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HomeMy WebLinkAboutGREAT WESTERN RECLAMATION, INC.1977 pcs I CONTRACT FOR COLLECTION AND TRANSPORTATION OF SOLID WASTE REFUSE PRODUCED OR ACCUMULATED IN THE CITY OF SANTA ANA THIS CONTRACT, made and entered into this day of Jj t./ , 1978 by and between the CITY OF SANTA ANA, a municipal corporation of the State of California, hereinafter called "City, " and GREAT WESTERN RECLAMATION, INC. , a corporation organized under the laws of the State of California, hereinafter called "Contractor. " WITNESSETH RECITALS : 1. Contractor, by demonstrated experience, reputation and capacity is qualified to continue to provide for the collection of refuse within the corporate limits of the City of Santa Ana and to transport such refuse to places of disposal. 2 . The City Council of the City of Santa Ana, having determined such qualification, desires that Contractor be engaged to perform such services on the basis set forth in this contract. NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made and subject to all the teLms and conditions hereof, the parties hereto do hereby agree as follows : 1. Grant of Contract: City hereby grants to Contractor, for the term hereinafter set forth, the contract, right and privilege to collect and transport to City' s designated disposal site or sites all refuse (as herein defined) produced, kept and/or accumulated in the City of Santa Ana, and Contractor, subject to the teLms hereof, hereby accepts and agrees to faithfully perform such contract and obligation. -1- V C7 U2 2. Definitions : As used in this contract, the following words and phrases shall have the meaning assigned in this section, unless the context at the point of usage clearly requires a different meaning: A. Contract shall mean this contract, entered into between City and Contractor. B. City shall mean the City of Santa Ana. C. City Attorney shall mean the City Attorney of City. D. City Council shall mean the City Council of City. E. City Clerk shall mean the City Clerk of City. F. City Manager shall mean the City Manager of City. G. Code shall mean the Municipal Code of City, both codified and miscellaneaous ordinances. H. Contractor shall mean Great Western Reclamation, Inc. I. Director of Public Works shall mean the Director of Public Works of City. J. Garbage shall mean and include all animal and vegetable kitchen waste, all household waste which has resulted from the preparation of food, all table refuse or offal, and every accumu- lation of animal, vegetable or other matter that attends the preparation, consumption, packing, canning, storage and decay of meats , fish, fowls, vegetables and fruit intended for human and animal consumption. K. Solid waste shall mean combustible and noncombustible waste materials not included in the -2- \ term "garbage, " and shall include tree and shrubbery trimmings, lawn renovatings, grass , weeds, leaves , chips, paper, pasteboard, magazines, books, rags, rubber, carpets, clothing, boots , shoes , hats, furniture, bedding, bottles , cans, metals , mineral matter, glass, crockery, dirt, dust, packing boxes and cartons, crates, packing material and all other kinds of rubbish, trash or waste material which ordinarily accumulates in the operation of a household or a business. L. Refuse means garbage and solid waste, as such terms are defined herein. However, the term "refuse, " for purposes of this contract, shall not be deemed to refer to or include dead animals, manure, sewage waste or waste water, explosive substances, radioactive materials, materials which have been exposed to highly infectious or con- tagious diseases, or other highly dangerous materials. M. Service unit shall mean each of the following which receives standard service: Each single-family dwelling, each dwelling unit within a duplex, triplex or multifamily residential building, each apartment or condominium unit within an apartment or condominium building, and each business, professional, industrial or other non-residential use unit. N. Transfer Station shall mean any point or facility specifically designed for the transfer of refuse from one vehicle carrier to another vehicle or carrier. 0. Disposal Site shall mean any dump site, transfer station or other place specifically designed for the receipt and disposition of refuse collected by Contractor pursuant to this contract. -3- P. Standard Service shall mean curbside collection service required for all service units not arranging with the Contractor for bin service nor required by the City to obtain bin service from the Contractor. Q. Bin Service shall mean collection service pursuant to an agreement between the Contractor and his customers by which bin containers (dumpsters) are rented to the customers. R. Auditor shall mean the certified public accountant firm retained by the City for auditing services. S. Customer shall mean a user of Contractor' s bin service. 3. Scope of Service: Contractor shall furnish all labor, material and equipment necessary for and the collection of all refuse originating, generated and/or accumulated within the City boundaries as they now exist or may hereafter exist and disposal of such refuse at a lawful disposal site. 4. Collection Hours: All collections from residential areas shall be made between the hours of 5 : 00 a.m. and 8 : 00 p.m. , and collections from commercial and industrial locations, other than multi-family residential units or locations immediately adjacent to residential units, may start at 3 : 00 a.m. ; provided, that if the Director of Public Works determines that the commencement of collection in residential areas between the hours of 5 : 00 a.m. and 6 : 00 a.m. unduly and unnecessarily disturb the residents thereof, he may direct that collections in such areas shall be made between the hours of 6 : 00 a.m. and 8: 00 p.m. , and in that event Contractor agrees to comply with such order. -4- 5. Holidays: Where, on given route, the day of collection would be a legal holiday, Contractor shall collect along said route on the work day next following said legal holiday. Legal holidays for the purpose of this contract shall be New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and such other days as may be mutually agreed upon in advance by the parties. 6. Frequency of Collections : The Contractor will collect all refuse from all areas of the City at least once each week; and in addition, will provide more frequent service for those customers using the bin service supplied by Contractor as requested by a customer or as required by the City. 7 . Maintenance of Schedules: Presently existing routes, schedules , and times for collection of refuse shall be maintained, but may be changed by authorization of the Director of Public Works and after at least one week' s advance notification by Con- tractor to occupants of the buildings in the area where the changes are to be made. 8. Exclusiveness of Contract: The Contractor shall have the exclusive duty, right and privilege to collect, remove and retain all refuse originating within the City as herein defined, except as follows : (a) This Contract shall not prohibit the actual producers of refuse, or the owners of the premises upon which refuse has accumulated, from personally collecting, conveying, and disposing of such refuse, provided such producers or owners comply with any governing law or ordinances. (b) This Contract shall not prohibit collectors of refuse originating outside the City from hauling such refuse over City streets, provided such collectors comply with any governing laws or ordinances. -5- (c) Contractor ' s right to collect and/or dispose of refuse shall not be exclusive in the event of a failure to collect under section 10 during which Contractor fails to maintain substantially complete regular collection services pursuant to this Contract and the collection schedules then in effect, for any reason, including a strike by Contractor' s employees or similar labor dispute. The City may provide for collection and/or disposal by persons other than Contractor during such periods and may permit the public to obtain collection and/or disposal services from persons other than Contractor during such periods, including Contractor' s bin service customers. (d) Contractor shall not have the exclusive right to collect and dispose of any specified type of refuse for which the City Council establishes a recycling program, designed to direct the disposal of such refuse for purposes of reuse of the materials therein, unless Contractor com- plies with all the terms and conditions established by the Council for the collection and disposal of such refuse. The City shall not grant to any other person or firm the ex- clusive right to collect any specified type of refuse for recycling purposes until Contractor has been offered such right on the same terms and conditions and has declined to accept it. 9. Collection Points and Requirements : Contractor shall not be required to collect refuse from any service unit receiving standard service unless the same is placed on the curb along a public or private street, or along an alley having street access at both ends, and is placed in containers , packaged and other- wise prepared for collection in a manner prescribed by the City' s regulations covering the same. Under no circumstances shall Contractor be required to pick up and collect any material or matter which is not refuse as defined in this contract, or to pick up and -6- collect any refuse from service units receiving standard service which does not comply with the following standards and limitations: All refuse shall be placed in containers adequate to eliminate overflow or contamination of surrounding areas. Individual containers must not weigh in excess of 15 pounds empty or have a capacity exceeding 35 gallons. The total combined weight of the container and its contents shall not exceed 50 pounds. Cardboard or wood cartons acceptable as temporary containers will be considered as refuse and will not be returned. Any cardboard or wooden carton not specifically used as a temporary container must be broken down, flattened down and tied in bundles with strong cord or wire heavy enough to act as a handle, or shall be placed in other- wise acceptable containers. Cardboard, paper, magazines, palm fronds, tree limbs, brush, weeds and similar dry materials must also be tied in bundles with a heavy cord or wire strong enough to act as a handle, or be placed in other acceptable containers. Any such bundle or items shall not exceed four feet in length, eighteen inches in thickness, or weigh in excess of 40 pounds. Oil drums, grease drums and similar metal containers, paper grocery bags, broken wooden boxes and crates, broken or wet cardboard boxes, any container with sharp, rough, or jagged edges which may hamper or injure the handler, are not acceptable as refuse con- tainers and will not be picked up or emptied. Discarded household items, broken down and packaged in a size and to a weight easily handled by one man will be considered as refuse; however, large, heavy items not so broken down, including, with limitation of the generality thereof, water heaters, couches, tables , refrigerators , stoves, and other large pieces of furniture or house- hold equipment and similarly bulky items, will not be -7- treated as refuse collectable under this contract (except insofar as disposed of under the provisions of section 17) . All kitchen waste, ashes, hair clippings, floor sweepings and similar light materials must be well and securely wrapped to prevent spillage and to protect the public health and safety. Hot ashes will not be collected. Contractor shall not be required to pick up and collect more than 200 lbs. (including containers) for each service unit stop except at single- family dwellings, duplexes , and triplexes. 10. Failure To Collect Should the Contractor fail to collect and/or dispose of refuse in accordance with this Contract and the collection schedules then in effect pursuant to Section 7 , the City, after written notice to the Contractor, may collect and/or dispose of all or any part of such refuse, or initiate services to cause or promote its collection and/or disposal, using City employees or independent contractors , and the Contractor shall be liable for all reasonable expenses thereby incurred by the City. The City may give such notice for any specified individual omission by Contractor, in which event Contractor shall be allowed a reasonable time, not to exceed the close of the following workday to remedy such omission. In the event of substantial nonperformance by Contractor, for any reason, including a strike of Con- tractor' s employees, the notice shall continue in effect with respect to refuse originating thereafter as long as the omission continues. In addition to any other lawful means of effecting reimbursement from the Contractor, such expenses may be deducted by the City from money due or which may become due the Contractor. In addition, Contractor shall allow City the use, without charge, of any of Contractor' s collection vehicles, containers, and other equipment not then in actual use by Contractor which City shall deem necessary to provide collection and/or disposal services -8- pursuant to this section. The right of the City to enter upon and use facilities and equipment as specified herein shall extend for a period of ninety (90) days. 11. Default (a) Except as provided in paragraph (b) , in the event that any party hereto shall be in default of any term, condition or covenant hereunder, the nondefaulting party may give written notice of same to the designated agent of the other. The defaulting party shall have a reasonable period within which to cure or remedy same. Upon the failure of either party to so cure or remedy within said period, the nondefaulting party may cancel the contract. Upon such cancellation all obligations of the parties under this Contract shall cease except as provided in this section and section 12. Contractor' s failure to perform by reason of an employee' s strike or similar labor dispute shall not be deemed a default entitling the City to cancel this contract. (b) In the event Contractor claims default by City in the payment of any money due or alleged to be due to Con- tractor pursuant to this Contract, Contractor shall not be entitled to cancel this Contract if the City, within seven (7) days after receipt of notice of the claimed default deposits the amount in controversy into an interest bearing account in a commercial bank or lending institution and maintains such deposit until such time as a final judicial decision or agreement between the parties determines the rightful disposition of the said amount in controversy; provided that Contractor shall be deemed to have waived all claims to the said amount if no agreement is reached nor any legal proceedings initiated within ninety (90) days of the Contractor' s service of notice of default on the City. 12. Use by City of Contractor' s Equipment Upon cancellation of the Contract by either party for any reason prior to the end of the period specified herein as the term of the Contract, the City shall have the exclusive right to rent or lease and operate any or all -9- trucks, trailers, tractors and other items of equipment used by Contractor in the performance of the work specified in these specifications. The right of the City to enter upon and use facilities and equipment as specified herein shall extend following the date of cancellation of the contract for a period of ninety (90) days. The rental prices to be paid the Contractor under this section shall be such to adequately reflect the most current rental prices prevailing in the area at the date of termination. Any moneys due the Contractor for rental of the equipment under the provisions of this section may be withheld by the City and used by it for the purpose of paying any outstanding liens or payments due and unpaid upon the said equipment. 13. Complaints and Damages for Minor Breach (a) The City shall record all complaints and communications received by the City from persons and busi- nesses being served under the provisions of this Contract and all other incidents of failure to perform in accordance with this Contract noted by the City. Contractor shall likewise record all complaints received by Contractor and shall make available such records to the Director of Public Works or his representative at any reasonable time. At least once each workday the Contractor or his agent shall contact the Director of Public Works or his representative, and shall, whenever requested to do so, personally appear at the office of the Director of Public Works for the purpose of receiving such records. The Contractor shall promptly report in writing to the Director of Public Works as to the action taken or other disposal made of each complaint. (b) In the event that the Director of Public Works determines that the Contractor has failed to render performance in accordance with the requirements of this Contract, other than failures to collect refuse as specified in section 10, he may assess damages against the -10- Contractor as provided herein. The Contractor shall in all cases be given a reasonable opportunity to remedy the defect in performance prior to such assessment of damages. The Director of Public Works shall promptly notify the Contractor of any such assessment and Contractor shall have ten (10) days thereafter in which to request a hearing by the City Council, which may affirm, modify, or revoke the decision of the Director of Public Works. Such damages, unless revoked by the City Council, shall thereafter be set off against moneys due or to become due the Contractor. It is agreed that in the event of a breach by the Contractor of his performance requirements under this contract, it would be impractical or extremely difficult to fix the actual damage and therefore the Contractor agrees that upon such a breach he will pay to the City as liquidated damages and not as a penalty the sum of one hundred dollars ($100. 00) for each day on which such breach occurs, which represents a reasonable compensation for the loss incurred because of such breach. 14. Standards Ter Collection, Equipment and Noise Equipment used by the contractor for the collec- tion and hauling refuse shall be used so as to assure, in the opinion of the Director of Public Works, that adequate standards of collection will be maintained. It is the declared interest of the City that the Contractor be able to provide a variety of sizes of containers to meet the capacity requirements of commercial and multiple residential users. No material shall be permitted to leak, fall or be spilled onto City streets, alleys or highways. Any such leakage or spills occurring shall be immediately corrected and the area cleaned. The equipment used must be maintained in good mechanical condition and must employ adequate safety conditions for the operating personnel. All collections shall be made as quietly as possible and no unnecessarily noisy trucks or equipment shall be used. Employees of the Contractor who are un- -11- necessarily noisy or who violate the provisions of the State Motor Vehicle Code and/or any applicable City ordinance in the collection of said materials shall be dismissed. 15. Containers Containers used in bin service shall be of a design and size to contain, at all times, the contents therein in such a manner as to promote best possible house- keeping conditions. Bin service containers supplied by the Contractor shall, at all times, be maintained by him in a well-kept appearance. Users shall be responsible for the cleanliness, sanitation and deodorizing of such containers; provided, however, Contractor shall provide in his bin rental contracts for a bin cleaning service to be performed at the request of the customer or the City for a fee speci- fied in such contract. The containers of service units receiving standard service shall be replaced where found. Containers and lids thereof shall not be left in the street or on neighboring or adjoining premises. Trash containers shall not be thrown from the truck to the pavement or in any way damaged by unnecessarily rough handling. The City reserves the right, upon submission of proof by the owner, to with- hold sufficient compensation under the contract to adjust and pay any claim for refuse containers damaged by the willful or careless acts of the employees of the Contractor. 16. Supervision Performance of each of the provisions of the contract shall be under the direction and supervision of the Director of Public Works. The Contractor shall furnish the Director of Public Works every reasonable opportunity of ascertaining whether or not the work is performed in accor- dance with the requirements of the Contract. The Contractor shall designate a person to serve as agent and liaison between his organization and the City and shall maintain a telephone and a means for contact at all times during -12- periods of strike or other emergencies. The Director of Public Works may inspect the Contractor' s operations and equipment at any reasonable time and the Contractor shall admit him to make such inspections at any reasonable time and place. 17. Collection of Bulky Items In order to promote public sanitation and reduce fire hazards, Contractor shall provide to all resi- dential service units the service of curbside collection of bulky items such as couches, refrigerators, rugs , water heaters, and other items of solid waste which Contractor is not required to collect under section 9 because of size or weight, as follows : (1) Upon the written request of the City, and not more than once each year, on a date or dates to be agreed upon in advance between Contractor and the Director of Public Works, Contractor will provide such service, free of charge, to all residential service units; provided City shall reimburse Contractor for one-half (1/2) the actual costs incurred by reason of such extraordinary collection. (2) Contractor shall provide such service to any residential service unit requesting the same, within ten (10) days after receiving such request, for a fair and reasonably consistent fee per collection, to be paid to the Contractor directly. 18. Fees and Gratuities Contractor shall not, nor shall he permit any agent, employee or sub-contractor employed by him to, request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity for the collection of refuse otherwise required to be collected under this contract, except such compensation as is provided for in this contract. However, Contractor may make available to service units and the occupants thereof special services not provided for in this Contract (suchas the collection of -13- greater volumes of refuse per collection day than is re- quired hereunder) at the request of the owners or occupants of said residential units. 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 the Director of Public Works and at such rates as are reasonable, just and uniform for all persons requesting such additional services. All such direct charges shall be collected by Contractor. Nothing in this section or in this contract shall be construed, however, to require Contractor to render services of any kind to any person to the extent such services are not specifically required by the pro- visions of this Contract, or to require that Contractor, having rendered special or additional services not provided for herein to one or more persons, to offer or render the same services to any other person. 19. Title To Refuse: Title to all refuse collected pursuant to this contract shall be vested in Contractor upon being placed at the curb for collection. Contractor expressly hereby reserves and is granted the right to retain, dispose of and otherwise use such refuse, or any part thereof, in any fashion and for any lawful purpose desired by Contractor, in lieu of disposing of such refuse at City' s designated disposal site, and to retain any benefit or profit resulting therefrom. In the event, however, that the City establishes a recycling program for any specified type of refuse and the Contractor retains the exclusive right to the collection of such specified type of refuse pursuant to section 8 (d) , the Contractor shall collect and dispose of such refuse only in accordance with the terms and conditions established by the City for such recycling program. 20. Legal Relations And Responsibilities A. Applicable Laws: Contractor shall at all times comply with all applicable provisions of the Code, as now in effect or hereafter enacted, as well as -14- all other applicable County, State and Federal laws and regulations; provided, however, no amendment of the Code shall operate to change Contractor' s right to decline to pick up and collect any material or matter which is not refuse as defined in this Contract or to decline to pick up and collect refuse which does not comply with the standards and limitations set forth in this contract, or otherwise operate to materially impair the rights and privileges of Contractor hereunder. B. Personnel: No employee of Contractor shall continue to be employed on any work under this contract who is intemperate, discourteous, disorderly, inefficient or unduly noisy. C. Permits And Licenses: Contractor shall obtain all permits and licenses required by City, the County, State and Federal agencies. D. Worker 's Compensation Policy: Contractor shall maintain in full force and effect during the term of this Contract, a worker ' s compensation policy and such other forms of insurance as shall be required by law. E. Public Liability Insurance: The Con- tractor shall obtain, at its sole cost, and file with the City Clerk of the City, prior to exercising any right or performing any obligation pursuant to this Contract, and maintain for the period covered by this Contract, a policy or policies of liability insurance, or certificate of insurance, satisfactory to the City Attorney of the City, naming the City, its officers, agents and employees, as insured or additional insured, which provides coverage for liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of the perfor- mance by the Contractor, its officers, agents, or employees, or by City, its officers, agents, or em- -15- ployees pursuant to section 1 of this Contract, of the Contractor' s covenants hereunder, or any failure or omission thereof. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in not less than the following minimum amount: One million dollars ($1,000, 000) combined single limit. Said policy shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after thirty (30) days notice thereof has been given in writing to the City. The Contractor shall give the City prompt and timely notice of any claim made or suit instituted. F. Indemnification: The Contractor shall indemnify and save harmless the City, its officers and employees, against any and all damges to property or injuries to or death of any person or persons , in- cluding property and employees or agents of the City and shall defend, indemnify and save harmless the City, its officers and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers ' compensation claims , of or by anyone whom- soever, in any way resulting from or arising out of the operations in connection herewith, including operations of subcontractors and acts or omissions of employees or agents of the Contractor or its subcontractors. Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of this Contract. The Contractor shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance which, in its own judgment, may be necessary for its proper protection in the performance of the work. -16- G. Waivers: No acquiesence, failure or neglect of either of the contracting parties to insist on strict performance of any or all of the terms hereof shall be considered as or constitute a waiver of any term or condition of the Contract or any performance required thereunder, or any remedy, damage or other liability arising out of such refusal, neglect or inability to perform at any time. 21. Payment for Services Standard Service (a) As compensation for the performance in each calendar month by the Contractor of the standard service work des- cribed in this Contract, he shall receive from the City, on or before the fifteenth day of the following calendar month, an amount equal to the service unit rate multiplied by the total number of service units. (b) The total number of service units is stipulated to be 41,700 as of July 1, 1978. Such number shall be re- determined on January 1 and July 1 of each subsequent calendar year by the Director of Public Works. (c) The service unit rate shall be equal to the average of the monthly rates paid by the six cities of Anaheim, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, and Orange for similar services. Such service unit rate shall be calculated on July 1 of each calendar year and shall remain in effect for each ensuing one-year period. The service unit rate shall be calculated by the Contractor subject to the approval of the Director of Public Works. The information used by the Contractor in the development of the rate comparisons and calculations of the average rate and related adjustments shall be made available by the Contractor to the Auditor for his review and recommendation to the Director of Public Works as to the validity, sufficiency, and accuracy of the rate determination. The rates in effect in each of the aforesaid cities as of July 1 shall be independently verified by the Auditor. In the event the Auditor is not able to validate the rate within thirty -17- 1 days after July 1, the rate, when finally validated, shall be adjusted and paid retroactively to July 1. (d) In any of the six cities where the refuse collector' s service includes and is limited to residential and apartment buildings only, the rate of such city will be adjusted to compensate for the variation from services performed by the Contractor in Santa Ana. If any city changes its method of compensation for refuse collection, such city shall be excluded from the determination of the service unit rate unless the auditor recommends a method of adjustment for such city' s rates and the parties agree to accept the Auditor' s recommendation. (e) The service unit rate determined as of July 1, 1978 shall be effective upon the beginning of the term of this Contract. In addition, in order to compensate Con- tractor for labor adjustments of the first year, Contractor shall be paid an amount determined by the said July 1, 1978 service unit rate and the above said July 1, 1978 service unit number for the period commencing April 18, 1978 and ending on the initial date of the term of this Contract, to the extent such amount exceeds the compensation paid to Contractor by the City during such period under the previously existing Contract between the parties. (f) The method and procedure for determing the compen- sation due Contractor from the City for standard service is more fully described in Attachment A, attached hereto and incorporated herein. 22. Payment for Services Bin Service (a) The Contractor shall receive compensation for supplying bin service by direct billing of the customers receiving such service by means of agreements for the rental of bins entered into between the Contractor and each such customer. A copy of every such agreement shall be filed with the Director of Public Works by Contractor. The City shall not collect any fee for refuse collection services from Contractor' s bin service customers. -18- (b) The bin service monthly rates charged by Contractor shall be set by a schedule approved by the Director of Public Works. The schedule shall be such that the average cost of one collection of one cubic yard of refuse by Contractor pursuant to such schedule is equal to the average cost per cubic yard of collection in the four cities of Anaheim, Fullerton, Huntington Beach, and Orange which would occur if the rates in effect in those cities for similar services were to be charged to Contractor' s bin service customers in Santa Ana. (c) The average cost per cubic yard shall be calcu- lated on July 1 of each calendar year and shall remain in effect for each ensuing one-year period. Such average cost shall be calculated by the Contractor subject to the approval of the Director of Public Works. The information used by the Contractor in making such calculation shall be made available by the Contractor to the Auditor for his review and recommendation to the Director of Public Works as to the validity, sufficiency, and accuracy of the average cost determination. The rates in effect in each of the aforesaid cities as of July 1 shall be independently verified by the Auditor. (d) In any of the four cities where the refuse collector' s bin service includes apartment collections , the cost figure for such city shall be adjusted to compensate for the variation from bin service performed by the Contractor in Santa Ana. (e) The Contractor may enter into agreements with bin service customers for collection services in addition to or greater than the minimum collection services required by this Contract. Charges for additional bin capacity and/or additional collections per week shall be based upon the schedule established under subsection (b) hereinabove. Subject to the approval of the Director of Public Works, the Contractor may impose surcharges on customers to cover -19- increased costs incurred due to special collection problems; provided, Contractor shall be entitled to impose a surcharge of $2. 50 per month for castor wheels and to an additional surcharge for rolling work necessary to move bins to the collection point in accordance with Contractor' s current distance rates. (f) The method for determining the average cost per cubic yard of collection is more fully described in Attach- ment B, attached hereto and incorporated herein. 23. Minimum Service Levels - Multi-family Residential Buildings: City shall require that all residential buildings with four or more dwelling units be served by bin service, except that City may waive such requirement for any residential building existing on January 1, 1972 , upon a determination that no lawfully usable space is available for such container within the boundary lines of the subject property. The Contractor shall provide bin containers of such capacity and collections of such frequency for buildings required to have bin service by this section as to provide for refuse collection of not less than one-half (1/2) of one (1) yard of refuse collection per dwelling unit Per week. In all cases, collections shall be made at least once per week. In the event that the City Council determines that any specified area of the City containing several residential buildings receiving bin service has evidenced a need for more frequent collections than are required by the abovesaid mini mum and imposes such higher requirements on Contractor' s customers therein for sanitation or health reasons by appropriate ordinance or resolution, Contractor shall furnish such additional collections and shall be entitled to compensation from the customers to the same extent as if the customer requested such additional collec- tions from the Contractor. -20- Contractor shall also comply with any request by the Director of Public Works to change the scheduled collection days for residential bin service customers which is designed to promote conformity of bin service collections in any specified area of the City to improve sanitation or reduce noise. 24. Prohibition against Effecting Average Rate Increases Contractor shall not enter into any agreements or arrangements with refuse collection firms in any of the cities whose rates affect Contractor's compensation under sections 21 or 22 for the purpose of increasing the rates paid in such cities. 25. Compensation Reduction during Strike Period In the event that there occurs any period in which Contractor fails to maintain substantially complete regular collection services pursuant to this Contract and the collec- tion schedules then in effect, by reason of a strike by Contractor' s employees or similar labor dispute, or due to Contractor' s failure to pay his employees, and only if such period includes more than ten (10) normal collection days (weekdays) , then the following shall apply: (a) The City Council may assess damages against the Contractor in an amount which does not exceed the sum of the following: (1) The expenses incurred by the City in pro- viding collection and/or disposal services pursuant to Section 10; and (2) Fifty percent (50%) of the amount by which City revenue from fees collected for standard service by the City from the public is reduced due to any reduction or refund of such fees granted by the City Council to compensate such fee payers for the inconvenience experienced by them due to Contractor's failure to furnish full performance during such period. -21- (b) In assessing damages the City Council shall take into account the Contractor' s efforts to mitigate the incon- venience to the public receiving standard service. In particular, Contractor shall be given credit for service unit collections made by Contractor by having damages assessed, subject to the abovesaid maximum, in approximately the same proportion to the compensation due Contractor for standard service during the subject period as the number of service unit collections which Contractor failed to make bears to the total number of service unit collections which should have been made pursuant to this Contract. (c) In addition to any other lawful means of effecting recovery of the damages assessed against Contractor, the amount thereof may be deducted by the City from money due or which may become due to the Contractor, either in single sum or in installments. In the event Contractor objects to such assessment or set-off, he shall nevertheless maintain full performance under this Contract, reserving all rights to subsequently litigate the propriety or amount of the damages assessed. (d) Refunds or reduction of payments of Contractor' s bin service customers shall be the sole responsibility of Contractor. Contractor covenants for the benefit of each such customer to grant a reasonable and fair refund or reduction or compensatory service; provided, however, that the Contractor may condition such refunds or reductions or compensatory service upon the customer' s filing of a claim for the same with the Contractor. To the extent bin service collections are made at City expense in the absence of Contractor' s performance, Contractor shall be liable to the City for a proportionate amount of the customers ' payments due to the Contractor. 26. Term of Contract (a) The term of this Contract shall begin on the first day of the first calendar month following the date of -22- execution hereof, at which time the previously existing contract between the parties hereto shall be of no further force and effect except as to any rights or obligations which have accrued to either party pursuant to said previousa contract prior to such date. The term of this Contract shall extend to, June 30, 1983\and thereafter to June 30 of such subsequent year as the parties may mutually agree upon. (b) In 1982 , and in any other calendar year preceding a year in which any renewal of this contract terminates, the parties shall meet and confer during the period July 1 through December 31 of each calendar year, concerning renewal, with or without amendment, of this Contract. In the event that the parties fail to reach agreement on renewal of this contract during such period this Contract shall terminate June 30 of the following calendar year. 27. Compensation Adjustment (a) If at any time during the term of this Contract there shall be levied a charge for disposal of refuse at the City' s designated disposal site, the City of Santa Ana shall reimburse the Contractor monthly for all such charges levied against him during the previous month for refuse collected within and hauled from the City of Santa Ana, provided, how- ever, the City may elect not to reimburse Contractor for such charges as apply to bin service disposal, in which event Contractor may immediately impose a surcharge on bin service customers to compensate for such charges, to the extent such charges are not included in the rates of the other cities by which Contractor' s compensation under Section 22 is determined. (b) No increase in the compensation due Contractor other than under sections21 and 22 shall be made unless Contractor demonstrates to the satisfaction of the Auditor that Contractor has become subject to substantial cost increases for reasons beyond Contractor' s control to the point that it is no longer profitable for Contractor to -23- continue in business without a compensation increase. In such event the increase in compensation shall not exceed an amount necessary to allow Contractor the recovery of such cost increases as determined by the Auditor. 28. Sub-Contractors, Management, and Stock Transfers (a) The Contractor shall not assign, transfer, or sub- contract the Contract nor any part thereof without first obtaining the consent of the City Council, except that the Contractor may sell or otherwise dispose of refuse and salvaged materials after the same have been collected. (b) Contractor shall retain Thomas L. Blackman, Thomas S. Blackman and Ronnie T. Blackman in positions of management of the Contractor' s operations as long as the said persons are able and willing to continue in such service, except insofar as a change in management may be previously approved by the City Council. (c) The City may cancel this Contract pursuant to Section 11 in the event of a breach of the covenants in subsections (a) or (b) hereinabove, or in the event that a majority of the shares of stock in Contractor are sold or otherwise transferred, without the prior consent of the City Council, by SCA Services, Inc. , or by any subsequent owner (s) of such shares who acquire ownership pursuant to such consent. 29. Accounting and Auditing (a) The Contractor shall maintain financial records in accordance with generally accepted accounting principles. Contractor represents that since April 1, 1978 Contractor' s methods of financial record keeping and accounting provide for separate accounting and identification of revenues and expenditures related to its operations in the City of Santa Ana, and covenants to continue such methods during the term of this Contract. (b) Contractor shall make its records, reports, and methods of accounting available to the Auditor during normal -24- business hours to allow the Auditor to review Contractor' s accounting systems, procedures, and costs. Such reviews shall be conducted by the Auditor at any time as directed by the City. The Auditor shall have access to the cost data for Contractor' s total operation as well as to the portions thereof relating to the City of Santa Ana, if the Auditor reasonably deems such information to be relevant to his duties pursuant to this contract. (c) Any report from the Auditor to the City resulting from the Auditor' s review of Contractor' s records shall be limited to a letter of compliance relating to accounting procedures and to the identification of Contractor' s costs , and shall not set forth Contractor' s actual operating results. The Auditor shall also make such recommendations as he deems necessary as to the adequacy of Contractor' s data collection methods, and as to the availability and sufficiency of the information, including direct, indirect and joint costs , with respect to any request pursuant tc> section 27 (b) by Contractor for increased compensation, and shall furnish the City with his opinion as to whether the increase is supportable by Contractor' s records. 30. Bond The Contractor shall, prior to the initial date of the term of this Contract, execute and file with the City Clerk a surety bond in the penal sum of one hundred thousand dollars ($100 , 000. 00) conditioned upon the faithful performance of this Contract by the Contractor and his subcontractors, if any. Said bond may be written for a term of one year, and may thereafter be renewed by certificate, provided however, that the Contractor agrees to maintain such bond or bonds in force for the complete term of this Contract. 31. Notices Any notice required by this Contract shall be sufficiently served if personally delivered or if deposited -25- into the U. S. Mail, postage prepaid, and if addressed as follows: (a) If served by Contractor upon City: Director of Public Works City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 (b) If served by City upon Contractor: President Great Western Reclamation 1800 South Grand Santa Ana, California 92705 32. Gender and Number As used herein, the masculine gender shall include the feminine and neuter, and the singular shall include theplural. 33. Validity The invalidity in whole or in part of any provision of this Contract shall not void or affect the validity of the other provisions of this Contract. 34. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written. ATTEST: CITY OF SANTA ANA, a agebioQ L� �� ++� municipa Torporation .1 the ts.K,e.e� e�C` ,lX� State o liforni. CLERK OF THE COUNCIL Ey. jam,;- . ' - MAYOR �l� APPROVED AS TO FORM: CIT" A TORNEY GREAT WESTERN RECLAMATION, INC. , a California Corporation By: / .,- / V3 ' E- 'RES IfNT By SECRETARY -26- ATTACHMENT A STANDARD SERVICE GENERAL COMMENTS 1- The Residential Average Rate shall be determined using the prevailing rates, as adjusted, in the cities of Anaheim, Costa Mesa, Fullerton, Garden Grove, Huntington Beach and Orange. 2- The prevailing rates to be used in this procedure shall be the published rate for determining contractor payments, regardless of the base unit to which it applies. a- The base unit for residential rates varies from city to city. For exnmpie, Anaheim uses electric meters while Santa Ana has used water meters and other cities use service units. b- Effective July 1, 1978, Santa Ana's base unit shall be changed to service units as follows: NON-BIN SERNICE UNITS - - - Single Family 35, 008 Business 2,156 Duplex 3, 098 Triplex 765 apart .ents 673 Total Service Units 41,700 3- The prevailing rates shall be adjusted whenever a city's residential contract i_cludes_ apar ment service. a- This adjustment is to compensate for the effect the apartment revenue has on the residential rates. b- The basis for the calculation of the adjustment shall be the actual apartment service being provided in the City of Santa Ana as determined by the records of the City's contractor. c- The amount of the adjustment shall be the difference between the total incdme from that service under 1 Santa Aria rates and the total income from the same service under other cities' rates. d- The adjustment shall then be divided by the total . residential service units in Santa Ana and applied to the appropriate city's prevailing rate. • is • PROCEDURE • 1- Detetudne the prevailing rates of each of the cities and record on Schedule A attached. 2- Determine which of the cities require an adjustment for apart- ment service and detet.uine their method and rates for payment. Summarize that information on Schedule B attached. • 3- Determine the actual apartment service provided in Santa Ana and record on Schedule C attached. 4- Calculate the revenue amounts using the rates from Schedule B • and the service from Schedule C. Record the revenue amounts as shore on Schedule C. - 5- ' Summarize the revenue difference and divide by the total Santa - Ana service units. The resulting rate per service is the ad- justment. to be entered on Schedule A_ • 6-- Complete Schedule A by adding the adjustments to the prevailing • rates and averaging the adjusted rates. - The above comments and procedure, with attached Schedules A,B and C, specifically define the method-of determining a Residential Average Rate_ This procedure will be used to determine an average rate as of July- i, 1978, using rates in effect July 1, and each July 1 thereafter during the term of the contract. - - SCHEDULE A RESIDENTIAL AVERAGE RATE PREVAILING ADJUSTED RATE ADJUSTMENT RATES • Anaheim $ $ $ Costa_Miesa Fullerton Garden Grove Hunt3.ngton Beach _ Orange - - • Total Adjusted Rates $ Average Rate - $ SCHEDULE B ADSUSTIIENT TO ANAHEIM RESIDENTIAL RATE The following rates apply to apartment service in Santa Ana. - Weekly Frequency of Service Bin Size 1 2 3 4 5 6 1 Cubic Yard 2 Cubic Yard 3 Cubic Yard 4 Cubic Yard The following rates apply to apartmentservice in - - The following rates apply to apartment service in SCHEDULE C APARTMENT REVENUE ADJUSTMENT SANTA ANA SERVICE REVENUE REVENUE REVENUE No. Units, w/bin svc. (1) $ $ $ No. Units, w/o bin svc. {1} - - No. Units, sharing bins (1) Bin Service. 1 c/y, xl 2 c/y, xl x3 - - - 3 c/y, xl x2 - - x3 x4 x5 x6 4 c/y, xl x2 x3 x5 Totals Revenue Difference Total Residential Service Units, Santa Ana 7 Rate per service unit (1) Most apartments have commercial bin service but some share a bin with other apartments and others receive only weekly residential service. These three (3) categories will identify the total number of apartment units in Santa Ana. - ATTACHMENT B BIN SERVICE GENERAL. COMMENTS 1- The Commercial Average Rate Per Cubic Yard of Service shall be determined using current average rates, as adjusted, in the cities of Anaheim, Fullerton, Huntington Beach and Orange_ 2- The City of Anaheim has two service and rate schedules, one for commercial and one for industrial_ Each shall be calculated separately and the average of the two used as their average rate per cubic yard of service. 3- Apartment revenue, for some contractors, is determined by separate rate schedules. The effect apartment revenue has on the average rate per cubic yard of service shall be calculated separately and included as an adjustment to the current average. PROCEDURE 1- Complete the attached procedure for the determination of average rate per cubic yard of service. 2- The result of that procedure is thea recorded on the attached Rate Sumter/ schedule in the column entitled "Current Average." 3- Complete the attached Procedure for the adjustment for _ attar Ment revenue. 4- That procedure's result is then recorded on the attached Pate Summary schedule in the column entitled "Apartment Adjustment." 5- Add those two columns for each city and record the sum as the 'Adjusted Average." 6- Complete the Pate Summary by adding the adjustments to the current average and averaging the adjusted rates. The above comments and procedure, with the attached procedures and schedules, specifically define the method of determining a Commercial Average Rate Per Cubic Yard of Service. This procedure will be used to determine an average rate as of July 1, 1978, using rates in effect July 1, and each July 1 thereafter during the ter,u of the contract: RATE SUMMARY CONI' RCLAAL AVERAGE RATE PER CUBIC YARD OF SERVICE (1) CURRENT APARTMENT ADJUSTED AVERAGE ADJUSTMENT AVERAGE • (2) Anaheim $ $ $ Fullerton Huntington Beach Orange Total Adjusted Rates Average Rate $ - Cl)Since the apartment revenue, for some contractors, is determined by separate rate schedules, the effect the apartment revenue has on the average rate per cubic yard of service is calculated separately_ {2}A ahem has two rate and service schedules, one for commercial and one for industrial. Each is calculated separately and the average of the two is reflected here. • I 8 1 PROCEDURE ADJUSTMENT FOR APARTMENT REVENUE 1- Develop a single basis to which each contractor's apartment rates can be applied. Use the actual service being provided in Santa Ana for this base: • A- A summary of actual Santa Anaaparuuent service is included in the procedure for determination of average rate per cubic yard of service. Use that summary for this calculation. 2- Develop the service and rate schedules for each contractor by contacting each city and verifying the information with the contractor. Actual schedulesoffered take precedence over contracted schedules. A- Contractors whose services include only residential and apartments shall be excluded from this calculation and used in determin_ingan adjustment to residential rates. B- Record or exylain the appropriate apartment rates on Schedule G. 3- Calculate the total cost to Santa Ana apartments if their service was - .provided under the service and rate schedules shown in Schedule C. See Schedule H for format. A- When required, Use Schedule D in the procedure for determination of average rate per cubic yard of service to determine contractor's service minimums. 4- Determinethe necessary adjustment to the average rate Per cubic yard of commercial bin service_ See Schedule J for format_ A- Subtract the Santa Ana aparuaent revenue from the potential apartment revenue under other cities' rates. Santa Ana revenue is calculated in Schedule A of the residential average rate calculation_. - B- Divide the result by the number of monthly cubic yards of commercial service as shown in Schedule B of this calculation. 1 1 PROCEDURE DETERMINATION OF OF AVERAGE RATE PER CUBIC YARD OF SERVICE 1- Develop a single basis to which each contractor's rates and service schedules can be applied_ Use the actual service being provided in Santa Ana for this base: - - A- Develop a soapy of actual Santa Ana apartment service by reviewing the Great Western customer records_ See Schedule A for sP—.',y format. B- Develop a summary of actual Santa Ana commercial bin service, - excluding apartments; byreviewing the Great Western customer records. See Schedule B for su pry format- 2- Develop the service and rate schedules of each contractor by contacting - each city and verifying the information with the contractor. Actual schedules offered shall take precedence over contracted schedules_ See Schedule C for £o±-!=t. - - " -. 3- Develop the ninta.,n service offered by- each contractor that would be required to meet the service needs of Santa Ana. Then, determine the corresponding rates of each contractor. See Schedule Dfor format. _ A- The Santa Ana service and numoer of cont�iner5 are shown an - - Schedule B. - - - deter- ___ . B- The Santa Ana service requirement i5 the cubic yardageu'12 w2211 mined by multiplying the size of the container by y S - frecue_ncy of service_ - - - - - C- A contractor's minimum service shall be the minimum service offered by his service schedule that is at least equal to the ' Santa Ana service requirement, with both expressed in cubic : _ yards. - . D- Schedule C will provide all data necessary to deteLsiine each - contractor's minimum service and corresponding rates. 4- Calculate the tote cost to Santa Ana customers if their service was provided under the service and rate sched"1es used in the cities of and Oran See Schedule E for Anaheim, Fullerton, Huntington Beach get . format. A- Refer to, Schedule D and multiply the number of containers by the contractor rates for each Santa Ana service level_ - B- Total the results of the previous exercise_ - 5- Calculate the average rate per cubic yard of Santa Ana service for - - - each contractor. See Schedule F for format_ A- Divide the total cost to Santa Ana customers (Schedule E) by the total cubic yards of serricerequired in Santa Ana - (Schedule B) . - - - SCHEDULE A SANTA ANA APARTMENT SUMMARY No. of Units Units With Bin Service Units Sharing Bin Service Units Without Bin Service Total Units Units With Bin Service - - - Serviced Once A Week Serviced Twice A Week Serviced Three Times A Week Serviced Four Times A Week Serviced Five Times A Week Serviced Six Times A Week No. Of Bins In Service Size in Cubic Yards 1 2 3 a notal Serviced Once A Week Serviced Twice A Week Serviced Three Tires A Week Serviced Four Times A Week - - Serviced Five Times A Week Serviced Six Times A Week SCHEDULE B SANTA ANA COMMERCIAL SUMMARY NUMBER OF CONTAINERS (1) CUBIC TOTAL - APARTMENTS NET YARDS l c/y, xl 2 c/y, xl x2 x3 x4 x5 x6 3 c/y, xl • x2 x3 dx . - x5 x6 a c/y, xl x2 x3 x4 x5 x6 • per wk_ per mo. per yr. (1) Cubic yards equals size of container times weekly frequency of service times net number of containers. SCHEDULE C CONTRACTOR SERVICE AND RATE SCHEDULES Santa Ana Weekly Frequency • Bin Size 1 2 3 4 5 6 1 c/Y 2 c/y 3 c/Y 4 c/y Anaheim (Conutercial) - _ Weekly Frequency Bin Size 1 2 3 4' 5 6 1 city 2 c/Y 3 c/y 4c/Y Anaheim (Industrial) - - - Weekly Frequency Bin Size 1 2 3 4 5 6 1 c/Y 2 c/y 3 c/Y .. 4 c/y SCHEDULE C (cont_) Fullerton Weekly Frequency Bin Size 1 2 3 4 5 6 1 c/y 2 c/y 3 c/y 4 c/y Huntington Beach Weekly Frequency Bin Size 1 2 3 4 5 6 • 1 c/y 2 c/y 3 c/Y 4 c/y Orange Weekly Frequency Bin Size 1 2 3 4 5 6 idly • 2 city 3 c/y • 4 c/Y • W lin b a 7 U r i.y n I Z • X X X X X X X X X X X % X X X X X X • LP .p w N r C N A w N) r W 47e a w. N r r V] • • to n Z O 0 • m . rt P.1 0 r HI CDCD tj VI T k' < < O rt • A p.1 so `z,1 a CD cn < s n o 0 • I z H n p 0 0 K 3 *3 CD . 0 m In n 7 IP-1> r�-y C c m r m m 0 C 0 3 • i H • co • r- • •ri (n < r O r m !-t rr P t m r- • f rt - • < < n • • rr 0 fto CD rt w CD EL. • a W < 0 .• f'i m D.) m 11:D SCHEDULE E POTENTIAL CUSTOMER COST SANTA ANAHEIM ANAHEIM HUNTINGTON SERVICE ANA COMMERCIAL INDUSTRIAL FULLERTON BEACH ORANGE 1 c/Y, xl c/Y, xl x2 x3 x4 x5 x6 3 c/Y, xl x2 x3 x4 x5 x6 - - 4 c/Y, xl - - x2 x3 x4 x5 x6 - - Total SCHEDULE F AVERAGE RATE PER CUBIC YARD OF SANTA ANA SERVICE • COST TO CUBIC AVERAGE CITY CUSTOMERS YARDS - RATE (1) Anaheim Fullerton Huntington Beach Orange (1) The average of Anaheim-Commercial and Anaheim-Industrial SCHEDULE G APARTMENT SERVICE AND RATE SCHEDULES Santa Ana - - Weekly Frequency Bim Siva 1 2 3 4 5 6 1 c/y 2 c/y 3 c/y 4 c/y Weekly Frequency Bin Size 1 2 3 4 5 6 1 c/y 2 c/y . 3 c/Y 4 c/Y Weekly Frequency Bin Size 1 2 3 4 - 5 6 I c/y 2 c/y 3 c/Y 4 c/y a- $ per bin, plus b- $ per month for each unit, plus c_ $ per month, per unit for each weekly bin pick-up in excess of once per week. SCHEDULE_H _. POTENtIAL APARTMENT REVENUE' SERVICE REVENUE REVENUE REVENUE No. Units, w/bin svc. $ $ No. Units, w/o bin svc. No. Units, sharing bins Units with bin service Svc'd Once A Week Svc'd Twice A Week Svc'd Three Times A Week Svc'd Four Times A Week - - - Svc'd Five Times A Week - - Svc'd Six Times A Week Bin Service: 1. c/y, xl 2 c/Y-, xi x2 x3 3 c/y, xl x2 x3 x4 x5 xo 4 c/Y, x1 x2 x3 x5 t i t s 1 SCHEDULE 3 ADJUSTMENT FOR APARTMENT SERVICE Potential Apartment Revenue $ - $ . $ Santa Ana Apartment Revenue Net Difference Monthly Commercial Service r - Effect Per Cubic Yard $ $ • • • MEMORANDUM r."4At - Public Works Director ‘', July 12 , 1978 To: % Date: From: City Manager �_ , o-f, *r,* Subject: IMPLEMENTATION OF NEW TRASH CONTRACT It is my understanding that the action of the City Council on July 11 approving the proposed new trash contract with Great Western was subject to the stipulation that the Council must approve the new rates. There- fore,- I will continue to trail on each future agenda of the City Council as a status report on the new trash rates and hope that if the informa- tion is not available at the time the agenda is completed , that we may still have it by the Council Meeting and that its presentation to and acceptance by the City Council will be a formality and not a subject of great controversy. Please monitor this situation closely and advise. aTruce C. Spragg ms Attachments cc : City Attorney i Clerk of the Council Finance Director SANTA ANA REFUSE COLLECTION RATES (DRAFT ONLY) t - RESIDENTIAL: $2.25 per month per unit I COMMERCIAL: _—_ ' lX 2X 3X 4X 5X 6X 2 Cubic Yard $20.00 27.00 34.00 41.00 48.00 55.00 3 Cubic Yard $26.00 34.00 42.00 50.00 58.00 66.00 4 Cubic Yard , $32. 00 ) 41.00 50.00 59.00 68.00 .77.00 J, • Comments: • (A) Six City Average Residential Rate $2.25 (B) Four City Average Commercial Rate per Cubic Yard of Service $1.21 (C) Santa Ana Average Commercial Rate per Cubic Yard of Service $1.18 Note: These rates are NOT final. They are based on Santa Ana service provided during negotiations. The present contract requires that we update those statistics to July 1, 1978. We are in the process of doing that. ESTIMATED NEW TRASH RATES RESIDENTIAL COSTS PER MONTH Payment to Contractor Resident Charge Estimated % Estimated Present New Increase Present New Increase Single Family $2.13 $2.20 3.3% $2.38 $2.50 5% Duplex, Per Unit 2. 13 2.20 3.3% 1 .95 2.05 5% Triplex & Apts. not on Bins, Per Unit 2.13 2.20 3.3% 1 .78 1 .87 5% COMMERCIAL BIN RATES PER MONTH (Approximately 20% Increase) Estimated Container Size Pickups Per Week Present Rental New Rental 2 cu. yd. 1 $17 $20 6 43 52 3 cu. yd. 1 23 28 6 53 64 4 cu. yd. 1 28 34 6 63 76