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HomeMy WebLinkAboutReso 106-96 SolidWasteSvcsRESOLUTION NO. 106 - 96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING AMENDMENT NUMBER TWO TO THE AGREEMENT BETWEEN WASTE MANAGEMENT OF ALAMEDA COUNTY AND THE CITY OF DUBLIN FOR INTEGRATED SOLID WASTE MANAGEMENT SERVICES Waste which WHEREAS, through Resolution 59-95, adopted June 13, 1995, the City of Dublin adopted a Solid Disposal Franchise Agreement with Waste Management of Alameda County ("AGREEMENT") allowed the City to moderate the cost of service with City contributions of grants and subsidies; and WHEREAS, the City receives Measure D funds which must be used for source recycling and source reduction activities and programs; and WHEREAS, Measure D funds will be used to provide an operating subsidy for a pilot commercial recycling program and provide a one-time grant for the purchase of commercial recycling containers, both of which are appropriate uses for Measure D funds; and WHEREAS, funding was identified in the adopted 1996/97 City Budget to provide for these contributions; and WHEREAS, the City Manager hai recommended that the Council approve the Agreement in the form attached as Exhibit "A"; NOW THEREFORE, BE IT RESOLVED that the Mayor of the City of Dublin is authorized to execute the agreement attached hereto as Exhibit "A" and by reference made a part hereof. PASSED, APPROVED AND ADOPTED this 13 day of August, 1996. AYES: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston NOES: None ABSENT: None ABSTAIN: None ATTEST~C~iCier~k~_,d-~L ~ ~~ Mayor AMENDMENT NUMBER TWO TO THE AGREEMENT BETWEEN WASTE MANAGEMENT OF ALAMEDA COUNTY (COMPANY) AND THE CITY OF DUBLIN (CITY) FOR INTEGRATED SOLID WASTE MANAGEMENT SERVICES This agreement, aated for convenience as 13 August 1996, is entered into by the City of Dublin, hereaecer "CITY" and Waste Management of Alameda County, hereafter "COMPANY" in accordance with §6.11 of the Agreement between the City of Dublin and Waste Management of Alameda County for Integrated Solid Waste Management Services, date 30 June 1995 (herea~er the "AGREEMENT") CITY and COMPANY do hereby agree to the following: Recitals WHEREAS, the City receives Measure D funds Which must be used for Recycling and Source Reduction activities and programs: and WHEREAS, CITY has declared its intention to encourage commercial recycling, using Measure D funds, by providing a limited operating subsidy and a one-time grant for the purchase of commercial recycling containers; and WHEREAS, these expenditures are an appropriate use of Measure D funds; NOW, THEREFORE, in consideration of the premise above stated and terms, conditions, covenants and agreements contained herein, CITY AND COMPANY do hereby agree as follows: I Definitions For the purposes of this agreement, "small user" is defined as any nonresidential commercial enterprise which has no COMPANY provided recycling containers which exceed 96 gallons in capacity. "Large User" is defined as any nonresidential commercial enterprise which has one or more COMPANY provided recycling containers which exceeds 96 gallons in capacity. II. Grant from CITY to COMPANY to Subsidize Pilot Commercial Recycling Program A) Pursuant to Article 6.11 of the AGREEMENT, CITY agrees to provide to COMPANY a one-time grant from Measure D recycling funds not to exceed $22,350, to subsidize a Pilot Commercial Recycling Program as follows: Period August 1996 to June 1997 Program Small User Pilot Commercial Program CITY will provide a 100'percent subsidy for 12 months of service for 128 small users at a maximum rate of $14.55 per month, per user AHIOHIIt $22,350 B) COMPANY shall submit and invoice and the necessary documentation to CITY on a quarte~y basis. CITY shall tender the above sum to COMPANY within 30 days of receipt of the invoice and the necessary documentation. II. Large Commercial User Commercial Recycling Program Pursuant to Article 6.11 of the AGREEMENT, CITY agrees to provide to COMPANY a one-time grant from Measure D recycling funds. to subsidize a Large User Commercial Recycling Program as follows: Period August 1996 to June 1997 Description Large User Commercial Recycling Incentive Program CITY will provide a subsidy for 80 large users, not to exceed $40 per account, to partially subsidize one month of service. Amount $3,200 s) COMPANY shall submit and invoice and the necessary documentation to CITY. CITY shall tender the above sum to COMPANY within 30 days of receipt of the invoice and the necessary documentation. III. Grant from CITY to COMPANY to Purchase Small User Recycling Carts A) CITY shall provide, pursuant to §6.11 of the AGREEMENT, a one-time capital funding grant, subject to subparagraphs B through D below: s) CITY shall pay up to the sum of $7,500 to COMPANY for the total cost of 128 small user recycling containers upon submittal of satisfactory documentation of purchase. -The total cost includes purchase price, sales tax, and delivery expense c) COMPANY shall submit and invoice and the necessary documentation to CITY. CITY shall tender the above sum to COMPANY within 30 days of receipt of the invoice and the necessary documentation. D) CITY shall have the right to request and conduct an inspection of the original records for the items described above for a period of three years following the date of this agreement. COMPANY shall respond to any reasonable request by CITY to verify the expenditure of funds in accordance with this agreement. IN WITNESS WHEREOF, this agreement is executed by the parties to the original AGREEMENT. APPROVED AS TO FORM Elizabeth H. Silver, City Attorney CITY OF DUBLIN WASTE MANAGEMENT OF ALAMEDA COUNTY ("COMPANY") By: Name: Title: Desi Reno General Manager, Livermore-Dublin Disposal