Loading...
HomeMy WebLinkAbout08/19/1992 BAKERSFIELD Kevin McDermott, Chair Patricia J. DeMond Ken Peterson Staff: John W. Stinson AGENDA BUDGET AND FINANCE COMMITTEE Wednesday, August 19, 1992 12:00 Noon City Manager's Conference Room ' 1. Community Development Block Grant Funds Amendment for First Quarter of Fiscal Year 1992-93. (Jake Wager) 2. Bena Landfill Distance Rate Offset for Kern Refuse, Inc. (Paul Dow) 3. Set Next Meeting ~.i /' MEMORANDUM August 19, 1992 TO: Jake Wager, Economic Development Director FROM: George Gonzales, Community Development Coordinate SUBJECT: Amendment for First Quarter FY 1992-93 ' This department has recently received a request from Clinica Sierra Vista for CDBG assistance to develop a project in the Lakeview area. Currently, Clinica is operating their health care program at 231 Baker Street. They have outgrown this facility and are looking for a new location. Clinica needs a minimum of 1 1/2 - 2 acres to accommodate their proposed 10,000 - 15,000 square febt medical facility. The City currently owns a vacant 125 x 150 foot parcel at 823 Lakeview Avenue (south of Claredon Street on the east side of Lakeview). Clinica's proposal requests assistance in acquiring the parcels on the east side of Lakeview between Potomac and Clarendon, which includes the City owned property. According to our preliminary calculations the City's 125 foot frontage is valued at $32,000 or approximately $260 per linear feet of frontage. Based on the above figure, the cost to acquire the remaining 275 linear feet is approximately $71,500. The acquisition of this property would not require any relocation. The only other costs would be those associated with escrow, appraisals and staff direct delivery costs -- approximately $30,000. Since the majority of their clients reside in their jurisdiction, Clinica would also seek matching CDBG funds (in an amount yet to be determined) from the County Community Development Department. Clinica's anticipated budget for the construction ,of their new facility is $1.5 million. They will be generating these funds from their own sources. Councilmember Lynn Edwards has been informed of Clinica's interest in developing in the Lakeview area. Another project which would be included in the amendment is the Tulare Curb & Gutter Project. Ninety-two thousand dollars is being recommended to complete the Tulare Curb & Gutter Project. This project was.originally deleted from the proposed 91-92 Capital Improvement Projects funded with CDBG funds because of ADA compliance requirements. The balance of the funds will be used to make a number of minor modifications resulting from the 6% cost allocation proposed by the Finance Department. CSV2.MEM Jake Wager Economic Development Director August 19, 1992 CDBG FUND Amendment #1 Funds Available Direct Cost Allocation $ 41,150 Housing Development Assistance 80,000 Fire Station '#2 77,860 Total $199,010 Proiects Clinica Sierra Vista Clinic $107,590 Tulare Street Curb & Gutter 91,420 Total $~199,010 The East Bakersfield Community Health center Construction Project Executive Summary The East Bakersfield CommunitY Health Center (EBCHC), owned and operated by C//n/ca Sierra Vista, is an existing facility currently located at 234 Baker Street, Bakersfield. This medical facility provides comprehensive primary care services to the Iow-moderate income populations residing in the southeastern urban areas of metropofitan Bakersfield. Clients have access to a multi-speciality medical practice which includes Family Practice, Pediatrics, Internal Medicine and OB/GYN, as well as other on-site services such as lab, pharmacy, perinatal care and education classes, substance abuse per/natal counseling, .individual and family counseling, nutritional counseling and education classes, WIC (Women, Infants & Children) supplemental food program, HIV testing and counseling, and healthcare services for homeless 'clients with chronic medical problems. EBCHC first opened its doors in 1984 and since that time has seen tremendous growth and demand for services. Today, EBCHC's current facilities can~ no longer accommodate the growth and staff are having to make haled decisions on how many new patients each service is able to accommodate. To resolve this situation and to keep pace with the demand for services by the' ever-growing population, Cli'nica is proposing to construct a new $1.5 million, 10,000-15,000 sq.ft. medical COmplex providing enhanced pdmary care, preventive and education services on-site. Clinica is currently reviewing available property that is minimally I 1/2 - 2 acres in size to accommodate the proposed facility and parking requirements. Property - meeting these expectations has been identified in the Lakeview area situated on Clarendon and Lakeview streets and allows the EBCHC to continue to provide · services inits current service area. This property is partially owned by the City and' by three other private owners. We are proposing to the Bakersfield Community Development Corp. that they assist in the acquisition of this property and grant the property to Clinica. This award · lends the equity· needed when Clinica applies for County CDBG funds and for other construction monies. This partnership will bring the needed "shot-in-the-arm" to the revitalization of the Lakeview area, and we look forward to being a "pathfinder"in this endeavor. ,/ Attachment E Clinica Sierra Vista is a non-profit organization receiving federal funds from section 329 (Migrant), Section 330 (CHC), and Section 340 (Homeless) of the Public Health Services to assist in subsidizing revenue sources. It was created out of the unmet health care needs of m/grant and seasonal farmworkers. The Kern County Health Committee, Inc. was prompted in creating the program primarily because of the inacCessibility of farmworkers to primary health care resources. In 1971, Clinica de los Campesinos, a non-profit corporation based in Lamont, began proViding services to the area's population, housed in a trailer situated in the park. In 1972, the program was moved to a storefront building, and in. 1975, a permanent facility was constructed and' the organization's name changed to Clinica Sierra Vista, Inc. .1973-1977proved to be a dramatic growth period in which the service area of Clinica Sierra Vista (Lamont/Arvin) was designated as a Health Manpower Shortage Area (HMSA), allowing the area to be eligible for physician staffing from the National Health Service Corp (NHSC); two education/preventive programs - Women, Infants and Children (WIC) and the Maternal Child Outreach Program (MCOP) - were brought on board; a computer system to handle accounting processes and data gathering was implemented; and a special grant to initiate dental services was received. A dental facilitY was completed and services began in' 1977. During 1978-1981, the computer system was upgraded to an IBM-34 to provide additional data capabilities, an additional 5,000 sq. ft. was'constructed to accommodate expanding programs and services in medical,J WIC, and accounting, and the Lamont/Arvin area was designated as a Dental HMSA, allowing the recruitment of NHSC dentists. In 1978, the computer system was again upgraded, to an IBM-38, to provide on-line capabilities to all satellite clinic sites. To date, Clinica Sierra' Vista, Inc., operates six centers, and oversees operations of the Toiyabe Indian Health Service program as requested by the federal government. The first satellite clinic opened in 1978 and was named the Frazier Mountain Community Health Center, providing full-time medical care to the isolated rural communities of Frazier Park and Lebec. This Particular area is unique in that it is a one person provider clinic for the entire service area and there are no hospitals in the immediate vicinity. The physician practicing at this satellite is truly the "hometown doc". The second satellite, the Kern River Health Center, opened in 1982. Originally located in the Kernville area and operating out of tWo modular buildings, the growth in patient population and services created the' need for a larger, more modern facility. In 1989, the center moved its operations into a new 7,000 sq. ft., $1.2 million facility located in Wofford Heights. The new facility now accommodates increased exam rooms, laboratory, x-raY, future pharmacy, and a large conference roorfi available to community groups for Use. The third satellite clinic, the East Bakersfield Community Health Center, located in southeast urban Bakersfield, opened in 1984. Funding for this site was initially .. 'received from the Jobs Bills, but has since been declared a Medically Underserved Area (MUA) and receives.funding under the Community Health Center program. .Dudng' 1987, · increased growth in patient population resulted in a substantial remodeling of the 10,000 sq. ft.. facility to accommodate expanded Services and programs. Our fourth site is the Death Valley Health Center located in Shoshone, 'lnyo County. In 1985, we were contaCted by the Death Valley Health Center which had recently Separated from its sponsoring organization, at.which time we officially became their grantee and operator. This "frontier' rural site serves a vast area encompassing. Death Valley National Monument and SOuthern Inyo County with patients traveling 100 miles to receive medical care at Death Valley Health' Center. Currently, the COmmunity and staff are beginning the process to renovate and remodel a permanent, larger facility. Completion will be mid-1992. The McFarland Community Health Center became our fifth satellite clinic and began services in 1988. With' increased media focus on the "cancer cluSters" in McFarland, a side-effect was also'the illumination of the lack of accessible healthcare services to the community area. As a result of this attention, we were approached by the community and the State in providing primary medical services. The McFarland Community Health Center was granted "intermittent" status permitting ~he facility to be opened one' day per week, ~fter securing public/corporate donations and State Funding. In 1989, the center's operating hours expanded to three days per week in order to accommodate the demands for primary care services from the community area. Currently, we are working towards securing permanent funding to provide continued services of the McFarland Community Health Center. The Indian Health Services program we monitor is the Toiyabe Indian Health Program, operating three locations (Bishop, Lone Pine, and Coleville) in the Owens Valley of Eastern Sierra. Since 1985, we have been asked by DHHS to assume Partial responsibility for the non-indian operations of this project. Demographically, our patients are ethnically composed of Hispanic, Caucausion, Black, Indochinese, Native American, Arab,.Philippine, and Indian; and are Iow to moderate income, often benefitting from our sliding fee scale. All sources of payment are accepted including Medi-Cal, Medicare, and private insurance. Programs and services which are in place to meet the growing needs of our patients are comprehensive primary medical services, dental Services, pharmacy, laboratory, x-ray, WIC (Nutrition), Clinical Nutrition, MCOP (prenatal care), Information & Education (teen family life education), FCCS (family counseling), child abuse treatment/prevention; pregnant substance abuse patients, HIV education and testing, homeless health care, social services and transportation. The history of Clinica Sierra Vista, Inc. has shown enormous growth since its inception 20 years ago and as we look to the future, we strive to remain innovative and creative in our defivery of services and diversity of programs to meet the needs and demands of our patients. Clinica Sierra Wsta is required by the mandates of federal and state funding to provide services in a non-religious and non-political fashion. Clinica Sierra Vista is experienced in receiving numerous federal, state and local grants. FUNDING SOURCES FY 1991/1992 Contract/Grant allocation Source S Amount US Public Health Migrant (329) Rural Health Initiative (330) Federal $2,131,479 Homeless Program (340) Federal 101,665 Office of Family Planning, Title XX State 79,475 Office of Family Planning, I&E .State 89,000 Smoking Cessation, Prop 99 State 24,833 Women, Infants and Children State 863, 699 offiCe of Family Planning, HIV State 51,929 MCH, Black Infant Project State 3,263 OCAP-Perinatal Substance Abuse State ' 71,900 AB 75/Prop 99 State 252,069 CAPIT State 35,968 United Way Local 5,000 Kern County HIV/AIDS Consortium Local 5,360 Kern Medical Center, CPSP Program Local 111,215 AIDS Local '5,500 Mission Statement It shall be the Mission of Clinica Sierra Vista, Inc. to provide quality comprehensive primary and preventive health care services at the most efficient cost to the underserved populations of Kern and Inyo Counties regardless of ability to pay, and to seek necessary resources to meet the growing health care demands while maintaining the corPoration's financial integrity. We strongly believe in everyone's right to quality health care; therefore, no one is denied services based on race, religion, ethnicitY, sex, age, disability, or economical status. Goals of Clinica Sierra Vista, Inc. To provide' quality, comprehensive primary care promptly and courteously, to our medically underserved populations, especially the migrant and seasonal farmworkers. TO assure that no Patient is ever refused necessary health care services by reason of his or her ability to pay. To promote the well-being of the patients we serve. To provide e fffidient and effective management in the achievement of our goals. To operate under strict budgetary controls. To foster employer-employee relations by providing leadership that inspires innovation, productivity, and teamwork. To maintain our unique character as a non-profit corporation governed by a majority of health consumers. Clinica Sierra Vista,. Inc. has not nor anticipates entering into litigation with the City. ,9-14 SUNSET TRACT SCHOOL D~$T. /'/2 ~-14 ~ CL A~£/VDON ST. ~ .. -PI ....................................................... e ,~ ,~ ,,, e,,, .,, .... e. e .~ ,.,, ~ .............. (~, - _ _ -__~ I 2o u .~o /¢ I (~ :8 $ 28 5 · ~ POTOMAC AVE. ~ r ~ ASSESSORS ~4AP NO.J.9.._-..!..4~ ............ COUNTY 'OF KERN MEMORANDUM DEPARTMENT OF WATER & SANITATION SANITATION DIVISION July 16, 1992 TO: J. DALE HAWLEY CITY MANAGER FROM: PAUL DOW WATER & SANITATION MANAGER BY:(~ MIKE SIDES SANITATION SUPERINTENDENT SUBJECT: REQUEST TO REFER BENA LANDFILL DISTANCE RATE OFFSET FOR KERN REFUSE, INC. TO THE BUDGET & FINANCE COMMITTEE FOR CONSIDERATION The recent closure of the China Grade Sanitary Landfill has resUlted in additional mileage and time impacts as Kern Refuse, Inc. is now.utilizing the new Bona Landfill located East of the- City. As-provided in Agreement No. 91-71, the City Sanitation Division .has -reviewed the rate impacts at the request of Kern Refuse, Inc. Section IV of the aforementioned Agreement provides that "increases or decreases in the distances to disposal sites or - - waste processing.facilities" is cause to review and adjust rates. Several meetings"'and'conversations have'been Conducted, and attached "work .sheet"~'.submitted by Kern Refuse,..is provided .for information purposes. The request from Kern. Refuse reflects an adjustment of eight'~cents per month on :residential rates, with an equivalent percentage"(1.02%) to be applied to'commercial 'and rolloff 'rates;~'recently implemented rate adjustments negotiated with Kern County resulted in County residential rates increasing sixteen cents per month. In checking with the City Attorney's Office,'the existing Agreement does-not require any modification in order for the Budget & Finance ~ommittee to grant a rate adjustment for the increased mileage to the disposal site. The Water & Sanitation Department requests this issue-be referred at the earliest possible time to the Budget & Finance Committee for consideration and action. ~ ..... -.~ ~ .. BAKERSFIELD WORK SHEET KATE CHANGE FOR Problem: To determine the'monthly cost of trucking a load of refuse the extra distance to Benal and to apportion that cost back to the individual customer'. _ STEPS: 1. DETERMINE THE EXTRA DISTANCE According to the original study by the planning department of the County of Kern the increase in distance between-China Grade and Bena was 6.5 miles each way. This was some fears ago, and was based on the centroid being at the intersection of Hwy 58 and Hwy 99. For Purposes of this report, the route 'was driven by City of Bakersfield personnel and by Dan Panero of Kern Refuse. The distance to the gate at Bena was found to be 17.4 miles. The distance to the historical gate at China Grade was 12.6, a difference of 4.8 miles. The mile distance difference is assumed to also be valid for a 4th and P street centroid. 2. DETERMINE DRIVE TIME It is acknowledged that driving will be on surface streets to get from the neighborhoods to Freeway 58, and on the freeway i{self. For the purposes of this report, it is assumed that the extra 4.8 miles (or 4.6 using the new China Grade gate) are at the end of the run on Highway 58. The speed .limit for trucks on this portion is 55 MPH. For purposes of this report, it is also. assumed 'that fully ~oaded' trucks will average 50 MPH enroute'to Ben~, and 55 MPH when empty on the return trip. The average speed for the trip'would be 52.5 MPH At 52.5 MPH, the round trip takes a minimum of an extra 10.5 minutes. (Note: Approximately the last 1.5 miles to the landfill will be surface road, so 6 of the 9.6 miles are freeway driving) 4. EXTRA TIME PER MONTH The average extra monthly time is arrived at by multiplying the amount of extra time for one trip by the numbe~' of average trips in a month. To arrive at the average number of times per month that a truck will travel the extra 9.6 miles we assume twice a week pick up for 101 days. (104 days less 3 holidays = 101 annual pick up days. Divide the 10~ days by 12.months, and you have an average of 8.42 pickups per months. To get the extra time,, multiply 9.6 x 1.14 = !1 minutes Multiply the !1 minutes by the 8.42 average number of monthly . pigkups, and y. ou have 92.62 minutes per month, or 1.54 hours per ..... month.' 5. HOURLY RATE For the purposes of this report, we need to establish an hourly rate.. " The hourly rate for the County of Kern is $86.86 which is used for situations where a bin or household rate has not been al work. es~abiished. Usually in a rural area or for speci While it is a fair r~te for the service rendered, it does.not reflect the City 6f Bakersfield service. We could adjust the. county .rate to fit city service and use it as a guide. · -A better approach for this specific study would be to determine an hourly rate !or the haulers for the City 'of Bakersfield using an income method based on present city rates· To use this method, you would take the number of customers on a route and multiply that figure by the monthly househ°ld rate. This would give you the monthly route income. For example, a route of 450 customers at the present monthly rate of $7.82 would equal $3519; the route income. If you divide the route income by the average number of monthly pickups (8.42) you get the route income for one day. ($417.93) If you divide the route income by the total elapsed time on the road from the yard to the neighborhood; to the land fill; and back to the yard; you would have the hourly rate. For a route of. 450, the average elapsed time on the road is 6.5 hours. The hourly rate would be $417.93 divided by 6.5 = $'64.30 6. INDIVIDUAL HOUSEHOLD .INCREASE Multiply the hourly, rate of $64.3~ times the eXtra monthly 1.54 hours = $99.02 (the cost for one month) Divide the monthly cost of $99.02 by 450, the number customers on the route and you get the amount of the increase for an individual household 22 cents = 2.8% increase on $7.82 rate Note: There are some adjustment considerations to this.figure that are. addressed later in this report. The adjusted rate increase would be 8 cents. HOW CAN WE APPLY TH~S CONCEPT TO COMMERCIAL? We Can use the 2.8 percent increase for households across the board, and then use the volUme relatio'nship as a cross check. The.~ate for 1.5 and 2' yard bin twice a week = $31.99 3'yard bin twice a week '= $46.15 If we apply a 2.8 % increase the rate increase would be: .028 x~$31.99.= .89 (.31 adjusted) .028 x $46.15 = $1.29 ( 4'5 adjusted) . ' The two ~ard bin increase would be 69% of the three y'a~d bin. · .'- vOlume Relationships The volume'ratio of home rate to bin rate would be the number of homes it takes'to produce the number of cans which woul~ equal one' bin. One study shows the relationship between cans and bins: A 1.5 yard bin = nine 30 gallon cans · A two yard bin-= twelve 30 gallon cans .~ A 3 yard bin = eighteen 30 gallon cans .Volume wise, to equal a 1.5 yard bin: four homes would 'have to set out 2.25 cans To equal a two yard bin: four homes would have to set-out 3 cans. To' equal a three yard bin: isix homes would have to set out 3 cans. Rate Relationship A three yard bin = 6 times the household monthly increase of 6 x 22 cents = $1~32 2.86% vs'($1.29 @ 2.8%) A two yard bin = 4 x 22 cents = .88 2.75% vs ( .89 ~ 2.8%) A ! 1/2 yard bin = 4 x 22 cents = .88 ~he two yard bin increase would be 66.7 % of {he three yard bin increase. For multi-units or multiple service, you could apply the dollar and cent increase to each multiple service unit. Note: Nancy Ewart', Kern Public'Works engineer, has figures showing loose household refuse = 350 pounds per cubic yard. That would.be 1000 pounds per 3 yard bin. She has also calculated that one 30 gallon can would equal .14 cubic yard. This is based-on 7..48 gallons per cubic foot and 27 cubic feet equal one cubic yard. If we apply her figures, the commercial rate would be.slightly higher. A 1.5 yard bin = 11 30 gallon cans. 'A-2.0 yard bin = 15 30 gallon cans. A 3.0 yard bin = 22 30 gallon cans. Volume wise: ' Adjusted 1.5 yard bin = 4 homes set out 2.75 cans= $ .88 (.31) 5 homes set out 2.20 cans= $1.10 (.38) 2.0 yard bin = 6 homes set out 2.50 cans= $1.32 (.46) 7 homes set out 2.14 cans= $1.54 (.54) 3.0 yard-bin = 9 homes set out 2.4 cans= $1.98 (.69) !0 homes set out 2.2 cans= $2.22 (.78) Taking a combination of the three methods might bea lair way to arrive at the commercial rate figure... ROLL OFFS 'Because a roll off truck is a-one man operation, and other iactors, the added cost of going to Bena would be different than for a packer truck. · For roll offs, we have applied the methodology used by the Kern County Public Works. Department for .the County's transfer stations., Nancy Ewart, Kern County Public Works engineer, using a lotus spreadsheet, has developed an hourly rate figure of $58 for the County's transfer stations.' She assumes one driver, no helper. Using her hourly figure: 10.5 minutes = .175 hours. Multiply $58 by .175 hours and the roll off rate increase would be $10.15 This rate would' not become effective until September i,. 1992. ADJUSTMENTS TO BE CONSIDERED For purposes of this study, several factors were Considered, tO see what effect they ~ght have in terms of adjust~'ng tjhe rate increase, upwards oK downwards. USE OF ARVIN. LANDFILL Some of the Hauler trucks do not now use the China Grade' landfill, and will not be .skirting to Bena. They will' not have any .change from their present operation, and no additional costs. would 'be involved. It is recognized that when the Arvin landfill"' closes, additional distance may be involved, and they would be addressed at that time. It is also recognized that if and when a composting center/ recycling center/ transfer station is placed in operation, changes in distances will be involved. Changes in_coSts brought about by.such facilities will also be' addressed at that time. The rate.increase shoul.d be adjusted downward to reflect the use of the Arvin landfill. To do this, we need to know: What percentage of Kern Refuse Inc trucks use the Arvin Landfill? Price Disposal 100% of packer trucks ' Varner & sons 100 % of packer trucks This represents about 65% of Kern Refuse's total. The house hold rate increase of 22 cents would be adjusted' to 8 cents. commercial rates 'would be similarly adjusted downward. With some exceptions., most rol'l offs will go to Bena, and the rates would not have to be adjusted. .EFFECTS OF RECYCLING AND WASTE STREAM DIVERSION There is no guestion that in the future an ever increasing amoUnt of material will never get 'into the waste stream. We would anticipate that individual households.and commercial enterprises will set out fewer containers. This will ..impact the number of containers picked up. Recycling will also have a major impact on the amount .of material that will be diverted from the landfill. We would expect 20 to 25 percent of the waste stream going to a green waste center instead of the landfill. At some point of time in the future we would also expect a great deal of material will be diverted to a recycling center. Both centers will probably be located closer to the centroid than Bena. How often this material is picked up, and the method of collecting it will .have a significant impact not only on the cost of going to the landfill, but on other costs as well. These factors should be addressed in the months ahead as a useful tool/gUide to Policy makers in developing and'implementing the programs adopted for'our area to meet its AB 939 goals. However,. our study shows that the amount of material being diverted/recycled at this time has not reached a level that would justify any adjustment in the .proposed rate.'increase- OTHER FACTORS A logical question is what effect does the additional mileage have on fixed costs such as Welding shops, mechanical shops, paint shops, wash racks, offic? space,' computers, insurance, etc. Others might wonder if the 1! minutes added to each route .might not be absorbed within the. work day. '~s.,.. .~s a good time to again, examine these kinds of factors. We believe the answer'lies in the.sound management principles which historically' both the City and the haulers have employed. On a temporary basis] you can s-t-r-e-t-c-h any resource to meet a temporary gap. Because of unexpected circumstanced,from time to time, every one has had to do it. Because of where you'are in your growth cycle, there may be times when this is almost impossible to do, and others when'it can be handled for.a short time. But in any successful business enterprise, there is a defined relationship between the units of revenue production and those units that support them. In order to operate in the black, and to plan ahead for future growth, you MUST determine what these relationships are. You must establish what are your unit needs, unit costs and revenue flow. Your operation plan is based on the 'relationship between them. For example, there is a maximum efficient size for a refuse route based on many factors including.population, density, terrain, lot and house size, collection'methods, etc. Y.ou need certain minimum support facilities for your route structure, and as the number of customers and routes increase, you have to increase the number of support personnel, shops, etc. You need personnel in place for vacations, illness, unexpected emergencies, and growth. In addition, you must monitor and take into account things that can change the relationship between support costs and revenue needs. Some are beyond your control. An example would be a recent. ~change in State law which effects where and how you may paint a bin.. ~ou must consider yoUr total operation, and make adjustments throughout the organization on a unit need/cost/revenue basis. This is the basis of.your planning for additional sguare footage of shop space, a new computer operator, another telephone line, etc. It is important to do this in a timely fashion, with no interruption in service, and at the least cost. I have observed the City Sanitation operation and know that they too use sound management principles and in effect d° this type of planning. The present low basic rates enjoyed by the people of Bakersfield reflects substantial savings, and is possibles; inpart, because of the long term contractual relationship between the haulers and the City of Bakersfield. It .necessitates long term Planning an~ the application of sound management principles. The haulers' operations are based on these concepts. We believe it best serves the people of Bakersfield and the haulers to preserve them. OPPORTUNITIES. Looking to the future, we believe some of the concepts the City has under study have great merit, and offer, our community opportunities for even better service at equal or lower costs. Some of the collection methods now under study by the city of Bakersfield offer an opportunity for all of us to increase efficiency, increase' route size, and effect lower costs. This area seems to offer an opportunity to lower unit costs and impac% the cost .of handling refuse while meeting our AB 939 goals. We encourage the City to continue ~to explore these types of opportunities. RESIDENTIAL RATE SCHEDULE Single .Family Dwelling Unit $8.06 COMMERCIAL ,RATE SCHEDULE COMMERCIAL CAN SERVICE MONTHLY RATE NUMBER OF STANDARD NUMBER OF COLLECTIONS PER WEEK CONTAINERS ( 2 ) ( 3 ) ( 4 ) ( 5 ) ( 6 ) l~Om 2 $8.26 $11.98 $15.64 $19.31 $22.96 3 $12.81 $18.64 $24.50 $30.53 $36.14 4 $16.47 $23.83 $31.13 $38.46 $45.7'8 5 $20.19 $29.14 $38 .'14 $47.13 $56.14 6 $23.83 $34.45 $45.12 $55.79 $,66.41 7 $27~50 ~39.77 $52.13 $64.44 $76.76 '~ 8 $31.13 $45.12 $59.11 $73.06 $87.08 9 $34.81 $50.43 $66.11 $81.78~ $97..4.3 10 ·$38..·46 $55.79 $73.06 $90.40 $107.76 COMMERCIAL·DETACHABLE BIN SERVICE ~ CONTAINER SIZE NUMBER OF COLLECTIONS PER WEEK MULTIPLE~ CUBIC YARDS (2) (.3) ( 4 ) ( 5 ) ( 6 ) BIN RATE 1.5 - 2.0 ~32.98 $47..58 '$62.28 $76.90 $91.56 $79.93 3.0 $47.58 .$65.96 $84.24 $102.54 $120.87 $109.93 4.0 .$58.61. $76.92 $95.23 $113.57 $.131.85 $116.59 MULTIPLE BIN RATE: 3 or more bins serviced, daily @ the same location COMPACTOR BIN RATE: Three times the detachable bin service rate RATES EFFECTIVE: 7.1-92 *SPECIAL NOTE: Rate sheet does not include Bena adjustment KERN REFUSE DISPOSAL, INC. RESIDENTIAL RATE.SCHEDULE Single Family Dwelling unit $7.82 COMMERCIAL RATE SCHEDULE' COMMERCIAL CAN SERVICE MONTHLY RATE NUMBER OF STANDARD NUMBER OF COLLECTIONS PER WEEK CONTAINERS (2) (3) (4) (5) (6) 1 0R 2 $8.01 $11.62 $15.17 $18.73 '$22.27 3 $12.42 $18.08 $23.76 $29.61 $35.05 4 $15.97 '$23.11- $30.19 $37.30 $44.40 5 $19.58 $28,26 $36.99 $45.71 $54.45 6 $23.11 $33.41 $43.76 $54.11 .$64.41 7. $26.67 $38,57 $50.56 $62..50' '$74..45 8 $30.19 $43.76 $57.33 $7.0.86 $84.46 9 $33.76 $48.91 $64.12 $79.32 $94.50 10 $'37.30 .$54.11 $70.86 $87.68 $104.52 COMMERCIAL DETACHABLE BIN SERVICE CONTAINER SIZE NUMBER OF COLLECTIONS PER WEEK MULTIPLE CUBIC 'YARDS (2) (3)~ (4) (5) (6) BIN RATE 1.5 - 2.0 $31.99 .$46.15 .$60.41 ·$74.59 $88.81 $77.53 3.'0 '$46.15 $63.98 $81.71 $99.46 $127,24 $106.62 4.0 $56.85 $74.61 $92.37 $110.1'6, $127.89 $113.08 MULTIPLE BIN RATE: 3 or more bins serviced daily @ the same location_ COMPACTOR BIN RATE: Three times the detachable bin service rate RATES EFFECTIVE: 7-1-91 ,. KERN REFUSE DISPOSAL, INC. ? AGREEMENT NO. 9 ~ - 7 1. REFUSE COLLECTION AGREEMENW THIS AGREEMENT, is made and entered into on Art±Ti 7]_0, 1991_ , by and between the CITY OF BAKERSFIELD, a municipal corporation, referred to herein as "CITY" and KERN REFUSE DISPOSAL, INC., a California corporation, referred to herein as "CONTRACTOR." RECITALS WBEREAS, Kern RefUse Disposal, Inc. _was formed in the year 1967 by various commercial refuse collectors engaged in the business of Collecting refuse, pursuant to refuse collection'service franchises issued by Kern County, within unincorporated areas of the County that adjoin the City of Bakersfield. The corporation was formed to act as a conduit for the purpose of enabling Commercial refuse collectors to provide, through a single entity, refuse collection services within those unincorporated areas of the County that were, and still are, from time to time, annexed to the CITY; and WHEREAS, the City of .Bakersfield maintains and operates its oven municipal refuse collection service in .part, but not all, of the CITY. As a consequence, it is the CITY's desire to make certain that the inhabitants~ of those parts of the CITY which are not serviced by it and the inhabitants of newly .annexed territories receive substantially the same efficient refuse collection services from commercial refuse Collectors as do the citizens and inhabitants of Bakersfield who are serviced by the CITY; and WHEREAS,' for said reasons, the City of Bakersfield, on the 20th day of March, 1967, entered into a contract with Kern Refuse Disposal, Inc. for the collection of refuse by the corporation's shareholders within neWly annexed territories under the terms and conditions more particularly set forth therein. 'Thereafter, said contract was renewed from time to time until March 16, 1988; and WHEREAS, for the purpose of obtaining greater overall economy and efficienc3, in the collection of refuse generated by occupants of residential units, the City of Bakersfield prgposes to change the method by which all such refuse is collected by requiring the collection thereof to be made with automated or semi-automated equipment; and WHEREAS, to enable the City Of Bakersfield and Kern Refuse Disposal, Inc. to effectuate the proposed transition in a competent, economical and equitable manner, the parties have deemed it advantageous to each party and. beneficial to the public interest to terminate the existing contract and to enter into a new contract. NOW, THEREFORE, 'for and in consideration of the mutual promises, covenants and agreements contained herein, it is expressly agreed and understood as follows: Definitions 1. As used in this Agreement, the. following words shall have the meanings hereafter set forth unless the context indicates otherwise: ~ A.' 'CIT~' shall mean the City of Bakersfield. B. MCONTRAC'rOR' shall mean Kern Refuse Disposal, InC. C. 'Authorized representative~ shall mean any person or persons designated by the CITY or the CONTRACTOR, as the Case may be, to act on its behalf, whenever authorized to .do so by this Agreement. D. MMember collectors" Shall mean and refer to the commercial refuse collectors who are holders of refuse collection service franchises issued by Kern County and who also own stock issued b3~ the CONTRACTOR. E. "Refuse" shall mean refuse, garbage, swill and rubbish as defined in section 8.32.020 of the Bakersfield Municipal Code. F. "Residential refuse" shall mean refuse generated by occupants of residential units. G. "Residential uniff shall mean a house or other structure designed for and occupied by a single family with the exception of apartment houses, condominiums located' in apartment house-like complexes and structures containing four or more families for which detachable bins are commonly utilized to collect the refuse generated by the occupants of such structures. ' H. · ~Carts" shall mean barrel-shaped receptacles, commonly 'known as universal carts, mounted on wheels and designed for the storage of residential refuse pending the collection of such refuse by the CITY or CONTRACTOR throu_mh the use.of automated or semi-automated equipment. I. ~Automated or semi-automated" equipment shall mean equipment mounted on a refuse collection truck which is capable of lifting a cart containing up to 105 gallons or more (as specified by CITY) of refuse and depositing the contents thereof into the bed of the truck. J. ~Commercial refuse" shall mean refuse generated by co .mmercial and in'dustrial enterprises and apartment houses and similar multiple dwelling complexes which do not qualify as residential units as that term is defined herein. 2 Contractor's Rights' and Obligations· Excepting only as is otherwise provided in this Agreement, the CONTRACTOR, through its member collectors, shall collect and dispose of all refuse.within those areas of the CITY delineated in red on the map attached hereto and marked Exhibit "A" and incorporated herein as though fully set forth and within those unincorporated territories which are annexed to the CITY during the term of this Agreement, if such territories were being served by a member collector at the time of annexation. 2, Each member collector shall establish routes in the territory to be served by it, and maps delineating such routes shall be filed with and approved by the CITY'S authorized representative; once approved, said maps or routes shall not be changed or altered without the apProval of the CITY's authorized representative. · 3. Starting no earlier than 6:00 a.m., residential collection shall be conducted twice per week, with no longer than ninety-six (96)hours between each collection. Commercial collection may start as early as 6:00 a.m., with its frequency to be'determined by the CITY's authorized representative or as required by the California Integrated Waste Management Board .(CIWMB) or its designated local enforcement agency (l.l::~A), but in no event shall the number of collections exceed six (6) per week. 4. The time schedules and frequency of service delineated in the preceding paragraph shall not be disrupted, changed or altered by virtue of any holiday other than' the holidays mentioned in subparagraph 5. Neither shall the frequency of service nor the routes approved by the CITY's authorized representative be changed or altered as the result of any road condition, road construction, or weather condition, without the approval of the CITY's authorized representative. 5. The holidays for which service may be disrupted by the member collectors without penalty or deduction from the compensation payable by the CITY to the CONTRACTOR under this Agreement are: Christmas, New Year's Day, Thanksgiving, and any other holiday during which the landfills operated by Kern County are officially closed in commemoration of said holiday and unaccessible to the CONTRACTOR's member collectors for the disposal of refuse which would have been collectible on that-day. 6. The CITY presently is providing refuse and garbage collection services within those areas of the CITY delineated in green On Exhibit '"A." During the term of this Agreement, the CITY shall continue to provide refuse and garbage .collection services within said areas. If' both parties would be mutually benefitted by easier and more economical servicing.of a particular area through an exchange of territory, either party may 'initiate the exchange, of a member collector's territory for CITY territory; however, such exchanges shall be made only upon mutual consent~of both parties. 7. During the term of this Agreement, the CITY intends to expand its municipal refuse garbage collection services into the undeveloped areas located within the CITY on the date of the' execution of this Agreement and undeveloped areas which are hereafter annexed to the CITY from time to time. Undeveloped areas, as used in this paragraph shall mean those areas, with the 3 exception of the so-called "Laborde Annexation," which have not been developed for residential or commercial purposes on the date of the execution of this Agreement, or when the area Was annexed to the CITY, as the case may be, and were not being serviced by either the CITY or the CONTRACTOR. Hereafter, said undeveloped areas shall be referred tO as the "expansion areas." A. As additional residential units develop within the expansion 'areas, said additional residential units shall be divided equally, to the extent possible, between the CITY and the CONTRACTOR so that each party shall provide garbage and refuse collection services for one-half of said units as and when the services are needed. Such divisions shall be made in a manner so as to 'minimize or prevent the mix of CITY and. CONTRACTOR services within the same neighborhood. B. Additional commercial establishments that develop within' the expansion areas shall be allocated as equally as possible between the CITY and the CONTRACTOR 'so that each party shall be entitled to make 50 percent (50%) of the total commercial refuse and garbage collections made in said areas. C. If the application, of the formulas described in subparagraphs A and B. to a given .expansion area would create a hardship on the CITY or the coNTRACTOR, or if other good reasons exist for an adjustment or modification, the parties shall meet in good faith to determine the desirability and extent of any adjustment. D. In making the divisions referred to in the preceding subparagraphs~ the parties shall take into consideration the cohesion of territories to be served' and such other factors as will insure efficient and economic service and, ff necessary, shall engage in such exchanges as shall accomplish such purposes. 8.' The process of collection shall include the thorough emptying of all refuse containers, replacing the covers and handling said containers so as not to cause unnecessary damage. The area adjacent to the place of collection shall be kept free and Clear of all rubbish and litter resulting from the performance of the collection, and to this end each truck shall be equipped with brooms and shovels. 9. Collection shall be made by courteousl competent and Orderly employees, and in such a manner so as not to create a nuisance by unduly trespassing on private property, loud and unnecessary noise and interfering unnecessarily with traffic. 10. Refuse shall be collected and transported ~ substantially fly-proof and leak-proof refuse vehicles. Such vehicles will be painted an identifying color scheme, different from the CITY's, cleaned inside and out, and maintained by the CONTRACTOR. 11. All materials collected by member collectors pursuant to this Agreement shall become and remain the property of the CONTRACTOR. The CONTRACTOR may dispose of said material at its own site provided it meets all applicable State and County landfill requirements, or any public dump or dumping facility. 4 III.. _ Residential Refuse 1. Subject to the provisions of paragraph 8 of this section, the collection process for the collection of residential refuse generated within CITY areas serviced by CONTRACTOR's member collectors shall be. through the use of carts and automated or semi-automated equipment. Accordingly, within the time periods prescribed in paragraph 2 of this section, CONTRACTOR's member collectors shall, at their sole cost and expense; acquire the carts and equipment needed to implement the residential refuse collection process described herein. 2. CONTRACTOR's implementation of the residential refuse collection process contemplated by paragraph 1 hereof shall commence within days after CONTRACTOR has been notified to do so by the CITY in accordance with the provisions of paragraph 8 of this section. Once commenced, said implementation shall be completed within a period of not more than five (5) years as follows: During the first year, CONTRACTOR shrill acquire and distribute 'to residential units located within its service' areas a sufficient number of carts to enable CONTRACTOR to collect through the.use of automated or semi-automated equipment 'residential refuse generated by up to 20% of the total residential units serviced by it. Thereafter, CONTRACTOR shall increase its output of carts and pick-ups through the use of automated or semi-automated equipment at the rate of not less than 20% per year unless otherwise agreed upon by the parties. 3. All carts acquired by CO.NTRACTOR for areas serviced by its member collectors and all carts utilized by CITY in areas serviced by it shall be substantially similar in design, specifications and color. It is agreed that CITY shall specify the design, specifications and color of such carts after its authorized represen, tatiVe has consulted with CONTRACTOR's authorized representative in good faith. 4. Unless otherwise specified by the CITY, the maximum storage capacity for carts acquired by CONTRACTOR pursuant to this Agreement shall be 105 gallons; the minimum capacity.for such carts shall be 60 gallons. The capacity of a cart to be supplied by CONTRACTOR 'to a residential unit shall be 'determined by the needs of such unit or as specified by CITY's authorized representative. 5. All carts supplied by CONTRACTOR to' residential, units serviced by it shall be supplied, maintained and replaced by CONTRACTOR at CONTRACTOR's sole cost and expense. Provided, however, that if a cart is damaged or destroyed through the fault or negligence of the occupant or occupants of the residential unit for which it was supplied, CONTRACTOR, with CITY's Consent, may recover the cost thereof from the person who was responsible for the damage or destruction. 6. CONTRACTOR shall be compensated for residential pick-ups through the use of carts and automated or semi-automated equipment in accordance with the rates mutually agreed upon after the parties have negotiated in good faith. S. aid rates as so agreed, upon shall be set forth in the rate schedule prescribed in section IV hereof. 7. The rates referred to in paragraph 6 hereof shall be reviewed by the parties three years following the date of the execution of this Agreement, and periodically thereafter; for the purpose of determining whether such rates shall be increased or decreased in aCCOrdance with existing economic conditions. Provided, that in negotiating the increases or decreases in such rates, the parties shall at all times act in good faith. 8. It is agreed and understood that the CITY proposes to institute a pilot program to determine whether or not it is economically feasible for the CITY to change the method of residential refuse collection by CONT .RACTOR as provided in the preceding paragraphs. It is therefore agreed and understood that the provisions of this section shall go into effect if, and only if, the CITY determines that the change is feasible and notifies CONTRACTOR to implement the c~ange as provided in paragraph 2 hereof. IV. Compensation Payable to Contractor bv City 1. For and in consideration of the.services to be' performed by the CONTRACTOR through its member collectors pursuant to this Agreement, the CITY shall pay CONTRACTOR for both residential and commercial collections as follows: A. The CITY shall pay CONTRACTOR for residential and commercial services according to the rate schedule; attached hereto marked'Exhibit 'B" and made a Part hereof as though fully set forth at length. B. · Commencing on the fiscal year beginning on July 1, 1991 and thereafter at the commencement of each fiscal year, the Consumer Price Index of the · United States Commerce Department for Los Angeles, Long Beach and Anaheim shall be consulted and the rates to be paid to the CONTRACTOR for residential and commercial service shall be revised upward or downward according to the percentage of difference between the cost of living, factor reflected by such publication for the month of January immediately preceding the fiscal year under consideration and the cost of living factor reflected by the publication for the month of JanUary of the year before. C. If any increase or decrease in the rates payable to CONTRACTOR for residential and commercial service, after applying the formula described in subparagraph B, exceeds six percent (6%), then the .amount of the increase or decrease in excess of six percent (6%) shall be negotiated by the parties acting in good faith. 2. At the end of each month, the CONTRACTOR shall bill the CITY for all services performed by its member collectors during such month. Within thirty (30) days thereafter, the CITY. sha41' pay the CONTRACTOR for all such services in accordance with the rates payable at the time that the services were performed. 3. CONTRACTOR agrees that the rates set forth in the preceding paragraphs shall be exclusive compensation payable to CONTRACTOR for services performed byits collector members 6 under this Agreement; CONTRACTOR Shall not bill or attempt to secure compensation for such services from private property owners or residents unless it is directed to do so by the CITY' pursuant to a billing procedure mutually agreed.upon 'by the parties. 4. The parties shall review the rate schedule referred to in subparagraph A of this section, upon request of any one party, for.th~ purpose of making such equitable adjustments in the rates (upward or downward) as may be mutually agreed upon to offset increases or decreases in the operating costs of CONTRACI'OR's member collectors caused or brought about by: A. Changes in existing Federal, State or local laws or regulations governing the collection and disposition of refuse and garbage; B. Increases or decreases in the distances to disposal sites.or waste processing facilities; C. The imposition of "tipping~ or "gate fees" in connection with landfills; D. .Increases in the frequency of commercial colle~tions required by the CITY!s authoriZed representative or as required by the CIWMB or its LEA; E. ~ Any other factox: or condition beyond the control of either party other than the cost of living factor mentioned in subparagraph B of paragraph 1 of this section. Vo General Terms and Conditions 1. A. If CITY receives any complaint concerning the failure of CONTRACTOR to perform any service required by this Agreement, it will communicate said complaint by telephone either to the member collector against whom the complaint applies or to the CONTRACTOR, and the complaint shall receive the prompt attention of said member collector or the COI'~wI'RACTOR. As to complaints .concerning the failure of a member collector to make a pick-up, the CITY shall describe with specificity the location of the residential or commercial unit involved. B. If a complaint concerning the failure of a member collector to perform a service pursuant to this Agreement, or to make a pick-up, is received by 'the CITY and communicated to the responsible member collector or to the CONTRACTOR prior to 1:30 p.m., the service shall be performed or the pick-uP shall be made by the member collector or CON'IT,.ACTOR on the same day. If such complaint is received by the CITY and communicated to the member collector or the CONTRACTOR after 1:30 p.m., the service shall be performed or the pick-up shall be made on the following day. ~J C. If a member collector or the CONTRACTOR fail.q to perform the service or make the pick-up as required by subp.aragraph B, within the times specified by subparagraph B,'then the CITY may perform the service or make the pick-up on behalf of the member collector or the CONTRACTOR. The CITY shall then deduct from any monies due the CONTRACTOR, or if none are due, it shall bill the CONTRACTOR for twice the actual costs incurred by the CITY in 7 performing the service or making the pick-up. · D. Nothing contained in subparagraph C shall be construed to constitute a waiver on the part of the CITY to terminate this Agreement for cause as prOVided in paragraph 1 of section VI, E. The failure of any party to enforce against the other a provisioh of this Agreement shall not constitute a waiver of that party's, right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. F. .Any lawsuit pertaining to any matter arising under or growing out. of this contract shall be instituted in Kern Count3', California. G. Time is of the essence in this Agreement. ,' H. This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. I. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties 'to the contract and their heirs, administrators, executors, personal representatives, successors and assigns. J. This contract sets forth the entire agreement between the Parties, and supersedes all other oral or written provisions. This contract may be modified only in a writing signed by the CITY Council and' signed by all the parties. K. Each individual executing this Agreement represents and warrants that they are duly authorized to execute and deliver this Agreement on behalf of the party' they purport to represent, and this Agreement is binding upon said party in accordance with its terms. L. Except as otherwise provided herein, CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now in force or which may hereafter be in force. M. This Agreement ¢all.q for the performance of the services of CONTRACTOR as an independent contractor, and CONTRACTOR will not be considered an'employee of the CITY for any purposes and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. N. CONTRACTOR shall indemnify, defend, and held harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demand whatsoever against them, or any of them, for injury to or death of persons or damage to property or any other liability of any type whatsoever arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents or independent contractors or companies 8 in the performance of or in any way arising from the terms and provisions of this Agreement. O. In addition to any'other form of~insurance or bond required under the terms - of this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance: ' a. Vehicle liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one mill. ion dollars ($1,000,000) per occurrence; and b. Broad form commercial general liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less 'than one million dollars ($1,000,000) per occurrence. c. Workers' compensation with statutory limits and employer's liability insurance with limits of not less than one million dollars ($1,000,000) per accident. All policies required of the CONTRACTOR hereunder shall be primary insurance as respects the City, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the CI2~, its mayor, council, officers, agents, employees and volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. The vehicle.liability policies shall provide coverage for owned, non-owned and hired autos. The liability policies shall Provide contractual liability coverage for the terms of this Agreement. The liability policies shall contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. Ail policies shall contain, the following endorsement: An endorsement providing the CITY with ten (10)days written notice of cancellation or material change in policy language or terms. If any part of the work under this Agreement is sublet, similar insurance shall be provided by or on behalf of the subcontractors to cover their operations. The CONTRACTOR shall furnish the CITY Risk Manager and Sanitation Department with a certificate of insurance evidencing the insurance required under this Agreement. 9 Ail costs of insurance required under this Agreement shall be included in the CONTRAC'FOR'S pricing, and no additional allowance will be made for additional costs which may be required by extension of the insurance' policies. VI. Term-Related Matters 1. The term of this Agreement shall be twelve (12).years commencing on the 10Eh:lay of Avril 199], and ending on the t0r_h day of /~rn-5_l 20.0~ provided that the CITY may terminate this Agreement at any time during the term for cause. Cause, as used herein, shall mean the CONTRACTOR's failure to cure any default in the terms and conditions of this Agreement within thirty (30) days after receiving a written notice from the CITY to cure such default; provided, the CITY shall not declare CONTRACTOR in default for the failure of any member Collector to perform any condition contained in this Agreement if failure is due to an act of God, an act of war, labor strikes or any other cause beyond the control of the CONTRACTOR or such member collector. Under no circumstances shall the CITY be required to compensate CONTRYkCTOR for services not performed, regardless of the reason for non-performance: 2. Notwithstanding any other provision in the preceding paragraph to the contrary, the CITY may terminate this Agreement without cause as provided in paragraph 1 if, but only if, the CITY elects to provide garbage and refuse collection services throughout the CITY through the use of its own' municipal garbage and refuse service. Before terminating this Agreement pursuant· to this paragraph, CITY shall give CONTRACTOR at least three and a half (3 1/2) Sears written notice of its intention tO terminate. Such notice may only be given during a period beginning on the last day of each CITY fiscal year and extending for ninety (90) days thereafter. 3. This Agreement and the rights and privileges granted to the CONTRACTOR's member 'collector shall be in lieu of any compensation or other privilege granted by the laws of this State to the holder of any county refuse and garbage collection contract or franchise whose territory is annexed in whole or in part to a city. Accordingly, each member collector hereby waives any · rights that the State Legislature has given or may hereafter give to refuse collectors as the result of any annexation of unincorporated territory .to the CITY that takes place during the effective period .of this Agreement. 41 Immediately upon the execution of this 'Agreement, or within a reasonable time thereafter, each party shall designate the person or persons 'who shall act as that party's authorized representative. Thereafter, .if a party should change the person or persons who shall act as its. authorized representative, 'it shall so notify the other party in writing. 5. This Agreement. replaces and supersedes City Contract No. 88-56. With the exception of any duty or obligation which has been incurred under City contract No. 88-56, City Contract. 88-56 is hereby terminated. 6. Unless either party otherwise specifies in writing, any and all notices required by this Agreement .shall be mailed by certified or registered mail. or personally delivered to the respective parties at the following addresses: City Clerk of the City of Bakersfield ' 1501 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: Kern Refuse Disposal, Inc. 1808 Roberts Lane Bakersfield, California 93308 7. CONTRACTOR's Federal Tax. I.D. Number 95-2642026 " CONTRACTOR is a corporation? x Yes No. (Please check One.) 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY" CITY OF BAKERSFIELD CLARENCE E. MEDDERS Mayor .. .LAWRENCE M. LUNARDINI By . . __ ~- City Attorney '/ .,G~..~I~.Y KLIMKO ~ ~/~nce Director "CONTRACTOR" KERN REFUSE DISPOSAL, INC. 'Title Attachments: Exhibit "A" · Exhibit "B" 12 KERN REFUSE DISPOSAL, INC. RESIDENTIAL RATE SCHEDULE 'Single Family Dwelling Standard Container Account $7.38 COMMERCIAL RATE SCHEDULE COMMERCIAL CAN SERVICE MONTHLY RATE NUMBER OF STANDARD NUMBER OF COLLECTIONS PER WEEK CONTAINERS (2) (3) (4) ' (5) (6) 1 OR 2 $7.56 $10.96 $14.31 $17.67 $21.01 3 $11.72 $17.06 $22.41 $27.93' $33.07 4 $15.07 $21.80 $28.48 '$35.19. $41.89 5 $18.47 $26.66 $34.90 $43.12 . $51.37 ~6 $21.80 $31.5.2 $41~28 $51.05 $60.76 7 $25.16 '$36.39 $47.70 $58.96 $70.23 8 $28.48 $41.28 $54.08 $66.85 $79.68 9 $31.85 '$46.14 $60.49 $74.83 $89.15 . 10 $35.19 $51.05 $66.85 $82.72 $98.60 .COM3ZKRCIAL DETACHABLE BIN SERVICE ~ CONTAINER SIZE ~ER OF COLLECTIONS pER WEEK MULTIPLE CUBIC YARDS (2) (3). (4) (5) (6) BIN RATE 1.5 - 2.0 $30.18 $43.54 E56.99 $70'.37 $83.78 $73~14 3.'0 $43.54 $60.36 .$77.08 $93~83 $110.60 $100.58 4.0 '$53.63 $70.39 $87.14 $103.92 $120.65 $106..68 MULTIPLE BIN RATE: 3 or more bins .serviced daily @ the same location NOTE: Prices efiiective 7-1-90'