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<br /> BACKGROUND <br /> Prior to the formation of the SBTSA, member agencies individually negotiated with BFI <br /> and its predecessor, San Mateo Scavenger, to set solid waste collection rates. It was <br /> presumed that the solid waste collection rates in each of the jurisdictions represented the <br /> approximate cost to provide service in that jurisdiction. <br /> Prior to 1995, the member agencies increased rates uniformly each year based on the <br /> SBTSA's recommendations. Significant changes occurred in BFI's operations, including the <br /> implementation of curbside recycling and plant material collection programs, the start-up <br /> of the Recyclery and expansion of the Ox Mountain Landfill. These changes have resulted <br /> in significant rate increases. <br /> Member agencies became aware of jurisdictional differences regarding factors affecting the <br /> cost of servicing each jurisdiction. These differences include franchise fees, curbside <br /> versus backyard service, distance to the transfer station, use of end-of-month service and <br /> services provided to jurisdictions without charge. The member agencies have also realized <br /> that the uniform rate-setting methodology prevented individual jurisdictions from <br /> reducing expenses through changes in service levels (e.g., curbside service). <br /> Because of these concerns, the SBTSA members believed it would be in their best interest to <br /> revise the rate-setting process in 1995 from a company-wide to a jurisdiction-based <br /> revenue requirement. The revisions allow each jurisdiction to make decisions (such as <br /> service changes, implementation of volume-based rates, adjustments to franchise fees or <br /> implementation of waste diversion programs), realize any cost savings, and pay the cost of <br /> new programs. <br /> In February 2000, acting on behalf of the Member Agencies, the South Bay Waste <br /> Management Authority (SBWMA), successor to the SBTSA, acquired the Transfer Station <br /> and the Recyclery as well as related facilities and equipment (Facilities) which were owned <br /> and operated by Contractor in accordance with a Purchase Agreement between SBWMA <br /> and Contractor. As part of that Purchase Agreement, and because of the Contractor's past <br /> experience with these Facilities and similar facilities nationwide, Contractor's past <br /> cooperative relationship with SBWMA, and Contractor's agreement to provide operation <br /> of the facilities in a manner and on terms which are in the best interest of the SBWMA <br /> Member Agencies, the SBWMA agreed to enter into an Operations Agreement to provide <br /> SBWMA Compensation Adjustment Guidelines June 6, 2000 <br /> PAGE 2 <br />