Attachment C
Resolution 2025-XXX Page 1 of 13
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FREMONT ADOPTING THE CITY’S MIXED
MUNICIPAL WASTE SERVICE FEE AT THE RECYCLABLES
DIVERSION AND TRANSFER STATION COMMENCING
JANUARY 1, 2 026 AND MAKING FINDINGS OF CEQA
EXEMPTION
WHEREAS, the City of Fremont (“City”) entered into a restated agreement with BLT Enterprises of Fremont Inc., ("Company"), for receipt, processing, transfer and disposal of municipal solid waste, curbside recyclable, organic waste, and household hazardous waste services effective June 30, 2025, at the Fremont Recycling and Transfer Station; and
WHEREAS, incorporated into the aforementioned contract are Exhibits 1 and 2 establishing the negotiated rates between the City and the Company for the receipt, processing, transfer and disposal of municipal solid waste known as the “Mixed Municipal Waste Service Fee”; and
WHEREAS, the City agreed to adjust the Service Fees biennially over the Base Term to reflect changes in the Consumers Price Index (“CPI”), OPIS fuel index, disposal, material commodity pricing, and regulatory fee changes as provided in Article 10 of the aforementioned contract and these revised service fees will be in effect from January 1, 2026 to December 31, 2027; and
WHEREAS, Liquidated Damages fees and Host fees are adjusted biennially over the Base Term to reflect change in the CPI of the All Urban Consumers Index as provided in Article 10 of the aforementioned contract; and
WHEREAS, there may be adjustments to the Local Enforcement Agency (“LEA”) Inspection Fee or the regulatory fees included in the landfill disposal component of the rates during the two-year rate setting period which that are unknown at the time of adoption of this resolution, and therefore the City Council intends to authorize the City Manager or designee to incorporate those revised fees into Exhibits 1 and 2 when the exact amount of those regulatory fee increases are known; and
WHEREAS, the self-haul rates include the following material processing and diversion fees: $4.06 per ton (minimum), $11.00 per ton (demolition debris), and $8.86 per ton (all other per ton self-haul), that Contractor will remit to the City as part of the monthly reconciliation.
Attachment C
Resolution 2025-XXX Page 2 of 13
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
FREMONT DOES HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The City Council adopts the attached revised Exhibit 1 and Exhibit 2 to the Agreement Between the City of Fremont and BLT Enterprises of Fremont, Inc. for Transfer Services, Curbside Recyclable Materials, Organic Waste, and Household Hazardous Waste.
SECTION 2. The City Council authorizes the City Manager or designee to incorporate any adjusted regulatory fee increases into revised Exhibits 1 and 2 when those increased rates are known; and
SECTION 3. The City Council adopts the liquidated damages amounts shown in revised Exhibit 7 to the Agreement Between the City of Fremont and BLT Enterprises of Fremont, Inc. for Transfer Services, Curbside recyclable Materials, Organic Waste, and Household Hazardous Waste.
SECTION 4. The City Council finds this action is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2), (4) and/or (5) and it has no possibility of a significant effect on the environment, as specified in CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.
ADOPTED ______________, by the City Council of the City of Fremont, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________ City Clerk City Attorney
Attachment C
Resolution 2025-XXX Page 3 of 13
EXHIBIT 1 – Service Fees
JANUARY 1, 2026- DECEMBER 31, 2027
Service Fee information shall be adjusted periodically in accordance with Article 10 of the Agreement.
CITY REGULATED SERVICE FEES PAID BY DELIVERING PARTY
Service Fee Component
City of Fremont
Mixed Municipal Waste Service Fee
Fremont
Only
Fremont
and Newark
Fremont and
Union City
Tri-Cities
Transfer Equipment Component 2.96 2.96 2.96 2.96
Facility Fixed Component 13.26 13.11 12.29 12.20
Transfer Variable Component 3.06 3.04 3.05 3.05
Facility Variable Component 3.03 2.60 2.68 2.58
Transfer Wage Component 9.40 9.41 9.36 9.34
Facility Wage Component 21.48 18.79 19.31 18.77
Health Insurance Component 9.20 8.62 8.73 8.63
Fuel Component 1.97 1.97 1.97 1.97
Disposal Component (1) 33.42 33.40 33.40 33.36
Alameda County LEA Inspection
Fee (2)
0.33 0.33 0.33 0.33
Fuel Tax – Transfer (2) 0.82 0.82 0.82 0.82
Total Service Fee/Ton $98.93
$95.05 $94.90 $94.01
(1) 88% of City Council approved landfill disposal rate (2) Pass through fees
(3) See biennial adjustment example in Exhibit 1b
CITY REGULATED SERVICE FEES PAID DIRECTLY BY THE CITY TO THE CONTRACTOR
High Value Commercial Recyclables Processing Fees
Material Composition Payment/Ton
to City
Processing Fee
85% or more high value commercial recyclables suspended $14.87/ton 80-84.99% high value commercial recyclables $0/ton $14.87/ton 75-79.99% high value commercial recyclables $0/ton $66.24/ton (4) Processing fees adjusted by same percentage as MMW Service Fee biennially
74.99% or less high value material - material processing fees below apply in addition to the Mixed Municipal Waste Facility Fee
Attachment C
Resolution 2025-XXX Page 4 of 13
0-30% residual level = $0
30.01-35% residual level = $34.16/ton
35.01-40% residual level = $49.19/ton
40.01-45% residual level = $66.80/ton
45.01-50% residual level = $83.50/ton
(5) Processing fees adjusted by CPI biennially
Construction and Demolition Debris Processing Fee
Transfer Equipment Component $2.32
Facility Fixed Component $12.20
Transfer Variable Component $2.39
Facility Variable Component $2.58
Transfer Wage Component $7.30
Facility Wage Component $18.77
Health Insurance Component $8.63
Fuel Component $1.54
Material Processing $91.14
Alameda County LEA inspection Fee $0.33
Fuel Tax – Transfer $0.64
Total Service Fee/ Ton $147.84
Less MMW Service Fee -$94.01
Additional Compensation Per C&D
Ton Sent to Zanker $53.83
(6) See biennial adjustment example in Exhibit 1b
Commercial Food Waste Transfer Fee
Transfer Equipment Component $1.69
Facility Fixed Component $12.20
Transfer Variable Component $1.74
Facility Variable Component $2.58
Transfer Wage Component $5.34
Facility Wage Component $18.77
Health Insurance Component $8.63
Fuel Component $1.13
Alameda County LEA Inspection Fee $0.33
Fuel Tax – Transfer $0.47
Total Service Fee/ Ton $52.88
(7) See biennial adjustment example in Exhibit 1b
Attachment C
Resolution 2025-XXX Page 5 of 13
Curbside Organic Waste Transfer Fee
Transfer and Facility Variable Component $3.21
Transfer Wage Component $4.72
Facility Wage Component $18.77
Health Insurance Component $8.63
Total Service Fee/ Ton $35.33
(8) See biennial adjustment example in Exhibit 1b
Curbside Recycling Compensation
Inbound Volume Processing per Ton $105.06
Landfill Residue Payment per Ton $59.83
Mixed Paper Processing Fee per Ton $41.56
(9) See biennial adjustment example in Exhibit 1b
HHW Administrative Fee $5,772.65/month
Waste Characterization – Standard $4,898.20/each
Waste Characterization – Single Load
Contractor Compensation for Extended Facility Receiving Hours $1,306.18/each
$531.59/hour
(10) Adjusted biennially by CPI
CITY IMPOSED FEES COLLECTED AND REMITTED BY CONTRACTOR
Host Fee – franchise tonnage from Newark & Union City $11.32/ton Host Fee – self haul tonnage charged per ton $13.31/ton Host Fee – self haul tonnage charged per load
Host Fee – divertible recycling per ton
Host Fee – recyclable rich materials
$5.86/load
$7.26/ton
$3.81/ton
Curbside Recyclables Offset Fee $3.28/ton
(11) Adjusted biennially by CPI
THRESHOLD AMOUNTS
Amount Regarded as Significant $36,319.06
City Hazardous Substances Indemnification Cap $36,688.37 Report Preparation Costs $10,637.71
(12) Adjusted biennially by CPI
Attachment C
Resolution 2025-XXX Page 6 of 13
EXHIBIT 1 b – Example Biennial Adjustment Calculations
Components, except for the fixed and pass-through, shall be adjusted as follows: current fee X (most recent index/prior index) = adjusted fee.
Mixed Municipal Waste Service Fee
Component
Adjustment
Index Used Current Fee
Most
Recent Index
Prior
Index Adjusted Fee
Transfer
Equipment
Component CPI $2.82 356.460
340.056 $2.96
Facility Fixed
Component no adjustment $12.20 n/a n/a $12.20
Transfer Variable
Component CPI $2.91 356.460 340.056 $3.05
Facility Variable
Component CPI $2.46 356.460 340.056 $2.58
Transfer Wage
Component CPI $8.91 356.460 340.056 $9.34
Facility Wage
Component CPI $17.91 356.460 340.056 $18.77
Health Insurance
Component
Health Insurance
Index/CPI floor $8.23 356.460 340.056 $8.63
Fuel Component OPIS Index $2.33 3.1483 3.7185 $1.97
Disposal
Component Pass-through $32.82 Pass-through $33.36
Alameda County
LEA Inspection
Fee Pass-through $0.33 Pass-through $0.33
Fuel Tax -
Transfer Pass-though $0.91 1.3273 1.4767 $0.82
Total Service
Fee/Ton $91.83 $94.01
Attachment C
Resolution 2025-XXX Page 7 of 13
Construction and Demolition Waste Processing
Component
Adjustment
Index Used Current Fee
Most
Recent Index
Prior
Index Adjusted Fee
Transfer Equipment
Component CPI $2.21 356.460
340.056 $2.32
Facility Fixed
Component
no
adjustment $12.20 n/a n/a $12.20
Transfer Variable
Component CPI $2.28 356.460 340.056 $2.39
Facility Variable
Component CPI $2.46 356.460 340.056 $2.58
Transfer Wage
Component CPI $6.96 356.460 340.056 $7.30
Facility Wage
Component CPI $17.91 356.460 340.056 $18.77
Health Insurance
Component
Health
Insurance
Index/CPI
floor $8.23 356.460 340.056 $8.63
Fuel Component OPIS Index $1.82 3.1483 3.7185 $1.54
Material Processing
Component CPI $86.95 356.460 340.056 $91.14
Alameda County LEA
Inspection Fee
Pass-
through $0.33 Pass-through $0.33
Fuel Tax - Transfer
Pass-
though $0.71 1.3273 1.4767 $0.64
Total Service Fee/Ton $142.06 $147.84
Less MMW Service Fee ($91.83) ($94.01)
Additional
Compensation per
C&D Ton Sent to
Zanker $50.23 $53.83
Attachment C
Resolution 2025-XXX Page 8 of 13
Commercial Food Waste Transfer
Component
Adjustment
Index Used Current Fee
Most
Recent Index
Prior
Index Adjusted Fee
Transfer
Equipment
Component CPI $1.61 356.460 340.056 $1.69
Facility Fixed
Component no adjustment $12.20 n/a n/a $12.20
Transfer Variable
Component CPI $1.66 356.460 340.056 $1.74
Facility Variable
Component CPI $2.46 356.460 340.056 $2.58
Transfer Wage
Component CPI $5.09 356.460 340.056 $5.34
Facility Wage
Component CPI $17.91 356.460 340.056 $18.77
Health Insurance
Component
Health Insurance
Index/CPI floor $8.23 356.460 340.056 $8.63
Fuel Component OPIS Index $1.33 3.1483 3.7185 $1.13
Alameda County
LEA Inspection
Fee Pass-through $0.33 Pass-through $0.33
Fuel Tax -
Transfer Pass-though $0.52 1.3273 1.4767 $0.47
Total Service
Fee/Ton $51.34 $52.88
Curbside Organic Waste Transfer
Component
Adjustment Index
Used Current Fee
Most Recent
Index
Prior
Index Adjusted Fee
CPI Component CPI $3.06 356.460
340.056 $3.21
Transfer Wage
Component CPI $4.50 356.460 340.056 $4.72
Facility Wage
Component CPI $17.91 356.460 340.056 $18.77
Health Insurance
Component
Health Insurance
Index/CPI floor $8.23 356.460 340.056 $8.63
Total Service
Fee/Ton $33.70 $35.33
Attachment C
Resolution 2025-XXX Page 9 of 13
Inbound Volume Processing Fee
Component
Adjustment Index
Used Current Fee
Most Recent
Index
Prior
Index Adjusted Fee
CPI Component CPI $85.70 356.460 340.056 $89.83
Facility Wage
Component CPI $8.35 356.460 340.056 $8.75
Health Insurance
Component
Health Insurance
Index/CPI floor $6.18 356.460 340.056 $6.48
Total Service
Fee/Ton $100.23 $105.06
Landfill Residue Payment
CPI Landfill Fee
Blended
Index
Landfill
Residue
Payment
Most Recent 356.460 $37.91
Prior 340.056 $37.26
% Increase 4.82% 1.74%
Proportion 35.0% 65.0%
Proportional Increase 1.69% 1.13% 2.82%
Prior $58.19
Increase with Blended
Index $59.83
Mixed Paper Processing Fee
Prior Mixed Paper Material Revenue/Ton $53.05
Current Mixed Paper Material Revenue/Ton $90.30
Change/Ton ($37.25)
Prior Mixed Paper Processing Fee $78.81
Revised Mixed Paper Processing Fee with
Change/Ton $41.56
(13) Material revenue/ton based on average price for proceeding 12-month period (July-June)
Attachment C
Resolution 2025-XXX Page 10 of 13
EXHIBIT 2 – Self-Haul Fees
JANUARY 1, 2026– DECEMBER 31, 2027
Self-Haul Service Fees shall be adjusted periodically in accordance with Article 10 of the Agreement.
Unit
Contractor
Compensation
Material
Processing
and
Diversion Host Fee Total Fee
Garbage (minimum charge) (1) Load $52.69 $4.06 $5.86 $62.61 Garbage Ton $112.16 $8.86 $13.31 $134.33
Green Waste/Wood Waste Ton $110.01 $8.86 $3.82 $122.69 Soil Ton $110.01 $8.86 $3.82 $122.69
ADC Ton $110.01 $8.86 $13.32 $132.19
Asphalt Ton $110.01 $8.86 $3.82 $122.69
Concrete Ton $110.01 $8.86 $3.82 $122.69
Concrete with Rebar Ton $110.01 $8.86 $3.82 $122.69
Demolition Debris Ton $110.01 $11.00 $13.32 $134.33
Compacted loads-Mixed Municipal
Waste Ton $112.16 $8.86 $13.31 $134.33
Divertible Materials Ton $77.41 $8.86 $7.24 $93.51
Tree Stumps and Poles Ton $110.01 $8.86 $3.82 $122.69
Certificate of Destruction
(documents) Ton $110.56 $8.86 $13.31 $132.73
Certificate of Destruction
(condemned) Ton $110.56 $8.86 $13.31 $132.73
Mattress/Box Spring (per set) (2) Set $37.62 N/A N/A $37.62 Tires (16 ”or less)
Item* $9.92 N/A N/A $9.92
Tires (>16” & < 21” ) Item* $19.82 N/A N/A $19.82
Tires (Tractor/off road) Item* $32.99 N/A N/A $32.99
Tires (Bulk load) Item* $19.82 N/A N/A $19.82
Attachment C
Resolution 2025-XXX Page 11 of 13
Unit
Contractor
Compensation
Material
Processing
and
Diversion Host Fee Total Fee
White Goods – Base Item* $12.17 N/A N/A $12.17
White Goods – Freon Removal Item* $36.54 N/A N/A $36.54 White Good – Per Mercury Switch Item* $8.64 N/A N/A $8.64 Shopping Carts Item* $12.17 N/A N/A $12.17
(1) Contractor may round maximum self-haul service fee for permitted materials charged by type to the nearest whole dollar (upward or downward)
(2) Fee collected to facilitate mattress and box spring recycling. Fee applied at $1 6.60 per piece.
Attachment C
Resolution 2025-XXX Page 12 of 13
EXHIBIT 7 – Liquidated Damages
JANUARY 1, 2024 – DECEMBER 31, 2025
The following liquidated damages shall be levied for Contractor’s failure to meet specific Contractor’s Obligations due to Contractor’s fault during Facility Operations. The amounts for liquidated damages will be adjusted biennially to reflect changes in CPI in the manner described in Article 10.
The Parties acknowledge that consistent, efficient Facility Operation is of utmost importance to the Collection Contractor(s) and the City; that failure to Operate the Facility in accordance with Obligations in the Agreement and failure to allow for Vehicles to efficiently unload at the Facility increase the City’s and/or its Collection Contractor(s)' costs; and the City has considered and relied on Contractor's representations as to its quality of service commitment in entering into this Agreement. The Parties further recognize that quantified standards of performance are necessary and appropriate to ensure consistent and reliable service. The Parties further recognize that if the Contractor fails to fulfill Contractor’s Obligations, the City and its residents and businesses will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of such damages. Therefore, the Parties agree that the following liquidated damages represent a reasonable estimate of the amount of such damages, considering all of the circumstances existing on the date hereto, including the relationship of the sums to the range of harm to the City, Collection Contractor(s), or Disposal Facility Contractor, that reasonably could be anticipated and anticipation that proof of actual damages would be costly or inconvenient. The Contractor agrees to pay (as liquidated damages and not as a penalty) the amounts listed in the table below for failure to perform the specified events of failure listed in the table due to the Contractor's fault.
In signing this Agreement, the Contractor specifically confirms the accuracy of the statements made in this Exhibit with respect to liquidated damages for all events of failure listed below and the fact that it had ample opportunity to consult with legal counsel and obtain an explanation of such liquidated damage provisions at the time that this Agreement was made.
Attachment C
Resolution 2025-XXX Page 13 of 13
Event Liquidated Damage
Failure to request approval from City for use of
Subcontractor in accordance with Section 3.11 of
Contractor’s Obligations as defined in Section 3.11
without consent of City
$1,771.73 per incident
Failure to make records available upon request $885.87 per request Failure to submit reports $88.60 per report per day
Failure to Operate during Facility Receiving Hours $442.91 per hour Failure to meet Vehicle Turnaround Guaranty
a. If delay less than 0.5 hours
b. If delay more equal to or more than .5 hour
$57.57 per event
$115.17 per event
After initial waste characterization, acceptance of
Source Separated Recyclable Materials, Source
Separated Yard Waste, or Recyclable Rich Materials
that contain higher quantities of Residue by weight
than allowed by the definition in Article 1 for such
material
$88.60 per ton of excess residue
Charging greater than Maximum Self Haul Service
Fees for Small Self Haul Customers
$88.60 per incident per
customer
Failure to remedy litter problem following a
complaint within time frame included in Article 8 $442.91 per incident Receipt of complaint(s) in each month in excess of 50
total complaints from unrelated complaints for the
given month
$88.60 for every complaint
received above 50 complaints
Failure to maintain complaint log $265.77 per event