HomeMy WebLinkAboutReso 008-94 WasteMgmt-AltamontRESOLIIWION NO, 8 - 94
A RESOLUWION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
EXTENDING THE TERN OF A PROVISIONAL AGREEMENT WITH OAKLAND SCAVENGER CO.
RELATED TO CLOSURE AND POST CLOSURE MAINTENANCE OF THE ALTAMONT SANITARY
LANDFILL ( AS ORIGINALLY APPROVED BY RESOLUTION 14-93 )
WHEREAS, On January 11, 1993 the City Council adopted Resolution
No. 14-93, authorizing an agreement with Oakland Scavenger Company
(OSC); and
WHEREAS, OSC is now known as Waste Management of Alameda County
(WMAC)~ and
WHEREAS, the City accepted the recommendation of the Joint Refuse
Rate Review Committee that certain Landfill Closure/Post Closure costs
should be the subject of further negotiations; and
WHEREAS., the purpose of the agreement was to specify issues to be
negotiated and the handling of certain funds pending the outcome of the
negotiations; and
WHEREAS, it was anticipated in the agreement that final resolution
of these matters would be complete by November 1, 1993; and
WHEREAS, the parties have indicated that the negotiations will need
to be extended to March 31, 1994; and
WHEREAS, an amendment has been prepared in which, both parties
would agree to extend the terms of the agreement to March 31,1994.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin, does hereby authorize the Mayor to execute the amendment,
attached hereto as Exhibit A and byreference made a part hereof.
PASSED, APPROVED AND ADOPTED this 10th day of January, 1994.
AYES:
Councilmembers Burton, Houston, Howard, Moffatt and Mayor
Snyder
NOES: None
ABSENT: None
c:Rsocpc.psr
EXTENSION OF AGREEMENT FOR PROVISIONAL CHARGES
FOR THE CLOSURE AND POST-CLOSURE MAINTENANCE
OF ALTAMONT SANITARY LANDFILL
THIS AGREEMENT is made and entered into as of this 1st
day of November 1993 between the City of Dublin ("City") and
Waste Management of Alameda County, Inc., a California
corporation, formerly known as Oakland Scavenger Company
("WMAC").
WHEREAS, the parties entered into an "Agreement for
Provisional Charges for the Closure and Post-Closure Maintenance
of Altamont Sanitary Landfill" dated as of January 11, 1993
("Provisional Charges Agreement"); and
WHEREAS, the Provisional Charges Agreement committed
the parties to seek to negotiate an amendment to the refuse
collection Franchise Agreement between the parties covering a
number of issues related to the financing of the closure and
post-closure maintenance of the Altamont Sanitary Landfill
("Altamont"); and
WHEREAS, the Provisional Charges Agreement also
authorized WMAC to collect Provisional Charges (in the amount of
approximately $1.66 per Ton) during the course of these
negotiations and ~o deposit funds so collected in an interest
bearing Escrow Account; and
WHEREAS, the Provisional.Charges Agreement contemplated
that negotiations would result in a definitive agreement being
concluded by November 1, 1993 and provided for the disposition'of
137153.4 December 13, 1993
the funds in the Escrow AcCount on that date if no agreement was
reached; and
WHEREAS, the parties have, through their
representatives, met, exchanged information, and negotiated in
good faith, but have been unable to resolve all issues. As a
result, a definitive agreement amending the Franchise Agreement
to address closure and post-closuremaintenance of Altamont has
not been executed; and
WHEREAS, the parties believe it is in their best
interests to allow a further, but limited, period of time within
which to conclude the negotiations and, if possible, execute a
definitive agreement; and
WHEREAS, the parties therefore wish to extend the term
of the Provisional Charges Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Section 1. Extension of Provisional Charges Agreement
The parties agree to extend the term of the Provisional
Charges Agreement until March 31, 1994. To effect this
extension, the reference to "November 1, 1993'~ in Section 2(c) of
the Provisional Charges Agreement is amended to read "March 31,
1994." All references in the Provisional Charges Agreement to
the "Designated Amendment Completion Date" shall be understood to
mean March 31, 1994. The parties agree to continue to seek to
negotiate in good faith an amendment to the Franchise Agreement
that will address the issues listed in Section 2 of the
Provisional Charges Agreement.
137153.4 ' 2 ' D~embcr 13, 1993
Section 2
WMAC will continue to be authorized to charge ratepayers
provisional charges in the amounts set forth in Schedule A to the
Provisional Charges Agreement through March 31, 1994, which amount
will continue to be calculated as $1.66 per Ton. WMAC shall continue
to deposit all sums so collected in the Escrow Account.
Section 3
All other terms and conditions of the Provisional Charges
Agreement shall continue in full force and effect, except as amended
by Section 1 hereof, and shall apply to the extended term and to the
interpretation and enforcement of this Extension Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Extension Agreement as of the date first above written.
Att :
Y
CITY OF DUBLIN
WASTE MANAGEMENT OF ALAMEDA COUNTY, INC.
137153.4
' 3' December 13, 1993