HomeMy WebLinkAboutReso 064-94 LDD Multi-RecycleRESOLUTION NO. 64 - 94
A RESOLUTION OF T~E CITY COUNCIL
OF TRE 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:
Councilmembers Burton, Houston, Howard, Moffatt, and
Mayor Snyder
NOES: None
ABSENT: None
ATTEST
C'ty
Ma~or
PSR/lss a: Reso64. agenda#15
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
Authorized Monthly Rate For Recycling Services
Effective with this 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 describe~
below, for all multi-family resident units regardless of the level of
their participation in the program.
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, 199~
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:S0.52
Total This Billing:
6 months , 2400 units , $.52! = $7,488
The amount of the City Subsidy can only change upon adoption by the Cit'
Council of an appropriate Resolution. It is intended that the funding
source of this subsidy shall be the Measure D Recycling Funds.
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.
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 adjustment not
less than thirty (30) days prior to its effective date. Said 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 reguire applying a prorated CPI factor. City shall be provided
with a Preliminary 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
Dan Borges, General Manager
D. David MacDonald,
Executive Vice President
CITY OF DUBLIN, a
Municipal Corporation
Peter W. Snyder
Attest:
Kay ec , City 'Clerk
Approved As To Form:
City Attorney