HomeMy WebLinkAboutReso 016-93 Garbage 3rdAmendRESOLUTION NO. 16 - 93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THIRD AMENDMENT TO FRANCHISE AGREEMENT
BETWEEN THE CITY OF DUBLIN AND
OAKLAND SCAVENGER COMPANY
WHEREAS, Oakland Scavenger Company (OSC) collects and disposes
of waste generated within the City of Dublin pursuant to a Franchise
Agreement dated March 10, 1986; and
WHEREAS, the agreement was previously amended on March 13,
1989 and January 13, 1992; and
WHEREAS, during the past several years, State Legislation
including AB 939 has increased the responsibility of cities in
managing the provision of waste planning and handling; and
WHEREAS, the increasing mandates have resulted in increased
demands for Staff time, consultants, conducting special studies, and
implementation of new programs and services; and
WHEREAS, the performance of these obligations has also
impacted the City financially due to the lack of a designated
revenue source for these purposes; and
WHEREAS, the Total Franchise Fees and "Other Surcharges"
currently levied by other jurisdictions serviced by Oakland
Scavenger Company range from 5.5% to in excess of 20%; and
WHEREAS, the average fees levied by the agencies surveyed
equals 12.4%; and
WHEREAS, the City of Dublin currently levies only a 4.8%
Franchise Fee; and
WHEREAS, the collection of an additional 2% Waste Management
Administrative Fee would continue to place the City of Dublin well
below the average fees collected by other jurisdictions; and
WHEREAS, the collection of such a fee would result in the City
of Dublin having the second lowest combined fees of the 13 agencies
serviced by Oakland Scavenger Company; and
WHEREAS, the proposed garbage rate structure to be considered
at a public hearing on January 11, 1993 will accommodate the payment
by the Company of this additional fee; and
WHEREAS, in order to collect such a fee an amendment to the
franchise agreement is required.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Dublin does hereby approve the "Third Amendment dated
January 11, 1993 to Agreement dated March10, 1986 between City of
Dublin and Oakland Scavenger Company" (Exhibit A), attached hereto
and by reference made a part hereof.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to
execute the agreement on behalf of the City of Dublin.
PASSED, APPROVED AND ADOPTED this 11th day of January, 1993.
AYES:
Councilmembers Burton, Houston, Howard, Moffatt, and
Mayor Snyder
NOES: None
ABSENT: None
ATTEST
Mayor
a: ~esol 6. agenda#11
THIRD AMENDMENT DATED JANUARY 11, 1993 TO
AGREEMENT DATED MARCH 10, 1986
BETWEEN CITY OF DUBLIN AND
OAKLAND SCAVENGER COMPANY
REGARDING WASTE COLLECTION AND DISPOSAL
This amendment is by and between City of Dublin, hereinafter "CITY"
and Oakland Scavenger Company, hereinafter "COMPANY."
RECITALS
W~EREAS, the CITY and COMPANY have entered into a franchise
agreement dated March 10, 1986, hereinafter "AGREEMENT" for waste
collection and disposal; and
WHEREAS, the AGREEMENT is dated the 10th day of March 1986; and
WHEREAS, CITY and COMPANY have executed a First Amendment to said
AGREEMENT; and
WHEREAS, said amendment is dated March 13, 1989 and it provides
for a change in the government locations receiving services pursuant
to AGREEMENT; and
WHEREAS, CITY and COMPANY entered into a Second Amendment dated
January 13, 1992; and
WHEREAS, said second amendment provided for the COMPANY to obtain
delinquent amounts collected by the CITY; and
WHEREAS, in recent years State Mandates in the area of waste
management have increased demands on CITY resources; and
WHEREAS, the CITY is desirous of a stable revenue source to meet
the obligations of the increased State Mandates; and
WHEREAS, the COMPANY has indicated a willingness to provide for
the collection of a 2% Administrative Fee which will be remitted to
the CITY; and
WHEREAS, the fee shall be collected and disbursed in a manner
similar to the Franchise Fee identified in Section 3.6 of AGREEMENT.
NOW, THEREFORE, CITY and COMPANY do hereby agree that the
AGREEMENT Between the City of Dublin and Oakland Scavenger Company
regarding Waste Collection and Disposal shall be amended as follows:
The AGREEMENT shall be amended to add Section 3.9 to the
AGREEMENT to read as follows:
3.9 CITY Administrative Fee
In addition to the Franchise Fee enumerated in Section 3.6 of
this AGREEMENT, COMPANY shall pay to the CITY two percent (2%) of
the gross revenue derived by the COMPANY from Collection services
provided in the CITY under this agreement. The computation of
these fees shall be conducted in the same manner as Franchise
Fees described in Section 3.6.
The CITY shall utilize fees collected pursuant to this clause to
fund administrative costs associated with management of the
CITY's solid waste system. These costs may include but are not
limited to: Staff salaries and benefits, consultants,
implementation of waste management programs and activities and
other related items as deemed necessary by the CITY.
For CITY:
COMPANY'
For
ive
A Waste Management Company
Vice President
PSR/lss a: agmt-osc. psr#]3