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HomeMy WebLinkAboutItem 6.1 GarbageAssess&Recylng . . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 27, 1994 PUBLIC HEARING: Establish 1994/95 single Family Garbage Assessment and Adjustment To Multi- Family Recycling Rate ~ (prepared by: Paul s. Rankin, Assistant city Manager) EXHIBITS ATTACHED: 1. / Methodology For C~lculating 1994/95 single Family Basic Garbage Fee 2.~'Resolution Adopting 1994/95 single Family Garbage Rate Assessment SUBJECT: / 3./ Resolution Amending The Rate . Charged For Multi Family Recycling services 4. Resolution Adopting the First Amendment to Agreement With Livermore Dublin Disposal For Multi Family Recycling Services RECOMMENDATION: - ~~onduct a Public Hearing, deliberate and adopt the ~ R~solutions. FINANCIAL STATEMENT: The annual sin9le Family Assessment for "Basic Garbage/Recycl~ng Services", is proposed to be $104.30. For single Family property owners this is a 5.4% reduction from the 1993/94 Assessment. The Multi- Family Recycling cost of service is proposed to increase for Fiscal Year 1994/95, based upon a change in the Consumer Price Index. It is proposed that the city subsidize this service including offsetting the increase, with Measure D funds. This will reduce the amount paid by Multi Family customers for Recycling service to $0.74 per month per unit. DESCRIPTION: At the May 9, 1994 city council meeting, the city council directed staff to revise garbage collection and recycling fees based upon a plan to utilize Measure D monies to offset a portion of eligible reCYCling services. As required under state Law a public hearing must be conducted prior to the city Council taking action on any proposed fee adjustment. Single Family Basic Garbage / Recycling services The City is concluding the first year of a mandatory garbage and recycling program. This program was implemented to address the fact that the entire community benefits from having available basic garbage and recycling collections on a weekly basis. The "Basic Service" includes weekly collection of one 32 gallon garbage container: weekly curbside collection of newspapers, glass, tin aluminum, and PET plastic recyclables: and quarterly special collection of yard debris and other accumulations. The annual cost for these services is collected on the property Tax Bill and the city pays the Garbage company. customers requesting additional services are billed directly by the Company. I ---------------------------------------------------------------------- ITEM NO. -".1 COPIES TO: Dan Borges, LDD Gen Mgr. x REf. (000 -.30 CITY CLERK FILE ~ . . In Fiscal Year 1993/94 the city levied an annual assessment of $110.22 per single family household. The amount of the assessment must include the following factors: (1) Estimated garbage and recycling costs for the entire year. since the Garbage Rate and the Recycling rate are adJusted on a calendar year, staff must include estimates of the adjustment expected in the middle of the Fiscal Year. costs associated with a third party computer service to produce the computer listing of all parcels and the appropriate assessment. (2) Alameda County collection costs. The County Tax collector charges 1.7% of all fees levied on the tax bill. ( 4 ) Estimated delinquencies in property tax payments. The County Tax Collector does not accept partial property tax payments. Therefore, the property owner must subJli. t payments including all fees and assessments. Staff applies an estimated factor for those owners whose taxes will remain unpaid. (3) (5) Projections of any surplus or deficit from the prior year assessments. staff anticipates that the total fees collected in 1993/94 will exceed costs by approximately $17,000. Due to the fact that some of these factors are estimates, the final financial statements may differ. Proposed Measure D Subsidy To Offset A Portion of Recvcling service Costs As previously presented to the City council, the City has an opportunity to reduce the amount paid by consumers for Recycling Services. The current rate paid for single Family RecyCling Services is $1.37 per month, or $16.44 per year.. As discussed above this is included. in the "Basic Service", which is paid for from fees collected on the Property Tax Bill. Based upon previous City Council direction, it is proposed that the city subsidize the Single Family Recyclin~ Program by $6.24 per unit per year, from Measure D Recycling Funds. Th~s will reduce the aJaOunt which will need to be collected as part of the Property Tax Bill. In effect the subsidized rate paid directly by the resident is approximately $.85 per month. In addition, the 1994/95 Fiscal Year Budget provides for 50% of the computer service costs to be paid for with Measure D funds. The total annual cost of the Measure D Subsidy to the Single Family Program is $34,908. This is comprised of $1,100 for the Computer Services and $33,808 in program costs. Prooosed 1994/1995 Basic Garbage / Recvcling Collection Fee For the upcoming Fiscal Year staff is proposing a reduction in the Annual Assessment. The rate calculations include a provision for rate adjustments in January 1995. These have been estimated at a 5% increase for garbage collection / disposal and a 3% increase in Recycling collection costs. Both of these increases would typically be effective for only half of the Fiscal Year (January 1 - June 30). Bas~ upon limited data from the December 1993 property tax collection, staff has asSlDled a 5.5% delinquency factor. The calculations are shown in Exhibit 1. The proposed 1994/95 annual assessment is $104.30 per household. This represents a 5.4% decrease from the 1993/94 annual assessment of $110.22 ~r household. The Resolution establiShing the assessment (Exhibit 2) also ~ncludes rates for duplex units, which are factored based upon a single family residence. In addi1:don to the Measure D subsidy the 1994/95 . . assessments assume that approximately $17,000 will be remaining from the fees collected for 1993/94. Companv Request For Rate Adjustment To Multi-Family Recycling Proaram The current agreement with Livermore Dublin Disposal provides for an annual rate adjustment based upon the change in the ConSUlDer Price Index. The company began collections in May of 1993 and they were eligible for a rate adjustment in May of 1994. Based upon the approved indexes the ComPanY is allowed a 1.3% increase. This would raise the monthly cost from $1.26 per unit per month to $1.28 per unit per month. Exhibit 3 contains a proposed revision to the current rate schedule. The only change to this document is highlighted in Section V (C) I which identifies the MUlti-Family Recycling monthly rate. Proposed Measure D Subsidy For MUlti-Family Recycling Proaram Staff is proposing a modification of the manner in which this program is funded. Currently the Company is responsible for the collection of the entire monthly Recycling charges from the mUlti-family units. This is typically billed as part of their central bin service and is paid on a monthly basis. Consistent with the Single family recycling subsidy, staff is also proposing an equivalent adjustment for the MUlti-Family Recycling program. staff has prepared the necessary amendments to allow for the City to pay a ~rtion of the Recycling service up to $6.24 per year. This would result 1n the mUlti-family property owners paying a Recycling Charge of $.76 per uni t per month. This represents a decrease of more than 40% in the monthly recycling surcharge paid by MUlti-family projects. The total cost to the city in Measure D funds would be approximately $15,001 per year. The company delayed their request for increasing the MUlti-Family Recycling rate. Pursuant to their agreement the adjustBlent from $1.26 per month to $1.28 per month could have been effective May 1, 1994. If the Company had adjusted rates on May 1, 1994, the total revenue from the adjustment attributable to the months of May and June of 1994 would be $96.16 ($.02 per month x 2404 units x 2 months = $96.16). By delaying this request the city was able to consolidate the item with the rate setting for the annual Single-Family assessment. The proposed. maendment provides that the City would pay the company $96.16, representing the increased costs for May and June from Measure D funds. This eliminates the need for the rate payers to pay a retroactive adjustment. The amended agreement will allow the Company to bill the City in semiannual billings on July 1st and January 1st. The city will be obligated to forward the monies wi thin 45 days of the receipt of an invoice from the company. Exhibit 4 is a Resolution, which will adopt an amendment to the current agreement with Livermore Dublin Disposal. The amendment will also make a technical change to refer to the Oakland Scavenger Com.pany under their new name, "waste Management of Alameda County." Staff recommends that the City Council conduct a public hearing, deliberate, and adopt the recommended resolutions. . . EXHIBIT 1 METHODOLOGY FOR CALCULATING 1994/95 SINGLE FAMILY BASIC GARBAGE FEE Assumption: 5,418 Households Current Authorized Livermore Dublin Disposal Rates as of 1/1/94: Garbage $7. 26/month Recycling $1.37/month Total Applicable to Period July-Dee 1994: $8. 63/month/household Estimated Cost Allowing for Inflation for the Period Jan-June 1995 (Adjusts Recycling by 3% and Garbage Collection/Disposal by 5%) Garbage $7. 62/month Recycling $1.41/month Total Estimated Cost Jan-June 1995: $9.03/month/household 1994-95 ESTIMATED ANNUAL PROGRAM COST 5,418 households x $8.63 x 6 months = $ 280,544 5,418 households x $9.03 x 6 months = 293,547 Computer Service Fees = 2,200 Estimated Total Direct Cost $ 576,291 Less: Estimated Prior Year Fund Balance (17,000) Less: Measure 0 Recycling subsidy @ $6.24/unit (33,808) Less: Measure 0 contribution Towards Computer Fee (1.100) Total Est. Revenue Required from Fees on Property Tax Bill $ 524,383 In order to generate the revenue required, the County Collection Cost (1.7%) plus an estimated Delinquency Factor (5.5%) must be applied. The following calculation shows the proposed assessment: *Total Proposed Assessment Less: Delinquencies Less: County Collection Fees Net Anticipated Revenue $ 565,100.00 (31,080.50) (9,606.70) $ 524,412.80 *Proposed Assessment of $565,100 divided by a total of 5,418 households equals an annual assessment of $104.30 per household. PSR/lss a:627Garb.doc.agenda#14 EXHIBI11. . . RESOLUTION NO. - 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *************************** APPROVING AND ESTABLISHING THE COLLECTION OF MINIMUM RESIDENTIAL GARBAGE AND RECYCLING SERVICE FEES FOR FISCAL YEAR 1994-95 WHEREAS, the City of Dublin is mandated by the State of California, under AB 939, to reduce the amount of solid waste going into the landfill; and WHEREAS, through the Mandatory Garbage Ordinance and other means, the City of Dublin is taking a proactive stance to meet the State Mandated Goals; and WHEREAS, the goal of the Mandatory Garbage Ordinance is to protect the health and welfare of the community, to provide recycling services to all single family residences and to equally share the costs of these programs by mandating that every residence contributes toward the cost of the service; and WHEREAS, it is the intent of the City Council to provide solid waste management services as effectively and inexpensively as possible; and WHEREAS, the collection of the charges for these services is best completed by charging every resident for the minimum service on the property tax bill; and WHEREAS, minimum service includes the weekly backyard collection and disposal of one 32 gallon container, a curbside recycling program, and four special cleanup days; and WHEREAS, the City Council has considered this action as part of a noticed public hearing on June 27, 1994; and WHEREAS, the proposed 1994/95 annual fee will decrease from the amount collected for Fiscal Year 1993/94. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve and establish the collection of minimum residential service fees by the City on the property tax bill as shown in the attached Exhibit A, attached hereto and by reference made a part thereof. BE IT FURTHER RESOLVED, that the City Staff are hereby authorized to undertake all administrative tasks to implement the assessments, including but not limited to an agreement with Alameda County for collection which may provide payment to Alameda County of its reasonable costs of collection not to exceed 1.7% of the total amount levied. PASSED, APPROVED AND ADOPTED this 27th day of June, 1994. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a:ResoFees.ag#14 EXHIBIT ~ . . EXHIBIT A CITY OF DUBLIN CALCULATION OF ASSESSMENT FOR MINIMUM RESIDENTIAL GARBAGE SERVICE Allocation: The purpose of this fee is to provide for minimum garbage and recycling services to all residences which receive individual garbage service. This includes certain programs and services necessary to comply wi th the California Integrated Waste Management Act of 1989 (AB939). provision of the basic service level on a citywide basis, protects the health, safety and welfare of the community. The cost of the program and method of allocating the cost among all residential properties offered such services shall be as is set forth herein. purpose of Fee: Use of Fees: The use of fees collected pursuant to this program shall be used to pay for minimum residential garbage collection and recycling services, and administrative costs associated with the program. Limitations: The amount to be raised through the collection of the Minimum Garbage Service Fee for Fiscal Year 1994-95 does not exceed the estimated total cost of the Services and related expenses as described in the Staff Report presented at the June 27, 1994 Public Hearing before the Dublin city council. In addition to fees collected in this manner, the city will be paying a portion of the Program costs with Measure 0 Recycling Funds. Method To Be Used To Calculate Minimum Garbaae service Fees For Different Land Uses General: The fee shall only apply to residential properties which receive individual garbage collection and disposal; and are not serviced by centralized commercial dumpsters. The fees assessed for Fiscal Year 1994-95 (July 1, 1994 - June 30, 1995) shall be as follows: Land Use Fee Assessed Each Single Family Residence Each Duplex (2 units) Each Duplex (5 or More Units) Each Condominium/Townhouse Unit (Excludes units serviced by centralized dumpsters.) $ 104.30 $ 208.60 $1,251. 60 $ 104.30 a:627exhta.agenda#14 . . RESOLUTION NO. - 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF "DUBLIN *************************** AMENDING THE SCHEDULE OF SERVICE RATES FOR SOLID WASTE COLLECTION ESTABLISHING AN ADJUSTMENT TO THE PER UNIT PER MONTH RATE FOR RECYCLING SERVICE FOR MULTI-FAMILY PROJECTS WHEREAS, the city of Dublin adopted Resolution 9-94 on January 10, 1994 establishing garbage service rates; and WHEREAS, a notice announcing a public hearing on the proposed adjustment to the per unit cost for MUlti-Family Recycling was published on June 8, 1994 and June 23, 1994 as required by the Government Code; and WHEREAS, the current agreement allows for a rate adjustment following one year of operation; and WHEREAS, MUlti-Family Recycling Services have been provided since May of 1993; and WHEREAS, the rate is adjusted by the percentage change in the selected Consumer Price Index; and WHEREAS, the city has proposed to offset the cost of this service with Measure D Funds; NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Dublin after consideration at a public hearing does hereby approve the Amendment to the Garbage Collection Rate Schedule to raise the per unit monthly charge for a MUlti-Family Recycling Program, shown in Section V-C, attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 27th day of June, 1994. AYES: NOES: ABSENT: Mayor ATTEST: city Clerk PSR/lss a:ResoMF$.agenda#14 EXHIBIT 3 . EXHIBIT A . CITY OF DUBLI GARBAGE COLLECTION & DISPOSAL SERVICES CONDUCTED PURSUANT FRANCHISE AGREEMENT BETWEEN THE CITY OF DUBLIN AND OAKLAND SCAVENGER COMPANY [Now Called Waste Management of Alameda County] TO A RATES FOR I. EFFECTIVE DATE The rates shown for the collection of refuse within the City of Dublin are effective as of January 1, 1994. II. RESIDENTIAL SERVICE A. Minimum Residential Collection Cost Minimum residential service shall apply separately to each unit within a duplex or other attached housing, which receives individual garbage collection services. The rates shown below shall apply to the initial can of. service and include once per week collection and disposal of the standard sized container. Addi tional services described in Section IV are also provided as part of the minimum service. The rate shown includes $1.37 (one dollar and thirty-seven cents) charge for weekly Curbside Recycling. 32 gallon container (Standard Container) Monthlv Cost $ 8.63 B. Payment and Billinq for Minimum Residential Service City shall make arrangements to collect assessments on the property tax bill for all services identified in Section A above. Further, payment for said services shall be made to Company by City pursuant to agreements and ordinances regulating solid waste collection. C. Additional Container Collection Costs Once per week collection of each additional container beyond service provided under "(A)" above: 32 gallon container (Standard Container) $ 5.95 D. Special Services Large accumulations: Special pick-ups: $8.05 per cubic yard $12.00 minimum per pick-up -':' III. DESIGNATION OF POINT OF COLLECTION For Single Family Residential Service, the above rates shall be for "back yard service" for regular garbage service. The term "back yard service" shall mean the container(s) shall be on the outside of and in close proximity to the structure being served, and at a location which is the customer's option. Padlocks or other devices which deny the Collector reasonable access will relieve said collector from responsibility of such collection. The Curbside Residential Recycling Program requires that containers be placed in location which can be easily seen and readily accessible, within five feet from the curb. IV. ADDITIONAL SERVICES PROVIDED IN RATES The above rates shall include four (4) annual residential cleanups. Dates of said cleanups shall be at the discretion of the City upon reasonable notice to the Company. The rules regulating the special cleanup shall be approved by the Contractor and the Director. The Contractor shall separately account for costs associated with this service and report information as requested by the City. V. COMMERCIAL AND MULTIFAMILY BIN SERVICE , A. The following rates include collection, disposal, and bin rental at commercial establishments and multifamily projects serviced by centralized bins. The rates shown are for a monthly period. All charges are based upon bins being filled no higher than water level. Excess rate for waste which exceeds water level: $8.05 per yard. -1- .' ~ Freauency . Monthly Rate Yard 1/week $ 25.40 1 Yard 2/week $ 57.15 1 Yard 3/week $ 88.90 1 Yard 4/week $120.65 1 Yard 5/week $152.40 2 Yard 1/week $ 50.80 2 Yard 2/week $107.95 2 Yard 3/week $165.10 2 Yard 4/week $222.25 2 Yard 5/week $279.40 3 Yard 1/week $ 76.20 3 Yard 2/week $158.75 3 Yard 3/week $241.30 3 Yard 4/week $323.85 3 Yard 5/week $406.40 4 Yard 1/week $101.60 4 Yard 2/week $209.55 , " 4 Yard 3/week $317.50 4 Yard 4/week $425.45 4 Yard 5/week $533.40 6 Yard 1/week $152.40 6 Yard 2/week $311.15 6 Yard 3/week $469.90 6 Yard 4/week $628.65 6 Yard 5/week $787.40 7 Yard 1/week $177 .80 7 Yard 2/week $361.95 7 Yard 3/week $546.10 7 Yard 4/week $730.25 7 Yard 5/week $914.40 B. Commercial Can Seryice Commercial locations subscribing to service on a per container basis shall be charged the following monthly rates according to the size of the container serviced: 32 Gallon container (Standard Container) 40 Gallon container (Oversized Container) 45 Gallon container (Oversized container) 48 Gallon container (Oversized Container) MonthlY Cost $ 7.45 $ 9.35 $10.50 $10.70 '.. .'.""\\\C;;M,t1:t~*t~~fuf~Y\R~qy~~riig\iSE'lEyXde; :::. ".:....: :::':. .:::".( :: :..;': :.:.:. :':'." .:.:.::':.: :.:.:::"'.':.:':,.,: :;:;~. ::::".:.:. :.: :.:.:.:.: :~':. ... - .. :;':~::.:.:.: ::~.::::;:: .. . :"::: :,':: :.:.:.: :.~.. ,.:::.:::.' 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Total Cost for Placement, One Week Bin Rental & Disposal of Container filled no higher than water level $45.00 Rental Cost beyond first week $10.00 per week Cost for Additional Dump $32.20 Excess Charge for Bin Filled higher than water level $8.05 per yard -2- . . VII. DROP BOX "." .~ .... . .' a:E,,-aGar.agenda'15 The following rates shall be charged for drop box services rendered. The cost shall be on a per pick-up basis and costs are based upon the load not exceeding the water level. Certain miscellaneous charges as noted in subsection (H) may also apply. A. 6 Cubic Yard Container (Dirt/Rock/Debris) The pick-up cost of this container shall be the same as the 14 yard container due to the weight accommodated. Rate oer Base Pick-uo $112.70 B. 14 Cubic Yard Container $8.0S/cubic yard $112.70 C. 20 Cubic Yard Container $8.0S/cubic yard $161.00 D. 30 Cubic Yard Container $8.0S/cubic yard $241.50 E. 40 Cubic Yard Container $8.0S/cubic yard $322.00 F. Excess Rate Per Yard If container loaded above water level $8.0S per cubic yard G. Compacted Rate Per Yard For service and collection of compacted materials, the total rate shall include cubic yard rate. $16.10 per cubic yard H. Miscellaneous Charaes The following charges are in addition to the container charges described above. 1. Flasher Charge $1 0 . S S PER PLACEMENT 2. Initial Placement Charge $23.00 3. Weekly Container Rental Fee Beyond 1st Week $11 .90* 4. Daily Container Rental Fee After First Week $1.70/day* 5. Stand-by Time $77 . 00 per hour 6. Relocation Fee $31.S0 per request 7. Cancellation of Automatic Collection at End of Rental Period $41.90 *Note: This charge is waived if the following service frequency is maintained: Service Level 6 yard/14 yard/20 yard 30 yard 40 yard Freauency 4 pulls/month 3 pulls/month 2 pulls/month -3- . . RESOLUTION NO. - 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *************************** ADOPTING AMENDMENT NO. 1 TO MULTI-FAMILY RECYCLING PROGRAM AGREEMENT WHEREAS, through Resolution No. 25-93 adopted February 22, 1993, the City of Dublin approved a comprehensive multi-family residential recycling program with Livermore Dublin Disposal, a division of Oakland Scavenger Company; and WHEREAS, Oakland Scavenger Company has changed its corporate name to Waste Management of Alameda County; and WHEREAS, following the first year of operation the Company is authorized to collect an increased rate based upon changes in the Consumer Price Index; and WHEREAS, the City receives Measure D funds which must be used for Recycling and Source Reduction activities and programs; and WHEREAS, the City desires to subsidize a portion of the Recycling charges with Measure D funds, which will reduce the monthly rate collected by the Company; and WHEREAS, in order to accommodate these changes an amendment to the current agreement is required; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amendment to the Recycling Agreement attached hereto as Exhibit A. BE IT FURTHER RESOLVED, the Mayor of the City of Dublin is authorized to execute the amendment to the agreement. PASSED, APPROVED AND ADOPTED this 27th day of June, 1994. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk PSR/lss a:ResoRecy.agenda#1S EXHIBIT 'I ." . . FIRST AMENDMENT TO AGREEMENT DATED 22 FEBRUARY 1993 BETWEEN OAKLAND SCAVENGER COMPANY (OSC) [Now Called Waste Management of Alameda County], LIVERMORE DUBLIN DISPOSAL (LDD), AND THE CITY OF DUBLIN (CITY) FOR MULTI-FAMILY RECYCLING SERVICES This amendment dated for convenience as 27 June 1994, is hereby adopted by the parties in accordance with section VII -(J) of the original agreement dated 22 February 1993. The parties hereby agree to the following: I . CHANGE IN CORPORATE NAME Subsequent to the adoption of the original agreement Oakland Scavenger Company (OSC) changed its corporate name to Waste Management of Alameda County (WMAC). Livermore Dublin Disposal remains as an operating division of WMAC. The agreement is hereby amended to change delete all references to Oakland Scavenger Company and/or OSC and replace them with Waste Management Alameda County and/or (WMAC). II. "section VI. Compensation For Services" shall be deleted in its entirety and replaced with the following: Section VI Compensation For Services And Process For Adjustments A. Authorized Monthlr Rate For Recycling Services Effective with thlS amendment the cost of the service shall be shared between the city and the rate payer. The Authorized Monthly Rate for the Multi-family recycling program effective May 1, 1994 shall be $1.28 per residential unit. This fee shall be charged in the manner described below, for all mUlti-family resident units regardless of the level of their participation in the program. B. city Responsibilities city shall be responsible for sUbsidizing the total monthly rate owed for these services. For the period of May 1, 1994 through June 30, 1994 the City subsidy shall be $.02 (two cents) per month per multi family unit. Effective July 1, 1994, the amount of the subsidy is established at $.52 (fifty-two cents) per month per mUlti-family unit. Company shall bill City in advance for six months of service. Company shall submit billings on or about July 1st and January 1st. city shall make every effort to process payments owed within 45 days. For the period of May-June 1994 Company shall bill CITY upon execution of this amendment. The following is provided as an example of the typical semi- annual billing information to be provided by Company: Period Covered: July 199X - December 199X # MUlti-family units: 2400 Per unit Monthly SUbsidy:$O.52 Total This Billing: 6 months * 2400 units * $.52 = $7,488 The amount of the city Subsidy can only change upon adoption by the city Council of an appropriate Resolution. It is intended that the funding source of this subsidy shall be the Measure D Recycling Funds. . . C. Company Responsibilities LDD is authorized to collect fees for the multi-family recycling program on the bill issued by OSC for garbage collection and disposal services. LDD shall be solely responsible for the collection of fees, which shall be the Authorized Monthly Rate stated in section A., less any city subsidy as defined in section B. above. C. Annual Adjustments LDD may make annual adjustments to the fees charged for the MUlti-Family Program (section A.), no sooner than one year after LDD begins providing mUlti-family recycling services. The amount of the adjustment shall be equivalent to the full annual percentage difference in the "San Francisco-Oakland-San Jose Consumer Price Index, All Urban Consumer, All Items". The February index will be used for a May 1 adjustment. LDD shall give each subscriber notice of any anticipated ad~ustment not less than thirty (30) days prior to its effective date. Sald notice may be printed on the garbage bill issued prior to the effective date. When considering any mUlti-family recycling rate adjustment in accordance with this section, LDD shall make a reasonable effort to coordinate said adjustment with adjustments considered by the city for garbage service. This may re9uire applying a prorated CPI factor. City shall be provided with a Prellminary notice of adjustment including the calculation used, at least sixty (60) days prior to its effective date. IN WITNESS WHEREOF, This Amendment is executed by the parties to the original agreement. LIVERMORE DUBLIN DISPOSAL a Division of Waste Management Alameda County WASTE MANAGEMENT OF ALAMEDA COUNTY a Waste Management, Inc. Company D. David MacDonald, Executive vice President Dan Borges, General Manager CITY OF DUBLIN, a Municipal Corporation Attest: Kay Keck, city Clerk Approved As To Form: Peter W. Snyder, Mayor city Attorney