HomeMy WebLinkAboutReso 117-08 AVI Service Agmt
RESOLUTION NO. 117 - 08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING A SECOND AMENDMENT TO THE COLLECTION SERVICE AGREEMENT
BETWEEN THE CITY OF DUBLIN AND AMADOR VALLEY INDUSTRIES, LLC
WHEREAS, the City of Dublin ("City") entered into a Collection Service Agreement
("Agreement") with Amador Valley Industries, LLC ("A VI") dated January 12,2005; and
WHEREAS, the Agreement allows for an annual compensation adjustment in accordance with
specified formulas; and
WHEREAS, on June 20, 2006, the parties executed a First Amendment to the Agreement in order
to modify certain provisions in Exhibit B of the Agreement relating to the Compensation Adjustment
Model; and
WHEREAS, A VI has requested that the City modify the rate adjustment methodology that was
included in the current Agreement to include a separate component for commercial recycling in the annual
compensation process; and
WHEREAS, the City desired to amend certain provisions in the Agreement relating to outreach
and enforcement programs intended to increase waste diversion and recycling efforts in the City; and
WHEREAS, the City further desired to modify provisions in the Agreement relating to certain
services provided to various City sites including, but not limited to City Parks, fire stations and
community centers.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the Second Amendment to the Collection Service Agreement between the City of Dublin and
Amador Valley Industries, LLC (attached hereto as Exhibit A).
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Second
Amendment to Collection Service Agreement between the City of Dublin and Amador Valley Industries,
LLC.
PASSED, APPROVED AND ADOPTED this 17th day of June, 2008, by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Hildenbrand, Oravetz, and Scholz, and Vice Mayor Sbranti
None
Mayor Lockhart
ABSTAIN: None
~~0.
Vice Mayor
AT&~~~ f~
Deputy City Clerk
Reso No. 117-08, Adopted 6/17/08, Item 7.1
Page 1 of 1
SECOND AMENDMENT TO COLLECTION SERVICE AGREEMENT BETWEEN THE CITY
OF DUBLIN AND AMADOR VALLEY INDUSTRIES, LLC
This Second Amendment to Collection Service Agreement, dated as of .Lne, 17 ,
2008 (the "Amendment") modifies and amends that certain "Collection Service Agreement,"
dated January 12, 2005 (the "Agreement") between THE CITY OF DUBLIN ("CITY") and
AMADOR VALLEY INDUSTRIES, LLC ("CONTRACTOR"). Capitalized terms used herein and
not otherwise defined shall have the meanings ascribed to such terms in the Agreement.
Recitals
WHEREAS, The Agreement sets forth the respective rights and obligations of the parties
with respect to the Collection' of Solid Waste and Organic Materials and grants to
CONTRACTOR an exclusive Agreement to provide Collection Services within the Service Area;
and
WHEREAS, on June 20, 2006, the parties executed a First Amendment to the
Agreement in order to modify certain provisions in Exhibit B of the Agreement relating to the
Compensation Adjustment Model; and
WHEREAS, the Parties desire to further amend the Agreement in order to provide for:
compensation to CONTRACTOR for the collection of Recyclable Materials produced by
Commercial Service Units; to modify CONTRACTOR'S obligation to provide Large Item
Collectiotl Service to City Service Units; to require CONTRACTOR to perform a minimum of two
waste audits per day; to require CONTRACTOR to increase its Commercial and MFD outreach
and education programs and to perform at least twelve public presentations each Agreement
Year and to require CONTRACTOR to submit an annual diversion plan for approval by the CITY
each Agreement Year.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is
hereby acknowledged, CITY and CONTRACTOR hereby agree to amend the Agreement as
follows:
Section 1.
Section 5.03 of the Agreement is hereby amended to read as follows:
5.03 Collection Service Comoensation Elements. Collection Service compensation to
the CONTRACTOR shall consist of the following elements; a Collection Compensation
Element, a Disposal Compensation Element, a Container Compensation Element, a Fee
Compensation Element and a Commercial Recycling Element.
Section 2.
A new Section 5.05.7 is hereby added to the Agreement to read as follows:
5.05.7 Adiustments to Commercial Recyclina Compensation Element. The Commercial
Recycling Compensation Element consists of two (2) factors: the Refuse Rate
Adjustment (RR!) factor and the annual tonnage growth (A TG) factor.
5.05.7.1 RRI Factor. The RRI factor shall be determined in the manner
described in Section 5.05.1.1.
5.05.7.2 Annual Tonnaae Growth Factor. The ATG factor for each
compensation adjustment shall be the percentage change in commercial
recycling tonnage between the second (2nd) preceding calendar year and the
preceding calendar year, as determined by adding the collection data for MFD
and Commercial Recycling Service contained in the monthly recycling data
reports described in Section 18.04.2. By way of illustration, the Calendar Year
2007 reported commercial recycling tonnage is 1,831.62, and the Calendar Year
2006 reported commercial recycling tonnage is 1,454.34. Therefore, the ATG
factor used for the Agreement Year 2008-2009 adjustment to the Commercial
Recycling Element is as follows: (1831.62 - 1454.34) /1454.34 = 0.2594.
5.05.7.3 Commercial Recvclina Compensation Element Adiustment. The annual
Commercial Recycling Compensation Element adjustment shall be calculated by
multiplying the Commercial Recycling Compensation Element times (one (1) plus
the sum of the RRI factor and the ATG factor). For example, if the Commercial
Recycling Compensation Element is $100,000, the RRI factor is .045 and the
A TG factor is .12, the Commercial Recycling Compensation Element adjustment
would be calculated using the following formula: 100,000 (1 + .045 + .12) =
$116,500.
5.05.7.4 Commercial Recvclina Comoensation Element. For Agreement Year
2008-2009, the Commercial Recycling Compensation Element shall be
$205,130. The Commercial Recycling Compensation Element adjustment for the
following Agreement Years shall be calculated with reference to this amount.
Section 3.
Section 10.02 of the Agreement is hereby amended to read as follows:
10.02 Commercial Waste Audits. CONTRACTOR'S full-time Recycling Coordinator shall
develop an annual Commercial Waste audit plan and submit the plan to the CITY for
review no later than August 1, 2008. Each year thereafter, the annual Commercial
Waste Audit plan shall be submitted no later than July 1. The plan, as approved by the
CITY, shall include information indicating each Commercial Service Unit's recycling
potential and the savings probable from increasing recycling. Upon approval by the
CITY, the annual plan shall be implemented by the CONTRACTOR. At a minimum the
plan shall include the audit of at least two (2) and as many as five (5) Commercial
Service Units per day depending on the needs of the commercial community. The
audits shall be designed to analyze the amount of Recyclable Materials that is being
deposited in Solid Waste bins and containers in order to develop an effective strategy for
reducing the amount of Recyclable Materials so disposed.
10.02.01 Commercial Waste Audit Form. The CONTRACTOR shall develop a
Commercial Waste Audit form and submit it to the CITY for approval. The form
shall indicate the results of each Commercial Waste Audit performed. The
Commercial Waste Audit form shall include, but not be limited to, the name of the
Service Recipient, date of the Commercial Waste Audit, person conducting the
Commercial Waste Audit, an estimate of the weight of Recyclable Materials and
Commercial Organic Waste disposed of in Solid Waste bins and containers, and
the probable savings a Service Recipient would realize by both increasing the
use of the Commercial Recycling Service and the Commercial Organic Collection
Service and decreasing the use of the Commercial Solid Waste Collection
Service. Upon completion of each Commercial Waste Audit, a copy thereof shall
be submitted to the corresponding Service Recipient. The CONTRACTOR shall
retain a copy of each Commercial Waste Audit so performed throughout the term
of the Agreement.
Section 4.
Section 11.02 of the Agreement is hereby amended to read as follows:
11.02 Roll-Off Container Service. This service will be governed by the following terms
and conditions:
11.02.1 Conditions of Service. Upon receipt of notice from the City
Representative, CONTRACTOR shall provide Roll-Off Container Service for the
Collection of Large Items at no additional cost to the CITY CONTRACTOR shall
deliver and pick-up the Roll-Off Containers at the direction of the City
Representative. The notice to CONTRACTOR shall specify the date of delivery
and Collection of the Roll-Off Containers, the CITY Service Unit location for
delivery, and the number of and size of the Roll-Off Containers to be delivered.
Roll-Off Container service shall be provided within three (3) working days of
receipt of notice or on such date as indicated in the notice thereafter. The
CONTRACTOR shall provide Roll-Off Container service to CITY Service Units in
the Service Area up to fifteen (15) times per Agreement Year, and such Collection
by the CONTRACTOR shall be limited to providing Roll-Off Containers with a
cumulative total capacity of three hundred fifteen (315) cubic yards in any
Agreement Year except as otherwise provided in this Section 11.02. The CITY
Service Unit shall not deposit dirt, rock, concrete, Exempt Waste or Construction
and Demolition Debris in the Roll-Off Containers.
11.02.2 Condition and Placement of Roll-Off Containers. The Roll-Off
Containers shall be clean, free of graffiti and in good repair. The Roll-Off
Containers must be clearly marked and identifiable as belonging to
CONTRACTOR. Special consideration shall be given when determining the
delivery and pickup area for the Roll-Off Containers to ensure that the flow of
traffic is not impeded and that it does not result in aesthetic degradation of an
area. If the CITY Service Unit and the CONTRACTOR cannot agree on a
delivery and pick up area, the area shall be determined by the City
Representative. In addition, if, in the opinion of the City Representative, the
delivery and pick up area is inappropriate, the City Representative may require
the CONTRACTOR to relocate the Roll-Off container.
11.02.3 Calculation of Maximum Cubic Yardaqe Capacity of Roll-Off Containers
Per Aqreement Year. The CITY may obtain a Roll-Off Container of any given
capacity so long as the total cubic yards remaining to the CITY out of three
hundred fifteen (315) total yards is greater than or equal to one-half (1/2) of the
size of the container ordered, and further provided that the order will not result in
the CiTY receiving Roll-Off Container service more than fifteen (15) times in an
Agreement Year. For example, if the CITY has received fourteen Roll-Off
Containers with a total capacity of 300 cubic yards, the CITY could request a
Roll-Off Container with a maximum capacity of 30 cubic yards.
Section 5.
Section 16.02 of the Agreement is hereby amended to read as follows:
16.02 Public Outreach and Education Services. CONTRACTOR, at their own expense,
shall prepare, submit and implement an annual (Agreement Year) Public Education and
Outreach Program beyond the City's Public Education and Outreach Program. The
proposed action plan must be submitted annually for City approval no later than March
31st for the next Agreement Year. The program must include a minimum of twelve (12)
campaigns per year, designed to increase diversion as well as residential and
commercial participation. Campaigns should target certain Recyclable Materials or
"problem" areas of the CONTRACTOR'S Service Area where improvements can be
maximized. Targets of outreach should be based on local trends and recycling patterns
based on information obtained by both the City Representative and CONTRACTOR
staff.
Section 6.
A new Section 18.05.8 is hereby added to the Agreement to read as follows:
18.05.8 Commercial Waste Audit. All daily commercial waste audits required by the
annual Commercial Waste audit plan in Section 10.02 shall be summarized and
averaged for the quarter. The quarterly report shall also summarize the audit results by
the various segments of Service Recipients who produce Commercial Waste including,
but not limited to, MFO, large commercial, small commercial and schools.
Section 7.
Section 18.06.5 of the Agreement is hereby amended to read as follows:
18.06.5 Summary of Historical and Proposed Activities. In compliance with Article 16 of
this Agreement, CONTRACTOR shall provide a narrative of activities undertaken during
the year and those planned or proposed for the upcoming year. CONTRACTOR shall
provide information describing if the activity was undertaken in the previous Agreement
Year or not, and if not, why it was added. CONTRACTOR shall describe the reason for
the discontinuation of any activity and shall describe what activity is replacing it. The
CITY shall approve or reject any proposed discontinuation of activities.
Section 8.
A new Section 18.06.6 is hereby added to the Agreement to read as follows:
18.06.6 Diversion Plan. CONTRACTOR shall provide a plan for approval by the CITY
which describes the measures CONTRACTOR intends to take in the upcoming year to
comply with Section 6.01. The diversion plan shall also provide a summary of the actual
diversion achieved during the prior year. The diversion plan shall analyze all current
diversion programs and activities. In order to ensure that progress is made in achieving
the minimum annual diversion rate, the diversion plan shall also recommend, and project
the impact of, programmatic improvements for all services provided under this
Agreement.
Section 9. in the event of a conflict between the Agreement and this Amendment, this
Amendment will control. Except to the extent inconsistent with this Amendment, the parties
ratify and confirm all of the terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of
the date and year first above written.
CITY OF DUBLIN
. A-;>(.:',
Dated:
, I () /" , ,.;
\~) " r 'r.' I (h..)
.........-""""--- -)
_./"'
,.--:-- " \"
By: r C, c,:...r---<' ('
Richard C. Ambrose
City Manager
-.-\
''''-_./
Attest:
By Cw L f-~
-Carolyn Parkinson Cw>/o L'wl.'c.. p. So t-o
09)~ jftterim City Clerk
APPROVED AS TO FDRM:
,,/".'
By:
John D. Bakker
City Attorney
AMADOR VALLEY INDUSTRIES, LLC,
a California Limited Liability Company
Dated:
By:
Its:
1103407,1