HomeMy WebLinkAboutRefuse and Trash AgreementRESOLUTION NO. 2007 — 116
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A REFUSE (TRASH) SERVICE RATE INCREASE
FOR EDCO DISPOSAL CORPORATION
WHEREAS, the last refuse (trash) service rate change for EDCO Disposal
Corporation, the City's contract refuse hauler, was on June 21, 2005; and
WHEREAS, the rate that the City must pay for refuse disposal is based upon
landfill and yardwaste tonnage, recyclables sold, and the Consumer Price Index; and
WHEREAS, the rate for refuse disposal that the City must pay is estimated to
increase from $35.54 per ton to $39.11 per ton, effective July 1. 2007; and
WHEREAS, the increase in the rate for refuse disposal requires an increase in
charges to the City's rate payers, in order to adequately fund the City's program for refuse disposal;
and
WHEREAS, the City Council held a noticed public hearing on June 5, 2007, at 6:00
p.m. in the City Council Chambers, 1243 National City Boulevard, National City, for the purpose of
considering an increase in rates for refuse services. At said public hearing the City Council
considered any objections and protests to the proposed rates.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National
City that the proposed refuse (trash)service rate schedule, a copy of which is attached hereto as
Exhibit "A" and incorporated herein by reference, is hereby approved, effective July 1, 2007.
PASSED and ADOPTED this 5th day of June, 2
nt�A
ATTEST:
Mic ael R. Della. ity Clerk
APPROVED AS TO FORM:
George H. E ser, III
City Attorney
0 ornson, Mayor
NATIONAL CITY RATE SCHEDULE
July 1, 2007
RUBBISH AND GARBAGE
1. RESIDENTIAL
Per month residential single family properties
CURRENT PROPOSED
MONTHLY MONTHLY
RATE RATE
$16.99 $16.64
For the second and for each additional
residential unit in multiple dwellings which
do not exceed four units $12.61 ' $13.12
2. TRAILER PARKS AND MOTELS
One time per week, per unit, per month $11.06 $11.51
3. APARTMENT HOUSES
One time per week, per unit, per month $11.23 $11.69
4. SENIOR CITIZEN RESIDENTIAL
Per month $12.79 $13.31
5. SILVER BAG SERVICE
Per month $2.19 $2.28
6. COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS
Up to (2) 40 gallon containers
Or (1) 90 gallon automated cart
One lime per week, per month $18.72 $19.82
Up to (4) 40 gallon containers
Or (2) 90 gallon automated cart
One time per week, per month $34.83 $36.87
Up to (6) 40 gallon containers
Or (3) 90 gallon automated cart
One time per week, per month $44.77 $47.39
EXHIBIT "A"
Page 1
RUBBISH AND GARBAGE
Up to (8) 40 gallon containers
Or (4) 90 gallon automated cart
One time per week, per month
Up to (10) 40 gallon contatners
Or (5) 90 gallon automated cart
One time per week, per month
Additional or unusual accumulation
of rubbish (per cubic yard)
BOX TYPE REFUSE SERVICE
NATIONAL CITY RATE SCHEDULE
July 1, 2007
CURRENT
MONTHLY
RATE
COLLECTION NUMBER YARDS
FREQUENCY OF BINS PER MONTH
1
2
3
4
5
6
7
1
2
3
4
5
6
7
1
2
3
4
5
6
7
1
1
1
1
1
1
1
2
2
2
2
2
2
2
3
3
3
3
3
3
3
13
26
39
52
.65
78
91
26
52
78
104
130
156
182
39
78
117
156
195
234
273
$55.34
$72.28
$18.72
CURRENT
MONTHLY
RATE
$98.95
$167.03
$235.12
$305.21
$37529
$445.38
$515.47
$169.04
$303.21
$437.37
$569.53
$701.70
$833.86
$966.02
$239.12
$435.37
$631.61
$825.85
$1,020.09
$1,214.33
$1,408.57
PROPOSED
MONTHLY
RATE
$58.58
$76.52
$19.82
PROPOSED
MONTHLY
RATE
$104.75
$176.82
$248.90
$323.10
$397.29
$471.49
$545.68
$178.95
$320.98
$463.01
$802.91
$742.83
$882.74
$1,022.64
$253.14
$460.89
$668.63
$874.26
$1,079.88
$1,285.51
$1,491.13
EXHIBIT "A"
Page 2
BOX TYPE REFUSE SERVICE
COLLECTION NUMBER YARDS
FREQUENCY OF BINS PER MONTH
NATIONAL. CITY RATE SCHEDULE -
July 1, 2007
CURRENT PROPOSED
MONTHLY MONTHLY
RATE RATE
1 4 52 $309.21 $327.33
2 4 104 $567.53 $800.80
3 4 156 5825.85 5874.28
4 4 208 $1.082.18 51.145.59
5 4 260 $1,338.48 *1,416.94
6 4 312 $1,594.80 51,888.28
7 4 384 $1,851.11 $1,959.81
1 5 65 $379.30 $401.53
2 5 130 $699.70 $740.71
3 5 195 $1,020.09 $1,079.88
4 5 260 $1,330.47 $1,408.45
5 5 325 S1,640.85 $1,737.03
6 5 390 91.951.23 52,085.60
7 5 455 52,281.83 $2,394.20
1 6 78 $449.38 $475.72
2 6 156 $831.86 5680.62
3 6 234 $1,214.33 $1,285.51
4 0 312 $1,564.79 $1,877.68
5 6 390 $1,955.25 $2,069.88
6 6 468 $2,325.70 $2,482.02
7 6 546 $2,698.16 12,854.20
EXHIBIT "A"
Page 3
National City Rate History Residential Commercial
07/01/94 $ 16.30 S 98.83
07/01 /95 $ 14.85 $ 90.07
07/01/96 $ 14.36 $ 87.04 1 -3.3%. -3.4%
07/01 /97 $ 13.95 $ 84.54 2 -2.9% -2.9%
07/01 /96 $ 13.95 S 84.54 3 0.0% 0.0%
07/01/99 $ 13.95 $ 84.54 4 0.0% 0.0%
07/01 /00 $ 13.95 $ 84.54 5 0.0% 0.0%
07/01/01 $ 14.83 $ 89.67 6 6.3% 6.1%
07/01/02 $ 14.83 $ 89.67 7 0.0% 0.0%
07/01/03 $ 15.33 $ 92.78 d 3.4% 3.5%
07/01/04 $ 15.33 $ 92.78 9 0.0% 0;0%
07/01/05 $ 15.99 $ •98.95 10 4.3% 6.7%
M 07/01/06 S 15.99 $ 98.95 10 0.0% 0.0%
2
W 07/01 /07 $ 16.64 $ 104.75 11 4.1% 5.9%
t-i
in
m 1211.
Passed and adopted by the Council of the City of National City, California, on June 5,
2007 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
� �i!/Lw
City k of the City of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-116 of the City of National City, California, passed and
adopted by the Council of said City on June 5, 2007.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE June 21,2005 28
AGENDA ITEM NO.
CITES. TITLE
A Resolution to Approve a Rate Increase for Edco Disposal Corporation
PREPARED BY Jeff Servatius
EXPLANATION
DEPARTMENT Public Works EXT.4580
See Attached Report
CEnvironmental Review
{Financial Statement
x WA
MIS Approval
The proposed rate increase will fall on all recipients of the trash Approved
service. By:
A Franchise Fee of 9% will be paid to the City.
>STAFF RECOMMENDATION
Adopt the Resolution.
Finance Oinelor
Account No.
BOARD 1 COMMISSION RECOMMENDATION
N/A
it, 41
C SO-2-6
ATTACHMENTS ( Listed Below) Resolution No.
1. Resolution
2. EDCO letter of May 11, 2005 ,4 efv L t0S- 13
A•200 (Rev.7p3)
RESOLUTION NO. 2005 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A TRASH SERVICE RATE CHANGE
FOR EDCO DISPOSAL CORPORATION
WHEREAS, the last refuse service rate change for Edco Disposal
Corporation, the Citys contract refuse hauler, was in July 2003; and
WHEREAS, the rate for waste disposal is estimated to increase from $34.60
per ton to $35.54 per ton, effective July 1, 2005; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of National City that the proposed refuse service rate schedule, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by reference, is hereby approved,
effective July 1, 2005.
PASSED and ADOPTED this 21'' day of June, 2005.
Nick Inzunza, Mayor
ATTEST:
Michael Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attomey
Passed and adopted by the Council of the City of National City, Califomia, on June 21,
2005, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
NICK INZUNZA
Mayor of the City of National City, California
&Al
City C rk of the City National City, California
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2005-134 of the City of National City, California, passed and
adopted by the Council of said City on June 21, 2005.
By:
City Clerk of the City of National City, California
Deputy
AMENDMENT TO AGREEMENT
FOR COLLECTION OF
RUBBISH AND TRASH
IN THE CITY OF NATIONAL CITY
This Amendment to Agreement is made and entered into this 20th
day of May, 2003, by and between the City of National City, hereinafter
referred to as "CITY," and EDCO Disposal Corporation, hereinafter referred to
as "CONTRACTOR".
RECITALS
A. On September 25, 1990, CITY and CONTRACTOR entered
into an agreement entitled "Agreement for Collection of Rubbish and Trash in
the City of National City by and between the City of National City and EDCO
Disposal Corporation for Services Rendered."
B. Said Agreement was amended on June 22, 1993 pursuant
to Resolution No. 93-86, and on November 9, 1993 pursuant to Resolution
No. 93-176, on June 21, 1994 pursuant to Resolution No. 94-88, on
September 16, 1997 pursuant to Resolution No. 97-119, and on June 12,
2001, pursuant to Resolution No. 2001-88.
C. CITY and CONTRACTOR now desire to amend the
provisions of said Agreement pertaining to the rates charged by
CONTRACTOR, due to an increase in the tipping fee, and to reflect an
increase in the Consumer Price Index for San Diego.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. That the National City Rate Schedule shall be as shown on
Exhibit "A", attached hereto and incorporated herein by reference, beginning
July 1, 2003.
2. Except as otherwise provided herein, all of the provisions of
the Agreement for Collection of Rubbish and Trash in the City of National City
by and between the City of National City and EDCO Disposal Corporation for
Services Rendered, dated September 25, 1990, and as subsequently
amended, shall remain in full force and effect.
Amendment to Agreement— EDCO
Collection of Rubbish and Trash
May 20, 2003
Page 2
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands on the date first above stated.
APPROVED AS TO FORM:
George H. Eiser, HI
City Attorney
CITY OF NATIONAL CITY
Nick Inzunza, yor
EDCO DISPOSAL CORPORATION
(Two Signatures Requked)
By:
Title: _ ���
AMENDMENT TO AGREEMDIT
FOR COLLECTION OF
RUBBISH AND TRASH
IN TI3E CITY OF NATIONAL CITY
This Amendment to Agreement is made and entered into this 16th day of September 1997,
by and between the City of National City, hereinafter referred to as "CITY", and Edco Disposal
Corporation, hereinafter referred to as "CONTRACTOR".
RECITALS
A. On September 25, 1990, CITY and CONTRACTOR entered into an agreement
entitled "Agreement for Collection of Rubbish and Trash in the City ofNational City by and
between the City ofNational City and Edco Disposal Corporation for Services Rendered".
B. Said agreement was amended on June 22, 1993 .pursuant to Resolution No. 93-86.
C. Said agreement was amendedonNovember 9, 1993 pursuant to Resolution No.
93-176.
D. CITY and CONTRACTOR now desire to amend Section I of said agreement,
concerning the term of the agreement.
NOW, THEREFORE, the parties hereto mutually agree to amend Section I of the
Agreement for Collection of Rubbish and Trash in the City ofNational City by and between the
City ofNational City and Edco Disposal Corporation for Services Rendered, as follows:
TERM. The term of this Agreement shall be amended to commence October 1, 1997 and
expire June 30, 2003, provided however, that commencing July 1, 1998 and every year thereafter,
automatic one year extensions shall be applied to said Agreement so that the term of the
Agreement shall remain between five (5) and six (6) years.
Should either party desire that said automatic one year renewal and extension provision be
tenninated, such party may give the other written notice of such termination not less than thirty
(30) days prior to July 1 of any year of the Agreement. Such notice will terminate the automatic
one year renewal and extension provision, and the Agreement shall remain in effect for the
balance of the tern then outstanding.
This amendment is to remain in force so long as the Company is owned by Ed Burr. If the
Company is sold, the contract will revert to a fixed term contract with the fixed tern being from
the date of sale to the next anniversary date (1 July) plus one year.
Except as otherwise provided herein, all of the provisions of the Agreement for Collection
of Rubbish and Trash in the City of National City by and between the City of National City and
Edco Disposal Corporation for Services Rendered, dated September 25, 1990, and as amended
on June 22, 1993, and on November 9, 1993, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the date
first above stated.
APPROVED AS TO FORM:
f'3La,
George Eiser, III
City Attorney
George rWaters, Mayor
EDCO DISPOSAL CORPORATION
By:
By:
AMENDMENT TO AGREEMENT
FOR COLLECTION OF
RUBBISH AND TRASH
IN THE CITY OF NATIONAL CITY
This Amendment to Agreement is made and entered into this 9th
day of November, 1993, by and between the City of National City, hereinafter
referred to as "CITY," and Edco Disposal Corporation, hereinafter referred to
as "CONTRACTOR."
RECITALS
A. On September 25, 1990, CITY and CONTRACTOR entered
into an agreement entitled "Agreement for Collection of Rubbish and Trash in the
City of National City by and between the City of National City and Edco
Disposal Corporation for Services Rendered."
B. Said agreement was amended on June 22, 1993 pursuant to
Resolution No. 93-86.
C. CITY and CONTRACTOR now desire to amend Section 1
of said agreement, concerning the term of the agreement.
NOW, THEREFORE, the parties hereto mutually agree to amend
Section 1 of the Agreement for Collection of Rubbish and Trash in the City of
National City by and between the City of National City and Edco Disposal
Corporation for Services Rendered, as follows:
TERM. The term of this agreement shall commence
November 10, 1993 and end on June 30, 1999.
Except as otherwise provided herein, all of the provisions of the
Agreement for Collection of Rubbish and Trash in the City of National City by
and between the City of National City and Edco Disposal Corporation for
Services Rendered, dated September 25, 1990, and as amended on June 22, 1993,
shall remain in full force and effect.
1
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands on the date first above stated.
APPROVED AS TO FORM:
1/3Zt 31LI.
George H. Eiser, III
City Attorney
_ . - e _44, ;7i .
George H. aters, Mayor
EDCO DISPOSAL CORPORATION
By:
2
AMENDMENT TO AGREEMENT
FOR COLLECTION OF
RUBBISH AND TRASH
IN THE CITY OF NATIONAL CITY
This Amendment to Agreement is made and entered into this 22nd day of
June, 1993, by and between the City of National City, hereinafter referred to as "CITY,"
and Edco Disposal Corporation, hereinafter referred to as "CONTRACTOR."
RECITALS
A. On September 25, 1990, CITY and CONTRACTOR entered into an.
agreement entitled "Agreement for Collection of Rubbish and Trash in the City of
National City by and between the City of National City and Edco Disposal Corporation
for Services Rendered."
B. CITY and CONTRACTOR now desire to amend various provisions
of said agreement.
NOW, THEREFORE, the partieshereto mutually agree to amend the
following provisions of the Agreement for Collection of Rubbish and Trash in the City
of National City by and between the City of National City and Edco Disposal Corporation
for Services Rendered, as follows:
1. Section 2.D., entitled "Definitions" 'Recyclable Material' " is hereby
amended to read as follows:
D. "RECYCLABLE MATERIAL" means "Designated
Recyclable Materials" as defined in Section 9.52.010 of the National City
Municipal Code.
2. Section 7 is amended to read as follows:
DUMP SITE: Contractor shall use disposal sites designated
by CITY. In this regard, Contractor shall pay whatever reasonable use fees
are charged for such a designated disposal site, and said fees shall be an
operating expense for purposes of setting rates hereunder. In any event,
Contractor will not burn any combustible substances within the City of
National City. All disposal activities of Contractor shall be conducted in
such a way as toenhance, and not impair, the health, welfare, sanitation
and safety of the people of the City of National City.
1
3. That the National City Rate Schedule shall be as shown on Exhibit
"A," attached hereto and incorporated herein by reference, beginning July 1, 1993.
4. Except as otherwise provided herein, all of the provisions of the
Agreement for Collection of Rubbish and Trash in the City of National City by and
between the City of National City and Edco Disposal Corporation for Services Rendered,
dated September 25, 1990, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
on the date first above stated.
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
cLJ--
George H. aters, Mayor
EDCO DISP9SAL CORPORATION
By;i'eteez,V 13—tvz/LJ
AGREEMENT FOR COLLECTION OF RUBBISH
AND TRASH IN THE CITY OF NATIONAL CITY
BY AND BETWEEN THE CITY OF NATIONAL CITY
AND EDCO DISPOSAL CORPORATION
FOR SERVICES RENDERED
THIS AGREEMENT is entered into this 25th day
of September 1990, by and between the City of National
City, hereinafter referred to as "City" and EDCO Disposal
Corporation, hereinafter referred to as "Contractor."
RECITAL
The parties desire to enter into this agreement to
provide for the exclusive right and duty of EDCO to collect,
transport, recycle and dispose of garbage, rubbish and
recyclable material from single-family residential, multi-
family, commercial, industrial and from City -occupied
facilities in accordance with this agreement,
of the City of National City, the regulations
the ordinances
established by
the County of San Diego and all applicable State and
Laws. Roil -off containers for construction debris
recycling are not included in this exclusive right.
SECTION 1. TERM: The term of this agreement shall be
from the date first written above and shall expire
November 17, 1994.
SECTION 2. DEFINITIONS: A. "GARBAGE" is all refuse
and waste, fruit, vegetable and animal matter, prepared and
intended for human consumption, and not so used.
1
Federal
and for
B. "RUBBISH" is refuse and waste material, whether com-
bustible or noncombustible, not included within the
definition of garbage as herein defined, including but not
limited to paper, rags, glass, ashes and yard waste (leaves,
grass, tree and vine trimmings). It shall not include
plaster, rock, sand, dirt, automobile frames or fenders, or
waste material relating to building operations, construction
or repair. It further does not include hazardous or toxic
materials nor dead animals.
C. "RECYCLE" or "RECYCLING" means the process of
collecting, sorting, cleansing, treating, and reconstituting
materials that would otherwise become solid waste, and
returning them to the economic mainstream in the form of raw
material for new, reused, or reconstituted products which
meet the quality standards necessary to be used in the
marketplace. "Recycling" does not include "transformation."
D. "RECYCLABLE MATERIAL" is material that is subject to.
the process of recycling, and includes such items as
newspaper, glass, ferrous and non ferrous metals, PET and
other plastics, cardboard, mixed paper, waste paper, yard
waste and other material mutually agreed upon.
SECTION 3. CONTRACTOR'S OBLIGATION TO COLLECT AND
RECYCLE GARBAGE AND RUBBISH: Contractor will collect and
remove all combustible and noncombustible rubbish and
garbage from the curbs, sidewalks or alleys within the city
2
limits of National City, as far as said garbage and rubbish
is placed properly for pickup; and Contractor will provide
all materials, supplies, equipment, and personnel necessary
to collect said rubbish and garbage pursuant to the terms of
this agreement. A .pilot curbside recycling program shall be
established in October 1990. In April, May and June of
1991, the results of the pilot program will be reviewed by
Contractor and by City. If agreement can be reached on the
scope and price of the service, a full citywide curbside
recycling program will be established in July 1991 with the
costs thereof to be coordinated with the October 1991
scheduled rate review. If agreement cannot be reached, the
City will advertise for bids to accomplish curbside
recycling.
Contractor shall collect and handle all appropriate
materials included within the term "Recyclable Material"
defined in Section 2, and as mandated by existing or future
City, County, State or Federal legislation or requirements.
Original and replacement containers for the household
accumulation of recyclable material shall be provided by
Contractor without charge and shall remain the property of
Contractor.
SECTION 4. RATES FOR CONTRACTOR'S SERVICES: Contractor
shall charge no more than the maximum rate set forth in the
Rate Schedule, which 'is exhibit "A" hereto and by this
reference incorporated herein as though fully set forth here-
3
inafter. Contractor may charge less than the rates in the
Rate Schedule, but not more. Any rate charged to a classifi-
cation of user shall be charged uniformly to all users in
that classification. In view of the unknown elements of
retrieval costs of recycling, the unpredictable changes in
landfill tipping fees, avoided tipping fees and the
volatility of the recycling market among other factors, the
rate schedules proposed by Contractor will be accompanied by
a report from an outside auditing firm (to be selected by
City and paid by Contractor) covering both the refuse collec-
tion and recycling operations. Funds obtained from the sale
of recycled items shall be used to offset other elements of
cost in consideration of an appropriate rate structure.
Charges to commercial or industrial customers who present
large amounts of recyclable material may be offset to
acknowledge the value of such material to the customer. The
Rate Schedule may be modified from time to time as provided
later in this agreement.
SECTION 5. EXTRA COMPENSATION: In the event the volume
pickup
of rubbish and/or garbage left for p p by a user is
excessive or, in the event that accessibility to pickup
points is restricted or impaired, thereby causing additional
cost of collection to Contractor, Contractor shall
r
ne otiate i
good ood faith,a collection fee with the affected
g
user. In the event a dispute arises between Contractor and
a user as to the excessiveness of the volume of trash left
for pickup, City shall make the final determination as to
excessiveness.
SECTION 6. STANDARD OF SERVICE: In rendering services
pursuant to this agreement, Contractor shall use equipment
that is in good operable condition, and good, clean appear-
ance. All field employees of Contractor who deal with the
public shall wear uniforms, first reasonably approved by the
City Manager of City, and all employees shall be required by
Contractor to be courteous and helpful in their dealings
with the public.
Contractor's employees are required to remove properly
contained rubbish and garbage but have no responsibility to
clean up a. littered area when the fault is overfilled
containers, dumping by vandals or otherwise poor housekeep-
ing. Contractor is required to clean up litter or liquid
spills caused by his operation, and this must be done
immediately.
SECTION 7.. DUMP SITE: Contractor shall either furnish
its own disposal site, or use disposal sites provided to it
by the County of San Diego. In any event, Contractor will
not burn any combustible substances within the City of
National City. All disposal activities of Contractor shall
be conducted in such a way as to enhance, and not impair,
the health, welfare, sanitation and safety of the people of
the City of National City.
5
Upon 30 days written notice, City may require Contractor
to use a disposal site designated by City, provided that
adequate acess is available to Contractor to provide reason-
able use of such a designated disposal site. In this
regard, Contractor shall pay whatever reasonable use fees
are charged for such a designated disposal site, and said
fees shall be an operating expense for purposes of setting
rates hereunder.
SECTION 8. FREQUENCY OF SERVICE: Contractor shall
collect rubbish and garbage from residential users at least
one time per week, with collections from any user being on
the same day of the week, such day to be designated by
Contractor.
Collection from commercial, industrial, and manufactur-
ing users, except recycling, shall be as frequently as
agreed upon between Contractor and user, but not less often
than weekly.
SECTION 9. HOURS FOR COLLECTION: All collection
activities of Contractor pursuant to this contract shall
occur between the hours of 7:00 a.m. and 4:30 p.m.
SECTION 10. CARE OF USERS' CONTAINERS: Contractor
shall insure that its employees make reasonable efforts to
avoid damage to users' rubbish and garbage containers.
SECTION 11. SERVICE TO CITY: Contractor shall collect
garbage and rubbish from City -owned property, as frequently
as is necessary to prevent the accumulation of rubbish or
garbage on City -owned property, without charge to City.
Collection service includes removal of sweeping debris.
SECTION 12. BIANNUAL CLEANUP: Contractor agrees to
provide two annual cleanup campaigns and to cooperate with
City as to the date and manner of conducting said cleanup
campaigns.
SECTION 13. CONTRACTOR TO OBEY ALL LAWS IN THE PERFORM-
ANCE OF THIS CONTRACT: Contractor warrants that it will
comply with all Local, State and Federal laws and regula-
tions applicable to its operation.
SECTION 14. COLLECTION OF BULKY ITEMS: Contractor is
required to establish a program for pickup, recycling as
required and disposal of major household appliances (stove,
refrigerator, washer, dryer, etc.), and major household
furniture (couch, chair, table, mattress, etc.). Said
program shall include a procedure for informing Contractor's
customers of the existence of said program-, and of the
details of said program (e.g., pickup times).
The program shall require pickup on Saturday. An
appointment is required which may be made by contact with
EDCO as late as Friday for pickup the following day.
Provision also shall be made to ensure that set out items
having doors are rendered safe by either removal of the door
latch mechanism, by welding the doors shut or by removal of
the doors, such action to occur within eight (8) working
7
hours of notification to Contractor by the customer. Costs
for this program are considered a basic business cost to be
included in overall rate establishment and without
additional charge to the' customer. It is understood
that this program does not include removal of autos or
automotive components, construction or demolition debris,
dirt, sand, concrete, asphalt, etc. These type materials
are to be hauled on a for -a -fee basis. Bulky items are to
be set out at normal trash location.
SECTION 15. INSURANCE: Contractor, at its sole cost
and expense, shall purchase and maintain throughout the term
of this agreement, the following insurance policies:,
A. Automobile insurance covering all bodily injury and
property liability incurred during the performance of this
agreement, with a minimum coverage of $t0,000,000 combined
single limit per accident. Such automobile insurance shall
include non -owned vehicles.
B. Comprehensive general liability insurance, with
minimum limits of $1,000,000 combined single limit per
occurrence, covering all bodily injury and property damage
arising out of its operation under this agreement.
C. Workers' compensation insurance covering all of its
employees and volunteers.
D. The aforesaid policies, except for the workers'
compensation policy, shall name City and its officers,
8
agents, and employees as additional insureds, and shall
constitute primary insurance, with respect and limited only
to Contractor's performance under this agreement, as to
City, its officers, agents and employees, so that any other
policies held by City shall not contribute to any loss
under said insurance. Said policies shall provide for
thirty (30) days prior written notice to City of
cancellation or material change.
E. Concurrently with the execution of this agreement,
Contractor shall furnish City with a certificate or other
sufficient proof that the above insurance provisions have
been complied with. Said certificate or other proof shall
be filed with and approved by the City Risk Manager. If
Contractor does not keep all of such insurance policies in
full force and effect at all times during the term of this
agreement, City may elect to treat the failure to maintain
the requisite insurance as a breach of the contract and
terminate the agreement as provided herein.
F. If any required insurance coverage is provided on a
"claims made" rather than "occurrence" form, Contractor
shall maintain such insurance coverage for three years after
expiration of the term (and any extensions) of this
agreement.
G. Insurance provisions may be updated at the option of
City every three years.
HOLD HARMLESS: Contractor shall at its own risk, cost
and expense, indemnify, defend, and hold harmless, City,
9
its officers, agents and employees from and against any and
all liability, loss, expense, including defense costs, legal
fees, and claims for damages, arising from Contractor's
performance under the terms of this agreement.
SECTION 16. FRANCHISE FEE: As a franchise fee,
Contractor will pay the City of National City a sum of money
equal to two percent (2%) of Contractor's gross collections
derived from services rendered pursuant to this agreement.
The franchise fee will increase to 5% effective October 1,
1992 and will increase by 1% on July 1 of each succeeding
year for the remainder of the contract term. Said franchise
fee will be payable on the 20th day of each month. City
shall have the right, at reasonable times and places, to
inspect Contractor's books and records to insure the proper
and, correct payment of the franchise fee.
SECTION 17. EXCLUSIVE CONTRACT: City hereby grants to
Contractor, during the term of this agreement, the exclusive
right to collect all rubbish and garbage and recyclable
material within the City of National City, as it now, or in
the future, exists. City will not grant, during the term of
this agreement, any other person the right to collect any
rubbish or garbage or recyclable material for compensation
within its city limits. Nothing herein is intended to
prevent customary agreements to service commercial/indus-
trial facilities for recyclable material from roll -off
containers nor to prevent individuals from recycling their
10
own material nor charitable organizations from recycling
donated materials. Roll -off containers for construction
debris are not included in this exclusive right.
SECTION 18. NOTICE OF DEFAULT OF CONTRACT: If City
determines Contractor is in default of any term or condition
of this agreement, it shall give Contractor written notice
of said default, and Contractor shall correct said default
within 30 days. If Contractor fails to correct fault to the
satisfaction of City, City may, by written communication,
cancel this agreement and purchase at the then fair market
value all of Contractor's equipment, books, records, and
supplies, used by it in the performance of this agreement,
and to take immediate possession of said property and use it
as City deems appropriate.
SECTION 19. CITY CONTROL DURING NATURAL DISASTER OR
DECLARED DISASTER OR LABOR DISPUTE: In the event of a local
natural disaster or any declared disaster, City may direct
and control and use all of the equipment of Contractor used
by it in the performance of this agreement.
Furthermore, in the event of a labor dispute, which
prevents Contractor from performing the terms and conditions
of this contract, City may, but need not, take over
Contractor's equipment and operate the same for rubbish and
garbage collection purposes within the City of National
City.
11
In the event any such labor dispute is not settled
within 120 days after City exercises its right to take over
Contractor's equipment and operate the same, City may, but
need not, purchase all of Contractor's equipment, books, and
records, necessary to perform this agreement at the then
fair market value, cancel this agreement and use said
property as it deems proper.
SECTION 20. CONTRACTOR'S PERFORMANCE BOND: Contractor
shall deliver to the City Treasurer a performance bond
issued by a surety licensed to engage in business in the
state of California, or cash or government bonds in the sum
of $25,000.00 to guarantee its faithful performance of this
contract.
SECTION 21. CONTRACTOR'S OFFICE: During the term of
this agreement, Contractor shall maintain a business office
with regular office hours at a location in the City of
National City, which provides convenient access to the users
of Contractor's services. Contractor shall keep the City
Manager of City and its users informed of the location of
said office.
SECTION 22. BILL AND COLLECT: Contractor shall, at its
own expense, bill and collect service charges due it,
pursuant to this contract.
SECTION 23. APPLICATIONS FOR RATE CHANGE: Contractor
may apply, annually, for changes in the rates charged
12
pursuant to this agreement. Said application shall be in
writing, addressed to the City Manager of City, and contain
the financial and statistical data upon which the rate
change application is made. By agreement, annual "cost of
living" changes will be based upon the CPI for San Diego and
will be equal to the percentage change in the index with,
however, a cap of 6%. Thereafter, after report and
recommendation to it by its manager, the City Council
will act on said application, either grant the same, denying
the same or granting some different rate schedule than that
applied for. Such rate change shall be effective on
October 1 of each year.
Changes in the rates (tipping fees) charged by the
owners/operators, of sanitary landfill sites utilized by the
Contractor shall be considered as "pass -through" costs.
Upon notification to the Contractor of a proposed tipping
fee change, the Contractor should submit a letter request
for rate change to the City, defining the impact of such
change on his costs, and proposing a rate change that will
exactly recoup the tipping fee change. Any approved rate
change reflecting a change in tipping fees may be concurrent
with the change in tipping fees.
SECTION 24. NON -ASSIGNABILITY: Contractor's rights and
duties under this contract cannot be assigned, in whole or
in part, without the consent of the City Council first
13
obtained in the form of a resolution duly passed and
adopted.
SECTION 25. INDEPENDENT CONTRACTORS: City and
Contractor are independent contractors with respect to each
other, and none have the authority to incur obligations of
any kind in the name of or for the account of each other, or
to commit or bind each other without the other's written
consent.
SECTION 26. COMPLIANCE WITH APPLICABLE LAW:
Contractor, in the performance of the service to be provided
herein, shall comply with all statutes, State or Federal,
and all ordinances, rules, and regulations of the City of
National City, whether now in force or subsequently enacted.
SECTION 27. PRIOR AGREEMENTS. This agreement shall
supersede all prior agreements between City and Contractor.
CITY OF NATIONAL CITY
APPROVEDAS TORM BY:
George H. Elser, 1i1
City Attorney
ATTEST:
By:
) -,1 �AA 4e..1
CITY CLERK
EDCO DISPOSAL CORPORATION
BY:
14
NATIONAL CITY RATE SCHEDULE
10-01-90
RUBBISH AND GARBAGE
MONTHLY
RATE
1. Residential
Per month residential single
family properties.
For the second and each
additional residential unit
in multiple dwellings which
do not exceed four units
2. Trailer Parks and Motels ($5.00 Min.)
One time per week, per unit, per month
3. Apartment Houses (no minimum)
One time per week, per unit, per month
4. Senior Citizen - Residential
Per month
8.75
6.60
6.20
6.15
7.10
EXHIBIT I
NATIONAL CITY RATE SeBEUULE
10-01-90
RUBBISH AND GARBAGE
MONTHLY
RATE
1. Residential
Per month residential single
family properties.
For the second and each
additional residential unit
in multiple dwellings which
do not exceed four units
2. Trailer Parks and Motels ($5.00 Min.)
One time. per week, per unit, per month
3. Apartment Houses. (no minimum)
One time per week, per unit, per month
4. Senior Citizen - Residential
Per month
8.75
6.60
6.20
6.15
7.10
EXHIBIT l�
NATIONAL CITY RATE SCHEDULE
10-1-90
RUBBISH AND GARBAGE
(COMMERCIAL AND INDUSTRIAL
ESTABLISHMENTS)
MONTHLY
RATE
Up to (2) 40 gallon
One time per week -
Up to (2) 40 gallon
Two times per week -
containers
per month
containers
per month
Up to (2) 40 gallon containers
Three times per week - per month
Up to (2) 40 gallon containers
Four times per week - per month
Up to (2) 40 gallon containers
Daily (Six days/Monday thru
Saturday)
Additional or unusual accumulation
of rubbish
10.25
16.30
21.00
25..95
33.90
6.15
NATIONAL CITY RATE SCHEDULE
10-1-90
BOX TYPE REFUSE SERVICE
NUMBER COLLECTION YARDS PER MONTHLY
OF BINS FREQUENCY MONTH RATE
1 1 13 54.25
1 2 26 87.30
1 3 39 120.35
1 4 52 153.40
1 5 65 186.50
1 6 78 219.50
1 7 91 271.75
2 1 26 110.20
2 2 52 174.00
2 3 78 238.95
2 4 104 306.80
2 5 130 355.55
2 6 156 404.85
2 7 182 475.60
3 1 39 161.25
3 2 78 255.20
3 3 117 349.15
3 4 156 405.15
3 5 195 523.75
3 6 234 630.45
3 7 273 777.80
4 1 52 197.20
4 2 104 321.30
4 3 156 445.75
4 4 208 522.00
4 5 260 673.95
4 6 312 759.20
4 7 364 999.90
5 1 65 234.30
5 2 130 388.60
5 3 195 543.15
5 4 260 667.00
5 5 325 801.00
5 6 390 966.85
5 7 455 1186.10
6 1 78 271.15
6 2 156 455.90
6 3 234 640.60
6 4 312 737.20
6 5 390 892.60
6 6 468 1086.35
6 7 546 1336.00
FIRST AMENDMENT TO THAT CERTAIN AGREEMENT
BETWEEN THE CITY OF NATIONAL CITY AND
ED BURR, DOING BUSINESS AS EDCO DISPOSAL
CORPORATION DATED SEPTEMBER 6, 1977.
WHEREAS, the City of National City, hereinafter referred to as
"CITY" and ED BURR, doing business as EDCO DISPOSAL CORPORATION, herein-
after referred to as "CONTRACTOR", did on the 6th day of September, 1977.
enter into an agreement providing for contractor to have an exclusive right
to collect "rubbish" and "garbage" in the City, and
NOW, THEREFORE, the parties hereto, for and in consideration of the
mutual covenants herein expressed and for other good and sufficient consi-
deration, do agree as follows:
Section 21. Term of Contract.
Section 21 of the agreement of the 6th day of September, 1977, by and
between City and contractor, is hereby amended to read as follows:
Section 21. The term of this contract shall be from
November 18, 1980 until November 17,1990.
IN WITNESS WHEREOF the parties hereto have executed this agreement
the 1.4 day of ‘X.ImirT 1980.
CITY OF NATIONAL Aiip
By:
IL
EDCO DISPOSAL CORPORATION
By:
1
•
AGREEMENT FOR COLLECTION OF RUBBISH
AND TRASH IN THE CITY OF NATIONAL CITY
BY AND BETWEEN THE CITY OF NATIONAL
CITY AND EDCO CORPORATION
FOR SERVICES RENDERED
WHEREAS, EDCO CORPORATION (Contractor) is the suc-
•cessor in interest to rights to collect trash, rubbish, and
garbage in the CITY OF NATIONAL .CITY (City) pursuant to a
contract executed on the 6th day of August, 1962 between
the City and Raymond T. Keener, and
WHEREAS, various amendments to the aforementioned
contract have occurred in the intervening years, and
WHEREAS, Contractor desires the City's consent to
an increase in rates for services rendered by and pursuant
to said contract, and
WHEREAS, City and Contractor desire to make other
minor modifications of said contract;
NOW, THEREFORE, for and in consideration of the con-
sideration herein contained, and for other good and fair con-
sideration, the parties hereto do agree as follows:
SECTION 1. DEFINITIONS:
A. GARBAGE is defined as .all refuse and waste,
fruit, vegetable and animal matter, prepared and intended for
human consumption,' and not so used.
B. RUBBISH is refuse and waste material, whether
combustible or noncombustible, not included within the defini-
tion of garbage as herein defined, including but not limited
to paper, rags, leaves, glass, cans
ashes, tree and vine trim-
mings. It shall not include plaster, rock, sand, dirt, automobile
frames or
erations,
fenders, or waste material pertaining to building op -
construction or repair, water heaters or furniture.
SECTION 2. CONTRACTOR'S OBLIGATION TO COLLECT
GARBAGE AND RUBBISH:
The Contractor will collect and remove
all combustible and noncombustible rubbish and garbage from
the curbs, sidewalks or alleys within the City limits of
National City, so far as said garbage and rubbish is placed
properly for pickup; and the Contractor will provide all materials,
supplies, equipment, and personnel necessary to collect said rub-
bish and garbage pursuant to the terms of this agreement.
SECTION 3. RATES FOR CONTRACTOR'S SERVICES:
Contractor shall charge no more than the maximum rate set forth
in the Rate Schedule which is
reference incorporated herein
after. Contractor may charge
Exhibit "A" hereto and by this
as though fully set forth herein -
less than the rates in the Rate
Schedule, but not more. Any rate charged to a classification
of user shall be charged uniformly to all users in that classi-
fication.
SECTION 4. EXTRA COMPENSATION: In the event the
volume of rubbish and/or garbage left for pickup by a user is
greater than the volume limits set forth on Exhibit "A", or,
in the event that accessability to pickup points is restricted
or impaired, thereby causing additional cost of -collection to
Contractor, the Contractor shall negotiate, in good faith, a
collection fee with the affected user.
2
SECTION 5. STANDARD OF SERVICE: In rendering
services pursuant to this contract, Contractor shall use
equipment which is in good, operable condition, and good, clean
appearance. All employees of Contractor who deal with the
public shall wear uniforms, first reasonably approved by the
City Manager of City, and said employees shall be required by
Contractor to be courteous and helpful in their dealings with
the public.
SECTION 6. DUMP SITE: Contractor shall either fur-
nish its own disposal site, or use disposal sites provided
to it by the County of San Diego. In any event, Contractor
will not burn any combustibles within the City of National City.
• All disposal activities of Contractor shall be conducted in
such a way as to enhance, and not impair, the health, welfare,
sanitation and safety of the people of the City of National City.
Upon 30 days written notice, the City may require
Contractor to use a disposal site designated by it, provided
that adequate access is available to Contractor to provide
reasonable use of such a designated disposal site. In this
regard, Contractor shall pay whatever reasonable use fees
the City charges for such a designated disposal site, and said
fees shall be an operating expense for purposes of setting
rates hereunder. '
SECTION 7. FREQUENCY OF SERVICE: Contractor shall
collect rubbish and garbage from residential users at least
one per week, with collections from any user being on
3
•
the same day of the week, such day to be designated by the
Contractor. In this regard, Contractor shall not require
residential users to segregate rubbish and garbage into sep-
arate containers.
Collection from commercial, industrial, and manu-
facturing users shall be as frequently as agreed upon between
Contractor and user, charges being according to the Rate
Schedule (Exhibit "A").
SECTION 8. HOURS FOR COLLECTION: All collection
activities of Contractor pursuant to this contract shall occur.
between the hours of 7:00 a.m. and 4:30 p.m.
SECTION 9. CARE OF USER'S CONTAINERS: Contractor
shall insure that its employees make reasonable efforts to
avoid damage touser's rubbish and garbage containers.
SECTION 10. FREE SERVICE TO CITY: Contractor shall
collect garbage and rubbish from City owned property, as fre-
quently as is necessary to prevent the accumulation of rubbish
or garbage on City owned property, without charge to the City.
Free collection service includes service to City owned housing
units.
SECTION 11. INSURANCE: During the term of this
contract, Contractor shall maintain a policy of public lia-
bility and property damage insurance with combined single
limits of at least $500,000.00, and $50,000.00 as to property
damage,on which policy the City of National City shall be
named as a co-insured. The existence of said insurance shall
4
be evidenced by delivery to the City of a Certificate of
Insurance requiring 30 days written notice of cancelation
of said insurance to the City in care of its City Manager at
his office in the Civic Center, 1243 National Avenue, National
City, California.
Contractor will likewise maintain, and deliver to
the City a similar certificate, workers compensation insurance
covering all of its employees.
SECTION 12. CONTRACTOR TO OBEY ALL LAWS IN THE
PERFORMANCE OF THIS CONTRACT: /he Contractor warrants that it
will comply with all local, state and federal laws and regula-
tions applicable to its operations.
SECTION 13. FRANCHISE FEE: As a franchise fee the
Contractor will pay the City of National City a sum of money
equal to two percent (2%) of its gross receipts derived from
services rendered pursuant to this agreement. Said franchise
fee will be payable annually on the 30th day of June. City
shall have the right, at reasonable times and places, to inspect
Contractor's books and records to insure the proper and cor-
rect payment of the franchise fee. Upon six months written
notice, City may increase the franchise fee to a maximum of four
•percent of gross receipts. 'In this regard Contractor will keep
its books and records in National City, will deliver them for
inspection to the office of the City Manager, Civic Center,
National City, California, upon demand.
SECTION 14. EXCLUSIVE CONTRACT: To the extent it
is legally able, the City hereby grants to Contractor, during
the term of this agreement, theexclusive right to collect
all rubbish and garbage within the City of National City, as
it now, or in the future, exists. The City will not grant,
during the term of this agreement, any other person the right
to collect any rubbish or garbage for compensation within its
City limits.
SECTION 15. NOTICE OF DEFAULT OF CONTRACT: If
City determines Contractor. is in default of any term or con-
dition of this agreement, it shall give Contractor written
notice of said default, and Contractor shall correct the same
within 30 days. If Contractor fails to correct said default
within 30 .days, City may, by written communication, cancel this
agreement -.and purchase at the then fair market value all of the
'Contractor's equipment, books, records, and supplies, used by it
in the performance of this agreement, and to take immediately
possession of said property and use it as the City deems appropriate
SECTION 16. CITY CONTROL DURING NATURAL DISASTER
OR DECLARED DISASTER OR LABOR DISPUTE: In the event of a local
natural disaster or any declared disaster, the City may direct
and control and use all of the equipment of the Contractor used
by it in the performance of this agreement.
Furthermore, in the event of a labor dispute which
prevents contractor from performing the terms and conditions of
this contract, City may, but need not, take over Contractor's
equipment and operate the same for rubbish and garbage collection
purposes within the City of National City.
6
In the event any such labor dispute is not settled
within 120 days after City exercises its right to take over
Contractor's equipment and operate the same, the City may, but
need not, purchase all the Contractor's equipment, books, and
records, necessary to perform this agreement at .the then fair
market value, cancel this agreement and use said property as
it deems proper.
SECTION 18. CONTRACTOR'S PERFORMANCE BOND: Contract-
or shall deliver to the City Treasurer a performance bond is-
sued by a surety licensed to engage in business in the state
of California, or cash, or government bonds in the sum of
$25,000.00 to guarantee its faithful performance of this
contract.
SECTION 19. CONTRACTOR'S OFFICE: During the term
of this agreement, Contractor shall maintain a business office
with regular office hours at a location in the City of National
City which provides convenient access to the users of Contractor's
services. Contractor shall keep the City Manager of City and
its users informed of the location of said office.
SECTION 20. BILL AND COLLECT:'. The Contractor shall,
at its. own expense, bill and collect service charges due it
pursuant to this contract.
SECTION 21. TERM OF CONTRACT: The term of this
contract shall be from September 1, 1977 to 31st day of
August, 1982.
Oat l 3.17 a / g i(jov i qed C/J.. 2
fa,/
-c- Ps\nn , I e io t/ t g eo 17 &wV ! i 0
SECTION 22. APPLICATIONS FOR RATE CHANGE: Contractor
may, from time to time, apply for changes in the'rates.charged
pursuant to this agreement. Said application shall be in writing,
addressed to the City Manager of City, and contain the financial
and statistical data upon which the rate change application is
made. Thereafter, after report and recommendation to it by its
manager, the City Council will act on said application, either
grant the same, denying the same or granting some different
rate schedule than that applied for.
SECTION 23. NON -ASSIGNABILITY: Contractor's rights
and duties under this contract cannot be assigned, in whole
or in part, without the consent of the City Council first ob-
tained in the form of a Resolution duly passed and adopted.
Dated this A day of September, 1977.
ATTEST:
City Clerk
8
CITY OF NATIONAL CITY
BY:
KILE MORGAN, Mayor
EDCO CORPORATION
BY: CLCia.Ct1' ��2�CCZ�
EDWARD BURR, President