Local Government Association of South Australia Model Waste Management Contract Section C Conditions of Contract Attachment 1 Service Rates Schedule Version 3 (January 2014) [Click here and type Council name and/or logo] Section C Conditions of Contract Attachment 1 Service Rates Schedule CONTRACT NO: [Click here and type Contract number] CONTRACT FOR: [Click here and type title] [Click here and type Council name] [Click here and type Contract number and name] CONTENTS Attachment 1 Service Rates Schedule 1. OVERVIEW ................................................................................................................... 2 2. SERVICE RATES ......................................................................................................... 2 2.1 Garbage Collection Services ........................................................................... 2 2.2 Recyclables Collection Services ...................................................................... 2 2.3 Organics Collection Services ........................................................................... 2 2.4 Recyclables Processing Services .................................................................... 2 2.5 Organics Processing Services ......................................................................... 2 2.6 Street Litter Collection Services....................................................................... 2 2.7 Hard Waste Collection Services ...................................................................... 2 2.8 Resource Recovery Centre Operations ........................................................... 2 3. SERVICE RATES REVIEWS ........................................................................................ 3 3.1 Calculation of Revised Service Rates – Labour Component............................ 4 3.2 Calculation of Revised Service Rate – Fuel & Oil Component ......................... 4 3.3 Calculation of Revised Service Rate – All Other Costs .................................... 5 3.4 Calculation of Revised Service Rate – Special On-Property Collections.......... 5 3.5 Calculation of Revised Service Rate – Transport to Alternative Facility ........... 6 3.6 Use of Alternate Rise and Fall Indices ............................................................. 6 4. DETERMINATION OF KEY VARIABLES ..................................................................... 8 4.1 Service-Entitled Premises Numbers ................................................................ 8 5. PRESENTATION OF CLAIM ........................................................................................ 9 Section C – Attachment 1: Service Rates Schedule Page 1 Version 3: January 2014 [Click here and type Council name] [Click here and type Contract number and name] 1. OVERVIEW This Schedule forms the basis for determinations under the Contract with respect to: Service Rates payable in respect of Services performed under the Contract; Service Rates Reviews (Clause 10.6 Conditions of Contract); and Calculation of Claims submitted periodically by the Contractor (Clause 10.2 Conditions of Contract). This Schedule comprises five (5) components and sets out: 1. An overview of the function and content of the Schedule; 2. The Service Rates applicable to the making of a Claim by the Contractor for payment under this Contract pursuant to the provision of the Services; 3. The method and frequency of review of the Service Rates; 4. The key variables relevant to calculation of a Claim and how those variables are determined; and 5. The manner in which a Claim is to be calculated and presented to the Council on a Periodic basis. 2. SERVICE RATES This section will contain relevant tables and schedules of service rates for all aspects of the Services as detailed in the successful Tender. 2.1 Garbage Collection Services Details of Residual Waste Collection Rates as per the successful Tender 2.2 Recyclables Collection Services Details of Recyclables Collection Rates as per the successful Tender 2.3 Organics Collection Services Details of Organics Collection Rates as per the successful Tender 2.4 Recyclables Processing Services Details of Recyclables Processing Rates as per the successful Tender 2.5 Organics Processing Services Details of Organics Processing Rates as per the successful Tender 2.6 Street Litter Collection Services Details of Street Litter Collection Rates as per the successful Tender 2.7 Hard Waste Collection Services Details of Hard Waste Collection Service Rates as per the successful Tender 2.8 Resource Recovery Centre Operations Details of Resource Recovery Centre Operation rates as per the successful Tender Section C – Attachment 1: Service Rates Schedule Page 2 Version 3: January 2014 [Click here and type Council name] [Click here and type Contract number and name] 3. SERVICE RATES REVIEWS The Service Rates are subject to review on an annual basis throughout the Contract Term unless otherwise specified. The Service Rates review is based on a rise and fall formula, and each of the Service Rates is deemed to be comprised of the specified component parts in the percentages as identified in the Tender Return Schedules: Schedule 12. COMPONENT Labour Fuel & Oil All Other Fixed Costs Variable Costs Residual Waste Collection 35% Recyclables Collection 35% Organics Collection 35% Recyclables Processing 35% Organics Processing 35% Street Litter 35% Hard Waste 35% RRC Operations 35% Note: Distribution of the 65% variable Service Rate across the three components shall be as per the successful Tender. Section C – Attachment 1: Service Rates Schedule Page 3 Version 3: January 2014 [Click here and type Council name] [Click here and type Contract number and name] 3.1 Calculation of Revised Service Rates – Labour Component Labour Rise and Fall The labour component of the Service Rates set out in the Contract will be adjusted annually on the anniversary date of the Services Commencement Date as follows. R1 = (A - B) x P x100 B Where: R1 = The percentage increase to be applied to the labour component of the relevant Service Rate set out in the Service Rates Schedule. P = The percentage listed in Clause 3 of this Service Rates Schedule as being the proportion of the Service Rate attributed to the labour component of each waste stream. A = the amount specified in the Waste Management Award 2010 – Classification: Level 6: Minimum Weekly Wage, as first published for the quarter immediately preceding the relevant review. B = the amount specified in the Waste Management Award 2010 – Classification: Level 6: Minimum Weekly Wage, as last published and current as at the date of Tender. If an Enterprise or other site specific industrial agreement is used as the reference for Labour Rise & Fall, the maximum annual percentage increase shall be limited to that which would have been achieved from use of the index number allocated by the Australian Bureau of Statistics in the Consumer Price Index Catalogue No. 6401.0 Tables 1 and 2 for All Groups (Adelaide). 3.2 Calculation of Revised Service Rate – Fuel & Oil Component Fuel & Oil Rise and Fall The fuel and oil component of the Service Rates set out in the Contract will be adjusted quarterly on the 1st April, 1st July, 1st October and 1st January each year as follows. R2 = (C - D) x P x 100 D Where: R2 = The percentage increase to be applied to the fuel and oil component of the relevant Service Rate set out in the Service Rates Schedule. P = The percentage listed in Clause 3 of this Service Rates Schedule as being the proportion of the Service Rate attributed to the fuel and oil component of each waste stream. Section C – Attachment 1: Service Rates Schedule Page 4 Version 3: January 2014 [Click here and type Council name] [Click here and type Contract number and name] 3.3 C = The average Adelaide Terminal Gate Price (TGP) for diesel for the three months immediately preceding the review date, calculated by averaging the daily prices during the three months as published on the Australian Institute of Petroleum website www.aip.com.au D = The average Adelaide Terminal Gate Price (TGP) for diesel for the three months preceding the date of tender, calculated by averaging the daily prices during the three months as published on the Australian Institute of Petroleum website www.aip.com.au Calculation of Revised Service Rate – All Other Costs All Other Variable Costs Rise and Fall The all other variable costs component of the Service Rates set out in the Contract will be adjusted annually on the anniversary date of the Services Commencement Date as follows: R3 = (E - F) x P x 100 F Where: 3.4 R3 = The percentage increase to be applied to the all other variable costs component of the relevant Service Rate set out in the Service Rates Schedule. P= The percentage listed in Clause 3 of this Service Rates Schedule as being the proportion of the Service Rate attributed to the all other variable costs component of each waste stream. E= The index number allocated by the Australian Bureau of Statistics in the Consumer Price Index Catalogue No. 6401.0 Tables 1 and 2 for All Groups (Adelaide) as first published by the aforesaid Bureau for the quarter immediately preceding the relevant review. F= The index number allocated by the Australian Bureau of Statistics in the Consumer Price Index Catalogue No. 6401.0 Tables 1 and 2 for All Groups (Adelaide) as last published by the aforesaid Bureau and current as at the date of Tender. Calculation of Revised Service Rate – Special On-Property Collections Special On-Property Collection Services Rise and Fall The Special On-Property Collection Service Rate set out in the Service Rates Schedule will be adjusted at the Services Commencement Date and thereafter annually on the anniversary date of the Services Commencement Date as follows: R5 = (J - B) x 100 B Where: Section C – Attachment 1: Service Rates Schedule Page 5 Version 3: January 2014 [Click here and type Council name] [Click here and type Contract number and name] R5 = The percentage increase to be applied to the Special On-Property Collection Service Rate set out in the Service Rates Schedule. J = the amount specified in the Waste Management Award 2010 – Classification: Level 6: Minimum Weekly Wage, as first published for the quarter immediately preceding the relevant review. B = the amount specified in the Waste Management Award 2010 – Classification: Level 6: Minimum Weekly Wage, as last published and current as at the date of Tender. If an Enterprise or other site specific industrial agreement is used as the reference for Labour Rise & Fall, the maximum annual percentage increase for Special On-Property Collection Services Rise and Fall shall be limited to that which would have been achieved from use of the index number allocated by the Australian Bureau of Statistics in the Consumer Price Index Catalogue No. 6401.0 Tables 1 and 2 for All Groups (Adelaide). 3.5 Calculation of Revised Service Rate – Transport to Alternative Facility Transport To Alternative Facility Rise And Fall The Alternative Facility Payment Rate as set out in the Service Rates Schedule will be adjusted annually on the anniversary date of the Services Commencement Date as follows: R7 = (N - K) x 100 K Where: 3.6 R7 = The percentage increase to be applied to the Alternative Facility Payment Rate set out in the Service Rates Schedule. N= The index number allocated by the Australian Bureau of Statistics in the Consumer Price Index Catalogue No. 6401.0 Table 5 for Transportation (Adelaide) as first published by the aforesaid Bureau for the quarter immediately preceding the relevant review. K= The index number allocated by the Australian Bureau of Statistics in the Consumer Price Index Catalogue No. 6401.0 Table 5 for Transportation (Adelaide) as last published by the aforesaid Bureau and current as at the date of Tender. Use of Alternate Rise and Fall Indices CPI Tables 1 and 2 for All Groups (Adelaide) In the event that the Australian Bureau of Statistics ceases to publish the Consumer Price Index Catalogue No 6401.0 Tables 1 and 2 for All Groups (Adelaide), or the basis upon which that Index is calculated substantially changes then the Council may nominate another suitable Index for the purpose of calculation of Rise and Fall under this Contract that is equitable to both Parties. Section C – Attachment 1: Service Rates Schedule Page 6 Version 3: January 2014 [Click here and type Council name] [Click here and type Contract number and name] CPI Table 5 for Transportation (Adelaide) In the event that the Australian Bureau of Statistics ceases to publish the Consumer Price Index Catalogue No 6401.0 Table 5 for Transportation (Adelaide), or the basis upon which that Index is calculated substantially changes then the Council may nominate another suitable Index for the purpose of calculation of Rise and Fall under this Contract that is equitable to both Parties. Waste Management Award 2010 If the Waste Management award 2010 ceases to exist then the Parties shall select some similar award or labour agreement for the purposes of the reviews incorporating reference to this Award. In the event that they cannot agree on a selection then the matter shall be resolved pursuant to Clause 13 of the Conditions of Contract. Average Diesel Fuel Price (Adelaide) In the event that the Australian Institute of Petroleum ceases to publish the terminal gate price for diesel (Adelaide) or the fuel used by the Contractor no longer amounts to at least 80% diesel, then the Council may renegotiate the fuel component in clause 3 of this Service Rates Schedule and nominate another suitable Index for the purpose of calculation of Rise and Fall under this Contract that is equitable to both Parties. Section C – Attachment 1: Service Rates Schedule Page 7 Version 3: January 2014 [Click here and type Council name] [Click here and type Contract number and name] 4. DETERMINATION OF KEY VARIABLES In calculating the Claim applicable to any period, there are a number of key variables to be determined to enable the calculation of the Claim in accordance with Clause 5 of this Service Rates Schedule. 4.1 Service-Entitled Premises Numbers The agreed numbers of: Garbage Service-Entitled Premises to be included in the Garbage Collection Service, Recyclables Service-Entitled Premises to be included in the Recyclables Collection Service, Organics Service-Entitled Premises to be included in the Organics Collection Service, Street Litter Bins (including collection frequency); and Special On-Property Service-Entitled Premises, at the Services Commencement Date are determined prior to the Services Commencement Date based on Council data as supplied to the Contractor - “Base Numbers”, These Base Numbers are reviewed and amended annually on the anniversary of the Services Commencement Date by mutual agreement based on: Collection Data provided by the Contractor; and Council’s records and rate assessment database; The review and amend process must be documented and completed by no later than the first Periodic invoice date arising after the Collection Services Commencement Date anniversary. Section C – Attachment 1: Service Rates Schedule Page 8 Version 3: January 2014 [Click here and type Council name] [Click here and type Contract number and name] 5. PRESENTATION OF CLAIM The Contractor submits a claim for payment each month during the Contract Term as defined in Clause 10 in the Conditions of Contract. The Claim comprises fees for the relevant Services being provided under the Contract, calculated as: Garbage Collection Services fee during the month determined by: The number of Garbage Service-Entitled Premises as determined in Clause 4 of this Service Rates Schedule, multiplied by the number of Garbage Collection Services provided to each Garbage Service-Entitled Premise during the month. Multiplied by: The Rate per Garbage Service-Entitled Premise applicable during the month. Recyclables Collection Services fee for the month determined by: The number of Recyclables Service-Entitled Premises as determined in Clause 4 of this Service Rates Schedule, multiplied by the number of Recyclable Collection Services provided to each Recyclables Service-Entitled Premise during the month. Multiplied by: The Rate per Recyclables Service-Entitled Premise applicable during the month. Organics Collection Service fee for the month determined by: The number of Organics Service-Entitled Premises as determined Clause 4 of this Service Rates Schedule, multiplied by the number of Organics Collection Services provided to each Organics Service-Entitled Premise during the month. Multiplied by: The Rate per Organics Service-Entitled Premise applicable during the month. Recyclables Processing Service fee for the month determined by: The weight of Recyclables as defined in Section D: Part 5 - Recyclables Processing Specification processed during the month. Multiplied by: The Rate per tonne for Recyclables Processing applicable during the month. Organics Processing Service fee for the month determined by: The weight of Organics as defined in Section D: Part 6 - Organics Processing Specification processed during the month. Multiplied by: The Rate per tonne for Organics Processing applicable during the month. Section C – Attachment 1: Service Rates Schedule Page 9 Version 3: January 2014 [Click here and type Council name] [Click here and type Contract number and name] Street Litter Collection Services fee for the month determined by: The number of Street Litter Bins as determined in Clause 4 of this Service Rates Schedule, multiplied by the number of Street Litter Bin Collection Services provided to each Street Litter Bin during the month. Multiplied by: The Rate per Street Litter Bin Collection Service applicable during the month. Special On-Property Collection Services fee for the month determined by: The number of Special On-Property Service-Entitled Premises as determined in Clause 4 of this Service Rates Schedule, multiplied by number of Special OnProperty Collection Services provided to each such Premises during the month. Multiplied by: The Rate per Special On-Property Collection Service-Entitled Premise applicable during the month. Hard Waste Collection Service Fee for the month determined by: Hard Waste Collection Fee calculated as per successful Tender Transport to Alternative Facility Calculate as defined in Clause 4.5 of the Garbage Specification, Clause 6.6 of the Recyclables Collection Specification, Clause 6.5 of the Organics Collection Specification and Clause 6.5 of the Hard Waste Specification. Section C – Attachment 1: Service Rates Schedule Page 10 Version 3: January 2014