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Home My WebLink About4.09 Recycling CartsSUBJECT: ATTACHMENTS: CITY CLERK File # 1]&1QR2=0[5 AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 18, 2000 64 Gallon Recycling Cart Agreement Report Prepared By: Jason Behrmann, Administrative Analyst 1. Resolution Approving the Recycling Cart Agreement RECOMMENDATION: lr `i*w dopt the Resolution Approving the Recycling Cart Agreement FINANCIAL STATEMENT: The cost to provide the carts to Dublin residents is $277,200. The City will contribute $200,000 using Measure D fund reserves and Livermore Dublin Disposal (LDD) will cover the remaining costs. The City has adequate Measure D fund reserves to purchase the carts. DESCRIPTION: At the June 6, 2000 City Council Meeting, the Council authorized the City Manager to negotiate an agreement with LDD to purchase 64 gallon recycling carts for Dublin residents using the City's Measure D fund reserve, for a total not to exceed $200,000. The attached Agreement outlines the payment, delivery and other items related to acquiring the carts and the new curbside recycling program. The cost for 6,600 carts is $277,200. The agreement stipulates that the City will contribute $200,000, while LDD has agreed to pay the remaining $77,200, in addition to the cost of delivery, maintenance and replacement. LDD will also cover all costs associated with purchasing additional carts for new residents. The Agreement states that the carts will be delivered no later than October 31, 2000, but LDD anticipates delivery by the end of September or beginning of October. Prior to delivery, LDD will send mailings to all residents informing them of the new carts and recycling program. The notice will also contain information about what to do with the old 11 gallon crates. Residents will be provided with several options including keeping them for their personal use as storage bins etc., dropping them off at a designated bin at the Dublin Civic Center for recycling, or placing the crates at the curb for pick-up and disposal. A more detailed recycling brochure will also be delivered to all residents at the time of delivery. As described in the June 6t'' Agenda Statement, the new 64-gallon carts will handle nearly twice the capacity of the old crates, eliminate the need to separate recyclable materials and can be conveniently wheeled to the street. Additionally, the carts will improve the appearance of neighborhoods on trash day ----------------------------------------------------------------------------------------------------------=-- COPIES TO: ITEM NO. H/cc-forms/agdastmt.doc by enhancing cart uniformity and by providing lids to prevent paper and other material from blowing down City streets during inclement weather. The new carts will significantly improve the City's current curbside recycling program by increasing recycling capacity and improving convenience. Staff anticipates that the new program will dramatically increase the City's recycling participation rate and curbside recycling tonnage. RECOMMENDATION Staff recommends that the Council adopt the Resolution approving the Recycling Cart Agreement. RESOLUTION NO. -00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND WASTE MANAGEMENT OF ALAMEDA COUNTY FOR THE PURCHASE OF 64 GALLON RECYCLING CARTS WHEREAS, the Council has been presented with an agreement entitled "Agreement between the City of Dublin and Waste Management of Alameda County, Inc. Regarding Provision of Recycling Carts to Subscribers;" and WHEREAS, the Council is familiar with the terms of the agreement; and WHEREAS, the City Manager has recommended approval of the agreement. NOW, THEREFORE BE IT RESOLVED, that the Agreement between the City of Dublin and Waste Management of Alameda County, Inc. Regarding Provision of Recycling Carts to Subscribers is hereby approved and the Mayor is hereby authorized and directed to execute the Agreement in substantially the form attached as Exhibit A to the agenda statement. PASSED, APPROVED AND ADOPTED this 18th day of July 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MAYOR CITY CLERK ATTACHMENT 1 AGREEMENT BETWEEN THE CITY OF DUBLIN AND WASTE MANAGEMENT OF ALAMEDA COUNTY, INC. REGARDING PROVISION OF RECYCLING CARTS TO SUBSCRIBERS This Agreement is entered into this __ day of ,2000, by and between Waste Management of Alameda County, Inc. (hereafter "WM"), and the City of Dublin, California (hereafter "City"). Co RECITALS WM provides solid.waste management services to City pursuant to the Final Agreement between the City of Dublin and Waste Management of Alameda County for Integrated Solid Waste Management Services (hereafter "Final Agreement"), initially entered into on June 30, 1995 and subsequently amended on June 6, 2000. As part of the Final Agreement, WM agreed to provide subscribers to its services with containers for recyclable materials. The City and WM now wish to acquire 6,600 64-gallon recycling carts (hereafter "Recycling Carts") for use in recycling activities within the boundaries of the City. The cost of the Recycling Carts is estimated to be $277,200. The City has agreed to contribute $200,000 from its "Measure D" funds to the costs of the Recycling Carts, and WM has agreed to contribute $77,200 to the costs of the Recycling Carts on the terms and conditions contained in this Agreement AGREEMENT NOW, THEREFORE, in consideration for the mutual covenants contained in this Agreement, the parties agree as follows: WM shall place an order with a supplier agreeable to both parties for the Recycling Carts no later than August 15, 2000, for delivery by September 18, 2000. The total cost of the Recycling Carts shall be no more than $277,200, inclusive of all taxes and fees, delivery and transportation costs, and any other charges of any kind related to the acquisition of the Recycling Carts. WM shall deliver the carts to all Dublin residents by October 31, 2000. The City shall pay to WM the sum of $200,000, which WM agrees to use exclusively for payment ora portion of the cost of the Recycling Carts. The City shall make such payment to WM in currently available funds no fewer than 7 days prior to the date payment is due to the mutually agreed supplier of the Recycling Carts. WM shall provide to the City invoices and other information reasonably required by the City to document the payment obligation to the mutually agreed supplier and to demonstrate WM's compliance with the terms of this section 2. o In addition to WM's obligations in section 2, WM shall make timely payment to the mutually agreed supplier of the Recycling Carts of an additional amount not to exceed $77,200 for the balance of the amount due for the Recycling Carts. EXHIBIT A Upon delivery of the Recycling Carts to WM and payment by the City of the amount required by Section 2, WM shall acquire title to the Recycling Carts and shall assume all responsibilities for maintenance and replacement of the Recycling Carts. WM shall notify Dublin residents of the new carts prior to delivery and develop a brochure to be delivered with the carts explaining the new recycling program. WM shall submit the brochure to City for review prior to delivery of the carts. o WM agrees that, pursuant to section 4.4.3.2 of the Final Agreement, as the recycling program expands, WM shall provide new subscribers with 64-gallon containers of substantially the same type as the Recycling Carts. The City and WM represent and warrant to one another that they are each duly authorized to enter into this Agreement and to perform their respective obligations hereunder. This Agreement rePresents the final agreement between the parties with regard-to the Recycling Carts. The terms ofihis Agreement shall be in addition to those contained in the Final Agreement, as amended, and all terms in the Final Agreement, as amended, shall remain in full force and effect. In the event that the terms of this Agreement and the Final Agreement conflict, the terms of this Agreement shall supersede the Final Agreement, but only as they relate to the acquisition and provision of the Recycling Carts. This Agreement may only be amended or modified by a writing duly authorized and executed by both parties. This Agreement shall be governed by the intern al laws (not including laws governing choice of law) of the State of California. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on their behalf as of the date first written above. CITY OF DUBLIN WASTE MANAGEMENT OF ALAMEDA COUNTY By: Guy S. Houston, Mayor By: Its: Approved as to form: Elizabeth H. Silver, City Attorney Attest: Kay Keck, City Clerk 2 EXHIBIT A