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36 - Rate Increase Request on Landfill Services AgreementItem No. 36 Memorandum TO: Mayor, Mayor Pro Tem & City Council FROM: Grayson Path, City Manager SUBJECT: Landfill Services Agreement Rate Increase Request DATE: September 25, 2023 BACKGROUND: On September 13, 2021, the City Council approved a Landfill Services Agreement with Waste Connections Lone Star, Inc. for use of the Blossom Landfill for our residential waste. The City, and/or its contractor, shall use this landfill for the disposal of municipal solid waste. This agreement took effect October 11, 2021 and has a term of ten (10) years. Section 6 of this agreement sets the rates as follows: s . . +': ► Mf tad. `t..- %.aa Furthermore, section 6(d) states that the base rates shall remain fixed for the first two years (10/11/21 — 10/11/23) while section 6(e) addresses how rates may change during the term of this agreement: STATUS OF ISSUE: Waste Connections Lone Star, Inc., d/b/a Sanitation Solutions, has requested a rate increase of 5.00%, the maximum cap allowed in the language. Their request has been included in your packet. Upon reviewing their request and examining section 6(e), while their calculations were incorrect due to what appears to be a clerical error as well as looking only at a 12 month window instead of the contractual 24 month window, we have performed our own analysis and determined that a 5% rate increase is indeed appropriate under the terms of the agreement. I have included a draft letter response to WCLS to this effect to address the error — for documentation purposes, authorize the 5% rate increase (tentative to City Council approval), as well as to request the payment of the annual $5,000.00 donation pursuant to section 12 of the agreement; which according to our records, we have not received to -date. +r e:a -! gi@ a. Y• 1. i f '.6+7« Y # � '� � of#. f -5 :1- .f f �S Y'.# r3si BUDGET: The new rates are shown in the WCLS letter to the City of Paris. Under the terms of the recently approved Solid Waste Agreement with CARDS Dallas, LLC, the City will be charging a $6.00 per month Administration and Landfill Fee to residents for the disposal of solid waste at the landfill. This fee did not incorporate the 5% rate increase as it was not known at the time this would be received, however, we did build in to our calculations some contingency and based on our re- calculation using a 5% rate increase, our proposed $6.00 monthly fee should suffice. Should. this prove incorrect, then we will present a fee adjustment to the City Council at a later date. The current annual estimated expense for landfill fees, both at the landfill and at the South Church Street location, is approximately $325,000.00. This of course is heavily dependent upon the amount of solid waste produced by our community. OPTIONS 1. Approve the Waste Connections Lone Star, Inc., d/b/a Sanitation Solutions, request for a Landfill Service Agreement rate increase of 5%. 2. Request additional information, further negotiation, and/or reject their request and advise City Staff as how to respond. RECOMMENDATION: 1. Approve the Waste Connections Lone Star, Inc., d/b/a Sanitation Solutions, request for a Landfill Service Agreement rate increase of 5%. September 26, 2023 Woodie Brantley Municipal Marketing Representative Sanitation Solutions PO Box 6190 Paris, TX 75461 Mr. Brantley, We are in receipt ofyour letter, dated September 1, 2023 in reference to "Price Increase Request" for the Landfill Services Agreement between the City of Paris and Waste Connections Lone Star, Inc. After reviewing your letter as well as reviewing the landfill agreement, we have the following comments to provide. Item #1— Prince Increase Request The following caption is from your letter: The following is the calculation used to derive the increase percentage: Last posted index for the month of May — 2022 274.196 Last posted index for the month of May — 2023 288.006 Index Increase 13.810 Percentage Increase 5.04% Effective combined increase percentage 5.00% (According to agreement) Iday IIRr You further included the following worksheet: Yrar Jao a%� Y/oe�.w Ape Iday IIRr /a,. !?t �, pr y' 2.r1�� lY�ai� I', "rr,,, Ann W KM -F% Ib154 *7 ,My��.m I NAA�, ..., ,,/'„i, „ 9'. �.. ,� 4. i �...�«�v;......,,.... . "'o 9�, I, -77,7,7, 77=777 v,0,” 111 i!��,�,i ,Ji l,/,} 1, fir,,. ted, of/ ma fu, it '1211 Nr iNs' RAI 0"(0, 71, 24bk I i / n r, r r"� r r✓, d EI 22 lrii' ll'� I,/i;l it frl;,�i,.' i,,,il, i .'),� /„I /,,,.fl rrl,�ll,I 7,i/f If. S 0)”, 1 All 8111!"-. /Il.M4111 „4'%I .1, 6 0lrr ,r 2024 Ii .�L'i rfl r;� 1 !// f 2M ,,,,, mb/j rN rrzf B er ,rz.{ r/L 2023 I I, / 6r?y, as Upon review of Section 6(e) of the agreement, we are to utilize "the Consumer Price Index, for the Dallas, Texas area for All Urban Consumers, All Items, Not Seasonally Adjusted, Based Period December 1983 = 100" to determine the basis for rate increases. This information, listed in the below table, was found at the following website: u�ul eau ofLana l oir taIii!stk IIS :u • (https:Hdata.bls.gov/timeseries/CUURS37ASAO?am p%253bdata_tool=XGta ble&output-view=d ata&include_graphs=true). CPI for All Urban Consumers (CPI -U) Original Data Value Series Id: CUURS37ASA0 May - 2023 287.133 Index Increase 12.937 Percentage Increase 4.72% Not Seasonally Adjusted Series Title: All items in Dallas-FortWorth-Arlington, TX, all urban Area: Dallas -Fort Worth -Arlington, TX Item: All items Base Period: 1982-84=100 Years: 2013 to 2023 Year Jan Feb Mar Arm May Jun Jul ? Aug Sep Oct Nov Dec Annual HALF1 HALF2 2013 213.696. 216.465' 215.670 216.979 217.068, 215.450 215.995 215.550 216.441 2014 216.291 218.715 219.590 219.543 219.380 217.188 218.392 218.469 218.316 2015 214.899 217.487 218.484' 218.676_ 217.507 217.104 217.500 217.375 217.625 2016 217.164' 218.877 220.717 221.507 221.923 222.259' 220.677 219.223 222.132 2017 223.082 223.782 225.264 225.613 229.056 229.352 226.103 224.203 228.003 2018 229.132 230.272 234.034 233.570 234.563 234.487 232.788 231.570 234.007 2019 233.915 236.495 237.485 238.891 239.815 238.768 237.732 236.420 239.045 2020 238.935 238.865 236.317 239.888 240.658 239.544 239.081 237.910 240.253 2021 242.513 246.995 251.228 253.319 254.950 257.394 251.620 247.420 255.820 ,2022 261.499 269.347 274.196 277.005 278.297 279.000 273.855 269.525 278.184 2023 281.117 284.862 287.133 288.006 284.846 This information appears to match your table, except your table appears to have skipped the March 2023 data, moving May and July data up to March and May respectively. If the goal is to use the most current information, if we update the information you provided us with the correct information using July 2022 -July 2023, we have the following: July - 2022 277.005 July- 2023 288.006 Index Increase 11.001 Percentage Increase 3.97% If the goal is to use the May information, if we update the information you provided us using May 2022 - May 2023, we have the following: May - 2022 274.196 May - 2023 287.133 Index Increase 12.937 Percentage Increase 4.72% With the above stated, upon review of Section 6(e) of the agreement, it states, "The first CPI calculation shall include the ercenta a than a for the first twent four month eriod. Every year after, it shall be for a twelve month period from Anniversary date to Anniversary date." Therefore, if we utilize the language in the contract, the calculation, using the most current CPI information (July 2023), would be: July - 2021 253.319 July - 2023 288.006 Index Increase 34.687 Percentage Increase 13.69% Cap per Agreement 5.00% With the above said, we do believe a 5.00% rate increase is in line with the terms of the agreement, as you have requested. Said increase may begin on October 11, 2023. Item #2 — Donation Upon further review of the Landfill Agreement, pursuant to Section 12, Waste Connections Lone Star, Inc. "further agrees to donate $5,000.00 cash per year to the City,..." Upon a review of our records, we have not received this donation from you for either 10/11/21 — 10/11/2022 or 10/11/22 —10/11/23. Please remit this donation of $10,000.00 to the City of Paris at your earliest convenience. We greatly look forward to putting this money to good use. The intended goal is for this payment to be made each year without request. However, if Waste Connections would prefer that the City of Paris officially request that this donation be made, please consider this our official request that this amount be paid each year throughout the life of this agreement. We likewise would like to thank you for your partnership through our Landfill Service Agreement and we look forward to our continued work together, Sincerely, Grayson Path City Manager SOLLPHONS Septemberl , 2023 Mr. Grayson Path, Honorable Mayor and Councilmembers City of Paris 135 S. E. 1st Street P.O. Box Paris, Texas 75460 Ref: Price Increase Request Honorable Mayor and City Council: Sanitation Solutions would like to take this opportunity to thank you for allowing us to service the solid waste needs for the Paris, Texas community. As you are aware, on the second anniversary of the effective date, the Base Rate is increased or decreased in accordance with the most recently published CPI index. This is in accordance with the solid waste landfill agreement of Article 6, Paragraph E, of page 5 of 14, which refers to the right to request increases in the base rates based on the same percentage as the consumer price index. We present our request in anticipation that the city will consider and approve a 5.00% increase based on the most recent CPI data. (Copy attached) The requested increase will be effective October 11, 2023. The following is the calculation used to derive the increase percentage: Last posted index for the month of May — 2022 274.196 Last posted index for the month of May — 2023 288.006 Index Increase 13.810 Percentage Increase 5.04% Effective combined increase percentage 5.00% (According to agreement) Attached are copies of the worksheets detailing the increases. Please feel free to contact me should you have questions or comments regarding our request. Again, we appreciate your business and look forward to continuing our relationship with the City of Paris and its citizens. Mr. Woodie Brantley Municipal Marketing Representative Base Rates: Contractor shall charge City the following rates for receiving and disposing of Waste Material at the landfill ("Base Rates"): Currenty Rates Pr000sed Rates (i) Compacted waste Materials $29.51 $30.99 (ii) Curbside pickup of Bulky waste $10.00 $10.50 (iii) Construction and demolition material $19.36 $20.33 (iv) Brush Trucks (Uncompacted) $6.06 $6.36 I 10 17 Y� Vd Ri 4"",g a b are 61, tz 0 11 lu" Z I Irej= a tavr wI, Qp Ir V, Q! ht'l Ca qq Q'I't 4 e"'t IIIII V4 �,"4 CIO P4 v4 rev x tlD "A" "It, Abe .I,ou, 6: 64 �i, C M` O,T, % � v,f 4""� N, �q v lN" IIIT�"I�i hrijrl,�� 14") uN vu,�, a5 cl,� Zvn Vw .12 ;1 0 g