 04/06/2016 ACCOUNT NUMBER 086-844-8257 6 Page 1 Rainbow Disposal Company, Inc. NATURAL GAS VEHICLE FUEL BILL 17121 Nichols Street #A Huntington Beach,CA 92647 SO.CAL.GAS CO. P.O.BOX C MONT.PK.,CA 91756 PLEASE PAY THIS AMOUNT $32,665.09 80 0868448257 03266509 69 0868448257 0326650969 Customer Name Rainbow Disposal Company,Inc. Last Payment Service Address 17121 Nichols Ln NGV Date Amount Huntingtn Bch CA 92647 5719 03/23/2016 S33,503.96 Account Number 086-844-8257 6 Old Account Number 18-8888-002-516-2 Billing Period: From To Therms Used 66,166 03/01/2016 04/01/2016 SUMMARY OF TRANSPORTATION AND RELATED CHARGES: NATURAL GAS VEHICLE FUEL BILL Description Of Charges _ _ Amount Customer Charge 65.00 Commodity Charge 29,137.52 State Mandated Charges 1,614.45 Taxes and Fees 1,848.12 I TOTAL CURRENT CHARGE Past Due if Not Paid By 04/25/16 $32,665.09 I PREVIOUS BALANCE $0.00 TOTAL AMOUNT DUE... 0.7%Late Payment Charge Due If Paid After 04/28/16 $32,665.09 "FOR QUESTIONS REGARDING THIS BILL,PLEASE CALL IRENE FUHRMANN AT(213)244-5435 OUR NGV DEPARTMENT IS ALWAYS AVAILABLE TO PROVIDE SERVICE AND INFORMATION REGARDING YOUR NEEDS. PLEASE CALL US AT 1-800-427-2000. Item 8. - 13 HB -88- • • 04/06/2016 ACCOUNT NUMBER 086-844-8257 6 Page 2 BILLING SCHEDULE: Contract Allocations Tariff % Therms/month Therms GNGU 100 66,166 CUSTOMER CHARGE: Tariff Amount GN/GTNG 65.00 Total Customer Charge —$65.00 .-- COMMODITY CHARGE: Tariff Eff.Date Therms X Rate = ___ Amouynt GNGU 03/01/2016 66,166 0.44037 29,137.521 i Total Commodity Charge $29 137.52 STATE MANDATED CHARGES: Tariff — Eff.Date Therms X Rate = Amount Public Purpose Programs Surcharge GNGU 03101/2016 66,166 0.02347 1,552.92 Total Public Purpose Programs Surcharge $1,552.92 State Regulatory Fee �GNGU 03/01/2016 66,166 0.00093 61.531 — Total State Regulatory Fee — —— $61.53 Total State Mandated Surcharges $1,614.45 TAXES AND FEES: rUescriRtion Eff.Date Usage X__..._ Rate = Amount ility Users'Tax 5.00% 1,555.48 Franchise Fee Surcharge 1.00% 292.64 _.__.._ Total Taxes and Fees METER INFORMATION: Station Effective Prev. Present Pressure Total Billing Total ID Date Read Read Factor CCF Factor Therms 10275612 03/01/2016 889548 953849 1.0000 64301 1.029 66,166 Total---- ---- 64301.. -- ---- 66,166 HB -89- Item 8. - 14 0410612016 ACCOUNT NUMBER 086-844-8257 6 Page 3 HISTORY: Period Season Therms Used Amount Current Winter 66,166 $32,665.09 Feb 2016 Winter 62,250 $33,503.96 Jan 2016 Winter 62,436 $33,794.57 Dec 2015 Winter 58,483 $30,231.22 Nov 2015 Summer 58,249 $27,245.49 Oct 2015 Summer 59,722 530,752.42 Sep 2015 Summer 60,489 S31,668.01 Aug 2015 Summer 63,139 S33,927.51 Jul 2015 Summer 60,683 $31,649.66 Jun 2015 Summer 63,044 $33,232.67 May 2015 Summer 61,492 $29,295.23 Apr 2015 Summer 62,722 $30,652.10 MESSAGES: 1 WIRE TRANSFER BILL INSTRUCTIONS: Payee Bank: UNION BANK OF CALIFORNIA Bank Address: 445 SO. FIGUEROA ST. LOS ANGELES,CA 90013 i Bank Aba Number: 122000496 Payee Name: SOUTHERN CALIFORNIA GAS CO_ Payee Account No: 10001-27805 Reference. CUSTOMER BILL ACCOUNT NUMBER(086-844-8257) Please send remittance advice(including payment details)to: SCGRemittanceProcessing@semprautilities.com The Gas Company's Current Cost of Gas: $0.22712/Therm. Providing safe and rellable energy to our customers for nearly 140 years. i Item 8. - 15 H B -90- / Remit To: Clean f net rv!�' Clean Energy T 949 437-1000 ll >7! �.(Jd.Yi/ PO BOX 678208 F 949-724-1573 Dallas,TX 75267-8208 US Ship To: Customer Number: 123832 Republic Services-Huntington Beach,CA Invoice Number: CE11870750 7614 Warner Ave Invoice Date: 04/25/2016 Huntington Beach,CA 92647 US Invoice Due: 06/09/2016 Total Discount: 1.428.05 Total Misc Charges: 0.00 Bill To: Total Taxes: 0.00 Republic Services-Huntington Beach,CA Invoice Total: 11,395.78 7614 Warner Ave Huntington Beach,CA 92647 US Purchase Order#:: P05352791 Misc.Charges Description Unit Price Quantity UOM Extended Price Total 0.00000 0.0 Item Details Description Site# Site Desc Unit Price Quantity UOM Extended Price CNGOM CNG:OPERATIONS& 20572 Huntington 0.26940 47,601.44000 DGE 12.823.83 MAINTENANCE Beach,CA- March 2016 Republic Services- Private Total 47,601.44000 1Y 8Y3.g Sales Tax Description Unit Price Quantity UOM Extended Price Total 0.00000 0.0 REMIT TO:PO BOX 678208.Dallas,TX 75267-8208 For account inquiries,please e-mail Credil@deanenergyfuels.com HB _9 1- Item 8. - 16 2015 kWh 211,640.00 2015 Invoice $ 32,470.970 2015 Cost/kWh $ 0.153 2016 kWh 208,968.00 2016 Invoice $ 29,724.380 2016 Cost/kWh $ 0.142 Energy Increase/Decrease $ (0.011) % Reduction -7.29% Energy Cost-2015 $ 1.187 %Change -7.29% $ Change $ (0.087) Energy Cost-2016 $ 1.100 Total Compression Cost-2016 $ 1.100 Item 8. - 17 HB _92- i Go paperless at www.sce.com/ebil ling. It's fast, easy and secure. SOUTHERN CALIFORNIA P,Q,BOX 300 E D I S O P Rosemaad,CA 91772-0001 An EDISO.N INTERNATIONAL*Company WWW,sce=m RAINBOW DISPOSAL CO INC I Page 1 of 8 For billing and service inquiries call 1-800-990-7788, Customer account 2-03-649-2809 Mon-Fri 7 a.m.to 7 p.m.and Saturday 8 a.m.to 5 p.m. For emergency services call 24 hrs a day,7 days a week PO BOX 1026 HUNTINGTON BEACH,CA Date bill prepared:Apr 215 92647-1026 Your account summary Amount of your last bill $33,138.19 Payment we received on Mar 17'15-thank you -$33,138.19 Balance forward $0.00 Your new charges $32,470.97 Total amount you owe by Ap 2116 $32,470.97 Summary of your b Iling detail Service account Service address Billing period Your rate New char es RAINBOW ENVIROMENTAL 17121 NICHOLS LN Mar 1 '15 to Apr 1 '15 MISC-CHARGES $2,195.28 SERVICES OUNTINGTN BCH,CA 3-030-2001.43 RAINBOW ENVIROMENTAL 17121 NICHOLS LN Mar 1'15 to Apr 115 MISC-CHARGES $303.75 SERVICES HUNTINGTN BCH,CA 3-030-2001-64 RAINBOW ENVIROMENTAL 17121 NICHOLS LN Mar 3'15 to Apr 1'15 TOU-8-CPP $29,971.94 SERVICES HUNTfNGTN BCH,CA 3-031-6000-68 $32,470.97 I I Please return the payment stub below with your payment and make your check payable to Southern California Edison. (14.574) Tear here If you want to pay in person,call 1-B00.747-8908 for locations,or you can pay online at www.sce.com. Tear here , pN�,w7W,A Customer account 2-03-649-2809 Amount due by Apr 21 '15 $32,470.97 ® �,,,,E D I S O N' Please write this number on your check.Make your check payable to Southern California Edison. Amount enclosed $ M LVISaV ME WAT701ML4 C-pM STMT 04022015 P5 CO3 T0056 011079 01 AT 0.4030 8001 ���lulunll IIrIt�NIt11111111II11'IIIlhurrrl7llnul,nlrll,t RAINBOW DISPOSAL CO INC PO BOX 1026 P.O.BOX 300 HUNTINGTON BEACH, CA 92647-1026 ROSEMEAD,CA 91772-0001 03 649 2809 00000031 000000000003247097003247097 HB -93- Item 8. - 18 RAINBOW DISPOSAL CO INC/ Page 2 of 8 Contact information Customer service numbers Multicultural serviCeS(Available Monday-Friday 8 a.m.-5 p.m.) General Services N.S.8 Canada) 1-800.655 4555 Cambodian/128 1-80041143-1309 Account Balance&Extensions 1-00D-950-2356 Chinese/$3r 1-800493-OW Em services&rJk>ta 1-BOD-611-1911 Korean/ORM i-SM-628-3061 Califomia Alternate Rates for Enewv(CARE) 7-6620 Vietnamese/Tiffing VW 14MO-327-3031 Electdc Industry Restructuring1-800-79g-4723 Spanish/Espanol 1-S00.44-u33 Enemy Theft Hoikne 1-SOD-227.3901 (7 dias a la semana 8 a.m.-8 p.m.) Hearing 8 Speech Impaired MY) 1-BOD-352-8580 Comaspondence: Southern CalBomia Edison(SCE) P.O.Box 6400,Rancho Cucamonga,CA 91729-6400 Important information Rotating outages Late Payment Charge(LPC) A rotating outage is a controlled electric outage that lasts approximately one hour for a A late payment charge of 0.8%will be applied to the total unpaid balance on your group of circuits,which is used during electric system emergency conditions to avoid account if full Payment is not received by the due date on this bill(except for CARE widespread or uncontrolled blackouts. Each SCE customer is assigned a rotating and state agency accounts). outage group,shown on the upper part of the SCE bill.If your rotating outage group begins with the letters A,M,R,S,or X,you are subject to rotating outages.If it begins Disputed bills with N or Exempt,you are not.Your rotating outage group may change at any time. For more Information,and to see which rotating outage groups are likely to be called If you think your bill is Incorrect, call us and speak with a customer service in the event of a system emergency,visit www.sce.com or call 1-800-655.4555. representative,or if necessary,with a manager.If you feel unsatisfied with the result of such discussion(s),contact the CPUC,Consumer Affairs Branch by mail at 605 Options for paying your bill Van Ness, Room 2003, San Francisco, CA 94102; or at www.cpuc.co.gov, 1-800-649.7570,TTY: 1-800-229-6846.Include a copy of your bill,why you believe ------ - — - -- SCE did not follow its roses-and-rates;and a check or money-order made out to The- Mail-I a Checkwww.s r Money or Electronic Fund Transfer CPUC for the disputed amount.You must pay the disputed amount,or send d to the Mail in Check or Money order CPUC,before the past-due date to avoid disconnection.The CPUC accepts payment In Person Authorized payment locations 1-800-747-8908 only for matters relating directly to bill accuracy.White the CPUC is investigating your Phone quickCheck 1-800-950-2356 complaint,you must pay any new SCE bills that become due. Credit Card-Visa/MasterCard' 1-800-2544123 Debit Card-ACCEUNYCE/Puise/Star• 1-S00-2544123 Electronic Fund Transfers(EFT) When you provide a check as payment,you authorize us either to use Information 'The Credit/Debit card payment options are not available for payment of commercial from your check to make a one-time electronic fund transfer from your account or to services or security deposits for commercial services. process the payment as a check transaction. When we use information from your You may call us for electronic payment options,to make payment arrangements,or check to make an electronic fund transfer,funds may be withdrawn from your account for Information on agendas to assist you in bill payment If service has been as soon as the same day we receive your payment You Will not receive your check disconnected, on the day of the service reconnection, be sure all appliances and back from your financial institution,but the transaction will appear on your financial other electric devices are turned off. For additional home safety tips, visit institution stalemeM,If you do not wish to authorize an electronic fund transfer,please www-sce.comfsafety or you may call SCE Customer Service at 1-800-6554555. call the 800 number on the front of your bill. Past due bills Definitions Your bill was prepared on April 2, 2015.Your bill is due when you receive it and DWR Bond Charge:Bonds issued by the Department of Water Resources(DWR) becomes past due 19 days after the date the bill was prepared.You volt have 15 days to cover the cost of buying power for customers during the energy crisis are being at your new address to pay a bill from a prior address before your service V43 be repaid through this charge- terminated. SCE does not terminate residential service for non-payment of bills for SCE Generation: These charges recover energy procurement and generation other classes of service.Termination of electric service requires a Service Connection costs for that portion of your energy provided by SCE. Beginning April 11.2010. charge.If you are a residential customer, and claim an inability to pay and payment pursuant to CPUC Decision 10-03-022, Direct Access (DA)is again open to all arrangements have not been extended to you by SCE pursuant to SCE's filed tariffs, non-residential customers, subject to annual limits during a four year phase-in You may contact the California Public Utilities Commission(CPUC). period, and absolute limits following the phase-in. All residential c slomers currently returning to Bundled Service may not elect to return to DA service. Rules and rates • CA 0imate Credit Credit from state effort to fight climate change.Applied monthly SCE's rules and rates are available in full at www.sce.com or upon request. to eligible businesses and semiannually to residents. _____________To change your contact Information or enroll in SCE'-payme nt option,complete the form below and return it in the enclosed envelope_-_ --___-_- Change of mailing address:2-03-649-2809 Direct Payment Automatic DebR Enrollment:2-03-649-2809 STREET4� STREET hIAME APARTMENT R i hereby authorize SCE and myfrnaneial institution to automatically deduct my, month payment from he checkingaccount as shown on y enclosed check, n calendar days after 1 a m e ec to j STATE ZIP CODE ys my bill s mailed. i- TELEPHONEq------------- E-MAtLA�DRSS-`-- ^--....__—_j Signature Date To change your checking account information or to be removed from the Direct --------------------------------------------------_ _....-___ Payment program please call SCE at 1-800.6654665. ■ Energy Assistance Fund(EAF):I want to help people pay their energy bill through EAF.For Info visit www.Sce.com/eaf or call(800)205-8596. ■ Round-up my bin to next whole dollar amount For EAF Add this amount for EAF$ Select one box onto and sign below for EAF: ❑ Every I I One Month ❑ Every One Month Month only Month only Item 8. - 19 HB -94- SOUTHERN CALIFORNIA wGo paperless at ww sce.com/ebiIling. It's fast, easy and secure. EDISON" An EDISON INTERNATIONALS Company RAINBOW DISPOSAL CO INC/ Page 3 of 8 Service account 3-030-2001-43 Service address RAINBOW ENVIROMENTAL SERVICES 17121 NICHOLS LN Details of your new charges Your rate:MISC-CHARGES Billing period:Mar 1 '15 to Apr 1115(31 days) Added facilities $2,195.28 Subtotal of your new charges $2,195.28 Your new charges $2,195.28 xB -95- Item 8. - 20 RAINBOW DISPOSAL CO INC/ Page 4 of 8 Service account 3-030-2001-64 Service address RAINBOW ENVIROMENTAL SERVICES 17121 NICHOLS LN Details of your new charges Your rate:MISC-CHARGES Billing period:Mar 1'15 to Apr 1'15(31 days) Added facilities-estim $303.75 Subtotal of your new charges $303.75 Your new charges $303.75 Item 8. - 21 HB _96_ SOUTHERN CALIFORNIA Go paperless at www.sce.com/ebilling. It's fast, easy and secure. EDISON® An EDISON INTERNATIONAL®Company RAINBOW DISPOSAL CO INC l Page 5 of 8 Service account 3-031-6000-68 Service address RAINBOW ENVIROMENTAL SERVICES 17121 NICHOLS LN Rotating outage Group N001 Compare the electricity you are using For meter V345N-000528 from Mar 3'15 to Apr 1'15 Your next billing cycle will end on or about Apr 24'15. Total electricity you used this month in kWh 211.640 Electricity(kWh Demand(kW) Reactive usage is 175,656 kVarh wntntjr-Season Capacity Reservation Level is 0.00 kW Mid peak 120,864 784 (Mar 12'15 13:45 to 14:00) Maximum demand is 784 kW Off peak 90 776 672 Mar 26'15 07:30 to 07:45 Reactive demand is 720 kVar Total 211,640 Your daily average electricity usage(kWh) 7298 4865 2433 D Mar'13 Mar'14 Feb'15 Mar'15 Usage comparison Mar'13 Mar'14 Apr'14 May'14 Jun'14 Jul'14 Aug'14 Sep'14 Oct'14 Nov'14 Rec'14 Jan'15 Feb'15 Mar'15 Total kWh used 211.044 218,208 2D5,944 221,836 212,032 216,724 211,760 231,552 229.480 227.392 202.220 218,336 226,D48 211,640 Number of days 31 30 29 32 29 30 29 32 30 33 29 30 32 29 Appx average kWh 6,807 7,773 7,101 6,932 7,311 7,224 7,302 7.236 7,649 6,890 6,973 7,277 7,064 7,207 usediday Details of your new charges Your rate:TOU-8-CPP Billing period:Mar 315 to Apr 1 '15(29 days) Delivery charges Facilities rel demand 784 kW x$14.88000 $11,665.92 Your Delivery changes include: Energy-Winter •$2,903.15 transmission charges Mid peak 120,864 kWh x$0.01936 $2 33g 93 •$9 989.12 distribution charges Off peak 90,776 kWh x$0.01936 $1 757 42 '$59.26 nuclear decommissioning DWR bond charge 211,640 kWh x$0.00526 $1 113 23 charges Customer charge $319.47 charge•$1,970.37 publk purpose programs Power factor adj 720 kVar x$0.51000 $367.20 •$1,477.25 new system generation Generation charges charge DWR DWR energy credit 211,640 kWh x-$0.00172 _$364.02 Your Generation charges include: SCE •-$209,52 competition transition charge Energy-Winter Mid peak 120,864 kWh x$0.06197 Your overall energy charges Include: Off peak $3,797.16 •$258.14 franchise fees P 90,776 kWh x$0.04183 $3,797.16 (Continued on next page) (Continued on next page) HB -97- Item 8. - 22 RAINBOW DISPOSAL CO INC i Page 6 of 8 Details of your new charges (continued) Additionalfnformation: Subtotal of your new charges $28,486.25 •Service voltage: 12,000 volts Huntington Beach UUT $28,486.25 x 5.00000% $1,424.31 State tax 211,640 kWh x$0.00029 $61 38 Your new charges $29,971.94 I I Item 8. - 23 HB _98_ Go paperless at 1,M1r>fFV•!.S ' `vEI)iili1.1t�', li'S !cisl. 2dS-( and secLlrt:3. EUISUIN SC)L'IIIfGV C.11.11(Nt�l.\ RAINBOW DISPOSAL CO INC l Page 1 of 6 For billing and service inquiries call 1-800-990-7788, Customer account 2-03-649-2809 For emergency services call 24 hrs a day, 7 days a week PO BOX 1026 HUNTINGTON BEACH,CA Date bill prepared:Apr 5'16 92647-1026 Your account summary Previous Balance $30,002.22 Payment Received 03/14 -S30,002.22 Balance forward $0.00 Your now charges $29 72q 38 �.� Total amount you owe by Apr 25 '16 $29,724.38 Summary of your billing detail Service account Service address Billing period Your rate New charges RAINBOW ENVIROMENTAL 17121 NICHOLS LN Mar 1 '16 to Apr 1 '16 MISC-CHARGES $2,037.44 SERVICES FIUNTINGTN BCH,CA 3-030.2001-43 RAINBOW ENVIROMENTAL 17121 NICHOLS LN Mar 1 '16 to Apr 1'16 MISC-CHARGES $303.75 SERVICES HUNTINGTN BCH,CA 3-030-2001-64 RAINBOW ENVIROMENTAL 17121 NICHOLS LN Mar 2'16 to Apr 1 '16 TOU-8-CPP $27.383.19 SERVICES HUNTINGTN BCH,CA 3.031-6000-08 $29,724.39 Things you should know Get ready for El Nino storms Visit on.SCE.comlelnino and lnSideEdisOn.cOn')to learn how you can prepare for winter storms and find out what Southern California Edison is doing to prepare. Please return the payment stub below with your payment and make your check payable to soutbcrn California Edison. 114-573) r __T@Bt'here _____If you want to pay in person,call t H00`747-2906 for localio-s-or you can pay online a[wvnvsce.cotn. ___-_ Tear here Customer account 2-03-649-2809 Amount due by Apr 25'16 $29,724.38 Please wrile IN-,number on your check Make your Lj E D I S O N' check payable to Souil,nni California Edison. Amount enclosed $ STMT 04052016 PS C07 T0048 008406 01 AT 0.4130 SOC1 rrr�rl„rllll Irllll1111111111'llrlllllr,l(,IIrIIlrlll�rrlllr�llll RAINBOW DISPOSAL CO INC PO BOX 1026 P.O.BO HUNTINGTON BEACH,CA 9 264 7-1 0 26 0 ROSEMEAD. 3U 30 CA 91772-0001 03 649 2809 00000032 000000000002972438002972438 GO paperless at vvwvv.sce.com/ebil1inq I!'s i;sl, c�lskj art:! S ;k;C rc , HB -99- Item 8. - 24 RAINBOW DISPOSAL CO INC/Page 2 of 6 Contact Information Customer service numbers Multicultural services Generot Services(u.S.&Canada) I.800•G55.4555 Cambodlan 1t8r 1-UUM1.43.130D Acraunl Bnlanca 8 Extensionr, -- --`-�---- 1-8.0-950-23•+G Ctii�irsc l ih•,'.•._._.- . 1-tS011-N43.8:DIS emergency Services K Outages (•000-C,TI.191 I Korean;QiIH_ "' '------'-- --- 1-H00.5'8•�06 Califumrm Alu)rnalc Y.ales for Encrr CAtiE _ _ 1.800447.6620 viel!uLn05e1`TIEn•Yilt------ --- 1-500•:fL)3031 Ctectric lodustry Resuuuuring ••• •"I.800.799-�4123 Spanish!Espanol 1�00•44 1.2233 cT_19y'hclt 1ollmc 1-8uU-227-39011 n Hearing&Speec lmlmpaired(T7� I-8D0.352-8580 Correspondence: Southern Callfomla Edison(SCE) P.O.Sox 6100.Runehu Cuouneonrga,CA 917211-6403 Important information Rotating outages Late Payment Charge(LPC) A rutatng outage is a controlled eloctnc outage that lasts approximately ore hour for a A late payment charge of 0.8 Jo will be applied to the lotal unpaid balance on/our group of circults,which is used during electric system emergency cm!dilions to avoid account it full payment is not received by the due date an his bit!(except for CARE widespread or uncontrolled blackouts. Each SCE customer is assigned a rotating and state agency accounts). ouage group,shovm on the upper pan of file SCE bill.II your totaling outage group begins with(he letters A,M;R,S,or X,you are subject to rolalirg outages.If it begins Disputed bills with N or Exennnt,you are net.Your rotating outage group may change at any time. It you bill is incorrect, call us and s cor more inlormation.0nd to see which totaling mdage groups are likely to be called You y our peak with a customer service in the event of a system emergency.visit%ww.sce.com orcali 1-800-655-4555. representative,or it necessary.:viih a manager.It you feel unsatisfied with the result of such discussion(s). contact the CPUC,Consumer Affairs Branch by mail al:505 Options:or paying your bill Van Ness, Room 2003, San Francisco, CA 9,1102; a at: wwwcpuc.ca.gov. 1-800-649-7570,T'IY: i-Bu0-220-6e.46.include a copy of your bill, why you believe SCE did not Iollow its rules and rates,and a check or money order made out to the On-line vnvw.sce con)or Electronic FImd Transfer CPUC for the disfewed amount.You must pay the disputed amount,or send it to the plait-in Cheer.or Money order CPUC,before the past-due date to avoid disconnection.The CPLJC accepts poyrtnani In Person Authorized payment locations 1-800.747-8908 only for mailers relating directly to bill accuracy.White the CPUC is invest,galing your Phone OuickCheck 1.800.95D-2356 complaint,you must pay any new SCE bills thal become due. Credit Card-Visa/t,AasterCard' 1-80U-254.4123 Dchii Card-ACCEUNYCElPuisolSar' 1-800-254.4123 Electronic Fund Transfers(EFT) When you provide a check as payment,yo;r authorize us either to use information The Credit/Debil card payment options are no!available for payment of commercial filtni your check to make a one-time electronic fund transfer from your account or to services or securitym deposits for commercial services. process the payment as a check transaction.When we use information from your You may call us for electronic payment options,to make payment arrangements,or check to make nn electronic hind transfer,funds moy be withdrawn from your account for information on agencies to assist you in bill payment. If service has been as soon as the some day we receive your payment.You will not receive your check disconnected,un the day of the service reconnection, be sure ail apptfaneos and back from your financial institution,but ale Iwnsaction will appear on your financial other electric devices are fumed off. For additional home safety lips. visit instimlion statement.It you do not wish to authorize an electronic fund transfer.please www,sCv.0onVsa1ety or you,nay call SCE Customer Service at 1-800.655.4555. cog the 800 number on the fiarml of your bill. Past due bills Definitions You'hill was prepared or,Annl 5, 2015. Your bill is flue vrhen you receive it and DWR Bond Charge:Bonds issued by the Department of Water Resources(DWR) becomes past due 19 days after the date the bill was prepared.You will have 15 days to cover the cost of buying power for customers dining the enemy crisis are being at your new address to pry a bill irorn a prior address before your service will be repaid through this charge. lorminoted. SCE does not terminale residential service for non-payment of bills ter SCIE Generalion: These charges recover energy procurement and generation oll e^r classes of service.Termination of electric service requires a Service Connection costs fur that portion of your energy provided by SCE. Beginning April 11.2010, chagie. 11 you are a residential customer,an!claim an inability to pay and payment pursuant to CPUC Decision 10-03-022,Direct Access (DA) is again open to all arrangements have nut been extended to you by SCE pursuant to SCEs Oird tariffs, non-residential customers. subject to annual limits during a lour year please-m ynf,may contact the California Pablir-Utilities Commission(CPUC). period, and absolute limits following The phase-in. All residential customers currently returning to Bundled Service may not elect to return to DA service. Rules acid rates CA Climate Credit:Credit tram state effort to fight clfmate change.Applied a10a1h1y SCE's rung and rates are aveilable in full at www sce.com or upon request. to eligible businesses and semi-annually to residents. 10 rhange your contact information or enroll in SCE's payment option,complete ilia farm below and return it is the enclosed envelope- -------- - -- -..__________ _______ _-- -_- .------_. Change of mailing address:2-03-649-2809 Direct Payment(Automatic Debit)Enrollment:2-03-649-2809 5r1iF,,fp STREET NAMF APARTMENT h I hereby authorize SCE and my financial institution to auiotnaflWily deduct my monthly payment from the checking account as shown on my enclosed check,ten CITY STATE ZIP Coco cnicridir days after my bill is mnilcd. Signature Cato TFLF{'HO%F.p Ei,IA!L ADDRESS l------ •"•--�--`-- To change your checking accctunt information or to be removed from the Direct Payment program please call SCE of 11•800.655.4555. Energy Assistance Fund(EAF):I want to help people pay their energy bit!through EAF.For info visit wmvw.sce.wmleat or call(800)205-859G. ftpUrlO_ufl my Am ro next tyho!c dollar_antall!1 nF r1U9 8u$�1Rt41Lny1.l=�`$ CIec1 one I)ox only an ij—svtn aclaw:for F_AF; HE Every One Month Every One Month Moth only Month I only Item 8. - 25 HB -1 oo- G,0 Paperle.;Fi eit Wvvliv s :e.c-Onl/e Ali-q. Ws f;?-sL easy and Sec, [il "OU!III UNN(A!I I no RAINBOW DISPOSAL CO INC 1 Page 3 of 6 Service account 3-030-2001-43 Service address RAINBOW ENVIROMENTAL SERVICES 17121 NICHOLS LN Details of your new charges Your rate:MISC-CHARGES Billing periods Mar 1 '16 to Apr 1 '16(31 days) Added facilities $2,037.44 Subtotal of new charges $2,037.44 Your new charges $2,037.44 Go r)aoc-dess at vk1wvv.s,;q.q inhebSH'Inq. 4's f,-.;si, --�asy and SBMra HB -101- Item 8. - 26 RAINBOW DISPOSAL CO INC/ Page 4 of 6 Service account 3-030-2001-64 Service address RAINBOW ENVIROMENTAL SERVICES 17121 NICHOLS LN Details of your new charges Your rate:MISC-CHARGES Billing period:Mar 1 '16 to Apr 1 '16(31 days) Added facilities-estim $303.75 Subtotal of your new charges $303.75 Your now charges $303.75 Item 8. - 27 HB -102- Go papeiless at it logr+!f.scexonnj-, if!ir, it 5 icl:�i. P�Szr 2f;Ci SGCIfrG. SUL'1111.f2V C-\Url wI o, EE130N' An EMSO: IN I r:N'cJ i lt)`l-I r*.C,:nr:,, RAINBOW DISPOSAL CO INC I Page 5 of 6 Service account 3-031-6000-68 Service address RAINBOW ENVIROMENTAL SERVICES 17121 NICHOLS LN Rotating outage Group N001 Compare the electricity you are using For meter V345N-000528 from Mar 2'16 to Apr 1 '16 Your next billing cycle will end on or about Apr 25`16. Total electricity you used this month in kWh 208,968 Electrici( kWh Demand kW Reactive usage is 165,516 kVerh Winter Season - -----' Capacity Reservation Level is 0.00 kW Mid peak 122.80.11 736 (Mar 24'16 08:45 to 09:00) ;L aXimutn dernand is 736 kW Off peak 86.080 672 (Mar 31 '16.07_15 to 07:30) Reactive demand is 672 kVar Total 208,968 Your daily average electricity usage (kWh) 7298 4865 2433 0 Mar'14 Mar'15 Feb'16 Mar'16 Usage comparison Mar'14 Mar'15 Apr'15 May'15 Jun'15 JW'15 Aug'15 Sep'15 Oa'15 Nav'15 Der'15 Jan'16 Feb'16 Ntar'16 T01a1 Mqi used 216.208 211.1,40 ".iti.7 l_Z 217.2M 203.7W 210.188 214801 220.IP.4 212.341 220.512 20g592 211,712 20,3,380 Y18.968 Number UI days 3J 24 30 32 29 30 30 31 30 33 29 32 30 30 _ Appx.avemgaMlh TZ73 7.2N r2u7 6.11;2 7.O2.1 7.206 7.160 7,IC2 7.076 6682 6,416 6.616 6,970 6.%5 used'day Details of your new charges Your rate-TOU-8-CPP Billing period:Mar 2'16 to Apr 1 '16(30 days) Delivery enlarges Farilitios rel demand 736 kW x$16.89000 $12,431.04 your Delivery charges include; Energy-Winter •$3,475.81 transmission charges Mid peak 122,888 kWh x$0.01792 $2,202.15 -$10.454.71 distribution charges Off peak 86.080 kWh x$0.01792 S1,542.55 '-5177.62 nuclear decommissioning DWR bond charge 208.968 kWh x$0.00539 $1 126 34 charges Customer charge $356 41 •$2.284.02 public purpose programs Power factor adj 672 War x$0.51000 $342 72 change •$769.00 new syslern generation Generation charges charge DWR DWR energy credit 208,968 kWh x-$0.00022 -$45 97 Your Generation charges include: SCE 16-72 competition transition charge Energy-Winter Mid peak 122,888 kWh x$0.04473 $5,496.78 your overall energy charges Include: Off peak 86,080 kWh x$0.02985 $2,569A9 .S236.67 franchise fees (Conlinued on next page) (Continued on next page) Go paperless..at Wb'fW.sce.corrlebliiiny- II 1cw1. c�as,) and ,3c;,,ur HB -103- Item 8. - 28 RAINBOW DISPOSAL CO INC! Page 6 of 6 Details of your new charges (continued) Additions!information: Subtotal of your new charges $26,021.51 •Service voltage: 12,000 volts Huntington Beach UUT $26,021.51 x 5.00000% $1,301.08 State tax 208,968 kWh x$0.00029 S60.60 Your new charges $27,383.19 Item 8. - 29 HB -104- EXHIBIT A RAINBOW DISPOSAL COMMERCIAL SERVICE RATES CITY OF HUNTINGTON BEACH, EFFECTIVE JULY 1, 2016 Standard Service (shown in dollars per month): Bin Size: 1 Cubic Yard 2 Cubic Yard 3 Cubic Yard Pickups 1 x Week $77.78 $126.98 $161.00 Per Week: 2 x Week $123.24 $184.48 $245.88 3 x Week $155,74 $234,67 $337,74 4 x Week $173.19 $277.69 $402.72 5 x Week $203.59 $342.29 $514.75 6 x Week $236.04 $394.39 $603.00 *Contractor may make extra charges for special or additional services in accordance with Section 8.21.170 (b) of the Huntington Beach Municipal Code. Compacted Service (3 Cubic Yard Only Add 25% for 4 Cubic Yard): (Pickups per week shown over Cost per month) 1 x Week 2 x Week 3 x Week 4 x Week 5 x Week 6 x Week $327.13 $503.40 $698.53 $839.43 $1071.91 $1256.99 Temporary Service: Service Size Service Time Service Rate 3 Cu. Yd. Rent-A-Bin Two (2) days $64.00 per load 3 Cu. Yd. Rent-A-Bin Weekend $80.00 per load 40 Yard Drop Off Box* Four (4) days $500.00 per load 8 Yard Drop Off Box** Four (4) Days $544.00 per load *Highside (6 tons max.). **Lowside (8 tons max.). Any container that exceeds these tonnage limitations is subject to additional dump fees, and the customer may have to order an additional container to comply with State of California weight limitation laws. (Extra days for 40, 10 and 8-yard DOB's are $15.00 each.) HB -105- Item 8. - 30 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) J, CITY OF HUNTINGTON REACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Cler DATE: /-z SUBJECT: Bond Acceptance I have received the bonds for i�4/AJAo, ) (Company Name) CAPITAL PROJECTS (Includes CC's and MSG's) Performance Bond No. l Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Cou ii Apor6vai Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. r Other No. SIRE System ID No. ��� g:/forms/bond transmittal to treasurer �r ARCH insurance Company a member of Arch Insurance Group PERFORMANCE BOND Bond No.1119908 KNOWALL BYTHESE PRESENTS,That we Rainbow Disposal Co. Inc. ,as Principal,and Arch Insurance Company ,of Jersey city NJ authorized to do business in the State of CA ,as Surety,are held and firmly bound unto City of Huntington Beach as Obligee,in the maximum penal sum ofOne Million Dollars and 00/100 Dollars(1,000,000.00 ),lawful money of the United States of America,for which payment well and truly to be made we bind ourselves,our heirs,executors and assigns,jointly and severally,firmly by this Bond. WHEREAS,the Principal has entered,or is about to enter,into a written agreement with the Obligee to perform in accordance with the terms and conditions of the Refuse Collection and Disposal Services ,thereinafter referred to as the Contract),said Contract is hereby referred to and made a part hereof; NOW,THEREFORE,the condition of this obligation is such that If the above named Principal,its successors and assigns,shall well and truly perform its obligations as set forth in the above mentioned Contract,then this Bond shall be void; otherwise to remain in full force and effect pursuant to its terms. Notwithstanding anything to the contrary in the Contract,the Bond is subject to the following express conditions: 1.Whereas,the Obligee has agreed to accept this Bond,this Bond shall be effective for the definite period of October 1, 2014 to July 16,2021 The Bond may be extended,at the sole option of the Surety, by continuation certificate for additional perlods from the explry date hereof. However,neither:(a)the Surety's decision not to issue a continuation certificate,nor(b)the failure or inability of the Principal to file a replacement bond or other security in the event the Surety exercises its right to not renew this Bond,shall itself constitute a loss to the Obligee recoverable under this Bond or any extension thereof. 2.The above referenced Contract has a term ending July 16,2021 Regardless of the number of years this Bond is in force or the number of continuation certificates issued,this Bond shall not be extended beyond July 16,2021 ,unless earller nonrenewed pursuant to paragraph 1 above. ARCH Insurance Company a member of Arch Insurance Group 3.No claim,action,suit or proceeding, except as hereinafter set forth,shall be had or maintained against the Surety on this instrument unless such claim, action,suit or proceeding is brought or instituted upon the Surety within one year from termination or expiration of the bond term. 4.Regardless of the number of years this Bond is in force or the number of continuation certificates issued,the liability of the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth above,or as amended by rider. 5.Any notice,demand,certification or request for payment,made under this Bond shall be made in writing to the Surety at the address specified below.Any demand or request for payment must be made prior to the expiry date of this Bond. Surety Address: 3 Parkway, Suite 1500 Philadelphia PA 19102 Attn: Michael Mohan 6.If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and as described in the underlying Contract,then the terms of this Bond shall prevail. SIGNED,SEALED AND DATED this 24th day of September 2014 Rai�nbo�w� Disposal Co.,Inch � By: Michelle Patterson ,Principal Attorney-in—Fact ARCH INSURANCE COMPANY By:C,4_ z 2 Jo nne S. Puckett A P m -n ` " ,Attorney-in-Fact J r .;_ ?RM i,C';Affomr_y Depu,y GayAffomey POWER OF ATTORDaY Republic Services,Inc,,a Delaware corporation and having its chief place of business at 18500 N.Allied Way,Phoenix,Arizona 85054,hereby makes,constitutes and appoints WELLS FARGO INSURANCE SERVICES USA,INC.,acting through and by any of Johanna S.Puckett and/or Michelle Patterson and/or Jacqueline Hampton,its true and lawful attorney and affix its corporate seal to and deliver for and on behalf as surety thereon or otherwise,bonds of any of the following classes,to wit: 1. Surety bonds and/or bid bonds to the United States of American or agency thereof;including those required or permitted under the laws or regulations relating to Customs or Internal Revenue;license and permit bonds or other indemnity bonds under the laws,ordinances or regulations of any state,city,town, village,board,other body organization,public or private;bonds to'transportation companies;lost instrument bonds;lease bonds;worker's compensation bonds;miscellaneous surety bonds;and bonds on behalf of notaries publio;sheriffs,deputy sheriffs and similar public officials. 2. Surety bonds and/or bid bonds on behalf of REPUBLIC SERVICES,INC.and its subsidiaries in connection with bids,proposals or contracts. To sign and seal all bid bonds and surety bonds at or below the monetary threshold of Five Million Dollars ($5,000,000,00)on behalf of REPUBLIC SERVICES,INC.and its subsidiaries,relating to the provision of solid waste collection,transportation,recycling or disposal services by REPUBLIC SERVICES,INC,and Its subsidiaries, REPUBLIC SERVICES,INC.hereby agrees to ratify and confirm whatsoever WELLS FARGO INSURANCE SERVICES USA,INC.shall lawfully do pursuant to this power of attorney and the Client Service Agreement dated October 15,2008 between WELLS FARGO INSURANCE SERVICES USA,INC.and REPUBLIC SERVICES,INC,and until notice or revocation has been given by REPUBLIC SERVICES,INC.,the acts of said attorney sbaU be binding on the undersigned. IN WITNESS WHEREOF,this Power of Attorney has been signed this 29th day of June,2012,on behalf of REPUBLIC SERVICES,INC.by its Senior Vice President and Treasurer,Edward A.Lang,III REPUBLIC SERVICES,INC., a Del are orpoiation Edward A.Lan III STATE OF ARIZONA COUNTY OF MARICOPA Subscribed and sworn to before me this (Ic{H day of sit 2012 by Edward A.Lang,III Senior Vice President and Treasurer of Republic Services,Inc. otary Publ �. besx . ksldyFuBtta.etrtmni ay co° wn nm FIMUMY!2013 AIC 0000085274 THIS POWER OF ATTORNEYa$NOTVVALID UNLESS IT IS PRINTED ON BLUE BACKGROUND..,. _ This.Power of Attorney(imps the acts of those named herein,and they have no:author(ty to bind the Company.Qxcept:n the manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate, Interest Rate or Residential Value Guarantees. - P:O:VI7 OF.ATTO:RN.P_. Y`_:; - - Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of.Missouri,having its principal administrative office;Jn Jersey City,New Jersey„(hereinafter_referred to as the"Company")does hereby appoint: ... ;:::..Jacqueline Hampton,Johanne S.Puckett=ana;,Michelli~::Patterson of Greenville;.SC(EACH) - its true and lawful Attorney(s)in-Fact,to make,execute,seal,and deliver from the date of issuance of this power for and on its behalf as surety,and as its-act and deed: zCeed e af�_ na3.e t' =iii th m� a ions` Ehersiir obi 9 _'and::all bonds��ndertakings,recognizances and,o ,, _ety g ,_;_ p,. ;= NinetGN1`illiori"Dollarst$90,000,000.00�.': This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. - - -_ - -- ther Buret ;.'obli ations in' rs ance of these presentsal.all:Eie as:: _. .- .a The:execution such bonds, undei%Kobs=recogr*-.1Z nd o Y......::9 P; :.: ...:; _ -- binding.;,upork:`the said Company as fully=and.amply to-ell intents and purposes,qs if he same :had been dull:executer"anti "acknowledged by its regularly elected officers at its principal administrative office in Jersey City,New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the.Board of Directors of the Company on September 15�_2011, true and accurate copies of wh(ch:are hereinafter set forth=:ond.ar..e t reby:certified.to.by the undersigned -- S-ecretaryasJseing ull force and effect; _ =--:... VpTED,That the Chairman of the Board, the`President, or the Executive Vide=President,o�any Senior.vice.Presideht;.`:of tfie'Surety Business Division, or their appointees designated.in writing and filed with the Secretary, or the Secretary shall.have the power and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth In their:respective powers of attorney,to.exik to on behalf of the Company, and.attach-the seal of the Company thereto,.bonds,.undertakings, recognizances and othersuret;_ob igations obligatory in the-nafere thereaf,-and_any such officers of the,Company;may.appolnt agents_for accept :hce_o_ :_„_:; ;. : .... -- This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15,2011: uOTED,.That_thes�gnature of the Chairman.of..the Board,the:President,or the Executive.,Vice-President,or any Senior Vice President,, the SuretX Bustrt ss Division, or thek appointees desigriated in writing-°and flied with the Secretary, and the signature of the $ =:- Secretary;theseal'of the Company,and'certificatIons:by'the Secretary, may'f e_affixed=by faC;imile on any power of.attomey..or:: ond.,. ---executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and .any such power-so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to.be valid and binding upon the Company. OOML0013 000.3 Q3 Page 1 of 2 ;-_:::.:::. Printed in,U.S.A. ..: AIC 0000085274 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 24th day of May,2013. Attested and Certified Arch Insurance Company � all �YKKMATE "� Patrick K.Nails,Secretary 4� David M. m e stein_lfE_x_e�R`lcutt iv�e V-ice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Kathleen Marcinkus, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that they being thereunto duty authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. CCMMGN A4a#1� pOFfthtaW AMA NOTARIAL SPAL KATHLEEN►,lAl'f;Cli 1<1.1$,Notary'Public olty of Phtlotlalph it,PNIN.o� MOM r 4 Gl��.Cxd Kathleen Marcinkus,NotVry Public My commission expires 3/14/2014 CERTIFICATION I,Patrick K.Nails, Secretary of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated May 24.2013 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Davld M. Finkelstein, who executed the Power of Attorney as Executive Vice President,was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN T ST�iy�ONY WH REO I h ve here n subscribed my name and affixed the corporate seal of the Arch Insurance Company on thlsd Y''-- day of��,20/. Patrick K.Nails,Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated, PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance-Surety Division 3 Parkway,Suite 1500 Philadelphia,PA 19102 WOCNIATE SIM OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. f Dept. ID PW 14-063 Page 1 of 2 Meeting Date: 11/17/2014 3 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION 0"61 MEETING DATE: 11/17/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve for Introduction Ordinance No. 4042 Amending the Refuse Collection and Disposal Services Franchise Agreement between the City and Rainbow Disposal and Rainbow Transfer and Recycling Companies to Increase the Franchise Fee on Commercial Service from 5% to 12% Statement of Issue: To provide additional General Fund revenue, an increase to the solid waste franchise fee on commercial service is proposed. An ordinance is required to amend The Revised And Restated Refuse Collection And Disposal Services Franchise Agreement By And Between The City Of Huntington Beach And The Rainbow Disposal And Rainbow Transfer And Recycling Companies in order to increase the franchise fee on commercial service from 5% to 12% incrementally over 2.5 years, commencing January 1, 2015. Financial Impact: Projected revenue increase to the General Fund account 10000100.41240 is $324,000 in FY 2014/15, $736,000 in FY 2015/16, $1,040,000 in FY 2016/17, and $1,176,000 in 2017/18. As directed by the City Council on August 4, 2014 the additional revenue generated as a result of these franchise fees will be utilized to accelerate the payment of the City's unfunded CaIPERS liabilities in order to help achieve long-term savings. Recommended Action: Approve for Introduction Ordinance No. 4042, "An Ordinance Of The City Of Huntington Beach Amending The Franchise To Collect Refuse Granted To Rainbow Disposal And Rainbow Transfer And Recycling Companies," for the purpose of increasing the commercial Franchise Fee. Alternative Action(s): Do not approve the ordinance and direct staff to proceed differently. Analysis: During the August 4, 2014 City Council Study Session staff presented the City Council the proposed budget and long term financial liabilities, unfunded costs and opportunities for additional revenue. The City Council directed staff to pursue the adjustment of the Solid Waste Franchise Fee from 5% to 12%. The City Council also directed that the increased revenue should be used to paydown the long term PERS debt. The July 17, 2006 Franchise Agreement between the City and Rainbow Disposal, Inc. (Rainbow) provides for Rainbow to make monthly franchise fee payments to the City based on a percentage of paid gross receipts for commercial services. This fee is a pass-through fee, collected by Rainbow xB -585- Item 18. - 1 Dept. ID PW 14-063 Page 2 of 2 Meeting Date: 11/17/2014 from their commercial customers and paid to the City by Rainbow. The current 5% franchise fee has been in effect and unchanged for 10 years, since July 1, 2004. A staff survey of Orange County cities (Attachment 1) prepared in September 2014 found that 32 out of 34 cities in Orange County charge a franchise fee for commercial solid waste services and those fees range from 4% to 18%. Half of those cities' fees range from 7% to 18%, with an overall average fee of 8%. With respect to neighboring and similar size cities, Santa Ana charges 18%, Newport Beach and Costa Mesa charge 16%, Westminster charges 14%, and Fountain Valley charges 5%. For Fiscal Year 13/14, the City received $796,000 in solid waste franchise fee revenue, which is deposited in the General Fund. This amendment to the franchise agreement proposes to raise the City's commercial solid waste franchise fee from 5% to 12%, implemented gradually over 2.5 years. Rainbow will be paying 1% of the fee commencing in 2017, with the remaining 11% collected as a pass-through fee from the customer. Each percentage increase represents approximately $160,000 per year in General Fund revenue. Upon full implementation in 2017, the 12% franchise fee is estimated to provide an additional $1.17 million in annual revenue as compared to the current 5% fee. The projected revenue is shown in the table below: PROJECTED PROJECTED PROJECTEDFiscal FRANCHISE BASE REVENUE Year FEE AT5% REVENUE REVENUE 2014/15 7% and 9% 832,000 324,000 1,134,000 2015/06 9% and 11% 818,000 736,000 1,554,000 2016/17 11% and 12% 832,000 1,040,000 1,872,000 L2017/18 12% 840,000 1,176,000 2,0161000 Environmental Status: Not applicable. Strategic Plan Goal: Improve long-term financial sustainability Attachment(s): 1. 2014 Commercial Franchise Fee Survey 2. Ordinance No. 4042, "An Ordinance Of The City Of Huntington Beach Amending The Franchise To Collect Refuse Granted To Rainbow Disposal And Rainbow Transfer And Recycling Companies." 3. PowerPoint presentation Item 18. - 2 HB -586- A TA mmNT # I. T C H M i s t 2014 Commercial Franchise Fee Survey data per staff survey completed September 2014 Commercial Commercial Rate city., Franchise Fee (3yd/1X per wk) Hauler 1 Orange 0% $50.75 CR&R k. 2 Tustin 0°% $111.43 CR&R 3 Anaheim 4% $147.68 Republic 4 Rancho Santa Margarita 5% $51.45 CR&R 5 Laguna Woods 5% $57.56 Ware Disposal 6 Mission Viejo 5°% $64.46 USA Waste 7 Lake Forest 5°% $78.91 CR&R $ San Juan Capistrano 5% $99.02 CR&R 9 Laguna Niguel z 5% $104.78 CR&R 10Irvine 5% $105.09 Management i 11 Dana Point 5% $105.74 CR&R(Solag) 12 Aliso Viejo 5°% $110.73 CR&R 13 Laguna Hills 5°% $117.43 CR&R 14 Yorba Linda 5°% $137.31 Republic 15 Buena Park 5% $137.37 Edco t 16 San Clemente 5% $146.22 CR&R 17 Fountain Valley 5°% $147.60 Rainbow 18 Huntington Beach 5% $159.87 Rainbow 19 Villa Park 7% $141.98 Republic 20 Seal Beach 7% $155.20 Republic 21 Fullerton 7% $166.57 Republic 22 Garden Grove 7.50% $154.97 Republic 23 Los Alamitos 2 8% $120.11 Republic &' 24 La Palma 8% $121.87 Edco 25 Brea z 10°% $136.41 Republic { 26 Laguna Beach 10% $144.08 USA Waste _ 27 Stanton 1.0% $162.10 CR&R i S 28 Cypress 10% $180.99 Republic 29 La Habra 11% $134.85 USA Waste a 30 Westminster 14°% $105.72 Rainbow 31 Placentia 15% $15128 Republic 32 Costa Mesa 16°% open market multiple 331 Newport Beach 16% open market multiple 34 Santa Ana 18% $130.33 USA Waste 1 Average Franchise Fee 8% USA Waste dba Waste Management of Orange County g 2 City was nonresponsive. Data is from OC Register 2013 survey. 3 City receives 14%franchise fee-2%paid by hauler,12%paid by customer. 4 Fee charged on temporary and construction boxes only.Varies from 1%-4% t l t xB -587- Item 18. - 3 2014 Commercial Franchise Fee Survey data per staff survey completed September 2014 t Less than 5%, 1 wr MEN't F a 8 f, Item 18. - 4 HB -588- ATTACHMENT #2 ORDINANCE NO. 4042 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE FRANCHISE TO COLLECT REFUSE GRANTED TO RAINBOW DISPOSAL AND RAINBOW TRANSFER AND RECYCLING COMPANIES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The franchise to collect refuse within the City of Huntington Beach previously awarded to Rainbow Disposal and Rainbow Transfer and Recycling Companies is hereby amended as set forth in Amendment No. 1 to the Revised and Restated Refuse Collection and Disposal Services Franchise Agreement By and Between The City of Huntington Beach and the Rainbow Disposal and Rainbow Transfer and Recycling Companies dated July 17, 2006, a copy of which is attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. SECTION 2. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days of its adoption in a newspaper of general circulation. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on , 2014. Mayor ATTEST: APPROVED AS TO FORM: City Clerk ity Attorh 14 ( � Za za '4 REVI AND APPROVED: INITIATED AND APP OVED: Cifm6fger birector of Public W);ks 14-4394/113051 Ordinance No. 4042 Exhibit "A" AMENDMENT NO. 1 TO REVISED AND RESTATED REFUSE COLLECTION AND DISPOSAL SERVICES FRANCHISE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE RAINBOW DISPOSAL AND RAINBOW TRANSFER AND RECYCLING COMPANIES,DATED JULY 17,2006 THIS AMENDMENT NO. 1 is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as "CITY," and the RAINBOW DISPOSAL COMPANY, INC.,joined by RAINBOW TRANSFER AND RECYCLING, INC., both California corporations,hereinafter referred to collectively as "CONTRACTOR." WHEREAS, CITY and CONTRACTOR have previously entered into that certain Revised and Restated Refuse Collection and Disposal Services Franchise Agreement By and Between The City of Huntington Beach and the Rainbow Disposal and Rainbow Transfer and Recycling Companies, dated July 17, 2006,hereinafter referred to as the"Original Agreement," wherein CONTRACTOR was awarded the right to provide refuse collection and disposal services for CITY; and CITY and CONTRACTOR desire to amend Section 13 of the Original Agreement, entitled"Commercial Services Franchise Fee," NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. AMENDMENT TO SECTION 13 ENTITLED COMMERCIAL SERVICES FRANCHISE FEE Section 13 of the Original Agreement, entitled"Commercial Services Franchise Fee" is hereby amended to read as follows: 13. COMMERCIAL SERVICE FRANCHISE FEE A. CONTRACTOR shall pay CITY a franchise fee of its paid gross receipts from COMMERCIAL SERVICE as follows: Effective on 1/1/2015: total fee seven percent(7%). Effective on 7/1/2015: total fee nine percent(9%). Effective on 7/1/2016: total fee eleven percent(11%). Effective on 7/l/2017: total fee twelve percent(12%). The fee shall be added to the commercial rate schedule in Section 12. Effective July 1, 2017, any commercial service franchise fee customer surcharge shall not exceed eleven percent (11%). 14-4394/113083.docx I Ordinance No. 4042 Exhibit "A" B. Said payment shall be made on a monthly basis and be received by CITY no later than fifteen(15) days after the end of each calendar month in which CONTRACTOR's invoices were issued. Any late payments shall be assessed in accordance with Chapter 3.48 of the Huntington Beach Municipal Code. 2. REAFFIRMATION. Except as specifically modified herein, all of the terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Amendment No. 1 to be executed by and through their authorized officers on , 2014 at Huntington Beach, California. RAINBOW DISPOSAL COMPANY, INC., CITY OF HUNTINGTON BEACH a California corporation a California municipal corporation 0.oz':24� tbaident Mayor -Pr e retary City Clerk RAINBOW TRANSFER AND RECYCLING, APPROVED AS TO FORM: INC., a California corporation U"t �t R 04�,Lnrney I�1 Z° K r ident jREVI ND APPROVED: t#tary CiOA&Ager INITIATED AND APPROVED: -�-4 -- Director of Public orks 144394/113083.docx 2 ATTACHMENT #3 CD 00 00 DEPARTMENT OF PUBLIC WORKS = Commercial Refuse Services Franchise Fee Increase At the August 4, 2014 Study Session , the Finance Department presented opportunities for additional revenue to fund several ongoing City needs, including pension obligations. One of the opportunities presented was for an increase in the franchise fee paid by Rainbow Environmental Services for commercial refuse and recycling services. ► Based on City Council feedback at the Study Session , Public Works and Rainbow developed the Franchise Fee amendment proposed tonight. Oc 0 � The July 17 , 2006 Franchise Agreement between City and Rainbow requires Rainbow to pay a 5% franchise fee to City on its paid gross receipts for commercial solid waste services. � Rainbow charges the fee to its Huntington Beach A customers for all commercial services including monthly bin rentals and temporary box rental . Rainbow remits to City as a pass through from customer. u The 5% Franchise Fee has been in effect since 2004. � Currently there are 16 OC cities that charge their hauler franchise fees on commercial service ranging from 7% to 18% . � Other Franchise Fees in Orange County: o Santa Ana - 18% o Westminster - 14% o Newport Beach and Costa Mesa - 16% o Fountain Valley — 5% N � The proposed fee increase from 5% to 12% will be implemented gradually over 2 . 5 years. � Beginning January 1 , 2015 there will be a 2% increase, followed by a 2% increase on July 1 , 2015 and a 2% increase on July 1 , 2016. The final 1 % increase will be effective July 1 , 2017. � As proposed , the final 1 % of the increased Franchise Fee will be paid directly to City from Rainbow and not charged to customers. � For FY 13/14, the city received $796, 000 in General Fund revenue from Rainbow for commercial franchise fees at 5% . � Upon full implementation in 2017 it is projected that the increased Franchise Fee will provide an additional $ 1 . 17 million in General Fund revenue per year CD CD 00 Questions and Comments T/A� � Council/Agency Meeting Held: Deferred/Continued to: -A Appr e ❑ Conditionally Approved ❑ Denied C 's Sig ure Council Meeting Date: 12/17/2012 Department ID Number: PW 12-070 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY MANAGER PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR OF PUBLIC RKS SUBJECT: Receive and File 2013 Commercial Refuse Rates Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: The Refuse Collection and Disposal Services Franchise Agreement with Rainbow Disposal Company, Inc., dba Rainbow Environmental Services, requires an annual review and adjustment of commercial collection rates. The adjusted rate schedule for 2013 is presented as an information item. Financial Impact: No funding is required for this action Recommended Action: Motion to: Receive and file the rate sheet for Commercial Solid Waste collection and disposal service effective January 1, 2013. . Alternative Action(s): This item is information only and no alternative action is available. AP Item 33. - 1 xB -274- REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/17/2012 DEPARTMENT ID NUMBER: PW 12-070 Analysis: The existing Refuse Collection and Disposal Services Franchise Agreement (Franchise Agreement) with Rainbow Environmental Services (Rainbow) stipulates an annual adjustment of commercial service rates for each contract year (July 1 to June 30). The rate schedule is determined by a weighted formula with three variables: Los Angeles-Riverside- Orange County, CA All Urban Consumer Price Index (CPI-U) for March (76%), the County of Orange Landfill Disposal Fee (16%), and the local average price of diesel fuel in March (8%). In June of 2012 the City and Rainbow met and mutually agreed to defer the commercial rate adjustment from July 1, 2012 to January 1, 2013. The Commercial Service Rates effective January 1, 2013 presented here are an information item. The document will be become the new Exhibit A of the Franchise Agreement. Commercial fees are collected by Rainbow through direct arrangement with the customer and are not received or processed by the City. As negotiated between Rainbow and city staff, an adjusted formula weighting was applied to this rate change which increases the CPI weighting from 76% to 79% and decreases the landfill dumping fee weighting from 16% to 13%. This adjusted formula weighting more accurately reflects current recycling levels with less material being sent to the landfill. Per the City's agreement with the County of Orange, landfill disposal fees increased 3.53% from $30.30 to $31.37 per ton. The March 2012 CPI-U increased 2.02% over March 2011. For the same period, diesel fuel costs have increased 3.39%. Based on the formula, the calculated adjustment is an increase of 2.329%. The Franchise Agreement specifies that rates for commercial services, drop-off boxes, and rent-a-bins adjust annually by the same formula calculation. Public Works Commission Action: Not applicable. Strategic Plan Goal: Not applicable. Environmental Status: Not applicable. Attachment(s): City Clerk'S Page Number No. Descripti.on 1. Exhibit A to Solid Waste Franchise Agreement: Rainbow Environmental Services Commercial Rates Effective January 1, 2013 2. Rainbow Rate Calculation and supporting documentation -2- 12/10/2012 5:21 PM HB -275- Item 33. - 2 ATTACHMENT # 1 EXHIBIT A RAINBOW DISPOSAL COMMERCIAL SERVICE RATES CITY OF HUNTINGTON BEACH, EFFECTIVE JANUARY 1, 2013 Standard Service (shown in dollars per month): * Bin Size: 1 Cubic Yard 2 Cubic Yard 3 Cubic Yard Pickups 1 x Week $75.29 $122.93 $155.82 Per Week: 2 x Week $119.34 $178.69 $238.09 3 x Week $150,85 $227,41 $327,26 4 x Week $167.84 $269.17 $390.41 5 x Week $197.31 $331.80 $498.98 6 x Week $228.78 $382.34 $584.56 *Contractor may make extra charges for special or additional services in accordance with Section 8.21.170 (b) of the Huntington Beach Municipal Code. Compacted Service (3 Cubic Yard Only Add 25% for 4 Cubic Yard_ ):_ (Pickups per week shown over Cost per month) 1 x Week 2 x Week 3 x Week 4 x Week 5 x Week 6 x Week $316.31 $486.75 $675.43 $811.67 $1036.47 $1215.42 Temporary Service: Service Size Service Time Service Rate 3 Cu. Yd. Rent-A-Bin Two (2) days $58.00 per load 3 Cu. Yd. Rent-A-Bin Weekend $72.00 per load 40 Yard Drop Off Box* Four (4) days $460.00 per load 8 Yard Drop Off Box ** Four (4) Days $497.00 per load *Highside (6 tons max.). **Lowside (8 tons max.). Any container that exceeds these tonnage limitations is subject to additional dump fees, and the customer may have to order an additional container to comply with State of California weight limitation laws. (Extra days for 40 and 8-yard DOB's are $15.00 each.) HB -277- Item 33. - 4 ATTACHMENT #2 3C'vf?r i l•.�?; - ;� .,J +1115 Lf]tir"^ .RAINBOW December 10,2012 Travis K. Hopkins PE Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 RE: Franchise Agreement Rate Adjustment Dear Travis, Our Solid Waste Franchise Agreement provides for an annual review and adjustment of commercial rates each July 1 in accordance with the formula stipulated in the Agreement. This year, as mutually agreed by Rainbow and City,the commercial rate adjustment was deferred from July 1,2012 to January 1, 2013. In anticipation of the January 1, 2013 commercial rate adjustment,we hereby submit the corresponding rate schedule, and supporting documentation. We request that the attached commercial rate schedule be reviewed and approved by appropriate City staff and procedure In advance of the scheduled rate adjustment. Thank you for the continued opportunity to serve the City's solid waste and recycling needs, Wishing you Happy Holidays. Sincerely, r R Jerry Moffatt Co-President/COO J M/bjm Attachments Prfnled on recycled content popar HB -279- Item 33. - 6 Rainbow Disposal Co.,Inc. City of Huntington Beach Commercial Rate Formula Data items Dump Fuel CPI Fee$/ton Price$/Gal 2008 223.61 22.00 3.87 2009 221.38 22.00 1.88 2010 225.48 29.95 2.78 2011 232.24 30.30 4.03 2012 236.94 31.37 4.17 Percentage Change CPI Dump Fee Fuel Price 2.02% 3.53% 3.39% Application of Weighting Percentage CPI Dump Fee Fuel Price Total Weighting Factor 79% 13% 8% 100% Resultant Rate Change Factor 1.599% 0.459% 0.271% 2.329% Commercial Refuse Rate Change Percentage 2.329% Existing Percent New Rate Change Rate City Service Cost Cap $ 984,891 2.329% $ 1,007,830 Item 33. - 7 HB -280- Commercial Service Rates Commercial Service Rates Calculated Effective 1/1/13 Calculated 1/1/13 Basic Franchise State Total 2011 2013 Service Fee Recycling Fee Rate Rate 1 Yard 1 X Per Week 69.17 3.46 2.66 75.29 73.63 75.29 2 X Per Week 108.51 5.43 5.40 119.34 116.74 119.34 3 X Per Week 135.92 6.80 8.14 150.85 147.60 150.85 4 X Per Week 149.44 7.47 10.92 167.84 164.26 167.84 5 X Per Week 174.91 8.75 13.66 197.31 193.13 197.31 6 X Per Week 202.24 10.11 16.42 228.78 223.94 228.78 2 Yard 1 X Per Week 112.60 5.63 4.70 122.93 120.24 122.93 2 X Per Week 161.40 8.07 9.22 178.69 174.83 178.69 3 X Per Week 202.31 10.12 14.98 227.41 222.58 227.41 4 X Per Week 237.27 11.86 20.04 269.17 263.50 269.17 5 X Per Week 292.15 14.61 25.04 331.80 324.82 331.80 6 X Per Week 335.49 16.77 30.08 382.34 374.33 382.34 3 Yard 1 X Per Week 143.92 7.20 4.71 155.82 152.38 155.82 2 X Per Week 216.76 10.84 10.50 238.09 232.91 238.09 3 X Per Week 292.11 14.61 20.54 327.26 320.27 327.26 4 X Per Week 343.11 17.16 30.14 390.41 382.21 390.41 5 X Per Week 439.33 21.97 37.68 498.98 488.48 498.98 6 X Per Week 513.66 25.68 45.22 584.56 572.29 584.56 3 Yard Compactor 1 X Per Week 301.25 15.06 - 316.31 309.11 316.31 2 X Per Week 463.57 23.18 - 486.75 475.67 486.75 3 X Per Week 643.27 32.16 - 675.43 660.06 675.43 4 X Per Week 773.02 38.65 - 811.67 793.19 811.67 5 X Per Week 987.11 49.36 - 1,036.47 1,012.88 1,036.47 6 X Per Week 1,157.54 57.88 - 1,215.42 1,187.75 1.215.42 Basic Franchise State Total 2011 2013 Service Fee Recycling Fee Rate Rate 40 Yd DOB(4) 459.81 459.81 448.00 460.00 8 Yd DOB(4)Lowboy 497.45 497.45 484.00 497.00 10 Yd DOB(4) RAB-Weekday 58.33 58.33 57.00 58.00 RAB-Weekend 72.12 72.12 70.48 72.00 xB -281- Item 33. - 8 Table 10.Consumer Price Index for All Urban Consumers(CPI-U):Selected areas,all Items index (1982-84=100,unless otherwise noted) All Items Indexes Percent change to Percent change to Area Pricing Mar.2012 from- Feb.2012 from- schedule 1 Dec. Jan. Feb. Mar. Mar. Jan. I Feb. Feb. Dec. Jan. 2011 2012 2012 2012 2011 2012 1 2012 2011 2011 2012 U.S.city average ............................................ M 225.672 226.665 227.663 229.392 2.7 1.2 0.8 2.9 0.9 0.4 Region and area slze2 Northeast urban.............................................. M 241.987 242.879 243.850 245.125 2.5 .9 .5 2.8 .8 .4 Size A-More than 1,500,000..................... M 243,328 244.296 245.179 246.473 2.4 .9 .5 2.7 .8 .4 Size B/C-50,000 to 1,500,000 3................ M 145.062 145.456 146.217 146.961 2.8 1.0 .5 3.3 .8 .5 Midwest urban ................................................ M 215.173 216.368 216.855 218.975 2.8 1.2 1.0 2.7 .8 .2 Size A-More than 1,500,000..................... M 215.633 216.883 217.320 219.269 2.7 1.1 .9 2.8 .8 .2 Size B/C-50,000 to 1,500,000 3................ M 138.186 138.903 139.191 140.921 3.0 1.5 1.2 2.6 .7 ,2 Size D- Nonmetropoiitan (less than 50,000) ............................................... M 212.505 213.649 214.524 215.784 2.9 1.0 .6 3.1 1.0 .4 South urban.................................................... M 219.469 220.497 221.802 223.314 2.8 1.3 .7 3.3 1.1 .6 Size A-More than 1,500,000..................... M 220.152 221.185 222.711 224.250 2.7 1.4 .7 3.0 1.2 .7 Size B/C-50,000 to 1,500,000 3................ M 139.838 140.388 141.133 142.056 2.8 1.2 .7 3.3 .9 .5 Size D- Nonmetropoiltan (less than 50,000) ............................................... M 224.892 226.902 228.117 229.953 3,5 1.3 .8 4.3 1.4 .5 West urban ..................................................... M 228.117 228.980 229.995 232.039 2.4 1.3 .9 2.5 .8 .4 Size A-More than 1,500,000..................... M 232.106 233.044 234.173 236.249 2.4 1.4 .9 2.5 .9 .5 Size B/C-50,000 to 1,500,000 3................ M 138.017 138.465 138.997 140.235 2.2 1.3 .9 2.3 .7 .4 Size classes A 4 .............................................................. M 205.636 206.562 207.469 209.011 2.5 1.2 .7 2.7 .9 .4 B/C 3........................................................... M 139.881 140.418 141.040 142.146 2.7 1.2 .8 3.0 .8 .4 D................................................................. M 219.950 221.362 222.324 224.029 3.2 1.2 .8 3.5 1.1 .4 Selected local areas5 Chicago-Gary-Kenosha,IL-IN-WI................... M 218.180 219.585 219.626 222.351 2.1 1.3 1.2 1.6 .7 .0 Los Angeles-Riverside-Orange County,CA... M 231.567 233.441 234.537 236.941 2.0 1.5 1.0 2.1 1.3 .5 New York-Norlhem N.J.-Long Island, NY-NJ-CT-PA......................................... M 248.307 249.322 250.285 251.887 2.6 1.0 .6 2.6 .8 .4 Boston-Brockton-Nashua,MA-NH-ME-CT..... 1 245.891 247.166 1.8 .5 - Cleveland-Akron,OH...................................... 1 211.985 214.743 2.6 1.3 Dallas-Fort Worth,TX..................................... 1 209.203 212.618 2.7 1.6 Washington-Baltimore,DC-MD-VA-WV 6 ...... 1 148.163 150.074 2.8 1.3 Atlanta,GA..................................................... 2 208.590 210.600 - 2.4 1.0 --Detroit-Ann Arbor-Flint,MI.............................. 2 213.505 214.836 3.9 .6 Houston-Galveston-Brazoda,TX.................... 2 200.477 204.291 3.6 1.9 Miami-Fort Lauderdale,FL ............................. 2 231.794 234.043 2.9 1.0 Philadelphia-Wllmington-Atiantic City, PA-NJ-DE-MD ........................................ 2 234.312 235.857 2.2 .7 San Francisco-Oakland-San Jose,CA........... 2 234.327 236.880 3.0 1.1 Seattle-Tacoma-Bremerton,WA .................... 2 234.812 235.744 2.7 .4 1 Foods,fuels,and several other Items priced every month in all areas: Pittsburgh,PA;Portland-Salem,OR-WA;St.Louts,MD-IL;San Diego,CA; most other goods and services priced as Indicated: Tampa-St.Petersburg-Clearwater,FL. M-Every month. + 6 Indexes on a November 1996=100 base. 1-January,March,May,July,September,and November. - Data not available. 2-February,April,June,August,October,and December. 2 Regions defined as the four Census regions. See map In technical NOTE:Local area Indexes are byproducts of the national CPI program. Each notes. local Index has a smaller sample size than the national index and is,therefore, 3 Indexes on a December 1996=100 base. subject to substantially more sampling and other measurement error.As a 4 Indexes on a December 1986=100 base. result,local area Indexes show greater volatility than the national Index, 5 In addition,the following metropolitan areas are published semiannually although their long-term trends are similar. Therefore,the Bureau of Labor and appear In Tables 34 and 39 of the January and July issues of the CPI Statistics strongly urges users to consider adopting the national average CPI Detailed Report:Anchorage,AK;Cincinnati-Hamilton,OH-KY-IN; for use in their escalator clauses. Denver-Boulder-Greeley,CO;Honolulu,HI;Kansas City,MO-KS; Milwaukee-Racine,WI;Minneapolis-St.Paul,MN-WI;Phoenix-Mesa,AZ; NOTE:Index applies to a month as a whole,not to any specific dale. 41 CPI Detailed Report-March 2012 Item 33. - 9 BB -282- 581 Fax (� Tel(71PO Box31026 o t17121 oNicholsl 8414660 Street t ENVIRONMENTAL SERVICES C9 Huntington Beach,CA 92647 Providing Greener Possibilities' www.RoinbowES.com FOR IMMEDIATE RELEASE CONTACT: Joe Haakenson JUVE Creative, Inc. (714) 841 9600 joe@juvecreative.com RAINBOW SHOWS NEW COLORS New name, fresh look, some Rainbow. Rainbow Disposal has changed its name and appearance to Rainbow Environmental Services, reflecting its true call to action as the cleaner communities leader, "Providing Greener Possibilities"with its relentless efforts to implement innovative solutions in the waste collection, recycling and reuse industries. Rainbow does so much more than dispose of waste. With help of the communities it serves, Rainbow diverts the majority of waste from landfills and recycles it to support environmental sustainability. Rainbow Environmental Services (formerly Rainbow Disposal) was named the 2009 Climate Action Leader by the Secretary of the California Environmental Protection Agency, an award that honors the ongoing commitment Rainbow has made to enhance the sustainability of the communities of Huntington Beach, Fountain Valley, Westminster, Midway City,Sunset Beach, Newport Beach, Costa Mesa and Irvine. In recent years, Rainbow has led the way with its approach to tackle the issues and concerns that threaten a thriving and healthy global environment. Rainbow has been involved in the research and development of conversion technologies which serve dual purposes, by addressing the worldwide problem of waste disposal,while also exploring utilization of organic materials and waste to produce value added products such as fertilizers, fuels or energy. Rainbow offers a variety of retail products and services, like a free household hazardous waste collection center, rent-a-bins, residential and commercial roll-off services, bulky item pick-up, a CNG (compressed natural gas) fueling station that is open to the public and more than nine soil products recycled from locally sourced green materials. Rainbow also provides services and products for commercial businesses such as its new commercial recycling program, recycled aggregate for road base, compactor pick-up and large bins for construction companies. With its 50-year commitment to recycling and cleaner communities, Rainbow remains the leader in environmental services. About Rainbow Environmental Services: Employee-owned Rainbow Environmental Services has been a dependable community partner for more than 50 years, "Providing Greener Possibilities"by leading the way in keeping communities clean, initiating innovative ideas and offering products and services for a thriving, environmentally-conscious society. T 4J Council/Agency Meeting Held a/ Deferred/Continued to Appr ved ❑ Conditionally Approved ❑ Denied Ci CI s Sianl4ture Council Meeting Date June 21 2010 Department ID Number PW 10-042 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO Honorable Mayor and City Council Members SUBMITTED BY Fred A Wilson City Administrator PREPARED BY Travis K Hopkins PE Director of Public Works SUBJECT 2010-2011 Refuse Rate calculation for residential and commercial solid waste collection provided by Rainbow Disposal Company Inc Statement of Issue The Refuse Collection and Disposal Services Franchise Agreement with Rainbow Disposal Company Inc requires an annual review and adjustment of residential refuse collection rates No change is proposed to the residential rate Commercial refuse rates are included as an information item Financial Impact No funding is required for this action Recommended Action Motion to A) Maintain the existing residential refuse rate of $0 6122 per unit per day (approximately $18 62 per month) and B) Receive and file the rate sheet for Commercial Solid Waste Disposal Service effective July 1 2010 Alternative Action(s) Deny the recommended action and direct staff to proceed differently -233- Item 14 - Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE 6/21/2010 DEPARTMENT ID NUMBER PW 10-042 Analysis The existing Refuse Collection and Disposal Services Franchise Agreement (Franchise Agreement) with Rainbow Disposal Company (Rainbow) stipulates an annual review of the residential and commercial service rates A change in compensation for each contract year (July 1 to June 30) is determined by a formula with three variables The variables and their weighting factors are the Los Angeles-Anaheim-Riverside All Urban Consumer Price Index for March (76%) the County of Orange Landfill Tipping Fee (16%) and the local average price of diesel/Compressed Natural Gas (CNG) fuel in March (8%) The cost of diesel is used to determine the commercial rate calculation and the cost of CNG is used to determine the residential rate calculation In June of 2009 City Council approved a new 10-year agreement with the County of Orange for landfill tipping Per this agreement effective July 1 2010 landfill fees increase from $22 00 per ton to $29 95 per ton a 36 1% increase The March 2010 CPI increased 1 9% over March 2009 For the same period diesel costs increased 47 65% and CNG fuel costs have decreased 3 76% Residential Rate Rainbow has proposed further analysis of the existing residential rate formula with Public Works staff Staff anticipates returning to Council in early 2011 for further review of the residential rate Until that time and in consideration of the continued economic downturn affecting our city Rainbow has proposed immediate rate relief for the residential customers by foregoing the calculated net residential increase of 4 8% ($0 69 per unit per month) and maintaining the current residential rate at this time Commercial Rate The Franchise Agreement specifies that rates for commercial service drop-off boxes and rent-a-bins adjust annually by the same formula calculation as described above applying the change in cost of diesel fuels Rainbow held the commercial rates unchanged for 2009 in lieu of a 4 87% decrease in part to offset the anticipated rate increase for 2010 In order to provide economic relief to its Huntington Beach commercial customers Rainbow has applied the deferred discount from 2009 and adjusted the formula weighting providing an overall 6 9% reduction to the contract formula With these adjustments the resulting commercial rate increase is 3 64% Rainbow has also committed to holding the 2010 rates effective until July 1 2012 The Commercial Service Rates effective July 1 2010 are presented as an information item (Attachment 2) The document will become the new Exhibit A of the Franchise Agreement Commercial fees are collected by Rainbow through direct arrangement with the customer and are not processed by the City Public Works Commission Action Not required Environmental Status Not applicable Strategic Plan Goal Maintain financial viability and our reserves Item 14 - Page 2 -234- REQUEST FOR COUNCIL ACTION MEETING DATE 6/21/2010 DEPARTMENT ID NUMBER PW 10-042 Attachment(s) • . . 1 Rainbow Disposal 2010 Solid Waste Disposal Rate Certification Letter dated June 4 2010 2 Exhibit A Commercial Rates effective July 1 2010 -235- Item 14 - Page 3 ATTACHMENT # 1 w ® O . 977 Ccs DISPOSAL CO , INC PO BOX 1026 ® HUNTINGTON BEACH, CA92647-1026 ® (714) 847-3581 FAX (714) 841-4660 June 4 2010 Mr Bob Wingenroth Director of Finance City of Huntington Beach 2000 Main Street Huntington Beach California 92647 RE 2010 Solid Waste Disposal Rate Certification Below is the 2010-2011 Refuse Rate calculation for the City of Huntington Beach residential and commercial solid waste collection provided by Rainbow Disposal Co Inc The rate calculated utilizes the formula as specified in sections 11 and 12 as amended of the Refuse Collection and Disposal Services Franchise Agreement (the Agreement) between the City of Huntington Beach and Rainbow Disposal Co Inc As you know effective July 1 2010 the landfill rate as specified in the County of Orange Waste Disposal Agreements will increase from $22 per ton to $29 95 per ton a 36 14% increase The landfill increase alone for 2010 would result in a $ 82 increase for residential customers and a 5 782 % increase to commercial customers as calculated by the rate formula For this reason as well as the general economic decline and the 2008 commodity value reduction the calculated 2009 rate reduction was deferred to offset the 2010 rate increase Further we performed an analysis of landfill cost as it relates to revenues and determined that the weighting factor of the landfill rate of 16% contained in the Agreement could be reduced to 13% also reducing the impact of the landfill rate increase Given the continued economic downturn and in the interest of providing rate relief to Huntington Beach residents as well as Prop 218 public notification time requirements Rainbow is proposing to defer the residential rate change and Proposition 218 process to commence January 2011 if a rate increase pursuant to the rate formula is deemed necessary Any rate change as a result of a January 2011 rate charge process would be effective through July 1 2012 thus freezing the rate beyond the July 2011 rate review period Secondly to provide further rate relief for the commercial businesses within the City of Huntington Beach we propose to discount this year s calculation (weighting factor of-0-) the CPI component of the Commercial Rate Calculation and the landfill weighting factor of 13% as discussed above reducing the rate change percentage to 3 64% Additionally we propose to have these rates be effective until July 1 2012 thus freezing the rates for an additional year We believe this proposal provides appropriate rate relief to the citizens and businesses of Huntington Beach Supporting documents including CPI report fuel bills and commercial rate schedules are attached PRINTED ON RECYCLED PAPER 6 Mr Bob Wingenroth Director of Finance City of Huntington Beach June 4 2010 Page 2of2 The residential rate schedule for this year includes a downward adjustment for the current year rate for CNG fuel The commercial rate schedule reflects the franchise fee rate of 5% of gross refuse collection receipts CERTIFICATION To the best of our knowledge the information enclosed is complete and accurate Bruce Shuman CPA Chief Executive Officer Rainbow Disposal Co Inc ACKNOWLEDGEMENT /� z/,� Bob Wingenroth Director of Finance City of Huntington Beach PRINTED ON RECYCLED PAPER Rainbow Disposal Co Inc City of Huntington Beach Residential Rate Formula Data Items Dump Fuel CPI Fee$/ton Price$/Gal 2006 2085 2200 2007 2165 2200 2008 2236 2200 2 335 2009 221 4 2200 1 953 2010 2255 2995 1 880 Percentage Change CPI Dump Fee Fuel Price 1 820/ 36 140/ 3 760/ Application of Weighting Percentage CPI Dump Fee Fuel Price Total Weighting Factor 79% 13% 8/0 1000/ Resultant Rate Change Factor 1 439% 4 698% 0 301/0 5 8360/ Application of Rate Change Factor to the Residential Rate Existing Percent Rate New Rate Change Change Rate Refuse Rate $ 1422 5 836/0 083 $ 1505 MRF Rate 300 0 000/0 300 Total Rainbow Rate 1722 1805 City Administrative Fee 140 1 40 Total Residential Rate $ 1862 $ 1945 2009 Deferred Rate Adjustment (0 29) (0 29) 054 1916 Rainbow Disposal Co Inc City of Huntington Beach Commercial Rate Formula Data Items Dump Fuel CPI Fee$/ton Price$/Gal 2006 20850 2200 264 2007 21650 2200 270 2008 22361 2200 387 2009 221 38 2200 1 88 2010 22548 2995 278 Percentage Change CPI Dump Fee Fuel Price 1 82/0 36 14% 47 650/ Application of Weighting Percentage CPI Dump Fee Fuel Price Total Weighting Factor 79/o 130/ 8% 100% Resultant Rate Change Factor 1 439/o 4 6980/ 3 812% 9 9490/ Commercial Refuse Rate Change Percentage 9 949/o 2009 Commercial Rate Deferred -4 866/0 2010 Commercial Rate Change Percentage 5 0820/ Existing Percent New Rate Change Rate City Service Cost Cap $ 950 268 9 949/o $ 1 044 806 $ 950 268 5 080/ $ 998 565 Rainbow Disposal Co Inc City of Huntington Beach Commercial Rate Formula Alternate Data Items Dump Fuel CPI Fee$/ton Price$/Gal 2006 20850 2200 264 2007 21650 2200 270 2008 22361 2200 387 2009 221 38 2200 1 88 2010 22548 2995 278 Percentage Change CPI Dump Fee Fuel Price 1 82% 36 14/o 47 65% Application of Weighting Percentage CPI Dump Fee Fuel Price Total Weighting Factor 0% 13% 8% 21% Resultant Rate Change Factor 0 000/0 4 6980/ 3 812/ 8 5100/ Commercial Refuse Rate Change Percentage 8 510% 2009 Commercial Rate Deferred -4 866/o 2010 Commercial Rate Change Percentage 3 644/0 Existing Percent New Rate Change Rate City Service Cost Cap $ 950 268 8 5100/ $ 1 031 132 $ 950 268 3 640/ $ 984 891 Commercial Service Rates Alternate Schedule 2010 Rate Calculation 2009 Refuse 2010 RDC 5% Calculated Refuse Percent Refuse MRF 2010 Franchise 2010 Rate Change Rate Rate Rate Fee Total 1 Yard 1 X Per Week 6522 3 64% 6759 266 7025 338 7363 2 X Per Week 10231 3 64% 10604 540 11144 530 11674 3 X Per Week 12815 3 64% 13282 814 14096 664 14760 4 X Per Week 14091 3 64% 14604 1092 15696 730 16426 5 X Per Week 16492 3 64% 17093 1366 18459 855 19313 6 X Per Week 19069 3 64% 19764 1642 21406 988 22394 2 Yard 1 X Per Week 10617 3 64% 11004 470 11474 550 12024 2 X Per Week 15218 3 64% 15772 922 16694 789 17483 3 X Per Week 19076 3 64% 19771 1498 21269 989 22258 4 X Per Week 22372 3 64% 231 87 2004 251 91 11 59 26350 5 X Per Week 27547 3 64% 28550 2504 31054 1428 32482 6 X Per Week 31633 3 64% 32785 3008 35793 1639 37433 3 Yard 1 X Per Week 13570 3 64% 14064 4 71 14535 703 15238 2 X Per Week 20438 3 64% 211 82 1050 22232 1059 23291 3 X Per Week 27543 3 64% 28546 2054 30600 1427 32027 4 X Per Week 32351 3 64% 33530 3014 36544 1677 38221 5 X Per Week 41424 3 64% 42933 3768 46701 21 47 48848 6 X Per Week 48432 3 64% 501 97 4522 54719 2510 57229 3 Yard Compactor 1 X Per Week 28405 3 64% 29439 29439 1472 30911 2 X Per Week 43710 3 64% 45302 45302 2265 47567 3 X Per Week 60653 3 64% 62863 62863 31 43 66006 4 X Per Week 72887 3 64% 75542 75542 3777 793 19 5 X Per Week 93073 3 64% 96464 96464 4823 1 01288 6 X Per Week 1 091 43 3 64% 1 13120 1 131 20 5656 1 18775 2010 2009 Dump Portion Service Dump CPI Calculated Rate Tons Rate Total Portion Adjust Adjust Rate 40 Yd DOB (4) 40300 6 22 132 271 00 4770 (2 86) 44784 8 Yd DOB (4) Lowboy 42300 8 22 176 24700 6360 (2 60) 48400 10 Yd DOB(4) 32700 4 22 88 23900 31 80 (2 52) 35628 RAB Weekday 5500 5500 200 5700 RAB Weekend 6800 6800 248 7048 -243- Item 14 - Page 11 EXHIBIT A RAINBOW DISPOSAL COMMERCIAL SERVICE RATES CITY OF HUNTINGTON BEACH, EFFECTIVE JULY 1, 2010 Standard Service (shown in dollars per month) * Bin Size 1 Cubic Yard 2 Cubic Yard 3 Cubic Yard Pickups 1 x Week $73 63 $120 24 $152 38 Per Week 2 x Week $116 74 $174 83 $232 91 3 x Week $147 60 $222 58 $320 27 4 x Week $164 26 $263 50 $382 21 5 x Week $193 13 $324 82 $488 48 6 x Week $223 94 $374 33 $572 29 *Contractor may make extra charges for special or additional services in accordance with Section 8 21 170 (b) of the Huntington Beach Municipal Code Compacted Service (3 Cubic Yard Only Add 25% for 4 Cubic Yard) (Pickups per week shown over Cost per month) 1 x Week 2 x Week 3 x Week 4 x Week 5 x Week 6 x Week $309 11 $475 67 $660 06 $793 19 $1012 88 $1187 75 Temporary Service Service Size Service Time Service Rate 3 Cu Yd Rent-A-Bin Two (2) days $57 00 per load 3 Cu Yd Rent-A-Bin Weekend $70 00 per load 40 Yard Drop Off Box* Four (4) days $448 00 per load 8 Yard Drop Off Box ** Four (4) Days $484 00 per load 10 Yard Drop Off Box Four (4) Days $356 00 per load *Highside (6 tons max ) **Lowside (8 tons max ) Any container that exceeds these tonnage limitations is subject to additional dump fees and the customer may have to order an additional container to comply with State of California weight limitation laws (Extra days for 40 and 10-yard DOB s are $15 00 each ) item 14 - Page 12 -244- Council/Agency Meeting Held Deferred/Continued to )iAp roved ❑ Conditionally Approved ❑ Denied S C CI Signa e Council Meeting Date 6/15/2009 Department ID Number PW 09 26 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY CeOF CIL MEMBERS SUBMITTED BY FRED A WILSON CITY ADMINIOR PREPARED BY TRAVIS K HOPKINS PE DIREC P LIC WOR SUBJECT Annual Refuse Rate Review 1Eem:e:,t:o:f issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue The Refuse Collection and Disposal Services Franchise Agreement with Rainbow Disposal Company Inc requires an annual review and adjustment of residential refuse collection rates No change to the residential rate is proposed through June 2010 Commercial refuse rates are included as an information item Funding Source No funding is required for this action Recommended Action Motion to 1 Maintain the existing residential refuse rate of $0 6122 per unit per day (approximately $18 62 per month) for the period from July 1, 2009 through June 30 2010 and 2 Receive and file the rate sheet for Commercial Solid Waste Disposal Service effective July 1, 2009 Alternative Actoon(s) Deny the recommended action and adopt the residential trash rate in accordance with the formula established in the Solid Waste Franchise Agreement This action will require adoption of a resolution establishing a new rate prior to any rate change becoming effective REQUEST FOR CITY COUNCIL ACTION MEETING DATE 6/15/2009 DEPARTMENT ID NUMBER PW 09-26 Analysis The existing Refuse Collection and Disposal Services Franchise Agreement (Franchise Agreement) with Rainbow Disposal Company (Rainbow) stipulates an annual review of the residential and commercial service rates A change in compensation for each contract year (July 1 to June 30) is determined by a formula with three variables The variables and their weighting factors are the Los Angeles-Anaheim-Riverside All Urban Consumer Price Index for March (76%) the County of Orange Landfill Tipping Fee (16%) and the local average price of diesel/Compressed Natural Gas (CNG) fuel in March (8%) The cost of diesel is used to determine the commercial rate calculation and the cost of CNG is used to determine the residential rate calculation Per the existing agreement with the County of Orange landfill fees remain constant at $22 00 per ton The March 2009 CPI shows a decrease of one per-cent (1%) over March 2008 For the same period diesel fuel costs have decreased 51 35% and CNG fuel costs have decreased 16 35% For the residential trash rate the calculated rate decrease is 2 066% or $0 29 per unit per month Rainbow Disposal is requesting that the City forego the residential formula rate decrease this year and retain the 2008 rate for 2009 In making this request Rainbow is asking for consideration of the following Rainbow has not taken the full formula calculated increase in eight of the past ten years Cumulatively this equates to a rate discount of approximately $2 per unit per month and a savings to the ratepayers of more than $7 million This has been possible because the success of the recycling program essentially enabling Rainbow to offer back a portion of their recycling revenues towards a reduced residential rate Rainbow has requested the City Council s consideration of the prior years rate savings and of the effect of the economic downturn on recycling commodities and on Rainbows operations in holding the 2008 residential rate for 2009 The Franchise Agreement specifies that rates for commercial service drop-off boxes and rent-a-bins adjust annually by the same formula calculation as described above applying the change in cost of diesel fuels The calculated commercial rate change is -4 87% Due to the economic downturn and the collapse of the recyclable commodities markets Rainbow is holding the commercial rates unchanged for 2009 The Commercial Service Rates effective July 1 2009 are presented as an information item (Attachment 2) The document will become the new Exhibit A of the Franchise Agreement Commercial fees are collected by Rainbow through direct arrangement with the customer and are not processed by the City Public Works Commission Action Not applicable Strategic Plan Goal C-2 Provide quality public services with the highest professional standards to meet community expectations and needs Environmental Status Not applicable 2 5/28/2009 2 31 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE 6/15/2009 DEPARTMENT ID NUMBER PW 09-26 Attachment(s) e o s ® s o 1 2009 Solid Waste Disposal Rate Certification dated May 4 2009 2 Exhibit A to Solid Waste Franchise Agreement Rainbow Disposal Commercial Service Rates Effective July 1 2009 3 5/28/2009 11 59 AM ATTACHMENT # 1 g1, DOSPOSAL CO , IINC PO BOX 1026 o HUNTINGTON BEACH, CA 92647-1026 o (714) 847 3581 FAX (714) 841 -4660 May 4 2009 Mr Bob Wingenroth Director of Finance City of Huntington Beach 2000 Main Street Huntington Beach California 92647 RE 2009 Solid Waste Disposal Rate Certification Below is the 2009-2010 Refuse Rate calculation for the City of Huntington Beach residential and commercial solid waste collection provided by Rainbow Disposal Co Inc The rate calculated utilized the formula as specified in sections 11 and 12 as amended of the Refuse Collection and Disposal Services Franchise Agreement (the Agreement) between the City of Huntington Beach and Rainbow Disposal Co Inc Rainbow Disposal Co Inc City of Huntington Beach Residential Rate Formula Data Items Dump Fuel CPI Fee$/ton Price$/Gal 2005 1992 2200 2006 2085 2200 2007 2165 2200 2008 2236 2200 2 335 2009 221 4 2200 1 953 Percentage Change CPI Dump Fee Fuel Price 1 00/0 0 000/ 16 35% Application of Weighting Percentage CPI Dump Fee Fuel Price Total Weighting Factor 76/ 160/ 8% 1000/ Resultant Rate Change Factor 0 758/0 0 000/0 1 308% 2 066/0 Application of Rate Change Factor to the Residential Rate Existing Percent Rate New Rate Change Change Rate Refuse Rate $ 1422 2 0660/ (0 29) $ 13 93 MRF Rate 300 0 000/0 300 Total Rainbow Rate 1722 1693 City Administrative Fee 1 40 1 40 Total Residential Rate $ 1862 $ 1833 PRINTED ON RECYCLED PAPER Mr Bob Wingenroth Director of Finance City of Huntington Beach May 4 2009 Page 2 of 3 Rainbow Disposal Co Inc City of Huntington Beach Commercial Rate Formula Data Items Dump Fuel CPI Fee$/ton Price$/Gal 2005 19920 2200 232 2006 20850 2200 264 2007 21650 2200 270 2008 22361 2200 387 2009 221 38 2200 1 88 Percentage Change CPI Dump Fee Fuel Price 1 00% 0 00% 51 35% Application of Weighting Percentage CPI Dump Fee Fuel Price Total Weighting Factor 76% 16% 8% 100% Resultant Rate Change Factor 0 758% 0 000% 4 108% 4 866% Commercial Refuse Rate Change Percentage 4 866% Existing Percent New Rate Change Rate City Service Cost Cap $ 950 268 4 866% $ 904 026 Supporting documents including CPI report fuel bills and commercial rate schedules are attached The residential rate schedule for this year includes the initial baseline rate for CNG fuel The commercial rate schedule reflects the franchise fee rate 5% of gross refuse collection receipts As you know 2009 has been a challenging year for most businesses including ours This is due mostly to the significant decline in recycling commodity valuation along with the decline in construction activity In the past Rainbow has not taken its contractually guaranteed rate increases because of the success of the recycling program effectively giving back a significant portion of the revenues for recycling The accumulated amount of this reduction is approximately $7 600 000 since the year 2000 to our residential customers 2010 promises to be even more challenging given the planned landfill rate increase from $22 per ton to $29 95 per ton as specified in the County of Orange Waste Disposal Agreements to which the City of Huntington Beach and Rainbow Disposal Co Inc are both signatures The landfill increase alone for 2010 will result in a $ 82 increase for PRINTED ON RECYCLED PAPER 6 Mr Bob Wingenroth Director of Finance City of Huntington Beach May 4 2009 Page 3 of 3 residential customers and a 5 782 % increase to commercial customers as calculated by the rate formula Accordingly based these facts and to effectively smooth the effect of the significant events Rainbow Disposal Co Inc is requesting that the rates for the 2009 — 2010 remain the same as the current rates CERTIFICATION The foregoing is complete and accurate to the best of my knowledge V 4 Bruce Shuman CPA Chief Executive Officer Rainbow Disposal Co Inc ACKNOWLEDGEMENT z6lz��- Bob Wingenroth Director of Finance City of Huntington Beach PRINTED ON RECYCLED PAPER t'S DISPOSAL CO , ONC P O BOX 1026 o HUNTINGTON BEACH, CA 92647-1026 o (714) 847-3581 FAX (714) 841 -4660 May 28, 2009 Mr Bob Wingenroth Director of Finance City of Huntington Beach 2000 Main Street Huntington Beach, California 92647 RE 2009 Solid Waste Disposal Rate Certification Dear Mr Wmgenroth As required by our Solid Waste Collection and Recycling Franchise, we submit an annual Solid Waste Disposal Rate Certification to the finance department for the establishment of the solid waste rates for the upcoming fiscal year That letter dated May 4, 2009 has been delivered to you As you know this year is unusual because the rate formula yields a$ 29 per month rate reduction for residential customers and a 4 866%rate reduction for commercial customers as it applies to the waste collection component of the rate Next year we are faced with a substantial reversal of this situation with a calculated$ 82 per month increase for residential customers and a corresponding 5 782%rate increase for commercial customers due to the scheduled landfill rate increase from $22 per ton to $29 95 per ton when applying the rate formula These calculations do not include the CPI or fuel cost components Accordingly the actual 2010 rate adjustment could be substantially higher when complete Rainbow has requested that the rate reduction calculated for the 2009 - 2010 for both the residential rates and commercial rates be deferred and reexamined with the 2010—2011 rate calculation The 2010—2011 rate calculation would then take into account this year's deferral when that rate is ultimately determined If you have any questions, please feel free to call Sincerely, 4 Bruce Shuman President/CEO cc Ron Shenkman Debra Jubinsky, Public Works PRINTED ON RECYCLED PAPER 6 ATTACHMENT #2 EXHIBIT A RAINBOW DISPOSAL COMMERCIAL SERVICE RATES CITY OF HUNTINGTON BEACH, EFFECTIVE JULY 1, 2009 Standard Service (shown in dollars per month) * Bin Size 1 Cubic Yard 2 Cubic Yard 3 Cubic Yard Pickups 1 x Week $ 71 14 $116 18 $147 19 Per Week 2 x Week $112 83 $169 01 $225 09 3 x Week $142 70 $215 28 $309 74 4 x Week $158 87 $254 95 $369 83 5 x Week $186 82 $314 28 $472 63 6 x Week $216 65 $362 22 $553 76 *Contractor may make extra charges for special or additional services in accordance with Section 8 21 170 (b) of the Huntington Beach Municipal Code Compacted Service (3 Cubic Yard Only Add 25% for 4 Cubic Yard) (Pickups per week shown over Cost per month) 1 x Week 2 x Week 3 x Week 4 x Week 5 x Week 6 x Week $298 25 $458 95 $636 85 $765 31 $977 27 $1146 00 Temporary Service Service Size Service Time Service Rate 3 Cu Yd Rent-A-Bin Two (2) days $ 55 36 per load 3 Cu Yd Rent-A-Bin Weekend $ 68 24 per load 40 Yard Drop Off Box* Four (4) days $ 403 09 per load 10 Yard Drop Off Box** Four (4) days $ 423 35 per load *Highside (6 tons max ) **Lowside (8 tons max ) Any container that exceeds these tonnage limitations is subject to additional dump fees and the customer may have to order an additional container to comply with State of California weight limitation laws (Extra days for 40 and 10-yard DOB's are $15 00 each ) RCA ROUTING SHEET INITIATING DEPARTMENT Public Works SUBJECT Annual Refuse Rate Review COUNCIL MEETING DATE June 15 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases Third Party Agreements etc Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the Clty Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted over $5 000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR A , DED Administrative Staff ( ) ( ) Deputy City Administrator (Initial) ( ) ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use RCA Author Jubinsky jg Council/Agency Meeting Held Deferred/Continued to l Appr ve ❑ Conditionally Approved ❑ Denied L�Cl CI k s Si ature Council Meeting Date 6/16/2008 Department ID Number PW 08 37 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS' SUBMITTED BY PAUL EMERY INTERIM CITY ADMINISTRATOR PREPARED BY TRAVIS K HOPKINS PE DIRECTOR PUBLIC WO KS SUBJECT Review Annual Refuse Rate Report Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue The Refuse Collection and Disposal Services Franchise Agreement with Rainbow Disposal Company Inc requires an annual review and adjustment of residential refuse collection rates No change to the residential rate is proposed through June 2009 Commercial refuse rates are included as an information item Funding Source No funding is required for the recommended action Recommended Action Motion to Maintain the existing residential refuse rate of $0 6122 per unit per day (approximately $18 62 per month) for the period from July 1 2008 through June 30 2009 and Receive and file rate sheet for Commercial Solid Waste Disposal Service effective July 1 2008 Alternative Action(s) Deny the recommended action and direct staff as to how to proceed REQUEST FOR CITY COUNCIL ACTION MEETING DATE 6/16/2008 DEPARTMENT ID NUMBER PW 08-37 Analysis The existing Refuse Collection and Disposal Services Franchise Agreement (Franchise Agreement) with Rainbow Disposal Company (Rainbow) stipulates an annual review of the residential service rate A change in compensation for each contract year (July 1 to June 30) is determined by a formula with three variables The variables and their weighting factors are the Los Angeles-Anaheim-Riverside All Urban Consumer Price Index for March (76%) the County of Orange Landfill Tipping Fee (16%) and the local average price of diesel fuel in March (8%) Per the existing agreement with County of Orange landfill fees remain constant at $22 00 per ton The March 2008 CPI shows an increase of 3 28% over March 2007 and diesel fuel costs have increased 43 02% for the same period Per the contracted formula the rate increase due Rainbow effective July 1 2008 is 5 936% (Attachment 1) In anticipation of Rainbows transition to CNG fuel for its residential fleet the franchise agreement provides for the establishment of a baseline cost for CNG to be used in calculating the residential rate and discontinuance of the use of diesel fuel costs in calculating the residential rate The residential fleet at Rainbow Disposal was in transition from diesel to CNG through third quarter 2007 The fueling infrastructure at Rainbow is not yet completely operational therefore sufficient cost data does not exist from 2007 to 2008 to establish the CNG baseline for the purpose of this rate review A residential rate change cannot be accurately calculated with the contracted formula when the baseline cost of CNG is undetermined A formula calculation using only CPI and assuming fuels unchanged would result in a 2 49% increase or $0 35 per unit per month However due to the fact that the change in Rainbow's cost of CNG fuel is not established and cannot be assumed to be zero percent or greater Rainbow has proposed that the residential rate shall remain unchanged from July 1 2008 through June 30 2009 The Franchise Agreement specifies that rates for commercial service drop-off boxes and rent-a-bins adjust annually by the same formula calculation of 5 936% as described above The Commercial Service Rates effective July 1 2008 are presented as an information item (Attachment 2) This document will become the new Exhibit A of the Franchise Agreement Commercial fees are collected by Rainbow through direct arrangement with the customer and are not processed by the City 2 6/3/2008 10 57 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE 6/16/2008 DEPARTMENT ID NUMBER PW 08-37 Public Works Commission Action Not required Strategic Plan Goal C-2 Provide quality public services to meet community expectations and needs Environmental Status Not applicable Attachment(s) 1 2008 Solid Waste Disposal Rate Certification Letter dated May 20 2008 and Addendum to the Letter dated May 21 2008 2 Rainbow Disposal Commercial Service Rates Effective July 1 2008 3 6/3/2008 10 59 AM ATTACHMENT # 1 DDSPOSAL CO , INC PO BOX 1026 o HUNTINGTON BEACH, CA 92647-1026 o (714) 847-3581 FAX (714) 841 -4660 May 20 2008 Mr Dan Villella CPA Director of Finance City of Huntington Beach 2000 Main Street Huntington Beach California 92647 RE 2008 Solid Waste Disposal Rate Certification Below is the 2008-2009 Refuse Rate calculation for the City of Huntington Beach residential and commercial solid waste collection provided by Rainbow Disposal Co Inc The rate calculated utilized the formula as specified in sections 11 and 12 as amended of the Refuse Collection and Disposal Services Franchise Agreement (the Agreement) between the City of Huntington Beach and Rainbow Disposal Co Inc Rainbow Disposal Co Inc City of Huntington Beach Residential Rate Formula Data Items Dump Fuel CPI Fee$/ton Price$/Gal 2005 1992 2200 2006 2085 2200 2007 2165 2200 2008 2236 2200 Percentage Change CPI Dump Fee Fuel Price 3280/ 000/ 000/ Application of Weighting Percentage CPI Dump Fee Fuel Price Total Weighting Factor 76/ 16/ 8/0 100/ Resultant Rate Change Factor 2 494/ 0 000/ 0 000/0 2 494/ Application of Rate Change Factor to the Residential Rate Existing Percent Rate New Rate Change Change Rate Refuse Rate $ 1422 2 494/0 035 $ 1457 MRF Rate 300 0 000/ 300 Total Rainbow Rate 1722 1757 City Administrative Fee 1 40 1 40 Total Residential Rate $ 1862 $ 1897 PRINTED ON RECYCLED PAPER c^'s Mr Dan Villela CPA Director of Finance City of Huntington Beach May 20 2008 Page 2 of 3 Rainbow Disposal Co Inc City of Huntington Beach Commercial Rate Formula Data Items Dump Fuel CPI Fee$/ton Price$/Gal 2005 19920 2200 232 2006 20850 2200 264 2007 21650 2200 270 2008 22361 2200 387 Percentage Change CPI Dump Fee Fuel Price 3 28°/ 0 00% 43 02/ Application of Weighting Percentage CPI Dump Fee Fuel Price Total Weighting Factor 76/6 16/6 8% 100/o Resultant Rate Change Factor 2 494% 0 000% 3 442% 5 936/o Commercial Refuse Rate Change Percentage 5 936% Existing Percent New Rate Change Rate City Service Cost Cap $ 897 018 5 936/o $ 950 268 Supporting documents including CPI report fuel bills and commercial rate schedules are attached The residential rate schedule for this year does not show the affect of the CNG as the baseline rate is being established Subsequent year rate calculations will be based on net changes from year to year once the baseline is established The commercial rate schedule reflects the franchise fee rate 5% of gross refuse collection receipts CERTIFICATION The foregoing is complete and accurate to the best of my knowledge e -, Bruce Shuman CPA Chief Executive Officer Rainbow Disposal Co Inc PRINTED ON RECYCLED PAPER c'S Mr Dan Villela CPA Director of Finance City of Huntington Beach May 20 2008 Page 3 of 3 ACKNOWLEDGEMENT Rofy6a� Dan Villella CPA Director of Finance City of Huntington Beach PRINTED ON RECYCLED PAPER c'S v DISPOSAL CO , INC PO BOX 1026 - HUNTINGTON BEACH, CA 92647-1026 o (714) 847 3581 FAX (714) 841 -4660 May 21, 2008 Mr Dan Villella, CPA Director of Finance City of Huntington Beach 2000 Main Street Huntington Beach, California 92647 RE 2008 Solid Waste Disposal Rate Certification As an addendum to our letter to you dated May 20, 2008, we are providing you with an updated rate increase schedule Please notice that the new schedule represents a complete abeyance of the formula increase of $ 35 per household to $0 per household For the second year in a row Rainbow Disposal Co , Inc is pleased to freeze the residential rate at $14 22 per month This reflects a total of$ 79 per month rate savings over the past two years This equates to an annual rate savings of$9 48 per ratepayer The remainder of the components of the certificate letter is unchanged Existing Refuse Zero Rate New Refuse Rate Change Rate 14 22 S-0 1422, If you have any questions,please feel free to call Smcerel , JL- Bruce Shuman CPA Chief Executive Officer Cc Debra Jubmsky PRINTED ON RECYCLED PAPER i^a ATTACHMENT #2 EXHIBIT A RAINBOW DISPOSAL COMMERCIAL SERVICE RATES CITY OF HUNTINGTON BEACH, EFFECTIVE JULY 1, 2008 Standard Service (shown in dollars per month) * Bin Size 1 Cubic Yard 2 Cubic Yard 3 Cubic Yard Pickups 1 x Week $ 71 14 $116 18 $147 19 Per Week 2 x Week $112 83 $169 01 $225 09 3 x Week $142 70 $215 28 $309 74 4 x Week $158 87 $254 95 $369 83 5 x Week $186 82 $314 28 $472 63 6 x Week $216 65 $362 22 $553 76 *Contractor may make extra charges for special or additional services in accordance with Section 8 21 170 (b) of the Huntington Beach Municipal Code Compacted Service (3 Cubic Yard Only Add 25% for 4 Cubic Yard) (Pickups per week shown over Cost per month) 1 x Week 2 x Week 3 x Week 4 x Week 5 x Week 6 x Week $298 25 $458 95 $636 85 $765 31 $977 27 $1146 00 Temporary Service Service Size Service Time Service Rate 3 Cu Yd Rent-A-Bin Two (2) days $ 55 36 per load 3 Cu Yd Rent-A-Bin Weekend $ 68 24 per load 40 Yard Drop Off Box* Four (4) days $ 403 09 per load 10 Yard Drop Off Box ** Four (4) Days $ 423 35 per load *Highside (6 tons max ) **Lowside (8 tons max ) Any container that exceeds these tonnage limitations is subject to additional dump fees and the customer may have to order an additional container to comply with State of California weight limitation laws (Extra days for 40 and 10-yard DOB s are $15 00 each ) CA ROUTING SHEET INITIATING DEPARTMENT Public Works SUBJECT Receive Annual Refuse Rate Report COUNCIL MEETING DATE June 16 2008 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the Clty Attorney) Not Applicable Subleases Third Party Agreements etc Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted over $5 000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPILANATIOH FOR NS SNG ATTACHMENTS REVIEWED RETURNED FOR A�tDED Administrative Staff Deputy City Administrator (Initial) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM RCA Author D Jubinsky Council/Agency Meeting Held /Op , 0 Deferred/Continued to XApp oved ❑ Conditionally Approved ❑ Denied Ity �)dk s gnatu e -D- Council Meeting Date 6/18/2007 Department ID Number PW 07-035 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CIT"FT' COUNCIL MEMBERS SUBMITTED BY P ELOP CULBRETH-GA CITY MINISTRA O PREPARED BY ROBERT F BEARDSLEY, PE DIRE TOR OF PUBLIC WORK SUBJECT Receive Annual Refuse Rate Report Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue The Refuse Collection and Disposal Services Franchise Agreement with Rainbow Disposal Company Inc requires an annual review and adjustment of residential refuse collection rates No change is proposed through June 2008 Commercial refuse rates are included as an information item Funding Source No funding is required for the recommended action Recommended Action Motion to Maintain the existing residential refuse rate of $0 6122 per unit per day (approximately $18 62 per month) for the period from July 1, 2007 through June 30, 2008 Alternative Action(s) Deny the recommended action and direct staff on how to proceed REQUEST FOR CITY COUNCIL ACTION MEETING DATE 6/18/2007 DEPARTMENT ID NUMBER PW 07-035 Analysis The existing Refuse Collection and Disposal Services Franchise Agreement (Franchise Agreement) with Rainbow stipulates an annual review of the residential service rate A change in compensation for each contract year (July 1 to June 30) is determined by a formula with three variables The variables and their weighting factors are the Los Angeles- Anaheim-Riverside All Urban Consumer Price Index for March (76%) the County of Orange Landfill Tipping Fee (16%) and the local average price of diesel fuel in March (8%) Per the existing agreement with County of Orange landfill fees remain constant at $22 00 per ton The March 2007 CPI shows an increase of 3 84% over March 2006 and diesel fuel costs have increased 2 42% for the same period In accordance with the contracted formula the rate increase due Rainbow effective July 1 2007 is 3 110% or $0 44 per residential unit per month (Attachment 1) Due to its commitment to our residents during the transition to automated trash collection and curbside recycling, Rainbow submitted an addendum to the 2007 Rate Certification Letter waiving the entire rate increase despite increased costs This reduction if accepted by City Council, represents a savings to the ratepayers of$0 44 per residential unit per month The Franchise Agreement specifies that rates for commercial service, drop-off boxes and rent-a-bins adjust annually by the same formula calculation of 3 110% as described above The Commercial Service Rates effective July 1, 2007 are presented as an information item (Attachment 2) This document will become the new Exhibit A of the Franchise Agreement Commercial fees are collected by Rainbow through direct arrangement with the customer and are not processed by the City Strategic Plan Goal C-2 Provide quality public services to meet community expectations and needs Public Works Commission Action Not required Environmental Status Not applicable Attachments) NumberPage G. Description 1 2007 Solid Waste Disposal Rate Certification Letter dated May 2 2007 and Addendum to the Letter dated May 30 2007 2 Rainbow Disposal Commercial Service Rates Effective July 1 2007 2 6/5/2007 2 41 PM ATTACHMENT # 1 DISPOSAL CO , INC PO BOX 1026 • HUNTINGTON BEACH, CA92647 1026 (714) 847 3581 FAX (714) 841 -4660 May 2 2007 Mr Dan Villella CPA Director of Finance City of Huntington Beach 2000 Main Street Huntington Beach California 92647 RE 2007 Solid Waste Disposal Rate Certification Below is the 2007-2008 Refuse Rate calculation for the City of Huntington Beach residential and commercial solid waste collection provided by Rainbow Disposal Co Inc The rate calculated utilized the formula as specified in sections 11 and 12 as amended of the Refuse Collection and Disposal Services Franchise Agreement (the Agreement) between the City of Huntington Beach and Rainbow Disposal Co Inc Data Items Dump Fuel CPI Fee$/ton Price$/Gal 2004 191 5 2200 1 712 2005 1992 2200 2 317 2006 2085 2200 2 640 2007 2165 2200 2 704 Percentage Change CPI Dump Fee Fuel Price 3 84% 0 00% 2 42- Application of Weighting Percentage CPI Dump Fee Fuel Price Total Weighting Factor 76% 16% 8% 100% Resultant Rate Change Factor 2 916% 0 000% 0 193% 3 110% Application of Rate Change Factor to the Residential Rate Existing Percent Rate New Rate Change Change Rate Refuse Rate $ 1422 3 110% 044 $ 1466 MRF Rate 300 0 000% 300 Total Rainbow Rate 1722 1766 City Administrative Fee 140 140 Total Residential Rate $ 1862 $ 1906 Commercial Refuse Rate Change Percentage 3 110% Existing Percent New Rate Change Rate City Service Cost Cap $ 869 966 3 110% $ 897 018 PRINTED ON RECYCLED PAPER c� Mr Dan Villela CPA Director of Finance City of Huntington Beach May 2 2007 Page 2 of 2 Supporting documents including CPI report fuel bills and commercial rate schedules are attached The commercial rate schedule reflects the franchise fee rate 5% of gross refuse collection receipts The CNG Fuel Station is not yet operational accordingly we are unable to establish the baseline comparison of CNG to Diesel fuel at this time CERTIFICATION The foregoing is complete and accurate to the best of my knowledge Bruce Shuman CPA Chief Executive Officer Rainbow Disposal Co Inc ACKNOWLEDGEMENT Dan Villella CPA Director of Finance City of Huntington Beach PRINTED ON RECYCLED PAPER cS Qa DISPOSAL CO , INC PO BOX 1026 • HUNTINGTON BEACH, CA 92647-1026 • (714) 847 3581 FAX (714) 841-4660 May 30 2006 Mr Dan Villella, CPA Director of Finance City of Huntington Beach 2000 Main Street Huntington Beach, California 92647 RE 2007 Solid Waste Disposal Rate Certification As an addendum to our letter to you dated May 2, 2007 we are providing you with an updated rate increase schedule Please notice that the new schedule represents a complete abeyance of the formula increase of $ 44 per household to $0 per household We are pleased to offer this reduced rate increase to residential customers The remainder of the components of the certificate letter is unchanged Existing Refuse Reduced Rate New Refuse Rate Change Rate 14 42 $0 14 42 If you have any questions please feel free to call Sincerely, / -, 'X Bruce Shuman CPA Chief Executive Officer Cc Debra Jubinsky PRINTED ON RECYCLED PAPER c's ATTACHMENT #2 City of Huntington Beach Commercial Service Rates Effective 711/07 Basic Franchise State Total Service Fee Recycling Fee 1 Yard 1 X Per Week 61 56 308 266 6730 2 X Per Week 9658 483 540 10681 3 X Per Week 12097 605 814 13516 4 X Per Week 13301 665 1092 15058 5 X Per Week 15568 778 1366 17712 6 X Per Week 18001 900 1642 20543 2 Yard 1 X Per Week 10022 501 470 10993 2 X Per Week 14365 718 922 16005 3 X Per Week 18007 900 1498 20405 4 X Per Week 211 18 1056 2004 241 78 5 X Per Week 26003 1300 2504 29807 6 X Per Week 29860 1493 3008 34361 3 Yard 1 X Per Week 12809 640 471 13921 2 X Per Week 19292 965 1050 21307 3 X Per Week 25999 1300 2054 29353 4 X Per Week 30539 1527 3014 35079 5 X Per Week 391 03 1955 3768 44826 6 X Per Week 45718 2286 4522 52526 3 Yard Compactor 1 X Per Week 26813 1341 281 53 2 X Per Week 41260 2063 43323 3 X Per Week 57254 2863 601 17 4 X Per Week 68802 3440 72242 5 X Per Week 87858 4393 92251 6 X Per Week 1 030 27 51 51 1 081 78 Basic Franchise State Total Service Fee Recycling Fee 40 Yd DOB (4) 38800 38800 10 Yd DOB(4) 40900 40900 RAB Weekday 5200 5200 RAB Weekend 64 00 6400 RCA ROUTING SHEET INITIATING DEPARTMENT Public works SUBJECT Review Residential and Commercial Refuse Rates COUNCIL MEETING DATE June 18 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map Location Map and/or other Exhibits Attached ENVI Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed In full by the City Attorney) Not Applicable Subleases Third Party Agreements etc Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the CltyAttorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted over $5 000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR KISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) Deputy City Administrator (Initial) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM Wre• • RCA Author Jubinsky jg �9C,6 206611AY 24 NJ 6 56 _ `s -Ls ; t ",IT Y 0- lib ' ,jTO i A C H Council/Agency Meeting Held a O Deferred/Continued to Approved ❑ Conditionally Approved ❑ Denied C y lerk ignatu Council Meeting Date 6/5/2006 Departme ID Number PW 06-034 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO HONORABLE YAY9R AND C Y COUNCIL MEMBERS SUBMITTED BY P NELOPE CULBRETH-GRAF CITY DMINISTRA OR PREPARED BY ROBERT F BEARDSLEY PE/DIRECTOR OF PUBLI�CO RKS SUBJECT Adopt Resolution Establishing 2006/07 Residential Refuse Rate Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue The Refuse Collection and Disposal Services Franchise Agreement with Rainbow Disposal Co Inc (Rainbow) requires an annual review of its residential collection rates Adjustments to the residential curbside contracted rate is made in accordance with this review and with the formula established in the Franchise Agreement City ordinance requires City Council adoption of a resolution to implement the new rate with the residential customers Funding Source Effective July 1 2006 pursuant to the formula calculations of Attachment 2 the City will be contractually obligated to pay Rainbow a rate increase of $0 64 per residential unit per month via Refuse Fund (50400504) revenue collected from the residential refuse customers Rainbow has requested that the increase be reduced by $0 20 to effect an increase of $0 44 per customer If the new residential rate is implemented the contract rate increase will have no net impact on the Refuse Fund Recommended Action Motion to Adopt Resolution No c-A006 — c�c;� a Resolution of the City Council of the City of Huntington Beach Establishing Residential Curbside Refuse Collection Rates Alternative Action(s) Deny the recommended action to increase the residential refuse rate and direct staff to subsidize residential refuse collection service in the amount of $0 44 per unit per month from alternate City funds REQUEST FOR ACTION MEETING DATE 6/5/2006 DEPARTMENT ID NUMBER PW 06-034 Analysis The existing Refuse Collection and Disposal Services Franchise Agreement (Franchise Agreement) with Rainbow stipulates an annual review of the residential service rate A change in compensation for each contract year (July 1 to June 30) is determined by a formula with three variables The variables and their weighting factors (noted in parentheses) are the Los Angeles-Riverside-Orange County Consumer Price Index (CPI) for March (76%) the County of Orange Landfill Tipping Fee (16%) and the local average price of diesel fuel in March (8%) Landfill fees remain constant at $22 00 per ton The March 2006 CPI shows an increase of 4 67% over March 2005 and diesel fuel costs have increased 13 94% for the same period In accordance with the contracted formula the rate increase due Rainbow effective July 1 2006 is 4 664% or $0 64 per residential unit per month (Attachment 2) Rainbow submitted an addendum to Attachment 2 extending a reduction in this rate increase to residential customers due to economic conditions within the community This reduction if accepted by City Council represents a savings to the ratepayers of $0 20 per residential unit per month The table below shows the distribution of the new rate assuming the $0 44 increase 2005 Rate 2000 Rate Differenct Refuse Collection and Disposal to Rainbow $13 78 $14 22 $0 44 Materials Recovery Facility to Rainbow $3 00 $3 00 000 AB939 Education Fund to City) $0 15 $0 15 000 City Administrative Costs to City) $1 25 $1 251 0 00 TOTAL $18 18 $18 62 $0 44 The proposed rate increases the residential refuse charge by $0 44 per unit per month The daily refuse rate shown on the municipal services bill will be $0 6122 The new rate will be effective for all services rendered after June 30 2006 Rates for commercial service drop-off and rent-a-bin were increased by the formula calculation of 4 664% as detailed in the Franchise Agreement The July 1 2006 Commercial Refuse Rate is presented as an information item (Attachment 3) This document will become the new Exhibit A of the Franchise Agreement Commercial fees are collected directly by Rainbow and are not under the purview of the City G\R C A\2006\06 034 June 5 Jubmsky(Residential Refuse Rate)doc 2 5/23/2006 8 12 AM REQUEST FOR ACTION MEETING DATE 6/5/2006 DEPARTMENT ID NUMBER PW 06-034 Public Works Commission Action Not required Environmental Status Not applicable AttachmentsC,ity Clerk's Pagis NumberNo, Descriptiori 1 Resolution No CA006 - 2 2006 Solid Waste Disposal Rate Certification Letter dated May 2 2006 and Addendum to the Letter dated May 11 2006 3 Rainbow Disposal Commercial Service Rates Effective July 1 2006 G\R C A\2006\06 034 June 5 Jubinsky(Residential Refuse Rate)doc 3 5/23/2006 8 12 AM ATTACHMENT # 1 RESOLUTION NO 2006-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING RESIDENTIAL CURBSIDE REFUSE COLLECTION RATES WHEREAS pursuant to Huntington Beach Municipal Code Section 8 21030, the City Council shall establish rates for curbside residential collection service maintaining"basic level of service' as defined in the Huntington Beach Municipal Code Section 8 21 010 (u) and (b) respectively NOW THEREFORE the City Council of the City of Huntington Beach does hereby resolve as follows 1 That the monthly rate for curbside residential refuse collection for basic level of service shall be $18 62 for each single-family residence and each dwelling unit within a duplex a triplex or a four-plex receiving noncommercial refuse collection service This equates to a daily rate of$0 6122 This increase shall take effect on all billings dated after July 1,2006 prorated for service from and after July 1 2006 2 That this charge for residential curbside collection will be combined with the residential water billing process PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 51-h day of jime , 2006 Mayor REVIEWED AND APPROV APPROVED AS TO FORM City Ad mistrator ity At torn y TED AND APPROVED Director of Public Works O-)reso/refuse rate Res No 2006-22 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I JOAN L FLYNN the duly elected qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of said City do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the Sth day of June, 2006 by the following vote AYES Bohr Green Coerper Sullivan Hardy Hansen Cook NOES None ABSENT None ABSTAIN None City Jerk and ex-officio rk of the City Council of the City of Huntington Beach California ATTACHMENT #2 6 DISPOSAL CO INC PO BOX 1026 . HUNTINGTON BEACH, CA 92647-1026 ® (714) 847-3581 FAX (714) 841 -4660 May 2 2006 Mr Dan Villella CPA Director of Finance City of Huntington Beach 2000 Main Street Huntington Beach California 92647 RE 2006 Solid Waste Disposal Rate Certification Below is the 2006-2007 Refuse Rate calculation for the City of Huntington Beach residential and commercial solid waste collection provided by Rainbow Disposal Co Inc The rate calculated utilized the formula as specified in sections 11 and 12 as amended of the Refuse Collection and Disposal Services Franchise Agreement (the Agreement) between the City of Huntington Beach and Rainbow Disposal Co Inc Data Items Dump Fuel CPI Fee$/ton Price$/Gal 2003 1876 2200 1 388 2003 March CPI 1882 2200 1 388 2004 191 5 2200 1 712 2005 1992 2200 2 317 2006 2085 2200 2 640 Percentage Change CPI Dump Fee Fuel Price 467/ 000/ 13940/ Application of Weighting Percentage CPI Dump Fee Fuel Price Total Weighting Factor 76/ 160/ 80/ 100/ Resultant Rate Change Factor 3 548/o 0 000% 1 115/ 4 664/o Application of Rate Change Factor to the Residential Rate Existing Percent Rate New Rate Change Change Rate Refuse Rate $ 1378 4 664/o 064 $ 1442 MRF Rate 300 0 000/0 300 Total Rainbow Rate 1678 1742 City Administrative Fee 140 1 40 Total Residential Rate $ 1818 $ 1882 Commercial Refuse Rate Change Percentage 4 664°/ Existing Percent New Rate Change Rate City Service Cost Cap $ 802 539 4 664/o $ 839 966 Add Permanent Dwntwn Cans 30 000 $ 869 966 PRINTED ON RECYCLED PAPER c� Mr Dan Villella CPA Director of Finance City of Huntington Beach May 2 2006 Page 2 of 2 Supporting documents including CPI report fuel bills and commercial rate schedules are attached The commercial rate schedule reflects the franchise fee rate 5% of gross refuse collection receipts CERTIFICATION The foregoing is com lete and accurate to the best of my knowledge Bruce Shuman CPA Chief Executive Officer Rainbow Disposal Co Inc ACKNOWLEDGEMENT � �7 4e�,�z Dan Villella CPA Director of Finance City of Huntington Beach PRINTED ON RECYCLED PAPER t.S c^a DISPOSAL CO INC P O BOX 1026 • HUNTINGTON BEACH, CA 92647-1026 • (714) 847-3581 FAX (714) 841-4660 May 11, 2006 Mr Dan Villella CPA Director of Finance City of Huntington Beach 2000 Main Street Huntington Beach, California 92647 RE 2006 Solid Waste Disposal Rate Certification As an addendum to our letter to you dated May 2 2006, we are providing you with an updated rate increase schedule Please notice that the new schedule represents a reduction from the formula increase of$ 64 per household to $ 44 per household We are pleased to offer this reduced rate increase to residential customers The remainder of the components of the certificate letter is unchanged Existing Refuse Reduced Rate New Refuse Rate _ ! C_liange Rate $ 1� 78 s 44 $ 14 22 If you have any questions please feel free to c ill Sincerely, -,0e --'9k Bruce Shuman, CPA Chief Executive Officer Cc Debra Jubinsky PRINTED ON RECYCLED PAPER a ATTACHMENT #3 EXHIBIT A RAINBOW DISPOSAL COMMERCIAL SERVICE RATES CITY OF HUNTINGTON BEACH, EFFECTIVE JULY 1, 2006 Standard Service (shown in dollars per month) * Bin Size 1 Cubic Yard 2 Cubic Yard 3 Cubic Yard Pickups 1 x Week $ 6535 $106 76 $135 15 Per Week 2 x Week $103 75 $155 50 $206 96 3 x Week $131 33 $198 35 $285 30 4 x Week $146 37 $235 09 $341 12 5 x Week $172 19 $289 84 $435 88 6 x Week $199 73 $334 16 $510 79 *Contractor may make extra charges for special or additional services in accordance with Section 8 21 170 (b) of the Huntington Beach Municipal Code Compacted Service (3 Cubic Yard Only Add 25% for 4 Cubic Yard) (Pickups per week shown over Cost per month) 1 x Week 2 x Week 3 x Week 4 x Week 5 x Week 6 x Week $273 04 $420 17 $583 04 $700 64 $894 69 $1 04916 Temporary Service Service Size Service Time Service Rate 3 Cu Yd Rent-A-Bin Two (2) days $ 51 00 per load 3 Cu Yd Rent-A-Bin Weekend $ 62 00 per load 40 Yard Drop Off Box* Four (4) days $ 380 00 per load 10 Yard Drop Off Box ** Four (4) Days $ 402 00 per load *Highside (6 tons max ) **Lowside (8 tons max ) Any container that exceeds these tonnage limitations is subject to additional dump fees and the customer may have to order an additional container to comply with State of California weight limitation laws (Extra days for 40 and 10-yard DOB s are $15 00 each ) RCA ROUTING SH ET INITIATING DEPARTMENT Public Works SUBJECT Adopt Resolution Establishing 2006/07 Residential Refuse Rate COUNCIL MEETING DATE June 5, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map Location Map and/or other Exhibits Attached ❑ Not Applicable Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the Clty Attorney) Attached ❑ Subleases Third Party Agreements etc Not Applicable (Approved as to form by City Attorney) Certificates of Insurance (Approved b the City Attorne Attached ❑ ( Inln Y Y Y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget over $5 000) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable Attached ❑ Staff Report (If applicable) Not Applicable Attached ❑ Commission Board or Committee Report (If applicable) Not Applicable Attached ❑ Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator(Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM (Below Space Fqr Ci(y Clerk's Use • RCA Author 2605 JUNI 21 c r�v (*1 IT ci. �n-,I /= Calm M C-0200 Council/Agency Meeting Held: �A/b/. I Deferred/Continued toAnP )kApprove Ll Conditionally Approved LJ Denied CAP��ity r s gneitu Council Meeting Date: 7/3/2006 Department l"umber: PW 06-041 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENEL 1,A68PEE CUL43 RETH-G RAFT, IDPA IT ADMINISTRATOR '--j Lg��RKS PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR O*U2 SUBJECT: Approve Revised and Restated Franchise Agreement with Rainbow Disposal and Rainbow Transfer and Recycling Companies, for Solid Waste and Recyclables Collection Automation and Materials Recovery Facility Upgrade and Modernization Statement of Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) .Statement of Issue: Rainbow Disposal has requested certain changes to its current franchise agreement so that it may make financial commitments to modernize its Materials Recovery Facility (MRF) at 17121 Nichols Street, Huntington Beach; purchase new, low- emission fueled collection vehicles; and develop and implement a program to collect the City's residential refuse and recyclables, using automated equipment. These changes will necessitate a major monetary investment by the company and will necessitate an intensive customer outreach effort for residents to select and familiarize themselves with the new containers to be provided by Rainbow. Fundinq Source: There are no costs to the City as a result of the proposed changes to the current franchise agreement. Recommended Action: Motion to: Adopt Ordinance No. Attachment 1), approving An Ordinance of the City of Huntington Beach Granting to Rain ow Disposal and Rainbow Transfer and Recycling Companies a Franchise to Collect Refuse, per the terms and conditions in the franchise agreement (Exhibit A of Attachment 1) and as outlined in this staff report. Alternative Action: Do not adopt the ordinance enacting the revised and restated franchise agreement and continue with the current collection methods with Rainbow Disposal under the terms and conditions of the existing franchise agreement. Laoo, 4 a PROOF OF PUBLICATION STATE OF CALIFORNIA) ss. COUNTY OF ORANGE cRroF . . HUNTINGTON BEACH LEGAL NOTICE j /-� ORDINANCE NO 3744 l am a Citizen of the United States and a Adopted n the Ciry Council on DULY ti7; resident-of-the .County-..aforesaid;-I-am,— : 2006 �� _ - -' "AMORDINANCE'OF'THE= over the age of eighteen years, and not a I CITY NT ' BEACHH GRANTING TO, party to or interested in the below entitled RAINBOW DI RAINBOW TTRANSFRANSFERER. AND RECYCLING— matter. F am a principal clerk of 'the COMPANIES A HUNTINGTON BEACH `INDEPENDENT FRANCHI3FTOCOLLECT REFUSE - t SYNOPSIS: RAINBOW 'DISPOSAL a newspaper of general circulation, REQUESTED CERTAIN printed and published in -the City of CHANGES TO ITS` E RENT FRANCHISE j AGREEMENT SO THAT IT ' Huntington, Beach County g of Orange, COULD MAKE FINANCIAL 9 �Jr COMMITMENTS TO MOD State of California and that attached ERNIZE ITS MATERIALS RECOVERY FACILITY• (MRF) AT 17121;•NIGH Notice is a true and complete copy as OLS STREET, HUNTING , was . printed and published in the TON BEACH; PURCHASE ' NEW, LOW-EMISSION FUELED, COLLECTION F Huntington Beach issue of Said VEHICLES; AND DEVEL- OP AND.IMPLEMENT. A 'PROGRAM TO-COLLECT newspaper to wit the Issue(s)ssues) 011. ' . THE CITY'S RESIDENTIAL 'REFUSE AND RECY- CLABLES, USING AUTO MATED EQUIPMENT. THESE,-."CHANGES ,NE-' CESSITATED A MAJOR MONETARY,, INVEST", MENT BY THE COMPANY, i AND,WILL NECESSITATE AN,INTENSIVE CUSTOM., JULY 2 7/ 2 O O 6 ER, OUTREACH EFFORT, FOR RESIDENTS.TO. SE- - :LECT AND-FAMILIARIZE THEMSELVES',WITH THE, NEW -CONTAINERS •TO. BE'.PROVIDED BY'RAIN,- BOW. COPIES OF THIS OR I declare, under penalty of perjury, that ABLE E ARE AVAIL-' IN_ THE. 'CITY •. the foregoing is CLERKS OFFICE true and correct. PASSED N 0., , ADOPTED by thee 'City Council of the City of Huntington..Beach-at a Executed on JULY 2 7 2 0 0 6 regular.July 17, meeting held '2006 by the / following roll call vote, AYES. 'Bohr Green, ' at Costa Mesa, California. Coerper,Sullivan 'Hardy;Hansen,Cook' NOES: None, { ;.ABSENT: None'.,; days after adoption. .. CITY OF ` 1 HUNTINGTON BEACH 2000"MAIN STREET:" Signature , HUNTINGTON BEACHL!,' l CA,92648 714`-S36-5227 ']OAWL.FLYNN,,, CITY CLERK Published. Huntington - Beach-Independent July 7;2006 073-493 -. REQUEST FOR CITY COUNCIL ACTIONREQUEST FOR ACTION MEETING DATE: 7/3/2006 DEPARTMENT ID NUMBER: PW 06-041 Analysis: Basis for Rainbow's Request and Impact on City Rainbow Disposal needs to amend certain terms of its franchise contract with the City so that it can substantially change the manner in which it collects residential refuse, recyclables and "green waste." While this will necessitate some changes in how customers prepare and place their waste for collection, it is considered a significant enhancement and improvement over the current method of collection for a number of reasons: 1. The new franchise, with a guaranteed contract period, will enable Rainbow to commit to a major investment to change-out its fleet of trucks to accommodate the new collection method and, concurrently, specify low-emission fueled engines, thus complying with South Coast Air Quality Management District (SCAQMD) Rule 1193 that mandates refuse vehicles to convert from diesel-fueled engines to approved low-emissions fuels. 2. Standardization of containers will ensure a much more clean, neat and orderly collection process in the City's neighborhoods before, during and immediately after "trash days." 3. Residents will no longer have to purchase their own refuse containers or hand trucks to move them; and, as long as a customer doesn't intentionally damage the automated containers, Rainbow will replace them as necessary. 4. Rainbow has committed to personalized service in the transition to every resident who needs assistance with resolving special situations, issues or questions concerning placing or storing the automated containers or sorting their refuse. Company representatives have been analyzing every collection route to ensure a smooth transition. 5. Recycling will become a more "visible" activity with the residential customers, with very minimal effort needed on their part to dispose of residential waste into the separate containers. 6. The entire program will be implemented with no added cost to the customers and Rainbow has offered an array of additional incentives (described below) to the City as part of the transition to the new franchise. 7. Most importantly, the multiple containers, automated collection process has proven to be the most advanced method to optimize recycling and is used successfully in hundreds of cities throughout the nation. Even with Rainbow's current Materials Recovery Facility (MRF) that sorts virtually 100% of the City's residential trash, minimal source separation by customers will allow Rainbow to transition from a "dirty" MRF to a "clean" MRF. This will be critical as increasingly-stringent attainment goals are anticipated from the State Integrated Waste Management Board (IWMB) of up to 75% (from the current 50%) reduction in non-recycled trash tonnage. The individual items included in Rainbow's request, including the highlights of the amended program and the enhancements benefiting the City, all of which are enumerated below, are presented together as part of an indivisible agreement. In other words, if one or more terms are deemed unacceptable to Council prior to approval, then additional discussions between the parties may be necessary. GAR C A\2006\06-041 Jul 3 Beardsley-RainbowFranchise-RCA.doc -2- 6/19/2006 4:15 PM REQUEST FOR CITY COUNCIL ACTIONREQUEST FOR ACTION MEETING DATE: 7/3/2006 DEPARTMENT ID NUMBER: PW 06-041 Highlights of Amended Program 1. Continued weekly pickup of all refuse, including trash, recyclables and green waste. 2. Placement of waste into respective containers designated for trash, recyclables and green waste. The unlimited refuse allowance will no longer be offered; however, in nearly every case, this will be offset by (a) the ability of customers to obtain additional containers, (b) the expanded bulky item collection program, and (c) the exceptionally large capacity of the three automated containers per residence which, together, will provide the equivalent of nine (9) standard barrels. 3. Continued bulky item pickup program, with significantly expanded quantities of materials accepted and added times offered. 4. Continued handling and disposal of City's municipal refuse at no charge, subject to a maximum dollar allowance, escalating annually. 5. Continued 50% low-income, senior citizen subsidy (paid by City General Fund, not by customers). 6. Continued AB 939-required recycling educational program. 7. Easily-maneuvered, automated collection containers of three different sizes, with integrated wheels and lids, provided by Rainbow at no additional cost to residential customers. 8. Three-year moratorium prior to either party invoking the contract non-renewal process, which terminates the contract after 15 years. 9. Rainbow to be afforded a reasonable opportunity to cure any alleged default in performance before the City may cancel the contract for cause. 10. Annual rate adjustment formula for fuel to be adjusted for increases in prices for both diesel and low-emission fuels (anticipated to be compressed natural gas) as Rainbow transitions its fleet to alternative fuels. 11. Rainbow to continue paying the City a commercial franchise fee as a percentage of its paid transfer station receipts. Enhancements Benefiting City With New Program 1. Increase In Bulky Item Pickup Allowance The bulky item special collection program is offered currently to every residential customer twice per year for removal of one large item, without charge. Under the new proposal, Rainbow has offered to provide, without charge, special pickups four times per year, per customer, with up to ten large items (including bagged trash and bagged or bundled yard clippings) removed each time. 2. Additional Automated Collection Containers Any customer who has a demonstrated need for more than a single recyclable waste container or a single green waste container will be provided one, or both, of appropriate size for the customer's need, at no additional charge, as long as it is being used. An additional general refuse (trash) container will also be available; however, a trash GAR C A\2006\06-041 Jul 3 Beardsley-RainbowFranchise-RCA.doc -3- 6/19/2006 4:15 PM REQUEST FOR CITY COUNCIL ACTIONREQUEST FOR ACTION MEETING DATE: 7/3/2006 DEPARTMENT ID NUMBER: PW 06-041 container would be assessed an additional, one-time delivery and handling charge (initially $75), to be collected by Rainbow. 3. Additional Street Maintenance Reimbursement Rainbow currently pays the City a transfer station "host fee" of 1.25% of its paid transfer station receipts, specifically intended to offset incremental damage to the City's roadways from the heavy weight of its collection and transfer trucks. This amount currently approximates $267,000 annually. Because, with separate trucks for each of the three containers, there will be additional truck trips on the residential streets, Rainbow has offered to increase the host fee to 2.00%, thus increasing the street infrastructure maintenance revenue by approximately $160,000, for a total of approximately $427,000 annually, to be deposited into the Infrastructure Fund, Transfer Station Franchise account for City-wide street maintenance. 4. Additional Downtown Trash Container Collections Over the past several years, Rainbow has provided, without charge, additional weekend (Friday through Sunday) trash service in the Downtown Main Street area and vicinity, year around, to empty the public trash receptacles on the sidewalks. Rainbow's enhanced, donated service basically doubles the weekend daily pickups, from once daily to twice daily, in the off-season (November through April) and increases the weekend daily pickups by 50%, from twice daily to three times daily, in the peak season (May through October). Under the new franchise, Rainbow is offering to make this enhanced pickup schedule (Exhibit C of the franchise agreement) a permanent level of service. The payment for Downtown basic can service is incorporated into the City's municipal refuse allowance, at a flat-rate charge of $2 per can, including disposal costs, labor and equipment. The enhanced service will be offset by Rainbow increasing the City's municipal refuse allowance by $30,000, which will be more than sufficient to compensate for the additional charges. 5. Water Quality Grant Rainbow has offered to grant $150,000 annually to the City for programs and projects to help further the City's water quality compliance with the Federal Clean Water Act (N.P.D.E.S.) as a result of debris and similar environmental pollutants caused by the inevitable loss of some refuse during the collection process. This amount shall be adjusted annually with the CPI to account for inflation. 6. Materials Recovery Facility (MRF) Enhancements Rainbow currently operates a MRF that separates recyclable materials from virtually 100% of the waste stream. Some of the otherwise recyclable products, however, are lost due to contamination by non-recyclable residential waste. With the minimal separation of recyclable products at the customers' residences, the materials will be kept cleaner, recycling will be more efficient and the City's recycling tonnage will increase. Rainbow is planning a major investment in a new MRF to handle the cleaner materials and that facility will run in parallel with the current MRF. GAR C A\2006\06-041 Jul 3 Beardsley-Rai nbowF ranchise-RCA.doc -4- 6/19/2006 4:15 PM REQUEST FOR CITY COUNCIL ACTIONREQUEST FOR ACTION MEETING DATE: 7/3/2006 DEPARTMENT ID NUMBER: PW 06-041 7. Preparation for Increased AB 939 Compliance Standards Rainbow currently warrants that its MRF will perform in meeting the diversion quota established in the City's Integrated Waste Management Plan (IWMP), in conjunction with other waste diversion and reduction plans. With the new franchise, Rainbow will continue to obligate itself to meeting the same level of performance when and if the compliance rate increases to new compliance goals set by the State IWMB pursuant to the California Integrated Waste Management Act of 1989 (AB 939) and consistent with the limitations contained within Public Resources Code Section 40059.1. 8. Alternative Fuel Facility As Rainbow transitions its collection vehicle fleet to alternative, low-emission fuels (anticipated to be compressed natural gas [CNG]), it has offered to make the facility it plans to construct available to the City's vehicle fleet on an unlimited basis and to provide these alternative fuels to the City at a price equal to Rainbow's actual cost plus operational expenses. This is advantageous to the City as the facility would be in an ideally-close proximity to the City's Corporation Yard and would allow the City to avoid the substantial investment of constructing its own CNG facility necessitated by its own fleet fuel conversion program. 9. Scavenging Enforcement Rainbow has offered to reimburse the City $75,000 for employment of one full-time code enforcement employee (anticipated to be assigned to the Public Works Department), dedicated to monitoring the collection routes to ensure that illegal scavenging of pre-sorted recyclables does not occur. Salary and benefits for this employee would be reimbursed 100% and adjusted periodically, consistent with all other City employees' salaries and benefits. 10. Point of Sale In response to the City Treasurer's request, Rainbow has offered to submit necessary application materials for a Direct Payment Permit from the California Board of Equalization and designate the City of Huntington Beach as the point of sale for all purchases including, but not limited to, the purchase of construction goods and materials, to the extent permitted by law. This would enable substantial sales tax revenue to the City from the purchase of the high-cost, new collection equipment and other of Rainbow's major planned purchases. Municipal Code Changes Huntington Beach Municipal Code, Chapter 8.21 Refuse Management, will need to be presented for amendment consideration, in a public hearing, if the terms of the franchise are changed as recommended. The timing for this amendment would be such that its effective date would occur as the automated collection process is progressively implemented throughout the City, over an estimated six-month period. Since the initial start-up date is not anticipated to occur until mid-2007, the ordinance effecting the Code amendment will be held in abeyance until closer to that time. GAR C A\2006\06-041 Jul 3 Beardsley-RainbowFranchise-RCA.doc -5- 6/19/2006 4:15 PM REQUEST FOR CITY COUNCIL ACTIONREQUEST FOR ACTION MEETING DATE: 7/3/2006 DEPARTMENT ID NUMBER: PW 06-041 Miscellaneous Provisions Incidental to the program are a number of administrative matters that are most appropriately delegated to the Director, who may approve changes from time-to-time, as appropriate. These include such items as: *types of containers to be provided; *under what circumstances will the containers will be replaced; *what incidental charges will be made for damage due to containers misuse or abuse; *types of materials to be placed in each classification of container; and *situations determining when additional containers are necessary and at what cost to customers. The initial version of these Implementation and Administrative Regulations is included as Exhibit D of the franchise agreement. Environmental Status: Not applicable. Public Works Commission Action: Not required. Attachment(s): NumberCity Clerk's Page . Description 1. Ordinance No. 3 An Ordinance of the City of Huntington Beach Granting to Rainbow Disposal and Rainbow Transfer and Recycling Companies a Franchise to Collect Refuse 2. PowerPoint Presentation - Department of Public Works - Summary of Proposed Revisions to the Franchise Agreement with Rainbow Disposal and Rainbow Transfer & Recycling Companies - July 3, 2006 GAR C A\2006\06-041 Jul 3 Beardsley-RainbowFranchise-RCA.doc -6- 6/19/2006 4:15 PM ATTACHMENT # 1 �I ORDINANCE NO. 3744 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH GRANTING TO RAINBOW DISPOSAL AND RAINBOW TRANSFER AND RECYCLING COMPANIES A FRANCHISE TO COLLECT REFUSE The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Rainbow Disposal and Rainbow Transfer and Recycling Companies are hereby awarded a franchise to collect refuse within the City of Huntington Beach. The terms and conditions of the franchise awarded by this ordinance are contained in the "Revised and Restated Refuse Collection and Disposal Services Franchise Agreement By and Between The City of Huntington Beach and the Rainbow Disposal and Rainbow Transfer and Recycling Companies," a copy of which is attached hereto as Exhibit "A" and incorporated by reference herein as though fully set forth in this Section 1. SECTION 2. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days of its adoption in a newspaper of general circulation. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on July 17 , 2006. Mayor ATTEST APPROVED AS TO FORM: Cif lerk IIll ity Attorney `7, � li� fQ6 REVIEWED AND APPROVED: ATED AND APPROVED: ity Admfhistrator Direc or of Public Works PDA:2006 Agree:Rainbow:Ordinance Awarding Franchise EXHIBIT A REVISED AND RESTATED REFUSE COLLECTION AND DISPOSAL SERVICES FRANCHISE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE RAINBOW DISPOSAL AND RAINBOW TRANSFER AND RECYCLING COMPANIES THIS REVISED AND RESTATED FRANCHISE AGREEMENT is made and entered into this I 11-T*day of %,�Ly 2006, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY, " and the RAINBOW DISPOSAL COMPANY, INC. , joined by RAINBOW TRANSFER AND RECYCLING, INC. , both California corporations, hereinafter referred to collectively as "CONTRACTOR. " WHEREAS, CITY and CONTRACTOR have previously entered into a franchise agreement, dated February 5, 1990, wherein CONTRACTOR was awarded the right to provide refuse collection and disposal services for CITY; and CITY and CONTRACTOR have adopted several supplemental agreements, addendums, and amendments to the 1990 Franchise Agreement; and CITY and CONTRACTOR are desirous of revising and restating the 1990 Franchise Agreement to include all previously adopted supplemental agreements, addendums and amendments as are still appropriate, and to provide for additional new matters to be included within this Revised and Restated Agreement, NOW, THEREFORE, the parties hereto do hereby agree as follows: 1 . DEFINITIONS "AGREEMENT" shall mean this franchise agreement, entered into between CITY and CONTRACTOR. "BASIC LEVEL OF SERVICE" shall mean the amount of refuse generated by an average family within a UNIT OF SERVICE. "CITY COUNCIL" shall mean the City Council of the City of Huntington Beach, California. "COMMERCIAL SERVICE" shall mean collection service pursuant to an agreement between CONTRACTOR and his CUSTOMER by which dumpsters or drop-off-bodies are rented to CUSTOMER. "CUSTOMER" shall mean a user of CONTRACTOR' S services. 1 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 20OS-462 "DIRECTOR" shall mean the Director of Public Works of CITY or his designated representatives . "REFUSE" means garbage and solid waste. "RESIDENTIAL UNIT OF SERVICE" shall mean each single-family residence and each dwelling unit within a duplex, a triplex, or a fourplex receiving noncommercial refuse collection service. 2 . LEGAL COMPLIANCE A. This AGREEMENT shall be governed by the laws and regulations of the State of California, the County of Orange, and CITY both as to interpretation and performance. Specific reference is made to Chapter 8 . 21 of the Huntington Beach Municipal Code as it now exists or may be amended. B. If any provision of this AGREEMENT shall be declared illegal, void or unenforceable, the other provisions shall not be affected but shall remain in full force and effect . C. CONTRACTOR shall, at its own expense, secure or cause to be secured any and all permits and approvals which may be required by any governmental agency affected by the work to be performed by CONTRACTOR pursuant to this Agreement, including but not limited to, necessary zoning entitlements, building permits and all approvals required under the California Environmental Quality Act ("CEQA") . 3 . TERM; ANNUAL EXTENSION OF TERM A. The term of this AGREEMENT is fifteen (15) years . B. Subject to DIRECTOR'S annual evaluation, as provided in Section 3 (C) herein, the term of this AGREEMENT shall be annually extended one (1) year, on the 1st of July of each succeeding year, commencing July 1, 2007 . Such annual extension may also be terminated by either party in their sole discretion, without cause, by notification in writing (the "Notice of Termination of Annual Extension. " ) The Notice of Termination of Annual Extension will not terminate the entire AGREEMENT, but rather, will serve to only terminate the annual one-year extension of this AGREEMENT, and the AGREEMENT shall remain in effect, from the effective date of such notice, for the balance of the fifteen-year term outstanding. Any Notice of Termination 2 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 of Annual Extension shall not be effective until three years after the date of such Notice. C. Sixty (60) days prior to the date for each annual one- year extension described in Paragraph 3 (B) herein, DIRECTOR shall perform an evaluation of the services provided by CONTRACTOR. Said evaluation may consider the kind and number of complaints made against CONTRACTOR by its CUSTOMERS and the condition of CONTRACTOR' S facility and equipment . If deficiencies are discovered, DIRECTOR will provide CONTRACTOR with a written list of same and require corrective action prior to the effective date of the extension. Until the deficiencies are corrected to the satisfaction of DIRECTOR, an annual extension of this AGREEMENT may be held in abeyance. D. CITY reserves the right to cancel this AGREEMENT upon thirty (30) days written notice to CONTRACTOR, in the event that CONTRACTOR shall be in default, following notice and reasonable opportunity to cure, in any material terms, covenants or conditions set forth in this AGREEMENT, or in the event that CONTRACTOR shall fail to comply and abide by all of the requirements and provisions of Chapter 8 . 21 of the Huntington Beach Municipal Code, as the same now exists, or may hereafter be amended. E. Any termination of this AGREEMENT for cause, or because of expiration of the term, or otherwise, shall constitute a discontinuation of the right of CONTRACTOR to provide refuse disposal services within CITY. 4 . EXCLUSIVENESS OF CONTRACT A. CONTRACTOR shall have the exclusive duty, right and privilege to collect, remove and retain all REFUSE; residential, commercial, or industrial, including construction, originating within CITY limits as they may now or hereinafter exist . B. This AGREEMENT shall not prohibit collectors of REFUSE originating outside the city from hauling said refuse over city streets, provided such collectors comply with any governing laws or ordinances . 5 . SUPERVISION OF AGREEMENT A. Performance of each of the provisions of this AGREEMENT shall be under the supervision of DIRECTOR. CONTRACTOR shall furnish DIRECTOR every reasonable opportunity of ascertaining 3 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 whether or not the work herein assigned is performed in accordance with the requirements of this AGREEMENT. B. CONTRACTOR shall designate a person to serve as agent and liaison between CONTRACTOR and CITY, and shall maintain a toll free telephone for communication with CITY' S staff . C. DIRECTOR may inspect CONTRACTOR'S operations and equipment at any reasonable time. CONTRACTOR shall admit DIRECTOR to make such inspections at any reasonable time and place. 6 . SERVICE STANDARDS; COLLECTIONS A. During the term hereof, CONTRACTOR shall provide the BASIC LEVEL OF SERVICE to each RESIDENTIAL UNIT OF SERVICE within CITY. This shall include the normal amount of plant clippings and trimmings generated by a RESIDENTIAL UNIT OF SERVICE. B. CONTRACTOR shall be responsible for picking up plant prunings and trimmings that are securely bundled in lengths not in excess of four (4) feet and that weigh no more than forty (40) pounds until such time as automated collection service is implemented and made available to the CUSTOMER. Thereafter, plant prunings and trimmings generated by a RESIDENTIAL UNIT OF SERVICE must be placed unbundled in the appropriate greenwaste container for collection. CUSTOMER shall be required to place all materials set out for collection in the appropriate automated container in an appropriate manner consistent with the "Implementation and Administrative Regulations, " a copy of which is attached hereto as Exhibit "D, " as hereinafter defined, as they currently exist or may be amended from time to time. C. CONTRACTOR agrees that upon removing REFUSE from receptacles, said receptacles will be replaced, including the lids alongside thereof; and that no REFUSE will be allowed to spill while handling same, and proper care will be used in the handling of said receptacles. D. CONTRACTOR shall, at all times during the term of this AGREEMENT, keep and maintain in good operating order, and in good appearance, sufficient trucks and other equipment to properly and adequately provide the services described herein. E. CONTRACTOR shall maintain a local telephone number to which all service complaints from CUSTOMERS may be directed. The 4 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 telephone shall be staffed from 8 :00 a.m. until 5 :00 p.m. Monday through Friday and from 8 : 00 a.m. until noon Saturday. F. Each quarter, upon request, CONTRACTOR shall provide DIRECTOR a written summary report of all complaints received and the action taken in response to said complaints. G. CONTRACTOR shall make at least one (1) weekly collection at all places of residence and commercial and industrial establishments qualifying for the minimum can collection service on a schedule approved by CITY. Extended commercial and industrial service accounts shall be collected at a frequency for which they shall contract, provided it is adequate in the opinion of DIRECTOR to maintain the premises so served in a healthful and unlittered condition. H. At no cost to CITY, CONTRACTOR shall supply and unload dumpsters and drop-off bodies at CITY owned or operated facilities as requested by DIRECTOR, and shall empty the 40- gallon trash cans in the downtown commercial area at the frequency set forth in the "Downtown Commercial Area Collection Matrix, " a copy of which is attached hereto as Exhibit "C. " Exhibit "C" may be amended from time to time upon mutual agreement of CONTRACTOR and DIRECTOR. CONTRACTOR shall pay for the deposit of CITY generated REFUSE, including street sweepings, grass clippings and tree trimmings, at Rainbow Transfer. However, the total dollar value of all such services provided by CONTRACTOR to CITY shall not exceed $870, 000 during the calendar year 2006 . This figure shall be adjusted in subsequent years by an amount equal to CONTRACTOR' S annual rate increase, as shown in Sections 11 and 12 herein. I . Upon the request of a CUSTOMER, CONTRACTOR shall make up to four (4) special collections each year of large household items such as furniture, water heaters, strollers, bicycles, bundled tree branches, large boxes, additional bags of household waste (weighing less than 40 lbs each) , and similar household items, at no cost to the homeowner. Each CUSTOMER shall be limited to a maximum of ten (10) such bulky items on any single special collection occasion. Items not acceptable for collection under this paragraph include construction debris, as well as other items as determined by CONTRACTOR with approval by DIRECTOR. J. The hours of collection shall be 6 : 30 A.M. to 6 : 30 P .M. except on advance specific waiver of DIRECTOR. 5 PDA:66Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 K. Should CONTRACTOR fail to collect and dispose of REFUSE set out or placed for collection as herein provided, or at the times herein required, CITY may, after notification to CONTRACTOR and within a reasonable time not to exceed twenty- four (24) hours, collect and dispose of said REFUSE at CONTRACTOR' S sole cost and expense . L. Collection of REFUSE shall not be required on Sundays or on the following legal holidays : New Year' s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day; excepting in cases of emergency and upon the express direction of DIRECTOR. Whenever a regular collection day falls on such a holiday, then collection shall be made on the day following. Should a holiday fall on a Sunday, then the following Monday shall be observed as the holiday. Any additional holidays requested by CONTRACTOR shall be submitted in writing to CITY for approval . M. All COMMERCIAL SERVICE containers shall be of a design and size sufficient to contain their contents, at all times, in such a manner as to promote the best possible housekeeping conditions . All containers supplied by CONTRACTOR shall, at all times, be maintained in a well-kept appearance . CUSTOMERS shall be responsible for the cleanliness, sanitation and deodorizing of such containers. N. CONTRACTOR shall not, nor shall it permit any agent, employee or subcontractor employed by it, to request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity for the collection of REFUSE as herein defined, except such compensation as may be herein provided to be paid by CITY. It is further provided, however, that CONTRACTOR may make available special storage and loading containers, provide additional collections not required by these specifications, or pick up REFUSE at points other than as required in these specifications, at the request of the person or business being served. CONTRACTOR may make a direct charge in each instance for such additional service under a written agreement which shall be subject to the approval of DIRECTOR, and at such rates as are reasonable, just and uniform for all persons or businesses being served. All charges for such services shall be collected by CONTRACTOR. O. CONTRACTOR is authorized to implement a system of automated collection for residential CUSTOMERS now receiving manual collection services . CONTRACTOR shall retain the discretion to determine the features of the automated 6 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 residential collection program, subject to the provisions of Paragraph 5, requiring that performance of each of the provisions of this AGREEMENT shall be subject to the approval the DIRECTOR. CONTRACTOR shall develop Implementation and Administrative Regulations that are necessary and convenient for the implementation and administration of the automated collection program, along with an enumeration of any incidental container-related charges that may be assessed. The regulations and incidental container-related charges, the initial terms of which are attached hereto as Exhibit "D, " shall be subject to the approval of DIRECTOR. The parties envision and intend that the standard level of service for residential accounts receiving automated collection services shall be three (3) ninety-five (95) gallon containers, one (1) each for the deposit of greenwaste, commingled recyclables, and refuse. Automated containers shall be supplied by CONTRACTOR. A CUSTOMER or CONTRACTOR, as the case may be, may elect to reduce the number of containers or the size of containers without cost, provided that in all cases, each CUSTOMER receiving service shall have at least one (1) container each for the deposit of refuse and recyclables. Upon the request of any CUSTOMER, CONTRACTOR shall supply an additional container of appropriate size for greenwaste or recyclables without additional charge. Additional containers for the deposit of refuse shall also be delivered upon request by a CUSTOMER, in exchange for a one-time delivery and handling charge which is to be approved by DIRECTOR. CONTRACTOR shall replace lost or damaged containers without charge, unless it is determined that damage thereto is the result of negligence or intentional misuse by the CUSTOMER, in which case CONTRACTOR shall be authorized to charge a replacement or repair fee as authorized by DIRECTOR. 7 . RESIDENTIAL HAZARDOUS WASTES CONTRACTOR shall provide a residential hazardous waste transfer station at CONTRACTOR' S current site . Said station will be a regional facility and be made available free of charge to the residents of CITY, unless current funding sources do not continue. In the event these funding sources are not available, CONTRACTOR may levy user fees to individual users as approved by CITY. In the event governmental regulations or operational costs make it impractical to operate such a station, CONTRACTOR and CITY shall have the right to terminate operation of the facility by mutual agreement . PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 8 . RECYCLING PROGRAM CONTRACTOR shall provide a solid waste processing facility designed to specifically recycle residential and commercial waste . A. COMPENSATION I 1 . CITY shall collect and pay to CONTRACTOR, for operation of a solid waste processing facility, the sum of Three Dollars ($3 . 00) per month for each RESIDENTIAL UNIT OF SERVICE rendered in CITY. 2 . CONTRACTOR may collect a monthly fee for the operation of said facility from COMMERCIAL UNITS OF SERVICE in an amount not to exceed a rate schedule approved by CITY. B. ADJUSTMENT 1 . CITY and CONTRACTOR agree to meet at least sixty (60) days prior to June 30 of each year of this AGREEMENT to review the compensation for the operation of the solid waste processing facility and to make such adjustments as are deemed necessary. Changes in compensation for each subsequent year shall not exceed the percentage of increase or decrease in the Los Angeles-Anaheim-Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area, from March to March of the preceding twelve (12) months . 2 . No more than one negotiated rate change shall be made in any twelve (12) month period. However, either CITY or CONTRACTOR may propose modification of an established rate in order to assure the overall fairness of the rate structure. 3 . Should a dispute arise over the setting of a new rate or rate schedule, CITY and CONTRACTOR agree to continue the compensation plan then in effect until the dispute is resolved with the provision that the settlement be retroactive to the beginning of the payment period. C. REPORTING REQUIREMENTS 1 . CONTRACTOR shall, as part of this AGREEMENT, maintain such records on the composition and disposition of materials collected at the solid waste processing facility as may be required for reporting purposes by the California Integrated Waste Management Board. 8 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 2 . CONTRACTOR also agrees to provide CITY with such statistical data on the operation of the facility and/or the materials processed by same as CITY may deem necessary. D. OTHER PROVISIONS 1 . CONTRACTOR shall be free to establish service rates for refuse processed by the facility but collected outside the CITY limits so long as those rates are never less than the rates charged for this same service to service users within CITY. 2 . CONTRACTOR shall become owner of all solid waste delivered to the facility and shall have the exclusive right to market all recyclable materials reclaimed therein. 3 . CONTRACTOR shall, at all times, be solely liable for any and all expenses incurred pursuant to the marketing of said materials . 4 . CONTRACTOR warranties the ability of the facility to meet the diversion quota established for same in the CITY' S Integrated Waste Management Plan in conjunction with other diversionary and reduction programs. Should CONTRACTOR fail to meet the quota, then CONTRACTOR shall be liable, to the maximum extent permitted by law, to pay any fine or penalty levied against CITY by the California Integrated Waste Management Board for failure to perform, subject to the provisions of California Public Resources Code Section 40059 . 1 . The parties intend that the provisions of this subparagraph shall apply to any modification in the level of diversion required under Section 41780 of the Public Resources Code. 5 . Upon implementation of automated residential collection, CONTRACTOR shall incorporate such enhancements to its solid waste processing facility as necessary in order to process source-separated recyclables from the residential waste stream. CONTRACTOR shall continue to process commingled residential and commercial waste at its facility. 9 . LABOR RELATIONS A. CONTRACTOR shall, at all times during the term of this AGREEMENT, abide by all laws and regulations of the State of California regarding the employment of labor. 9 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 B. In the event that there occurs any period in which CONTRACTOR fails to maintain required REFUSE collection and disposal services pursuant to this AGREEMENT by reason of a strike by CONTRACTOR' S employees or similar labor dispute, CITY shall have the exclusive right of first refusal to rent and operate any or all trucks, trailers, tractors, bulldozers, other equipment and facilities used by CONTRACTOR in the performance of the work specified in this AGREEMENT. Such rental shall be upon a reasonable basis until other arrangements can be made by CITY. In determining the rental amount to be paid CONTRACTOR, the parties shall take into consideration the cost, age, and condition of the equipment thus utilized so as to afford CONTRACTOR fair and just compensation for such use. All money due CONTRACTOR for such rental may at the option of CITY be applied to the reduction of any lien or encumbrance on the rented chattels. 10. UNIT OF SERVICE COUNT A. An annual count of the RESIDENTIAL UNITS OF SERVICE shall be agreed upon by CITY and CONTRACTOR. Said count shall include all single family, duplex, triplex, and fourplex residential units that are provided noncommercial trash service. Groups of more than four (4) residential units are deemed to be nonresidential and will be charged in accordance with COMMERCIAL SERVICE provisions below. This annual residential count shall be the basis for determining the number of dwelling units for which CITY shall compensate CONTRACTOR. B. CONTRACTOR agrees to submit to DIRECTOR, on a monthly basis, a list of all residential units which have either: (1) contracted for COMMERCIAL SERVICE, or (2) discontinued COMMERCIAL SERVICE with CONTRACTOR. Such listing shall be kept confidential by CITY. C. CITY shall bill all single family, duplex, triplex and fourplex units that are provided noncommercial trash service by CONTRACTOR; CONTRACTOR shall bill those units that are provided COMMERCIAL SERVICE by CONTRACTOR. D. DIRECTOR shall multiply the established rate per RESIDENTIAL UNIT OF SERVICE by the total monthly count of all single family, duplex, triplex and fourplex units that are provided noncommercial trash service to arrive at the monthly payment to CONTRACTOR. It is recognized that the total number of UNITS OF SERVICE will vary from month to month. Therefore, the 10 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 number of UNITS OF SERVICE in any month shall be determined as above . E. DIRECTOR is responsible for authorizing the Finance Department to make monthly payments to CONTRACTOR based upon the total monthly count of all single family, duplex, triplex and fourplex residential units that are provided noncommercial trash service . CITY shall compensate CONTRACTOR no later than fifteen (15) days after the end of the month in which service was rendered. 11 . COMPENSATION - RESIDENTIAL A. CITY shall pay to CONTRACTOR for services provided under the terms of this AGREEMENT, the sum of $17. 22 per month for each RESIDENTIAL UNIT OF SERVICE rendered in CITY, which amount includes the recycling compensation in Paragraph 8 .A.1 herein, and excludes CITY' S administrative charge . B. Changes in compensation for each subsequent year will be based on the formula provided below and shall take effect on July 1st of each succeeding year beginning on July 1, 2007 . A change in compensation will be determined by the three factors in the following formula: 1 . The percentage of increase in the Los Angeles-Anaheim- Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area from March to March of the preceding twelve (12) months . This factor shall constitute seventy-six percent (76%) of a rate adjustment . 2 . The County of Orange landfill tipping fees . This factor shall constitute sixteen percent (16%) of a rate adjustment, and be based upon the tipping fee adopted by said County for the subsequent fiscal year. 3 . The average per gallon price of diesel fuel as paid by CONTRACTOR during the March to March time frame noted above. This factor shall constitute eight percent (8%) of a rate adjustment . An example of this formula is provided on the attached Exhibit "B . " No more than one negotiated rate change shall be made in any twelve (12) month period. However, either DIRECTOR or CONTRACTOR may propose modification of an established rate in order to assure the overall fairness of the rate structure to both CITY and CONTRACTOR. In the event that CONTRACTOR converts to alternative fueled vehicles, the factor shall be based on a CNG/diesel fuel equivalent . ii PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 C. In the event CONTRACTOR becomes obligated in the performance of this AGREEMENT to pay any fees or charges not presently required, such as those imposed by toll roads, for the transit of REFUSE to landfills; or if CONTRACTOR is required to travel additional distances to an approved landfill site due to the closing of an existing facility; or if the County of Orange raises the landfill tipping fee more than once during a year, then the parties agreed to negotiate in good faith for an adjustment in the existing monthly unit rate prior to the implementation of such charges . D. As an inducement to enable CITY to effectively monitor and respond to instances of illegal container interference (HBMC 8 . 21 . 110) or illegal scavenging (HBMC 8 . 21 . 220) , CONTRACTOR agrees to annually reimburse CITY, in an initial amount of Seventy-five Thousand Dollars ($75, 000 . 00) , for the hiring of additional staff dedicated exclusively to the enforcement of CITY'S Municipal Code provisions set forth above. Said payment shall be made on an annual basis commencing with the first month following the date of hiring said personnel . Upon notice from DIRECTOR, CONTRACTOR agrees to increase the reimbursement set forth in this paragraph commensurate with increased costs to CITY for future cost-of-living adjustments received by all employees within the employee ' s bargaining group. 12 . COMPENSATION - COMMERCIAL A. CONTRACTOR shall establish and publish a schedule of rates for all COMMERCIAL SERVICE accounts based on frequency of collection per week and size of container. Said schedule shall be shown as Exhibit "A" of this AGREEMENT for which the current rates are shown that are in effect as of the date of this AGREEMENT. B. CONTRACTOR shall be exclusively responsible for making contracts for COMMERCIAL SERVICE with CUSTOMERS within CITY. All charges will be billed to and collected from each CUSTOMER by CONTRACTOR. C. Changes in compensation for COMMERCIAL SERVICE for each subsequent year will be based on the formula provided below and shall take effect on July lst of each succeeding year. A change in compensation will be determined by three factors in the following formula: 12 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 1. The percentage of increase in the Los Angeles-Anaheim- Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area from March to March of the preceding twelve (12) months . This factor shall constitute seventy-six percent (7611) of a rate adjustment. 2 . The County of Orange landfill tipping fees . This factor shall constitute sixteen percent (16%) of a rate adjustment, and be based upon the tipping fee adopted by said County for the subsequent fiscal year. 3 . The average per gallon price of diesel fuel as paid by CONTRACTOR during the March to March time frame noted above . This factor shall constitute eight percent (81-.) of a rate adjustment . An example of this formula is provided on the attached Exhibit "B. " No more than one negotiated rate change shall be made in any twelve (12) month period. However, either CITY or CONTRACTOR may propose modification of an established rate in order to assure the overall fairness of the rate structure to both CITY and CONTRACTOR. 13 . COMMERCIAL SERVICE FRANCHISE FEE A. CONTRACTOR shall pay CITY a franchise fee of five percent (5%) of its paid gross receipts from COMMERCIAL SERVICE. However, in all instances, the fee shall be added to the rate schedule only after the compensation formula has been applied. B. Said payment shall be made on a monthly basis and be received by CITY no later than fifteen (15) days after the end of each calendar month in which CONTRACTOR' S invoices were issued. Any late payments shall be assessed in accordance with Chapter 3 .48 of the Huntington Beach Municipal Code. 14 . TRANSFER STATION USER FEE A. CONTRACTOR shall pay CITY a transfer station user fee of two percent (2%) of all paid receipts for refuse deposited at the transfer station, as reimbursement to CITY for damage caused to CITY' S roadways by CONTRACTOR' S collection and transfer vehicles . Fees shall be deposited in the General Fund and then Q budgeted for infrastructure purposes . `i I06 B. Said payment shall be made on a monthly basis and be received by CITY no later than fifteen (15) days after the end 13 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 of each calendar month in which CONTRACTOR'S invoices were issued. Any late payments shall be assessed in accordance with Chapter 3 .48 of the Huntington Beach Municipal Code. 15 . PERFORMANCE BOND CONTRACTOR shall, at all times, during the life of AGREEMENT keep on file with CITY a bond in the sum of One Million Dollars ($1, 000, 000 . 00) to the effect that CONTRACTOR will faithfully perform this AGREEMENT. 16 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR' S employees and damage to CONTRACTOR' S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR' S counsel . This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 17 . WORKERS' COMPENSATION AND EMPLOYER' S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer' s liability insurance in an amount of not less than the State statutory limits . 14 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer' s liability insurance for all of the subcontractors ' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer' s liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 18 . INSURANCE In addition to the workers' compensation and employer' s liability insurance and CONTRACTOR'S covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering all operations to be performed under this Agreement . This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the operations to be performed under this Agreement, and shall provide coverage in not less than the following amount : combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of Ten Million Dollars ($10, 000, 000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than Ten Million Dollars ($10, 000, 000) for operations to be performed under this Agreement . This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable shall be deemed excess coverage and that CONTRACTOR'S insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 19. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificates shall : a) provide the name and policy number of each carrier and policy; b) state that the policy is currently in force; and c) promise to provide that such policies will not 15 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force during the entire term of this Agreement . The requirement for carrying the foregoing insurance coverage shall not derogate from the CONTRACTOR'S defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance . CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 20 . TRANSFER A. CONTRACTOR shall not sell, assign, or transfer this AGREEMENT or any interest therein, or permit same to be transferred by operation of law, without first obtaining the consent of CITY. Any such unauthorized transfer shall allow CITY, at its option, to terminate this AGREEMENT. B . Until the adoption of any ordinance to the contrary by CITY, CONTRACTOR may sell or otherwise dispose of refuse materials after the same have been collected. 21 . FINANCIAL RECORDS At the request of DIRECTOR, CONTRACTOR shall make his complete financial records available for examination by CITY or its designated agents . Such records shall be kept confidential . 22 . ALTERNATIVE FUELS FUELING STATION In the event CONTRACTOR shall construct and operate an alternative fuels fueling station at CONTRACTOR'S operations yard, CONTRACTOR agrees to provide CITY with unlimited access thereto and to make available such fueling station or facility at rates favorable to the CITY, the precise amount of which shall be agreed upon by the parties, which shall be CONTRACTOR' S cost, which will include facility operating expenses . 16 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 20OS-462 23 . FLOW CONTROL Upon thirty (30) days written notice, CITY has the right to direct that One Hundred Percent (100%) of the refuse collected pursuant to this Franchise be delivered to any of the landfills owned by the County of Orange located within the boundaries of the County. 24 . DIRECT PAYMENT PERMIT CONTRACTOR will apply for a Direct Payment Permit from the California Board of Equalization and designate the City of Huntington Beach as the point of sale for all purchases including, but not limited to, the purchase of construction goods and materials, to the extent permitted by law. 25 . WATER QUALITY COMPLIANCE GRANT CONTRACTOR agrees to annually pay CITY a cash grant of One Hundred Fifty Thousand Dollars ($150, 000 .00) for programs and projects to further CITY' S compliance with the Federal Clean Water Act (NPDES) . Said payment shall be made on an annual basis commencing on July 1, 2007, and continuing each subsequent July 1 thereafter. CONTRACTOR agrees to annually increase the cash grant set forth in this section commensurate with any percentage of increase in the Los Angeles-Anaheim-Riverside All Urban Consumer Price Index (CPI-U) or any relevant successor for the Orange County area from March to March of the preceding twelve (12) months . REST OF PAGE INTENTIONALLY LEFT BLANK 17 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 25 . ENTIRETY The foregoing, and Exhibits "A, " "B, " "C, " and "D" attached hereto, sets forth the entire AGREEMENT between the parties . IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on the day, month and year first above written at Huntington Beach, California. RAINBOW DISPOSAL COMPANY, INC. , CITY OF HUNTINGTON BEACH a California corporation a California municipal corporation Presi t Mayor Secretary Cit Clerk RAINBOW TRANSFER AND RECYCLING, APPROVED AS TO FORM: INC. , a California corporation 1 ty Attorney (J1i4/v� 4) gb Pres * nt REVIEWED AND APPROVED: Secretary ity A ministrator TED AND AP ROVED: Director of Public Works 18 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 EXHIBIT A EXHIBIT A DUMPSTER SERVICE RATE SCHEDULE RAINBOW DISPOSAL COMMERCIAL SERVICE RATES CITY OF HUNTINGTON BEACH, EFFECTIVE JULY 1, 2006 Standard Service (shown in dollars per month) : 1 Cubic 2 Cubic 3 Cubic Bin Size Yard Yard Yard Pickups 1 x Week $ 65 .35 $106 . 76 $135 . 15 Per Week: 2 x Week $103 . 75 $155 . 50 $206 . 96 3 x Week $131 . 33 $198 . 35 $285 .30 4 x Week $146 .37 $235 . 09 $341 . 12 5 x Week $172 . 19 $289 . 84 $435 . 88 6 x Week $199 . 73 $334 . 16 $510 . 79 *Contractor may make extra charges for special or additional services in accordance with Section 8 . 21 .170 (b) of the Huntington Beach Municipal Code . Compacted Service (3 Cubic Yard Only Add 25% for 4 Cubic Yard) : (Pickups per week shown over Cost per month) 1 x Week 2 x Week 3 x Week 4 x Week 5 x Week 6 x Week $273 . 04 $420 . 17 $583 . 04 $700 . 64 $894 . 69 $1, 049 . 16 Temporary Service: Service Size Service Time Service Rate 3 Cu. Yd. Rent-A-Bin Two (2) days $ 51 . 00 per load 3 Cu. Yd. Rent-A-Bin Weekend $ 62 . 00 per load 40 Yard Drop Off Box* Four (4) days $ 380 . 00 per load 10 Yard Drop Off Box** Four (4) Days $ 402 . 00 per load *Highside (6 tons max. ) . **Lowside (8 tons max. ) . Any container that exceeds these tonnage limitations is subject to additional dump fees, and the customer may have to order an additional container to comply with State of California weight limitation laws. (Extra days for 40 and 10-yard DOB' s are $15 . 00 each. ) It is the customer' s responsibility to reload any containers which is overweight or is not level full . Rental charges will stay in effect until container is reloaded and removed. 19 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 EXHIBIT B EXHIBIT B EXAMPLE OF FORMULA For the purpose of illustration and by way of example only, assume that : On May 1, 2007, the CPI increase for the period March 1, 2006, through March 1, 2007, is determined to be 5 . 0%; Landfill Tipping fees were increased during said period from $22 . 00 to $23 . 00 per ton (a 4 . 5501 increase) ; and the Diesel Fuel Price increased during said period from $2 . 317 to $2 . 640 per gallon (a 13 . 94% increase) . The following is a statement of the Formula for an increase in the charges based upon the foregoing illustration: (76% x 5 . 0%) + (16% x 4 .5596) + (8% x 13 . 94%} equals : 3 . 80% + 0 .73% + 1 . 12% = 5 . 65% Thus the collection charges would be increased, commencing on July 1, 2007, by an additional 5 . 65% . 20 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 EXHIBIT C EXHIBIT C DOWNTOWN COMMERCIAL AREA COLLECTION MATRIX i Month Mon. Tues. Wed. Thurs. Fri. Sat. Sun. January 1 1 I 1 (+1) 1 (+0 1 February 1 1 I 1 (+1) 1 (+1) 1 March 1 1 1 (+1) 1 (+1) 1 (+1) qq April 1 1 1 (+1) 1 (+1) 1 (+1) May 1 1 1 2 (+1) 2 (+1) 2 (+1) June 1 1 1 1 2 (+1) 2 (+1) 2 (+1) July 1 1 1 1 2 (+1) 2 (+1) 2 (+1) August 1 1 1 1 2 (+1) 2 (+1) 2 (+1) September 1 1 1 1 2 (+1) 2 (+1) 2 (+1) October 1 1 2 (+1) 2 (+1) 2 (+1) November i 1 1 (+1) 1 (+1) December 1 1 1 (+1) 1 (+1) Notes : • Numbers shown in the matrix indicate the number of times each day that Rainbow will empty 96 designated refuse containers along the public sidewalks in the Downtown Pier Commercial area on, and in the vicinity of, Main Street . • Additional pick-ups previously donated by Rainbow Disposal are noted in parentheses and are incorporated into the regular, permanent schedule per the amended franchise for which monetary consideration has been provided by an increase in the City' s refuse cap allowance (Franchise Paragraph 6 .H. ) against which Rainbow will charge the agreed-upon unit charge per container. 21 PDA:06Agree:Rainbow:Rainhow Franchise 2006 (final) RLS 2005-462 EXHIBIT D EXHIBIT D IMPLEMENTATION AND ADMINISTRATIVE REGULATIONS FOR AUTOMATED RESIDENTIAL REFUSE COLLECTION Adopted July 3, 2006 Revised , (Terms are in effect as of July 3, 2006 and subject to change) 1. STARTING/CHANGING SERVICE A. New Single-family Residential Customer: 1 . Customer must contact City of Huntington Beach ("City") to establish City residential trash service . 2 . Customer will contact Rainbow to order carts and schedule delivery. 3 . City will provide Rainbow Disposal ("Rainbow") written confirmation of each new service order by 8 : 00 a.m. of the following workday. 4 . Rainbow will confirm each scheduled delivery against city report to confirm that service is authorized prior to delivering carts . 5 . Rainbow will provide City with list of all cart deliveries for new service one time weekly, by 9 : 00 a.m. each Monday, for all orders originating the prior week. B. Change Service Type (Commercial to Residential and Vice versa) : 1. Owner of any single-family residence, duplex, triplex, or fourplex must first contact City to initiate a change from Commercial to Residential collection, and vice versa. a. All dwelling units within a duplex, triplex, or fourplex must utilize the same type of service, either Commercial or Residential, and the same size cart for all dwelling units within a building. Under no circumstances will property owner be allowed to mix and match services or sizes. 2 . Customer must then contact Rainbow directly to establish or discontinue Commercial service and to schedule cart delivery. 3 . City will provide written confirmation by 8 : 00 a.m. of the following workday of residential service changes to Rainbow. Rainbow will not initiate such changes without written 22 PDA.06Agree.Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 notification from City that residential service has been established or cancelled. 2 . BASIC SERVICE LEVEL The Basic Level of Service is one set of three (3) 95- gallon carts per household, provided by Rainbow. Carts remain the property of Rainbow. A. One (1) each Recyclable (Blue) cart, to be used ONLY for the following materials : 1 . Newspaper 2 . Cardboard 3 . Magazines 4 . Telephone books 5 . Junk mail 6 . Office paper, computer paper, other white and colored paper 7 . Chipboard (cardboard of same type used for 12- pack cartons) 8 . School notebooks / tablets 9 . Empty food containers a. Plastic bottles and jars b. Metal cans—aluminum, tin, and steel C . Glass bottles and jars B.. One (1) each Green Waste (Green) cart to be used ONLY for the following materials : 1 . Grass 2 . Leaves 3 . Branches 4 . Flowers 5 . Shrubbery 6 . Potted plant soil, houseplants C. One (1) each Trash (Brown) cart to be used for the disposal of the following materials: 1 . Plastic film, wraps, bubble wrap, and bags 2 . Odd plastics, such as toys, Plexiglas 3 . Contaminated paper, pizza boxes, diapers, sanitary napkins, other bathroom waste 4 . Sheet or plate glass 5 . Full or unopened food containers 6 . Foam items, such as Styrofoam, packing peanuts and similar packing materials, closed cell foam, upholstery foam 7 . Animal waste, rodent bedding, and cat litter 23 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 8 . Palm fronds 9. Any remaining items not eligible for placement in Recyclable or Green Waste carts D. Customer may elect to forego delivery of Green Waste cart if their residence has no vegetation and/or is subject to Association or other similar landscape maintenance and such cart is not necessary. E. Customer must place carts for collection each week on scheduled collection day, subject to requirements of HBMC 8 . 21. 100 - Containers Location. F. Carts placed for collection must be placed with lids completely closed. Customers placing cart (s) for collection with lids open or ajar may be served written warning by Rainbow with the affixing of a label to the cart (s) indicating the violation. Warnings must be documented by Rainbow with digital photography and/or written log noting date of warning, service address, and serial number of cart. G. To accommodate need for greater or lesser waste capacity, Customer may elect to change service to include Optional Service Levels described herein. H. Service Level changes will be permitted one time per household per year. 3 . BULKY ITEM COLLECTION Residential Customer may schedule up to four (4) special collections each year of large household items . Items qualifying for collection under this program include : A. Furniture, mattresses and box springs, area rugs (rolled and secured, not to exceed 6' in length) B. Household appliances - range, oven, cooktop, refrigerator, dishwasher, water heater, clothes washer or dryer, trash compactor C. Pool equipment . D. Moving boxes and shipping cartons in excess of Recycling cart capacity. 24 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 E. Bagged trash in excess of Trash cart capacity - not to exceed 40 lbs. per bag. F. Securely bundled palm fronds, or tree trimmings/branches in excess of Green Waste cart capacity - not to exceed 4 ft . in length and 40 lbs . per bundle. G. Universal and hazardous waste items are not eligible . H. Remodeling items such as intact vanity cabinets, sinks, toilets, bathtubs, intact windows and doors; cast iron tubs are not eligible. I . Construction and demolition waste is not eligible, including items such as roofing, lumber, concrete, masonry, stucco, tile, carpet cuts, remnants, or pull-ups. 4 . OPTIONAL SERVICE LEVEL 1: CART SIZE Two (2) alternate cart sizes will be available to households, upon request, to accommodate Trash, Green Waste, and Recyclables : a. 65-gal . b. 35-gala A. If customer elects Level 1 service change, an appropriate number of carts will be provided by Rainbow to accommodate normal household accumulation of trash. B. Depending upon size of household, demonstrated capacity needs and size of container selected, one household may be allowed up to three (3) carts of each type. 5. OPTIONAL SERVICE LEVEL 2: ADDITIONAL GREEN WASTE & RECYCLING CARTS Customer may request one (1) additional cart each for Recycling and Green Waste. A. Additional carts must be of the same size as other carts assigned to household. B. The additional Green Waste and Recyclable carts will provided at no charge . C. No additional monthly rate will apply for collection of additional Green Waste and/or Recyclable carts . 25 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 D. Rainbow may repossess Level 2 Green Waste and Recycling carts if customer does not utilize the cart or does not use cart for intended material . 1. Households utilizing Level 2 Recycling and/or Green Waste carts, which are found to contain improper materials, may be served written warning by Rainbow prior to repossession with the affixing of a label to the cart (s) indicating the violation. Warnings must be documented by Rainbow with digital photography and/or written log noting date of warning, service address, and serial number of cart. 2 . After not less than two (2) warnings in a six (6) month period, Rainbow may repossess the cart (s) . Upon repossession of cart (s) , Rainbow must deliver a notification in writing to resident, either by posting notice at the premises or by regular mail, and provide copy of said notice to Department of Public Works. E. Level 2 Green Waste and Recycling carts need not be placed for collection every week, and, at the discretion of the resident, may be placed for collection only when full, provided that material contained therein is not odorous or harbors harboring insects or vermin. 6. OPTIONAL SERVICE LEVEL 3 : ADDITIONAL TRASH CART A. Customer may request one additional cart for Trash, subject to a one-time delivery and handling charge of $75 . Additional cart must be same size as other Trash carts assigned to household. B. No additional monthly rate will apply for collection. C. A maximum of one additional Trash cart will be issued per household. 7. CART MAINTENANCE AND REPAIRS Carts assigned to households remain the property of Rainbow Disposal . A. Rainbow shall repair or replace carts damaged by ordinary wear and usage at no charge to customer. 26 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 B. Stolen carts will be replaced at no charge to customer. Incidents of repeated, frequent theft of carts from the same household may be subject to replacement charge. C. Carts damaged by intentional abuse or misuse will be repaired or replaced by Rainbow Disposal at the expense of the customer. 1 . Repairs will be charged at a rate of $25 per repair. 2 . Replacement charge, based upon the size of the cart, is as follows : a. 95-gal. - $75 . 00 b. 65-gal . - $70 . 00 C . 35-gal . - $65 . 00 D. Resident shall make reimbursement payments for intentional damage directly to Rainbow Disposal. 8. SCAVENGING Recycling (Blue) cart shall be affixed with a semi- permanent label placed on the underside of the lid, providing a Public Works Department telephone number for customers to call to report scavenging. Label shall instruct customer NOT to report such activities to other City departments . In particular, customers should not call the either the Police Department or 9-1-1 emergency dispatch except in the event of a life-threatening emergency. Label may be generic in that it may contain clearly marked contact phone numbers for other cities served by Rainbow in addition to the City of Huntington Beach Public Works phone number. 27 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 Ord. No. 3744 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 3rd day of July,2006, and was again read to said City Council at a regular meeting thereof held on the 17th day of July,2006,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen,Cook NOES: None ABSENT: None ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on July 27,2006 Clajb In accordance with the City Charter of said City C' Clerk and ex-officio erk Joan L. Flynn,City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California ATTACHMENT #2 DEPARTMEN PUBLIC WORKS Summary of Propose evisions to the Franchise Agreem ith Rainbow Disposal an Rainbow Transfer & Recyc 'ng Companies July 3, 2006 Why Revise Agreement? " Rainbow proposes to m a substantial investment to i ve its waste collection and handlin processes. :%Current franchise agreement doe not provide necessary language needed for Rainbow's operational changes. z 1 Why Revise t Agreement? Notable changes proposed: Modernize and expand Mater Is Recovery Facility (MRF) Completely re-fleet with low- emission, alternate fuel collectio trucks `Amplement automated collection of residential refuse and recyclables 3 Impact on esidents Continued weekly collects Commingled collection repla e y customers pre-sorting - contai ers for recyclables, green waste an trash Unlimited collection replaced by 31 self-wheeled containers, supplied b Rainbow, each up to 95 gallons capacity = 9 standard barrels 4 2 Impact on esidents 'Three container sizes - accom ate various household usage and st a needs t Additional containers available - tras containers subject to one-time deliver & handling charge - others will be free Bulky item collection expanded to 4 time per year, up to 10 items each time 5 Impact on esidents �k Continued 50% low-incom enior citizen subsidy 4Continued recycling education program ONo increase in residential refuse r to 6 3 Impac City City-generated refuse co tion to continue at no cost, subjec o p 0 Cleaner, neater, more orderly container placement and collect n 41 Litter reduction due to improved containers (w/hinged lids and whe Is) New low-emissions alternate fuel trucks replacing diesel fleet Impac City 0 3-year moratorium before ice of franchise non-renewal begin year termination period Rate formula to be amended to reflect alternate fuel usage 1D Current 5% commercial franchise fee will continue 8 4 Impac City Commercial and multi-fa bin processing to continue at cu e MRF Recycling will become a more visible activity with minimal effort y customers No new implementation cost or ongoing expense to City 9 Enhance is to Current Progr a Expanded bulky item collec 'o (already mentioned) Rainbow to furnish all container - replacing those inadvertently damaged or lost Additional containers available (already mentioned) 10 5 Enhance is to Current Progr Increased Transfer Station "h " fee from 1.25% to 2% - fund offsettin roadway repairs ($160k increase to $42 Additional downtown container collections, currently donated by Rainbow, to become permanent service $150,000 annual water quality complianc grant (offsetting environmental impact of refuse collection process) 11 Enhance is to Current Progr Addition of "clean" MRF was processing - maximize recyclab s recovery - prepare for increasing ate mandates Rainbow's commitment to City's compliance with increasing AB 939 mandates t Unlimited City access to Rainbow's planned alternate fuel station at pass- through cost 12 6 Enhance is to Current Progr Q $75,000 annual payment fo additional City staff for scav g' enforcement 01 Rainbow to cooperate in obtainin a Direct Payment Permit from the Board of Equalization - allows City as point of sale for major purchases 13 Recomm dation Approve the Revised and Restated Refuse Collection and Disposal Services Franchise Agreement by and bet we n the City of Huntington Beach and the Rainbow Disposal and Rainbow Transfer and Recycling Companies 14 If Approved . . .next steps Revisions to HBMC Ch. 8.21, se Management - Council action as changeover schedule approaches Changeover anticipated to begin mi 007 with 6-month implementation Rainbow committed to personalized outreach to customers during transition 15 8 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Revised and Restated Franchise Agreement with Rainbow Disposal and Rainbow Transfer and Recycling Companies, for Solid Waste and Recyclables Collection Automation and Materials Recovery Facility Upgrade and Modernization COUNCIL MEETING DATE: July 3, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable ❑ Bonds (If applicable) Notached El t Applicable ❑ Staff Report (If applicable) Attached ❑t Applicable No p ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) Assistant City Administrator (Initial) ( ) City Administrator (initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use RCA Author: RFB CITY OF HUNTINGTON BEACH C TO: Honorable Mayor and Members oft City Council FROM: Penelop� kr h- ft, DP A, C�t�ydinistrator DATE: July 3, 2006 SUBJECT: Late Communication - Item F-2 Approve Revised and Restated Franchise Agreement with Rainbow Disposal and Rainbow Transfer and Recycling Companies for Solid Waste and Recyclables Collection Automation and Materials Recovery Facility Upgrade and Modernization The proposed, revised, restated, Rainbow Disposal franchise agreement identifies within Section 14 A (page F2.22) the allocation of the Transfer Station User Fee proceeds. Specifically, the last sentence states: "Such fee shall be deposited in CITY'S Infrastructure Fund Transfer Station Franchise Account." Currently, all proceeds of the Transfer Station User Fee are deposited in the General Fund. Staff is recommending that the last sentence of Section 14 A be deleted and a new sentence inserted stating "Fees shall be deposited in the General Fund and then budgeted for Infrastructure purposes." This will assist in insuring the maintenance of the Charter Section 617 required 15% General Fund revenue expenditure for infrastructure improvements and continue the current practice of the depositing these User fees to the General Fund. The revised, restated franchise agreement will reflect an increase of$160,000 of revenues to be dedicated for infrastructure purposes for a net total of$427,000 annually from the Transfer Station User Fee. PCG/PE:pf ` 1 . The percentage of increase in the Los Angeles-Anaheim- Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area from March to March o the preceding twelve (12) months . This factor shall constitut seventy-six percent (76%) of a rate adjustment . 2 The County of Orange landfill tipping fees . T is factor shall constitute sixteen percent (160) of a rate ad ' stment, and be based upon the tipping fee adopted by said Cou y for the subsequent fiscal year. 3 . The average per gallon price of these fuel as paid by CONTRACTOR during the March to March time fr e noted above . This factor shall constitute eight percent 8%) of a rate adjustment . An example of this formula is provided n the attached Exhibit "B. " No more than one negotiated rate hange shall be made in any twelve (12) month period. Howeve , either CITY or CONTRACTOR may propose modification of an esta lished rate in order to assure the overall fairness of the rate structure to both CITY and CONTRACTOR. 13 . COMMERCIAL SERVICE F CHISE FEE A. CONTRACTOR shall pay ITY a franchise fee of five percent (50) of its paid gro s receipts from COMMERCIAL SERVICE. However, in all instances, he fee shall be added to the rate schedule only after the cc pensation formula has been applied. B. Said payment sha 1 be made on a monthly basis and be received by CITY no lat r than fifteen (15) days after the end of each calendar month in which CONTRACTOR' S invoices were issued. Any late paym nts shall be assessed in accordance with Chapter 3 . 48 of the untington Beach Municipal Code . 14 . TRANSFER TATION USER FEE A./CITY T R shall pay CITY a transfer station user fee of two perof all paid receipts for refuse deposited at the traation, as reimbursement to CITY for damage caused to CITYays by CONTRACTOR' S collection and transfer vehiclefee shall be deposited in CITY' S Infrastructure Fund Trtation Franchise Account . B. ment shall be made on a monthly basis and be receiveY no later than fifteen (15) days after the end 13 PDA:06Agree:Rainbow:Rainbow Franchise 2006 (final) RLS 2005-462 Page 1 of 1 Esparza, Patty From: Dapkus, Pat Sent: Thursday, June 29, 2006 3:57 PM To: Esparza, Patty Subject: FW: Upcomming issues Another one. It subject fooled me. -----Original Message----- From: Mvizinho@aol.com [mailto:Mvizinho@aol.com] Sent: Thursday,June 29, 2006 7:22 AM To: CITY COUNCIL Cc: Dapkus, Pat; Fikes, Cathy Subject: Upcomming issues As a resident of the wonderful city of Huntington Beach I would like to share my opposition to two important issues. 1. 1 am opposed to any land development in Central Park. We have many other areas in the city for a Senior Center. It is imperative that we protect our environment/open space for future generations. Once we take away open space it is gone forever.... We must act to protect it for our children and their children. 2 1 am adamantly against the degradation of services Rainbow Disposal proposes under the pretext of automation, (I am not simply against automation). The current service they provide is outstanding and certainly is"customer friendly". The proposed change places the burden of work now done by Rainbow on the Homeowners who are paying for the service. I would rather pay more for the continued current level of service rather than accept less service. I moved to this city because of the great services and environment, I know you'll make the wise decision for us all.... Thank you for your time and consideration... Manuel Vizinho 6571 Melbourne Dr Huntington Beach 92647 714-903-6602 7 �� 6/29/2006 Esparza, Patty From: Flynn, Joan Sent: Sunday, July 02, 2006 1:01 PM To: 'normw@modernpublic.com' Cc: Esparza, Patty Subject: Re: Late Communication -Opposition to Item F-2 Norm -- please remove djones from your correspondence list and replace with pesparza -- Dale has left the city and Patty is taking care of agenda and late communication items. -- thanks -- I sent both your emails to Patty and they will be included Monday night -- Joan -----Original Message----- From: Norm Westwell <normw@modernpublic.com> To: CITY COUNCIL CC: Flynn, Joan; djones@surfcity-hb.org <djones@surfcity-hb.org>; Dapkus, Pat; Fikes, Cathy Sent: Sun Jul 02 11:53:48 2006 Subject: Late Communication - Opposition to Item F-2 I urge a NO vote on item F-2 or table the issue for more information. Residents will not any benefit from this change, Rainbow Disposal will. Residents will be forced by threat of a gun to: Separate their trash. No longer be allowed unlimited dumping of trash. Be responsible for Rainbows containers. Will not receive a rate reduction. Have no assurances that they will not be penalized for failure to separate their trash. This is exactly what is now occurring in Santa Ana. Residents cannot opt out of the sweetheart deal, no bid, 15 year rolling contract. Rainbow will enjoy lower costs and higher recycling revenues while HB residents receive nothing but increased headaches. I respectfully request a NO vote for item F-2 Norm Firecracker Westwell - Huntington Beach, CA 17171 Englewood Cr. HBCA normw@Modernpublic.com \ I / THERE IS A PRICE FOR BEING FREE Torch of Liberty, enlightening the world www.ModernPublic.com It's your government - GET INVOLVED! 7j3/ 06 -- STATE CAPITOL /��++�y Y4 j¢' }�y�-t�y� yy y�y� coMMirrees ROOM 51-4 �atl��LoA�.i► n �Latie �-mate SACRAMENTO,CA 95814 ,TL JUDICIARY TEL(916)651-9263 LABOR AND INDUSTRIAL Fax(916)445-9263 RELATIONS SENATOR DISTRICT OFFICE LOCAL GOVERNMENT 950 SOUTH COAST DRIVE TOM HAR.MAN.` SUITE 240 COSTA MESA,CA 92626 THIRTY-FIFTH SENATE DISTRICT TEL(714)957-4555 - FAX(714)957-4560 4 July 3,2006 rs, Re: Rainbow Disposal = ram- Ordinance No. 3744 ;~ °°} Huntington Beach City Council 2000 Main Street is Huntington Beach,CA 92649 Dear Mayor and Members of the City Council: As a long time resident of Huntington Beach,I enthusiastically support,Rainbow Disposal's modernization proposal. This new program will greatly benefit our environment and at the same time provide for fixture compliance with new State of California mandates. I own a second home in Sacramento- That city uses a trash collection method similar to the one that is being proposed by Rainbow. The Sacramento trash collection procedure is convenient,efficient,user friendly and well liked by the residents of Sacramento. I have used the Sacramento collection process for the past six years and I have nothing but high praise for it. A similar system here in Huntington Beach,like the one proposed by Rainbow Disposal,would be a great benefit to the City of Huntington Beach. I urge your approval of Ordinance No. 3744,enacting the revised and restated franchise agreement with Rainbow Disposal. Ver truly yours, TOM HARD Senator, 35�`District TH1js e RECEIVED FROAS PUBUC M FOR CqUN9L ME ETING HBT'S RAINBOW DISPOSAL PUBLIC COMMENTS-J".3 006 RECORD /a /nb CITY ECLLEW OFFICE r • GOOD EVENING. MY NAME IS RICHARD HART AND I REPRESENT HUN 1' A(;H TOMORROW REGARDING PROPOSED CHANGES TO THE RAINBOW DISPOSAL FRANCHISE AGREEMENT. THESE CHANGES PROVIDE FOR AUTOMATED COLLECTION AND RESIDENTIAL SOURCE SEPARATED RECYCLING. • HBT SUPPORTS RECYCLING AND AUTOMATED COLLECTION. HOWEVER, WE ARE CONCERNED WITH SOME OF THE BUSINESS ARRANGEMENTS OF THE PROPOSED CHANGES. • WE VIEW THIS AGREEMENT AS A PUBLIC-PRIVATE PARTNERSHIP BETWEEN THE CITY OF HUNTINGTON BEACH,ITS RESIDENTIAL RATE PAYERS,AND THE RAINBOW DISPOSAL COMPANY. • TO HAVE A SUCCESSFUL PARTNERSHIP,ALL PARTIES MUST BE TREATED FAVORABLY. • THE CITY OF HUNTINGTON BEACH IS TREATED FAVORABLY AS RAINBOW WILL PAY THE CITY APPROXIMATELY AN ADDITIONAL$400,000 ANNUALLY AS WELL AS OTHER SERVICES AND TAX ADVANTAGES. • RAINBOW IS ALSO TREATED FAVORABLY WITH IMPLEMENTATION OF AUTOMATED COLLECTION, WHICH WILL ENABLE THEM TO OPERATE MORE EFFICIENTLY AND ECONOMICALLY,AND, IMPLEMENTATION OF RESIDENTIAL SOURCE SEPARATED RECYCLING, WHICH WILL INCREASE REVENUE AND DECREASE LANDFILL DISPOSAL COSTS. • THE LAST MEMBER OF THIS PARTNERSHIP, THE 47,000 RESIDENTIAL RATE PAYERS,ARE NOT TREATED FAVORABLY. THEY DO NOT SHARE IN ADDITIONAL FUNDS AS DOES THE CITY OF HUNTINGTON BEACH,AND THEY DO NOT SHARE IN THE REVENUE FROM THE SALE OF RECYCLABLE MATERIALS NOR ITS AVOIDED LANDFILL COSTS,AS DOES RAINBOW. • HBT'S POINT BEING,WITHOUT THE WORD OF THE HUNTINGTON BEACH RESIDENCES IN SEPARATING RECYCLABLES,RAINBOW'S AUTOMATED COLLECTION AND RECYCLING PROGRAMS WOULD NOT BE AS EFFICIENT OR AS PROFITABLE AS IT COULD BE. WE ALL WANT TO SEE THESE PROGRAMS SUCCEED. • IT IS ONLY FAIR THAT THE CITY'S RESIDENTIAL RATE PAYERS SHARE IN THE REWARDS OF THEIR EFFORT. THE CONTRACT SHOULD INCLUDE A PROVISION WHEREBY RAINBOW SHARES RECYCLING REVENUE AND ITS AVOIDED LANDFILL COSTS WITH THE RESIDENTIAL RATE PAYERS. SUCH SHARING COULD BE APPLIED TO THE FOLLOWING YEAR'S RATE ADJUSTMENT. • THIS IS PROBABLY THE LAST TIME FOR THE FORSEABLE FUTURE THAT THE COUNCIL WILL HAVE LEVERAGE TO MADE MEANINGFUL CHANGES TO THIS AGREEMENT. IT IS IMPERATIVE TO ACT NOW. • WE RECOMMEND THE FOLLOWING: THAT CITY STAFF,WITH THE ASSISTANCE OF HUNTINGTON BEACH TOMORROW AND RAINBOW DISPOSAL COMPANY,BE DIRECTED TO DEVELOP AND REPORT BACK TO THE CITY COUNCIL WITHIN 30 DAYS A CONTRACT PROVISION WHICH PROVIDES FOR SHARING RECYCLING REVENUE AND ITS AVOIDED LANDFILL COSTS BETWEEN THE RESIDENTIAL RATE PAYERS AND THE RAINBOW DISPOSAL COMPANY. Pon CITY OF HUNTINGTON BEACH TO: Honorable Mayor and Members of the City Council FROM: Pen ope Cu reth-Graft, DPA, City Adffiinistrator ` 411 DATE: July 3, 2006 SUBJECT: Late Communication - Item F-2 Approve Revised and Restated Franchise Agreement with Rainbow Disposal and Rainbow Transfer and Recycling Companies for Solid Waste and Recyclables Collection Automation and Materials Recovery Facility Upgrade and Modernization The proposed, revised, restated, Rainbow Disposal franchise agreement identifies within Section 14 A(page F2.22)the allocation of the Transfer Station User Fee proceeds. Specifically, the last sentence states: "Such fee shall be deposited in CITY'S Infrastructure Fund Transfer Station Franchise Account." Currently, all proceeds of the Transfer Station User Fee are deposited in the General Fund. Staff is recommending that the last sentence of Section 14 A be deleted and a new sentence inserted stating "Fees shall be deposited in the General Fund and then budgeted for Infrastructure purposes." This will assist in insuring the maintenance of the Charter Section 617 require 15% General Fund revenue expenditure for infrastructure improvements and continue the current practice of the depositing these User fees to the General Fund. The revised, restated franchise agreement will reflect an increase of$160,000 of revenues to be dedicated for infrastructure purposes for a net total of$427,000 annually from the Transfer Station User Fee. PCG/PE:pf � 06 F �`�- HUNTINGTON BEACH CITY COUNCIL Rainbow Disposal Proposal July 3, 2006 Daniel P. Gooch 1) Need for Additional Public Presentations/Hearings: Rainbow Disposal has conducted ONE (1) official presentation in a public forum before the City Council. They have conducted others but without the representatives from the City or the City Council formally being present to receive public input in order to formulate an "informed" opinion of the public's concerns. The new procedures represent a wholesale change in the manner the public will be forced to put their refuse out for pick-up. Rather than rely on the contractor's promise to make sure everything is fine, the public should be afforded the opportunity to make their wishes known, after being informed as to the totality of the proposed changes,to the City's representatives and the City Council. 2) Need for Additional Time for the Public & an Outside Consultant to Review the Financial Aspects of the Proposed Changes to the Franchise Agreement In their presentation to HBT the contractor indicated their pick-up & disposal costs represented $12 M. In their presentation they indicated they would realize $1,050,000 in efficiency savings or 8 V2 %. When the surrounding jurisdictions changed from manual to automated they realized a 50 — 67% increase in efficiency — representing a potential savings of$4 - $6 Million in this proposal. Without further explanation or review one would question where the missing $3 to $5 Million dollars in savings will go? Also in their presentation the contractor indicated one of the major reasons for changing their procedures is to reduce worker injuries & reduce workers' compensation costs. When queried as to where the "projected savings" were identified they demurred and indicated they have already implemented procedures to reduce injuries and do not anticipate any new savings. We also requested the "Sunset clause" of 15 years — which means if the City wanted to put this contract out to public bid,they would have to wait 15 years before doing it—be shorted to 7 years as in the City of Anaheim which recently renegotiated their refuse contract. The current proposal extends those 15 years by a one time 3 year extension. Additionally, the Public Works Director has indicated the contractor has forgone over $4 Million in rate increases over the past several years. If they can "forgive" $4 M, how much are they really making? With all due respect to the City Administrator and the Director of Public Works,while I have confidence in their abilities,without being able to actually take a look at the Corporation's books to determine how much more profit this will actually bring them, the City Council, as you have done in other complicated matters — Bond issues, the Sr. Center etc, should retain an independent contractor to review and make recommendations. Thank you for your time. �, je CITY OF HUNTINGTON BEACH L`A' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK July 18, 2006 Rainbow Disposal 17121 Nichols Street Huntington Beach, CA 92647-5719 To Whom It May Concern: Enclosed for your records is a copy of Ordinance No. 3744 Granting to Rainbow Disposal & Rainbow Transfer and Recycling Companies a Franchise to Collect Refuse. Sincerely, Joan L. Flynn City Clerk JF:pe Enclosure: Ordinance/Revised Franchise Agreement G_followup:agrmtltr i Telephone:714-536-5227) RECEIVED FROM A PUBLIC RE (OIiNCIL N lT N CIT OF Y CLERK OFFICE JOAN L FLYW CITY CLERK HUNTINGTON BEACH CITY COUNCIL Rainbow Disposal Proposal July 3, 2006 Daniel P. Gooch (Worked for Long Beach for 32 years—directed refuse collection in '82) 1) Need for Additional Public Presentations/Hearings: Rainbow Disposal has conducted ONE (1) official presentation in a public forum before the City Council. They have conducted others but without the representatives from the City or the City Council formally being present to receive public input in order to formulate an"informed"opinion of the public's concerns. The new procedures represent a wholesale change in the manner the public will be forced to put their refuse out for pick-up. Rather than rely on the contractor's promise to make sure everything is fine, the public should be afforded the opportunity to make their wishes known, after being informed as to the totality of the proposed changes,to the City's representatives and the City Council. 2) Need for Additional Time for the Public &an Outside Consultant to Review the Financial Asoects of the Proposed Changes to the Franchise Agreement In their presentation to HBT the contractor indicated their pick-up & disposal costs represented $12 M. In their presentation they}indicated they would realize $1,050,000 in efficiency savings or 8 % %. When the surrounding jurisdictions changed from manual to automated they realized a 50 — 67% increase in efficiency — representing a potential savings of$4 - $6 Million in this proposal. Without further explanation or review one would question where the missing$3 to $5 Million dollars in savings will go? Also in their presentation the contractor indicated one of the maior reasons for changing their procedures is to reduce worker injuries & reduce workers' compensation costs. When queried as to where the "projected savings" were identified they demurred and indicated they have !- already implemented procedures to reduce injuries and do not anticipate any new savings. It was also requested the "Sunset clause" of 15 years—which means if the City wanted to put this contract out to public bid,they would have to wait 15 years before doing it-be shorted to 7 years as in the City of Anaheim which recently renegotiated their refuse contract. The current proposal extends those 15 years by a one time 3 year extension. Additionally, the Public Works Director has indicated the contractor has forgone over $4 Million in rate increases over the past several years. If they can "forgive" $4 M, how much are they really making? With all due respect to the City Administrator and the Director of Public Works,while I have confidence in their abilities,without being able to actually take a look at the Corporation's books to determine how much more profit this will actually bring them, the City Council, as you have done in other complicated matters—Bond issues, the Sr. Center etc, should retain an independent contractor to review and make recommendations. SUMMARY: 1) Hold over for 2-3 months in order to receive adequate public input. 2) Hire an outside consultant for their added expertise. Thank you for your time.