HomeMy WebLinkAboutReso 025-93 LDD RecyclMulti-Fam
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RESOLUTION NO. 25 - 93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ADOPTING AN AGREEMENT FOR A MULTI-FAMILY RECYCLING PROGRAM
WHEREAS, the City of Dublin approved a comprehensive single family residential recycling
program with Livermore Dublin Disposal, a division of Oakland Scavenger Company; and
WHEREAS, LDD is affiliated with Waste Management Inc., which has developed the Recycle
America Program; and .
WHEREAS, Phase I of the Recycle America program consists of single family residential
curbside pick-up of recyclable material; and
WHEREAS, State law requires cities to take steps to reduce the amount of waste directed to
landfills; and
WHEREAS, it is the intent of the City and implement Phase IT of the Recycle America program
consisting of service to all Multi-Family projects in the City; and
WHEREAS, Phase II of the Recycle America program will assist the City to further its goal of
complying with State Law; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the recycling agreement attached hereto as Exhibit A, a recycling program for Multi-
Family projects.
BE IT FURTHER RESOLVED, the Mayor of the City of Dublin is authorized to execute the
agreement.
PASSED, APPROVED AND ADOPTED this 22nd day of February, 1993
AYES:
Councilmembers Burton, Houston, Howard, Moffatt & Mayor Snyder
NOES:
None
ABSENT:
None
ABSTAIN: None
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AGREEMENT FOR MULTI-FAMILY RECYCLING
BETWEEN OAKLAND SCAVENGER COMPANY (OSC),
LIVERMORE DUBLIN DISPOSAL (LDD)
AND THE CITY OF DUBLIN (CITY)
This agreement is made and entered into on the 22nd day of February, 1993, by and between the City of
Dublin, a California Municipal Corporation ("CITY"), Oakland Scavenger Company ("OSC"), a California
Corporation and Livermore Dublin Disposal, ("LDD"), a division of Oakland Scavenger.
RECITALS
A. In a separate agreement dated April 24, 1990, the Dublin City Council approved a comprehensive
single family curbside recycling program.
B. LDD represents that it has the necessary resources, skill and expertise to provide a multi-family
recycling program for the City.
c. OSC provides garbage collection service for the City pursuant to the City's Solid Waste
Management Agreement under a separate franchise contract with the City entered into on March
10, 1986.
D. OSC has the capacity to bill for the recycling services as part of their regular garbage service
billing.
E. This agreement is entered into pursuant to the City's Solid Waste Management Agreement.
F. The following document is hereby incorporated into this Agreement: LDD's Draft Proposal-
Dublin's Multi-Family Recycling Program dated December 1, 1992 which is attached as Exhibit A.
Now, therefore, the City, OSC and LDD agree as follows:
I. TERM OF AGREEMENT
The term of this Agreement shall be from February 22, 1993 to March 31, 1996 inclusive.
II. SERVICES TO BE PROVIDED
LDD shall perform multi-family recycling services in the City of Dublin as follows:
EXHIBIT A
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A. Recipients of services: Upon commencement of services under this contract, LDD shall
provide recycling services for those multi-family residences in the City of Dublin which are
current subscribers to the garbage collection service operated by OSc.
LDD reserves the right to discontinue recycling services to any customers who do not pay
the garbage invoice within sixty (60) days of receipt, and to collect its recycling containers
from those customers.
B. Materials to be collected: LDD shall collect and remove all ferrous and non-ferrous
(aluminum) cans, glass bottles and jars, PET plastic bottles, and newspapers, which have
been segregated in appropriate recycling containers.
LDD shall instruct subscribers as to any necessary preparation of materials, such as
removing labels from cans, and the appropriate use and placement of containers. If a
subscriber fails to comply with the instructions, LDD shall not be required to pick up the
recyclable materials, notify the subscriber of the reason and what steps must be taken to
recommence pickup services.
C. Containers: LDD shall supply each multi-family unit with a container to store their
recyclables at their residences. LDD will also provide two larger containers at each trash
location for the residents to deposit their recyclables. The replacement cost of the larger
containers at each trash location will cost $65.00 each. Contractor shall make replacement
bins available to customers at a cost of $5.00 each for the container at each residence.
LDD may make annual adjustments to the costs charged for replacement bins using the
full annual percentage difference in the "San Francisco-Oakland-San Jose Consumer Price
Index, All Urban Consumers, All Items, (CPI)" as the percentage basis for the adjustments.
D. Collection Schedule: LDD shall collect all recyclable materials, as defined and in
accordance with this Agreement. The containers located at each trash location will be
serviced weekly. The holiday collection schedule for the collection of recyclable materials
shall be the same as that for the regular garbage service. Collection shall be performed
fifty-two (52) weeks per year.
E. Transportation and Processing of Recyclable Material: LDD will provide specially
designed and painted vehicles for collecting and transporting recyclable materials. LDD
shall have sole responsibility for recycling all collected recyclable materials; none of this
material may be disposed of at a landfill, transfer station or any other location in lieu of
recycling the material. Violation of this section will be considered "due cause" and subject
to the provisions of Section VII (L).
F. Customer Service: LDD shall satisfactorily provide comprehensive customer service for
the Program including but not limited to, responding to complaints, answering questions
and handling missed pick-ups. Missed pick-ups shall be collected within one business day
of being reported. A record of customer complaints and disposition shall be maintained
by LDD and made available to CITY at CITY's request.
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G. Public Awareness and Promotion Pro&ram: LDD shall develop, implement and maintain a
comprehensive community education and promotion program for multi-family recycling
as described in Section, "Promotion", of LDD's Draft Proposal (Exhibit A) previously herein
incorporated. Details of the program's implementation shall be agreed to by CITY.
Performance of this program shall be reviewed by CITY on an annual basis. LDD shall
provide a summary of the efforts undertaken and the cost associated with the program.
III. REPORTS
LDD will develop definitions, standards, content and formats for monthly and annual reports
subject to approval by CITY, prior to submission of first monthly report from LDD.
LDD shall submit written monthly and annual reports to CITY that provide the following
information.
A. Volume summaries indicating the total quantities of each recyclable material collected and
the average weight per pick-up.
B. Activity report on the Public Awareness and Promotion Campaign describing measures
taken during the quarter and, the status of each component of the campaign.
C. Reporting required by State law. If the enactment of State law including but not limited to
Public Resources Code Section 40000 et. seq. (AB939), mandates the collection of specific
data under the program, LDO shall take steps to provide the CITY with this information.
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IV.
SCHEDULE OF PERFORMANCE
On May 3, 1993, LDD shall commence delivery of containers, which shall be completed on May 7,
1993 to all multi-family units which are current garbage subscribers. Regular pick-ups shall
commence on May 10, 1993. In the event that unforeseen circumstances arise which would cause
a delay in the delivery or commencement dates, LDD and CITY may modify this Schedule of
Performance by mutual Agreement.
V.
ADDITIONAL SERVICES/EXP ANSION OF SERVICES
In the event CITY requests LDD to perform additional recycling services to multi-family units,
such as collecting additional types of materials, this Agreement may be amended to include said
services by mutual Agreement of CITY and LDD.
VI. COMPENSATION FOR SERVICES
LDD is authorized to collect fees for the multi-family recycling program, on the bill issued by OSC
for garbage service. The fee for the multi-family recycling program will be $1.26 per residential
unit. This fee shall be charged to all multi-family resident units regardless of the level of their
participation in the recycling program. LDO shall be solely responsible for collection of fees for
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the Multi-Family Recycling Program. The CITY will contribute $20,000 of Measure D funds to
LDD for Capital Equipment in order to reduce the per unit cost to the $1.26 level.
LDD may make annual adjustments to the fees charged for the Multi-Family Program, no sooner
than one year after LDD begins providing curbside recycling services using the full annual
percentage difference in the "San Francisco-Oakland-San Jose Consumer Price Index, All Urban
Consumer, All Items," as the percentage basis for the adjustments. The February index will be
used for May 1 adjustment. LDD shall give each subscriber a written notice of any anticipated fee
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.
LDD shall make a reasonable effort to coordinate any recycling rate adjustment with rate
adjustments considered by the CITY for garbage service. CITY shall be provided with a
preliminary notice of adjustment including the calculation used, at least sixty (60) days prior to its
effective date.
VII. ADMINISTRATIVE PROVISIONS
A. Compliance with Laws and Regulations: LDD agrees that, in the performance of services
under this Agreement, LDD will qualify under and comply with any and all federal, state
and local laws and regulations now in effect, or hereafter enacted during the term of this
Agreement, which are applicable to LDO, its employees, agents or subcontractors, if any,
with respect to the work and services described herein.
B. Permits and licenses: LDO, at its sole cost and expense, shall obtain and maintain
throughout the term of this Agreement all permits, licenses and approvals necessary or
required for LDD to perform the work and services described herein or subsequently
added through amendment to this Agreement.
C. Ownership of collected recyclable materials: It is agreed that LDD shall have sole and
exclusive rights to all recyclable materials collected by LDO pursuant to this Agreement,
and shall be entitled to any and all revenue generated from the sale of those materials.
D. Contractor's records: LDD shall maintain all books and records related to the performance
of this Agreement for a period of at least three (3) years from the date of the final payment
by customers to LDO pursuant to this Agreement.
E. Insurance: LDD will obtain, maintain and produce evidence to CITY of, during the period
of this Agreement, insurance as follows:
1 . Workers Compensation, covering all employees of LDO, that meets all
requirements of the California Labor Code.
2. Comprehensive General Liability with limits of $1,000,000 for bodily injury and
property (combined single limit), written on an occurrence basis.
3. Motor Vehicle Insurance with limits for bodily injury and property damage of
$1,000,000 (combined single limit). CITY and its officers, employees and agents
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shall be named as additional insured on all policies. In the event of cancellation of
any coverage, thirty (30) days prior written notice of termination shall be given to
CITY. Notice shall be sent to:
Assistant City Manager
City of Dublin
P. O. Box 2340
Dublin, California 94568
F. Performance Bond: LDD has furnished a Performance Bond to CITY, at LDD's expense,
for the faithful performance of its contract with the CITY for residential recycling in the
amount of $50,000. A certificate from the surety showing that the bond premiums are paid
in full has been provided to the CITY. The surety on the bond shall be a duly authorized
corporate surety authorized to do business in the State of California. Provision for a Bond
under this Agreement will be satisfied as long as the bond for residential curbside
recycling is in effect.
G. Indemnification and hold harmless: LDD agrees to indemnify, defend and hold harmless
CITY, its officers, agents and employees, from any and all claims, causes of action or
administrative proceedings arising out of or resulting from LDD's activities and
responsibilities under this Agreement, unless it arises out of the sole negligence or willful
misconduct of CITY.
H. All Covera&e's:' Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days prior written notice by certified mail,
return receipt requested, has been given to the City.
I. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no '
less than A: VIT.
J. Amendment: This Agreement may be amended by mutual Agreement of the parties.
Such amendments shall be in writing and signed by both parties.
K. Recitals: The foregoing recitals are true and correct and are made a part of this Agreement.
L. City Obli&ation: CITY's obligation under the terms of the Agreement is to allow LOD to
collect its fees under the franchise Agreement between CITY and OSC for the entire term
, of this Agreement.
M. Dispute Resolution: In the event that disputes regarding performance of services under
this contract cannot be satisfactorily resolved among the parties, CITY and LOD agree to
submit the dispute to binding and conclusive arbitration pursuant to the rules of the
American Arbitration Association.
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N. Termination: This Agreement may be terminated for due cause or upon mutual consent.
Notice of intent to terminate may be initiated by either part upon ninety (90) calendar
days' written notice. Notice shall be given to LDD at:
Livermore Dublin Disposal
6175 S. Front Road
Livermore, CA 94550
Notice shall be given to CITY at:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Both parties enter into this Agreement with full knowledge that modifications to the Agreement may be
necessary depending on any future court review of Waste Management of the Desert, Inc. V. Palm
Springs Recycling Center, Inc., (1992) 9 Cal. App. 4th 239, 11 Cal. Rptr. 2d 676. If any part of this
Agreement is subsequently determined by CITY to be invalid based on this case, it shall be severed from
the Agreement. The remaining portions of the Agreement shall remain in full force and effect.
In the event of termination, LDD agrees to cooperate to ensure an orderly transition to a new system.
IN WITNESS WHEREOF, This Agreement is executed by the CITY and by LDD.
LIVERMORE DUBLIN DISPOSAL,
a division of
Oakland Scavenger Company
CITY OF DUBLIN, a
Municipal Corporation
Dan Borges
Division President and
General Manager
Peter W. Snyder
Mayor
ATTEST:
D. David MacDonald
Oakland Scavenger Company
Executive Vice President
City Clerk
APPROVED AS TO FORM:
City Attorney
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PROPOSAL
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DUBLIN HULTI-FAMILY RECYCLING
PROGRAM
Submitted by
Livermore Dublin Disposal
Decemb~r 1, 1992
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A Waste Management Company
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Introduction
The past decade has been marked by the pUblic's in~reasing
awareness of the environment and its involvement in the
environment's conservation. The latter is exemplified by the City
of Dublin, and its residents, through its approval of its weekly
recycling program, Recycle America.
Livermore Dublin Disposal
(LDD), a Waste Management Company, currently provides the weekly
service for single family units. By providing residents with pick-
ups of their recyclable materials in bins provided by LDD,... the
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Recycle America program has allowed the City of Dublin to increase
the volume of materials collected by 17% during the last year.
with the successful implementation of this first phase of the
recycling program, LDD will set forth the secondary phase of the
program, that of servicing multi-family units.
This proposal
outlines the implementation of LDD's Recycle America program to the
City of Dublin's mUlti-family dwellings, with brief descriptions of
its operations, the proj ect team involved, and its promotional
plans.
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operational Specifics
with the introduction of Phase II of LOO's Recycle~erica
program, recycling services will be available for those multi-
family units currently serviced by LDO's garbage collection
program. As with the single family units, success of the program
is determined by the number, of individuals participating in the
program and the sequencing of the collection routes, as well as
with the number of recyclable material collected.
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Under Program I, LOO will provide containers to the multi-
family units being serviced. Residents of multi-family dwellings
will be provided with a portable recycling bin.
Tenants, then,
will be able to deposit their glass bottle and jars, PET plastics,
and aluminum cans into the portable bin within the convenience of
their dwelling. LOO will situate a larger container, where tenants
can empty their individual loads, next to the mUlti-family unit's
general garbage disposal area. A second larger container will be
provided, labelled and reserved for newspapers. Thus, tenants will
be able to continue their recycling efforts without interruption
during the interim between recycling collections. By centralizing
LOO's pick-Ups of such recyclables to the large container and by
providing separate containers for different recyclables, LOO is
'able to minimize the labor cost involved with the program and pass
the savings onto the customer. Program II is the same as the above
except the City of Oublin will provide LOO with $20,000.00 to
enhance recycling and reduce the cost of the program to the
customer.
Under both programs we will offer old corrugated
containers (OCC) to be picked up.
Due to the fact that OCC is
difficult to handle, each complex will be handled different. In
most cases there will be a minimal charge to the complex.
As an effort to keep prices low for the customers, costs
incurred by LDD as a result of bin damage 'suffered at the hands of
tenants or lost containers will be passed onto the customer.
Tenants residing in the multiple-family dwellings rare
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encouraged to recycle all ferrous and non-ferrous (aluminum) cans,
glass bottles and jars, PET plastics, and newspapers. LDD
recognizes the aforementioned as recyclable materials and will
collect such materials that have been properly segregated into the
recycling containers.
It will hold itself responsible for
informing customers of the necessary actions required for the
collection of the recyclable materials, e.g. the removal of labels
from cans, and the appropriate use and placement of its containers.
Failure to adhere to the guidelines set forth by LDD may
result in LDD's refusal to pick-up the recyclable material. In
such instances, customers will be notified by LDD of the specific
reasons for LDD~s declination to collect the material and of the
actions that can be taken to recommence the pick-up service.
Livermore Dublin Disposal (LDD), located on the eastern end
of Livermore, will be the center of operations for the Dublin
recycling program.
Customers of LDD' s operation have and will
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continue to find comprehensive customer service, whether it be
responding to complaints, answering questions, establish~ng new
accounts, or handling missed pick-ups.
Phone calls requiring
action by LDD will be dealt with promptly, and, in the case of
missed pick-ups, LDD will dispatch a truck for the missed recycling
collection within twenty-four hours. A record of customer phone
activities will be maintained at the LDD site and can be made
available to the City at the city's request.
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The recyclable materials will be picked-up on a weekly basis
by LDD vehicles specially designed for the purpose of collecting
and transporting recyclable materials. Distinguished by the white
and burgundy colors commonly associated with a Waste Management
operation, the trucks will go directly to the LDD recycling center,
to deposi t the day I s worth of recyclable collections.
Participants of the recycling program, thus, can be assured that
the recyclable pick-ups serviced by LDD will in no way find
themselves disposed at a landfill, transfer station, or any other
disposal site outside of a recycling center.
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project Team
The key Waste Management individuals coordinatin.g the
recycling program with the City of Dublin are Dan Borges, Division
President and General Manager at LDD;
Adam Davis, Recycling
Coordinator for Oakland Scavenger Co.; and Ron Outlaw, LOD Division
Vice President and Controller.
While a relatively newcomer to LDD, Dan Borges has been in the
garbage business for over two decades and has for the past depade
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been managing one of the more diversified Waste Management sites in
northern California while at Sacramento.
He brings into the
program the combination of a wealth of experience and a range of
knowledge of the garbage industry and, especially, the Waste
Management profile.
Adam comes to o. S. c. /Waste Management having previously served
as the General Manager at Recycled Wood Products.
His prior
experience can only enhance his current role as the recycling
coordinator at O.S.C.
In addition, Adam is an integral part of
O. S. C. /Waste Management's efforts to inform the public of its
recycling program.
Providing financial/accounting support is Ron Outlaw. Ron has
been with Waste Management for four years and will utilize his
experience and extensive education to produce timely and accurate
reporting and analysis.
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promotion
Although recycling has become an important ecological and a
mandated issue in recent years, the general pUblic's awareness is
limi ted. Drawing from Waste Management's array of human and
material resources, LDD proposes to hold meetings with property and
site managers of the mUlti-family dwellings to educate them,
firstly, on recycling itself, and secondly, on the proper use of
containers provided by LDD. Educational aids, e.g. pamphlets and
newsletters, concerning the Recycle America program can be made
available to the customers to encourage the practice of recycling.
projected Landfill Diversion
YEAR 1 YEAR 2 YEAR 3
312 Tons 318 Tons 324 Tons
Cost of Program
The projected five-year cost per unit per month is as follows:
YEAR 1 YEAR 2 * YEAR 3 *
Program I $1.56 $1.61 $1.66
Program II $1.26 $1.30 $1.35
All projections based on 2400 dwellings or units.
*Year 2 through 5 increases will be based on the "San Francisco-
Oakland-San Jose Consumer Price Index, All Urban Consumer, All
Items"
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6 gallon container to be provided to each dwelling or unit
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96 gallon containers to be located near trash areas
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EXHIBIT I
FINANCIAL SUMMARY
Year
Program I -L --L -L
Projected Commodities revenue 19 20 21
Projected Program Costs 64 66 69
Net Program profit/CLoss) (45) (46) (48)
Cost per unit/Month 1.56 1.61 1.66
Year
Program II -L --L -L
Projected Commodities Revenue 19 20 21
Projected Program Costs 55 57 59
Net Program Profit/CLoss) (36) (37) (38)
Cost per Unit/Month 1.26 1.30 1.34
Note:
City of Dublin would provide LDD with $20,000.00 at the
start of the program to enhance recycling in Program II.
Does not include OCC recycling.
EXHIBIT II
The following assumptions were used to develop the cost of
operations:
Contract Terms
3 years
Account Increase
2% annually
Labor Cost
Teamsters Local 70
5% annual escalation
year one - $20,000.00
CAPITAL
Proqram I
Truck and Tippers
$15,000.00
Individual Containers
8,000.00
Central containers
15,500.00
$38,500.00
Proqram II
Truck and Tippers
Individual containers
$15,000.00
8,000.00
Central Containers
15.500.00
$38,500.00