HomeMy WebLinkAboutReso 067-93 OSC 4thAmendAgmtRESOLUTION NO. 67 - 93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A FOURTH AMENDMENT BETWEEN THE CITY OF DUBLIN AND OAKLAND
SCAVENGER COMPANY REGARDING DISPOSAL AND COLLECTION SERVICES PROVIDED
BY LIVERMORE DUBLIN DISPOSAL
WHEREAS, on April 23, 1990, the City of Dublin and Oakland Scavenger Company signed
agreement which provides for a residential curbside recycling 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 conjunction 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: ,4'
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Fourth Amendment Dated May 24, 1993 to
Agreement Dated March 10, 1986
Between the 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
WHEREAS, the CITY and COMPANY have entered into a franchise agTeement, hereinafter
"AGREEMENT" for waste collection and disposal; and
WHEREAS, the AGREEMENT is dated 10th day of March, 1986; and
WHEREAS, CITY and COMPANY have previously executed three amendment to said
agreement; and
WHEREAS, said amendments are dated March 13, 1989, January 13, 1992, and january 11, 1993.
WHEREAS, CITY is undertaking changes to the Solid Waste Management Ordinance, which
will implement a program by which minimum residential services are collected for the City the
Alameda County Tax Cotiector through the property tax bill; and
WHEREAS, in order to define how assessments collected by the CITY for the mh~imum
residential service will be transmitted to the COMPANY, an amendment is necessary.
NOW, THEREFORE, CITY AND COMPANY do hereby agree that the AGREEMENT between
the City of Dublin and Oakland Scavenger Company regarding Waste Collection Services and Disposal
shall be amended as follows:
I. Section 3.7 of the AGREEMENT shall be amended as follows:
Section 3.7 - Franchise Fee Exclusions for Bad Debts
The full gross revenues for Collection Services shall be subject to the franchise payment except as
specifically exempted in Section 3.6 and as follows: Bad Debt Writ Off, less Bad Debt Recoveries.
II. Section 3.8 Collection of Delinquent Account by CITY shah be deleted fro the Agreement and a
new Section 3.8, "Collection of service charges and payment by CITY for minin-tum Residential
Services." will be added as follows.
3.8 Collection of Service Charges and Payment by CITY for Minimun~ Residential Services
COMPANY shall receive directly from CITY, fees associated with the provision of Minimum
Residential garbage service. Minimum Service shah include: Weekly collection and disposal of
one 32 gallon container pursuant to the terms of this Agreement; and special clean-ups as
designated in the Resolution identified in Section 7.8 of the Agreement.
B. CITY shall submit fees owed to COMPANY in the following manner:
1. On or about December 1st, LDD shall subxrdt an invoice covering the six month period fron~ ]uly
1st through Decexnber 31st.
2. On or about April 1st, LDD shall submit an invoice covering the six month period from ]anuary
1st through June 30th.
3. Invoices noted, in numbers I and 2 of this section shall identify the total number of units eligible
for single family service. Said calculations shall be subject to verification by the CITY.
Each Semi-Annual invoice shall be computed based upon: [the number of etigible units] x [the
current monthly rate shown in the City Council resolution establishing solid waste rates, less (-)
any component associated with curbside recycling]. The following example is provided for
descriptive purposes only.
Example: Semi Annual Invoice
# of eligible households = 5300
Current Monthly Rate per household = $8.00 (less recycling component of $1.34) = $6.66
Months Covered = 6 (July I - December 31)
5300 x 6.66 = $35,298 x 6 months = $211,788
Total amount to remitted by the City for Six Months of Services = $211,788
5. Provided CITY has received Invoices and verified calculations stated in numbers 1 and 2 above,
payment shall be made in 45 days.
For purposes of calculating the Fees identified in Section 3.6, submittal of Invoices to CITY
pursuant to this Section shall be considered Service Rate billings.
COMPANY shall not have any Bad-Debt exclusions for the provision of minimum residential
Services.
IN WITNESS WHEREOF, this Agreement is executed by CITY and by OSC and shall be effective as of
July 1, 1993.
Oakland Scavenger Company, a
California Corporation
D. David MacDonald
Executive Vice President
Oakland Scavenger Company
City of Dublin, a
Mayor
ATTEST
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