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HomeMy WebLinkAboutEDCO Disposal Corporation - Rate Adjustment - Increase - 2015RESOLUTION NO. 2015 — 82 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND EDCO DISPOSAL CORPORATION TO INCREASE THE MONTHLY RATES FOR REFUSE COLLECTION SERVICES WHEREAS, on September 25, 1990, the City of National City and EDCO Disposal Corporation ("EDCO") entered into "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" (the "Agreement") providing for refuse collection services; and WHEREAS, the Agreement was amended on June 22, 1993, pursuant to Resolution No. 93-86; 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; on June 12, 2001, pursuant to Resolution No. 2001-88; on May 20, 2003, pursuant to Resolution No. 2003-64; June 21, 2005, pursuant to Resolution No. 2005-134; on June 5, 2007, pursuant to Resolution No. 2007-116; and on June 4, 2013, pursuant to Resolution No. 2013- 79; and WHEREAS, pursuant to Section 23 of the Agreement, titled "Applications for Rate Change", EDCO may apply annually for changes in the rates charged; and WHEREAS, EDCO has applied for an increase of $0.62 per month to the residential rate, and $3.95 per month to the standard commercial rate; and WHEREAS, the proposed increases are based on an increase in the tipping fees at the landfill, the decrease in revenue from recyclables sold, and the San Diego Consumer Price Index; and WHEREAS, pursuant to Section 4 of the Agreement titled "Rates for Contractor's Services", EDCO shall charge no more than the maximum rate set forth in the Rate Schedule, which is set out in Exhibit "A" to the Agreement, and WHEREAS, the proposed Amendment to the Agreement will replace Exhibit "A" with the Rate Schedule titled "NATIONAL CITY RATE SCHEDULE — July 1, 2015"; and WHEREAS, the proposed increases in rates reflected in the Rate Schedule will be effective July 1, 2015, and WHEREAS, on June 2, 2015, the City Council held a public hearing on the proposed increases in rates; and WHEREAS, during the public hearing, the City Council heard and considered all oral objections and protests against the proposed increases in rates; and WHEREAS, prior to the conclusion of the public hearing, the City Clerk received all written protests to the proposed increases in rates; and WHEREAS, the City Clerk counted the written protests; and WHEREAS, written protests against the proposed increases in rates were not presented by a majority of the owners or the tenants. Resolution No. 2015 — 82 Page Two 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, 2015. PASSED and ADOPTED this 2' day of June, 2015. on Morrison, Mayor ATTEST: Mi Dalla, City Clerk c ael R. PPROVED AS TO FORM: udia acitu.: Silva City Attorney Passed and adopted by the Council of the City of National City, California, on June 2, 2015 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON By: Mayor of the City of National City, California dyl/ City rk of the City of ational City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-82 of the City of National City, California, passed and adopted by the Council of said City on June 2, 2015. By: City Clerk of the City of National City, California Deputy NATIONAL CITY RATE SCHEDULE July 1, 2015 RUBBISH AND GARBAGE 1. RESIDENTIAL Per r for:th residential single family properties For the second and for each additional residential unit in multiple dwellings which do not exceed four units 2. TRAILER PARKS AND MOTELS One time per week, per unit, per month 3. APARTMENT HOUSES One time per week, per unit, per month 4. SENIOR CITIZEN RESIDENTIAL Per month 5. SILVER BAG SERVICE Per month 6. COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS Up to (2) 40 gallon containers Or (1) 90 gallon automated cart One time per week, per month Up to (4) 40 gallon containers Or (2) 90 gallon automated cart One time per week, per month Up to (6) 40 gallon containers Or (3) 90 gallon automated cart One time per week, per month Up to (8) 40 gallon containers Or (4) 90 gallon automated cart One time per week, per month Up to (10) 40 gallon containers Or (5) 90 gallon automated cart One time per week, per month MONTHLY RATE $18.09 $14.26 $12.51 $12.71 $14.49 $2.48 $21.60 $40.19 $51.66 $63.85 $83.40 Additional or unusual accumulation of rubbish (per cubic yard) $21.60 EXHIBIT "A" Page 1 of 2 NATIONAL CITY RATE SCHEDULE July 1, 2015 BOX TYPE REFUSE SERVICE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH MONTHLY RATE 1 1 13 $114.16 2 1 26 $192.73 3 1 39 $271.30 4 1 52 $352.17 5 1 55 $433.04 6 1 78 $513.92 7 1 91 $594.79 1 2 26 $195.05 2 2 52 $349.86 3 2 78 $504.67 4 2 104 $657.16 5 2 130 $809.67 6 2 156 $962.18 7 2 182 $1,114.67 1 3 39 $275.92 2 3 78 $502.36 3 3 117 $728.80 4 3 156 $952.94 5 3 195 $1,177.05 6 3 234 $1,401.19 7 3 273 $1,625.32 1 4 52 $356.78 2 4 104 $654.86 3 4 156 $952.94 4 4 208 $1,248.68 5 4 260 $1,544.45 6 4 312 $1,840.20 7 4 364 $2,135.95 1 5 65 $437.67 2 5 130 $807.36 3 5 195 $1,177.05 4 5 260 $1,535.20 5 5 325 $1,893.34 6 5 390 $2,251.48 7 5 455 $2,609.65 1 6 78 $518.53 2 6 156 $959.87 3 6 234 $1,401.19 4 6 312 $1,828.65 5 6 390 $2,256.12 6 6 468 $2,683.57 7 6 546 $3,111.05 EXHIBIT "A" Page 2 of 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT CRo-QG MEETING DATE: June 2, 2015 AGENDA ITEM NO. 27 .fEM TITLE: A Resolution of the City Council of the City of National City approving an Amendment to the Agreement between the City and EDCO Disposal Corporation to increase the monthly rates for refuse collection services. PREPARED BY: Kuna Muthusamy, Asst. Director PHONE: (619) 336-4383 EXPLANATION: See attached. DEPARTMENT: engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS No financial impact to City of National City; rate increases are borne by residents and businesses that use EDCO Disposal Corporation ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Hold public hearing to consider rate adjustment for refuse services BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Explanation 2. Notice of Public Hearing to Consider Proposed Rate Increases for Refuse Services 3. Residential Rates Adjustment 4. Commercial Rates Adjustment 5. Rate Comparison of Various Cities 6. Exhibit A —National City Rate Schedule sovv row moo. 'a0\, Explanation A Public Hearing to consider a rate adjustment for refuse services including recycling and yard waste disposal provided to National City residences and businesses by EDCO Disposal Corporation A rate adjustment is being proposed due to the increased costs of providing refuse services to residential and commercial users. The rates for trash service are based on various components: landfill and yard waste rates and tonnage, recyclables sold, and the San Diego consumer price index (CPI). For the Rate Review, the actual total cost/price of budget items is determined, and is compared to budgeted amounts. FY 2016 Rate Factors Total proposed adjustment is $0.62 (3.56%) increase per month to the standard residential rate and $3.95 (3.58%) increase per month to the standard commercial rate. There are four main components to the rates. Landfill As the City is a member of the Regional Solid Waste Authority (RSWA), the landfill portion of the rate is based on approved changes in the RSWA rate. The RSWA rate per ton increased from $41.28 to $41.73 on July 1, 2014. The "tipping fee" increase of $0.45 per ton equates to a weighted average adjustment of $0.05 to the standard residential rate and $0.39 to the standard commercial rate. Ratepayers benefitted as a result of EDCO not requesting an increase in FY 2014. Yard Waste The estimated yard waste disposal rate increase is $0.72 per ton (from $26.65 to $27.37) with the tonnage remaining similar to last year. This equates to a weighted average adjustment of $0.03 to the standard commercial rate and no change to the residential rate. Recycling Changes in recycle values are factored into the rate with increases in values causing rates to decrease, and decreases in values causing rates to increase. Recyclable revenue decreased by $73,870 since the last review period due to a reduced revenue on collected recycling and the impacts of scavenging. This equates to an increase adjustment of $0.14 to the standard residential rate and $0.98 to the standard commercial rate. Consumer Price Index (CPI) The 2012 and 2013 published one-year San Diego Consumer Price Index (PCI) is 1.5% and 1.7%, respectively. This equates to a weighted average adjustment of $0.35 to the standard residential rate and $2.08 to the standard commercial rate. -1- EDCO will continue to contribute approximately $150,000 annually to the City's Enterprise Fund through collections from rate payers. The fund is used to pay for AB-939 programs such as Household Hazardous Waste collection and preparation of the City's Annual Report required by CalRecycle. The fund also pays for disposal services for hazardous wastes collected from the public right-of-way, as well as a portion of the City's street sweeping services. Summary of Rate Adjustments The total proposed increase of $0.62 (3.56%) per month to the standard residential rate was calculated by adding $0.05 to the rate for refuse, based on a July 1, 2014 increase in the tipping fee of $0.45 per ton; $0.14 to the recycling rate, based on the reduced revenue on collected recycling and the impacts of scavenging; $0.35 based on the San Diego Consumer Price Index (CPI) for years 2012 and 2013 of 3.28%; and $0.08 due to an increase to the City Franchise Fee and Enterprise Fund. The total proposed increase of $3.95 (3.58%) per month to the standard commercial rate was calculated by adding $0.39 to the rate for refuse, $0.03 to the rate for yard waste, $0.98 to the rate for recycling; $2.08 based on the CPI; and $0.47 due to an increase to the City Franchise Fee and Enterprise Fund. The total proposed rate increases summarized above are for basic service subscribers, and would take effect on July 1, 2015, the beginning of FY 2016. Residential Service Rates Current Monthly Rate Proposed Monthly Rate Base Rate $17.47 $18.09 Senior Discount Rate $13.99 $14.49 Silver Bag Rate $2.39 per bag $2.48 per bag National City currently pays the lowest residential service base rate in the County. If the total proposed base rate increase is approved, National City would still have the lowest residential service base rate in the County. EDCO Disposal Corporation has agreed to initiate a pilot program for up to 75 lockable carts in National City. In addition, EDCO Disposal Corporation has agreed to service all trash cans at all Bus Stops in National City which is accessible to an automated trash collection vehicle. Staff will bring forward an amendment to the Agreement if necessary for both these items. -2- Attachment 2 City of National City Notice of Public Hearing to Consider Proposed Rate Increase for Refuse Services Notice is hereby given that the City Council of the City of National City will hold a Public Hearing at a regular meeting of the City Council of the City of National City on June 2, 2015, at 6:00 PM, in the Council Chamber of the Civic Center, 1243 National City Blvd., National City, CA 91950 for the purpose of considering an increase in rates for refuse services, including recycling and yard waste disposal. At the public hearing, the City Council will consider written protests to the proposed increase in rates received by the City Clerk, City of National City, at 1243 National City Blvd. prior to the conclusion of the public hearing. Only one protest per parcel will be counted. The written protest must include (1) an original signature; (2) identification of the parcel by parcel number or address; and (3) a statement of protest against the increase in the rate. Written protest by e-mail or fax will not be accepted. All members of the public are entitled to make comments and objections at the public hearing whether or not they choose to submit a written protest. However, verbal protests will not be accepted. A rate adjustment is being proposed due to the increased costs of providing refuse services to residential and commercial users. The amount of the increase to the residential rate was calculated by adding $0.05 to the rate for refuse, based on a July 1, 2014 increase in the tipping fee of $.45 per ton; adding $0.14 to the recycling rate, based on the reduced revenue on collected recycling and the impacts of scavenging; and adding $0.35 based on the San Diego Consumer Price Index (CPI) for years 2012 and 2013 of 3.28%. The amount of the increase to the commercial rates was calculated by adding $.39 to the rate for refuse, $.03 to the rate for yard waste, $.98 to the rate for recycling, and $2.08 based on the CPI. The amounts of the increases to the commercial rates were calculated based on the same increases to the tipping fees, impacts on recycling, and CPI index. An increase to the City Franchise Fee and Enterprise Fund of $.08 for residential and $.47 for commercial rates is also included in the overall adjustment. The total increase of $0.62 cents per month for residential users and $3.95 per month for commercial users would be effective for basic service subscribers. The proposed increase in rates for refuse services would take effect on July 1, 2015. Additional information pertaining to this matter may be obtained from the Engineering Department at 1243 National City Blvd., National City, CA 91950 Current Monthly Rate Proposed Monthly Rate Residential Service Rates Base Rate Senior Discount Rate Silver Bag Rate $17.47 $13.99 $2.39 per bag $18.09 $14.49 $2.48 per bag -3- Attachment 3 Residential Rates Adjustment National City Rate Adjustment - July 1, 2015 Gross Rate Revenue & Franchise Fees Annual Amount Gross Residential Rate Revenue - 2014 $ 1,635,587 Less Residential Franchise Fees @ 9 % ($147,203) Less Enterprise Fund (res portion) ($49,620) 1,438,764 Residential Rate Revenue Net of Franchise and Enterprise Fund $ Revenue Components (net of Franchise Fees) Annual Amount Percentage of Rate Revenue Net of Franchise Fees Residential Rate Revenue Net of Franchise Fees $1,438,764 100.00% Less: Actual Residential refuse Disposal Expense -$458,479 -31.87% Less: Actual Yard Waste Disposal (res portion) -$14,050 -0.98% Add: Recycling Revenue (residential portion) $41,926 2.56% Residential Service Revenue $1,008,162 69.72% Adjustment Factor Old New Index Change Rate Component Percent Change RSWA Disposal Tipping Fee per Ton $ 41.28 $ 41.73 $ 0.45 1.09% YW Tipping Fee per Ton $ 26.65 $ 27.37 $ 0.72 2.70% Recycling Revenue Increase / (Decrease) $70,050 $45,673 $ (24,377) -34.80% CPI- San Diego Index CUUSA424SA0 253.4 261.7_ 8.31 3.28% rs Revenue Components Component Weight Rate Component Percent Change Weighted Rate Adjustment Refuse Disposal 31.87% 1.09% 0.35% Yard Waste Disposal 0.98% 2.70% 0.03% Recycling Revenue (Increase)/Decrease -2.56% -34.80% 0.89% Service 69.72% 3.28% 2.29% 100.00% 3.56% Totals ntial Rates Service Current Monthly Rate Weighted Rate Adjustment Rate Change Adjusted Monthly Rate Residential Single Family Rate $17.47 3.56% 0.62 18.09 Senior Rate $13.99 3.56% 0.50 14.49 Silver Bag $2.39 3.56% 0.09 2.48 Multi family recycling per Unit $0.99 3.56% 0.04 1.03 Updated Allocation of current rate Change Proposed New Rate Allocation Service $10.71 $0.35 $11.06 Landfill $4.90 $0.05 $4.95 Enterprise Fund $0.53 $0.02 $0.55 Curbside Recycling ($0.39) $0.14 ($0.25) Yard Waste collection $0.15 $0.00 $0.15 Franchise Fee (9%) $1.57 $0.06 $1.63 Total Rate $17.47 $0.62 $18.09 -4- Attachment 4 Commercial Rates Adjustment National City Rate Adjustment - July 1, 2015 Gross Rate Revenue & Franchise Fees Gross Commercial Rate Revenue - 2014 Less Gross Franchise Fees @ 9 % Less Enterprise Fund (comm portion) Commercial Rate Revenue Net of Franchise Fee and Enterprise Fund $ Annual Amount 3,315,178 ($298,366) ($95,578) 2,921,233 Revenue Components (net of Franchise Fees) Commercial Rate Revenue Net of Franchise Fees Less: Actual Commercial Refuse Disposal Expense Less: Actual Yard Waste Disposal(comm portion) Add: Recycling Revenue (comm portion) Commercial Service Revenue Annual Amount $2,921,233 -$1,068,031 -$28,525 $85,123 Percentage of Rate Revenue Net of Franchise Fees 100.00% -36.56% -0.98% 2.91% $1,909,800 65.38% . ....c,..ayc ....a._ye ur aujusimem rectors Adjustment Factor Old New Index Change Rate Component Percent Change Disposal RSWA Tipping Fee per Ton YWTi Tipping Fee per Ton Recycling Revenue increase / (Decrease) CPI- San Diego Index CUUSA424SA0 $ 41.28 $ 41.73 $ $ $ 0.451.09% 0.72 (49,493) 3.28% 2.70% -34.80% 3.28% $ $ 26.65 142,223 253.4 $ $ 27.37 92,730 261.7_ .....�....... .... .......a me ....a...jc .r, CJus uueni fa ctors Components of Actual Revenue Component Weight Rate Component Percent Change Weighted Rate Adjustment Refuse Disposal Yard Waste Disposal Recycling Revenue (increase)/Decrease Service Totals ° 36.56 /0 0.98% -2.91% 65,38% ° 1.09 /0 2.70% -34.80% 3.28% 0.40% 0.03% 1.01% 2.14% 100.00%, 3.58% lr,DI •.V.y...c., t.c..,c..w.ue wren_9e iv i.ommerciai mates Service Current Monthly Rate Weighted Rateihted Adjustment Rate Change Adjusted Monthly Rate 3 Cu Yard x 1 week $110.23 3.58% $3.95 $114.18 Updated Allocation Change Proposed New Allocation Service Landfill $63.50 $35.51 $2.08 $0 39 58 Enterprise Fund Curbside Recycling $3.18 $0.11 $35.90$5. $3.29 Yard Waste ($2 95) $0.98 85 ($0.98 collection Franchise Fee $0.95 $0.03 $0.98 (9%) Total Rate $9.92 $0.36 $10.28 $110.23 $3.95 $114.18 -5- Attachment 5 Residential Rates National City - current $17.47 Effective 7/1/13 National City - Proposed $18.09 Proposed 7/1/15 Escondido Coronado - Proposed Del Mar Chula Vista - 64 gal Santee La Mesa - Proposed Encinitas - Proposed Oceanside Carlsbad Vista Lemon Grove - Proposed Poway - Proposed San Marcos - Proposed El Cajon Chula Vista - 96 gal Solana Beach Imperial Beach - Proposed $18.71 $18.98 $19.40 $19.72 $19.74 $19.77 $19.78 $20.13 $20.40 $20.50 $21.10 $21.19 $21.49 $21.89 $23.21 $23.96 $28.62 Effective 3/1/15 Proposed 7/1/15 Effective 7/1/14 Effective 11/1/14 Effective 7/1/14 Proposed 7/1/15 Proposed 7/1/15 Effective 7/1/14 Effective 7/1/14 Effective 7/1/14 Proposed 7/1/15 Proposed 7/1/15 Proposed 7/1/15 Effective 7/1/14 Effective 11/1/14 Effective 7/1/14 Proposed 7/1/15 NATIONAL CITY RATE SCHEDULE July 1, 2015 CURRENT PROPOSED PROPOSED MONTHLY MONTHLY CHANGE RUBBISH AND GARBAGE RATE RATE 1. RESIDENTIAL Per month residential single family properties $17.47 $18.09 $0.62 For the second and for each additional residential unit in multiple dwellings which do not exceed four units $13.77 $14.26 $0.49 2. TRAILER PARKS AND MOTELS One time per week, per unit, per month $12.08 $12.51 $0.43 3. APARTMENT HOUSES One time per week, per unit, per month $12.27 $12.71 $0.44 4. SENIOR CITIZEN RESIDENTIAL Per month $13.99 $14.49 $0.50 5. SILVER BAG SERVICE Per month $2.39 $2.48 $0.09 6. COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS Up to (2) 40 gallon containers Or (1) 90 gallon automated cart One time per week, per month Up to (4) 40 gallon containers Or (2) 90 gallon automated cart One time per week, per month Up to (6) 40 gallon containers Or (3) 90 gallon automated cart One time per week, per month Up to (8) 40 gallon containers Or (4) 90 gallon automated cart One time per week, per month Up to (10) 40 gallon containers Or (5) 90 gallon automated cart One time per week, per month $20.85 $38.80 $49.87 $61.64 $80.52 Additional or unusual accumulation of rubbish (per cubic yard) $20.85 $21.60 $0.75 $40.19 $1.39 $51.66 $1.79 $63.85 $2.21 $83.40 $2.88 $21.60 $0.75 -7- EXHIBIT "A" Page 1 of 2 NATIONAL CITY RATE SCHEDULE July 1, 2015 BOX TYPE REFUSE SERVICE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH CURRENT PROPOSED PROPOSED MONTHLY MONTHLY CHANGE RATE RATE 1 1 13 $110.23 $114.18 $3.95 2 1 26 $186.07 $192.73 $6.66 3 1 39 $261.92 $271.30 $9.38 4 1 52 $340.00 $352.17 $12.17 5 1 65 $418.07 $433.04 $14.97 6 1 78 $496.16 $513.92 $17.76 7 1 91 $574.23 $594.79 $20.56 1 2 26 $188.31 $195.05 $6.74 2 2 52 $337.77 $349.86 $12.09 3 2 78 $487.23 $504.67 $17.44 4 2 104 $634.45 $657.16 $22.71 5 2 130 $781.69 $809.67 $27.98 6 2 156 $928.92 $962.18 $33.26 7 2 182 $1,076.14 $1,114.67 $38.53 1 3 39 $266.38 $275.92 $9.54 2 3 78 $485.00 $502.36 $17.36 3 3 117 $703.61 $728.80 $25.19 4 3 156 $920.00 $952.94 $32.94 5 3 195 $1,136.37 $1,177.05 $40.68 6 3 234 $1,352.76 $1,401.19 $48.43 7 3 273 $1,569.14 $1,625.32 $56.18 1 4 52 $344.45 $356.78 $12.33 2 4 104 $632.23 $654.86 $22.63 3 4 156 $920.00 $952.94 $32.94 4 4 208 $1,205.52 $1,248.68 $43.16 5 4 260 $1,491.07 $1,544.45 $53.38 6 4 312 $1,776.60 $1,840.20 $63.60 7 4 364 $2,062.13 $2,135.95 $73.82 1 5 65 $422.54 $437.67 $15.13 2 5 130 $779.46 $807.36 $27.90 3 5 195 $1,136.37 $1,177.05 $40.68 4 5 260 $1,482.14 $1,535.20 $53.06 5 5 325 $1,827.90 $1,893.34 $65.44 6 5 390 $2,173.66 $2,251.48 $77.82 7 5 455 $2,519.45 $2,609.65 $90.20 1 6 78 $500.61 $518.53 $17.92 2 6 156 $926.69 $959.87 $33.18 3 6 234 $1,352.76 $1,401.19 $48.43 4 6 312 $1,765.45 $1,828.65 $63.20 5 6 390 $2,178.14 $2,256.12 $77.98 6 6 468 $2,590.82 $2,683.57 $92.75 7 6 546 $3,003.52 $3,111.05 $107.53 EXHIBIT "A" Page 2 of 2 -8- RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND EDCO DISPOSAL CORPORATION TO INCREASE THE MONTHLY RATES FOR REFUSE COLLECTION SERVICES WHEREAS, on September 25, 1990, the City of National City and EDCO Disposal Corporation ("EDCO") entered into "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" (the "Agreement") providing for refuse collection services; and WHEREAS, the Agreement was amended on June 22, 1993, pursuant to Resolution No. 93-86; 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; on June 12, 2001, pursuant to Resolution No. 2001-88; on May 20, 2003, pursuant to Resolution No. 2003-64; June 21, 2005, pursuant to Resolution No. 2005-134; and on June 5, 2007, pursuant to Resolution No. 2007-116; on June 4, 2013, pursuant to Resolution No. 2013- 79; and WHEREAS, pursuant to Section 23 of the Agreement, titled "Applications for Rate Change", EDCO may apply annually for changes in the rates charged; and WHEREAS, EDCO has applied for an increase of $.62 per month to the residential rate, and $3.95 per month to the standard commercial rate; and WHEREAS, the proposed increases are based on an increase in the tipping fees at the landfill, the decrease in revenue from recyclables sold, and the San Diego Consumer Price Index; and WHEREAS, pursuant to Section 4 of the Agreement titled "Rates for Contractor's Services", EDCO shall charge no more than the maximum rate set forth in the Rate Schedule, which is set out in Exhibit "A" to the Agreement, and WHEREAS, the proposed Amendment to the Agreement will replace Exhibit "A" with the Rate Schedule titled "NATIONAL CITY RATE SCHEDULE — July 1, 2015"; and WHEREAS, the proposed increases in rates reflected in the Rate Schedule will be effective July 1, 2015, and WHEREAS, on June 2, 2015, the City Council held a public hearing on the proposed increases in rates; and WHEREAS, during the public hearing, the City Council heard and considered all oral objections and protests against the proposed increases in rates; and WHEREAS, prior to the conclusion of the public hearing, the City Clerk received all written protests to the proposed increases in rates; and WHEREAS, the City Clerk counted the written protests; and WHEREAS, written protests against the proposed increases in rates were not presented by a majority of the owners or the tenants. Resolution No. 2015 — Page Two 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, 2015. PASSED and ADOPTED this 2nd day of June, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CURRENT MONTHLY RUBBISH AND GARBAGE 1. RESIDENTIAL NATIONAL CITY RATE SCHEDULE July 1,2015 RATE Per month residential single family properties $17.47 For the second and for each additional residential unit in multiple dwellings which do not exceed four units 2. TRAILER PARKS AND MOTELS One time per week, per unit, per month 3. APARTMENT HOUSES One time per week, per unit, per month 4. SENIOR CITIZEN RESIDENTIAL Per month 5. SILVER BAG SERVICE Per month $13.77 $12.08 $12.27 $13.99 $2.39 6. COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS Up to (2) 40 gallon containers Or (1) 90 gallon automated cart One time per week, per month Up to (4) 40 gallon containers Or (2) 90 gallon automated cart One time per week, per month Up to (6) 40 gallon containers Or (3) 90 gallon automated cart One time per week, per month Up to (8) 40 gallon containers Or (4) 90 gallon automated cart One time per week, per month Up to (10) 40 gallon containers Or (5) 90 gallon automated cart One time per week, per month $20.85 $38.80 $49.87 $61.64 $80.52 Additional or unusual accumulation of rubbish (per cubic yard) $20.85 PROPOSED PROPOSED MONTHLY CHANGE RATE $18.09 $0.62 $14.26 $0.49 $12.51 $0.43 $12.71 $0.44 $14.49 $0.50 $2.48 $0.09 $21.60 $0.75 $40.19 $1.39 $51.66 $1.79 $63.85 $2.21 $83.40 $2.88 $21.60 $0.75 EXHIBIT "A" Page 1 of 2 NATIONAL CITY RATE SCHEDULE July 1, 2015 BOX TYPE REFUSE SERVICE COLLECTION YARDS PER CURRENT PROPOSED FREQUENCY MONTH MONTHLY MONTHLY PROPOSED RATE RATE CHANGE 1 1 $110.23 $114.1 $3 2 2 3 $186.07 $192.7 $6 3 $261.92 $271.3 $9 4 5 $340.00 $352.1 $1 5 6 $418.07 $433.0 $1 6 7 $496.16 $513.9 $1 7 9 $574.23 1 $594.7 $2 Q n 1 2 $188.31 $195.0 $6 2 5 $337.77 $349.8 $1 3 7 $487.23 $504.6 $1 4 1 $634.45 $657.1 $2 5 1 $781.69 $809.6 $2 6 1 $928.92 $962.1 $3 7 1 $1,076.1 $1,114 $3 R 4 R7 R 1 3 $266.38 $275.9 $9 2 7 3 $485.00 $502.3 $1 1 $703.61 $728.8 $2 4 1 $920.00 $952.9 $3 5 1 6 $1,136.3 $1,177 $4 2 $1,352.7 $1,401 $4 7 2 $1,569.1 7 $1,625 $5 d 17 R 1 5 $344.45 $356.7 $1 2 1 $632.23 $654.8 $2 3 1 $920.00 $952.9 $3 4 2 $1,205.5 $1,248 $4 5 2 6 $1,491.0 $1,544 $5 3 $1,776.6 $1,840 $6 7 3 $2,062.1 $2,135 $7 aS 1 1 6 $422.54 $437.6 $1 2 1 $779.46 $807.3 $2 3 1 $1,136.3 $1,177 $4 4 2 $1,482.1 $1,535 $5 5 3 $1,827.9 $1,893 $6 6 3 $2,173.6 $2,251 $7 7 4 $2,519.4 � $2,609 $9 Rc, n 1 7 $500.61 $518.5 $1 2 1 $926.69 $959.8 $3 3 2 $1,352.7 $1,401 $4 4 3 $1,765.4 $1,828 $6 5 3 $2,178.1 $2,256 $7 6 4 $2,590.8 $2,683 $9 7 5 $3,003.5 A $3,111 $1 EXHIBIT "A" Page 2 of 2 IF Bond No. 0331116 ALLEGHENY CASUAL f Y COMPANY /NTERNATIONAL FIDELITY INSURANCE COMPANY CONTINUATION CERTIFICATE Bond Amount: $25,000 Bond Description: Collect and Recycle Garbage & Rubbish Term Effective rate: 04/18/15 - 04/18/16 Term Premium: $300.00 Principal/Insured: EDCO DISPOSAL CORPORATION 6670 FEDERAL BOULEVARD LEMON GROVE CA 91945 - 0000 Obliyee: City of National City Office of the City Clerk 1243 National City Blvd. National City CA 91950 - 0000 Agent : Alliant Insurance Services. In It is hereby agreed that the captioned numbered Bond is continued in force in the above amount for the period of the continued term stated above. This continuation shall be deemed a part of the original bond and not a new obligation and'is subject to'all Llie covenants and conditions of said bond. Signed and Sealed this 10th day of March, 2015. ATIONAL Fuwirry INSURANCE COMPANY Attorney -in Fact Lawrence F McMahon One Newark C'enter, 20th Floor o Newark N1 07102 o Phone (800) 333 4167 o www,ific.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA County of San Diego On MAR 1 0 2015 Date } before me, Janice R. Martin personally appeared Lawrence F. McMahon Insert Name of Notary exactly as it appears on the official seal , Notary Public, Name(s) of Signer(s) JANICE R. MARTIN U -zol COMM. #1986564 0 NOTARY SANYDIEGO COUNTY IA My Commission Expires JULY 25 2016 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(/} whose name( is/fl'f# subscribed to the within instrument and acknowledged to me that he/ netki executed the same in hisahlffikeif authorized capacity(, O, and that by his/U0/,t,lj// signature( on the instrument the person(, or the entity upon behalf of which the person(* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my .. d and official seal. Signature( OPTIONAL Sign. ure . Notary Public Janice R. Martin Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint JAMES D. CASTLE, LAWRENCE F. MCMAHON San Diego, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Executive Vice President or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents an this 12th day of March, 2012. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Executive Vice President/Chief Operating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set myhand affixed my Official Seal, . ,004W,,1r;,� at the City of Newark, New Jersey the day and year frst above written. M/ V, 410�'' A NOTARY PUBLIC OF NEW JERSEY F My Commission Expires Mar. 27, 2014 �"""'•°y`�`�5 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attomey, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this day of fv'A R 1 MARIA BRANCO, Assistant Secre