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HomeMy WebLinkAboutReso 068-93 OSC RecyAmerPgmRESOLUTION NO. 68 - 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A SECOND AMENDMENT BETWEEN THE CITY OF DUBLIN AND OAKLAND SCAVENGER COMPANY REGARDING THE DUBLIN RECYCLE AMERICA PROGRAM WHEREAS, on April 23, 1990, the City of Dublin and Oakland Scavenger Company signed an agreement which provides for a residential curbside recylcing programs; and WHEREAS, it is the intent of the City to amend this agreement to reflect a new billing practice to be put in place in conjuction with the Mandatory Garbage Ordinance. WHEREAS, The new billing process involves the collection of Recycling Fees by the City on the property tax bill and making payments to Livermore Dublin Disposal for those services. WHEREAS, a notice announcing a public hearing on the proposed amendments has been published on May 14, 1993 and May 21, 1993 as required by the Government Code; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin after consideration at a public hearing does hereby approve the amendment to the Agreement for Recycling Services between the City of Dublin and Oakland Scavenger Company BE IT FURTHER RESOLVED, that the City Council of the City of Dublin does hereby authorized the Mayor to execute this agreement as stipulated. PASSED, APPROVED AND ADOPTED this 24th day of May, 1993 AYES: Councilmembers Burton, Howard Houston, Moffatt & Mayor Snyder NOES: None ABSENT: None ABSTAIN: None ATTEST: Second Amendment Date May 24, 1993 to Agreement Dated April 24, 1990 Between the City of Dublin and Oakland Scavenger Company Regarding Dublin Recycle America Program This amendment is by and between City of Dublin, hereinafter "CITY" and Oakland Scavenger Company, hereinafter "OSC" and Livermore Dublin Disposal, hereinafter "LDD." Recitals A. On April 23, 1990, the Dublin City Council approved a comprehensive curbside recyclh~g program for the CITY, and B. It is the intent of the CITY to amend the agreement to reflect a new b;Jling practice to be put in place in conjunction with the Mandatory Garbage Program. C. The new billing process involves the collection of Recycling Fees by CITY on the property tax bill and making payments to LDD. D. Pursuant to the Agreement the monthly cost for Recycling services is currently $t .34 per household per month. Now, Therefore, CITY, OSC, and LDD do hereby agree that the Agreement regarding recycling in the City of Dublh~ shall be amended as follows: Section VI. Compensation for Services shall be deleted and restated as follows: A. LDD is authorized to receive fees for the single family residential curbside recycling program, as one component of the fee approved by the City Council Resolution for Minimum Residential Garbage Service. Said fees are levied by action of the City Council and shall be collected on the City's behalf as part of the Property Tax bill by the Alameda County Tax Collector. B. CITY shall disburse to LDD in two semi aru~ual payments, fees owed in accordance with the following schedule. 1. On or about December 1st, LDD shall submit an invoice covering the six months period from July 1st through December 31st. 2. On or about April 1st, LDD shall subn~t an invoice covering the six month period from January 1st through June 30th. 3. Invoices noted in numbers 1 and 2 above shall identify the total number of units eligible for residential curbside services. Said calculation shall be su-biect to verification by the City. Each Semi Annual invoice shall be computed based upon:[ the number of eligible units] x [current monthly rate for recycling services shown in the City Council resolution] x [six months] The following example is provided for descriptive purposes only: Example: Semi Annual Invoice (Recycling Services) # of eligible households = 5300 Current Monthly Rate per household = $1.39 Months Covered = 6 (July I - December 31) 5300 x 1.39 = $7367 x 6 months = $44,202 Total amount to be remitted by the City for Six months = $44,202 5. Provided City has received Invoices and verified calculations as stated in numbers I and 2 above, payment shall be made in 45 days. LDD may make annual adjustments to the fees charged for the Curbside 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. LDD shall make a reasonable effort to coordinate any recycling rate adjustments considered by the CITY for residential garbage service. CITY shall be provided with a prelh'ninary notice of adjustment including the calculation used, at least 60 days prior to its effective date. CITY shah incorporate adjusted fee as one component of the approved fee for minimum Residential Garbage Service. LDD shall provide written notification of any adjustment to all custon~ers. IN WITNESS WHEREOF, this Agreement is executed by CITY and by LDD Oakland Scavenger Company, a California Corporation D. David MacDonald Executive Vice President Oakland Scavenger Company Livermore Dublin Disposal, a division of Oakland Scavenger Company Dan Borges General Manager, Livermore Dublin Disposal City of Dublin, a " ' Peter W. snyder Mayor ATTEST