HomeMy WebLinkAboutReso 144-92 1stAmendRecyclAgmt RESOLUTION NO. 144 - 92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FIRST AMENDMENT TO RECYCLING AGREEMENT
WHEREAS, the City of Dublin has an existing agreement with
Oakland Scavenger Company (0SC) and Livermore Dublin Disposal (LDD) to
provide curbside recycling; and
WHEREAS, 0SC bills the customers directly as part of the basic
residential garbage service; and
WHEREAS, the City has received special funds which can only be
used for recycling activities; and
WHEREAS, the City has elected to utilize a portion of the funds
for a one-time recycling credit; and
WHEREAS, the City, LDD and OSC have developed an agreement which
would provide for the one-time credit and is attached hereto as
Exhibit A and by reference made a part hereof.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve the agreement contained in Exhibit A and the Mayor is hereby
authorized to execute said agreement on behalf of the City of Dublin.
PASSED, APPROVED AND ADOPTED this 14th day of December, 1992.
AYES:
Councilmembers Burton, Houston, Howard, Moffatt, &
Mayor Snyder
NOES: None
ABSENT: None
ABSTAIN: None
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FIRST AMENDMENT TO RECYCLING AGREEMENT BETWEEN
CITY OF DUBLIN, OAKLAND SCAVENGER COMPANY AND LIVERMORE-DUBLIN DISPOSAL
DATED APRIL 24, 1990
TO PROVIDE FOR A ONE-TIME ALLOCATION
OF MEASURE D FUNDS
RECITALS
Ae
The City Council has approved an agreement dated April 24, 1990,
which provides a comprehensive Curbside Recycling Program;
The agreement is between the City of Dublin (CITY), Oakland
Scavenger Company (OSC), and Livermore Dublin Disposal (LDD);
Section VI of the Agreement specifies that LDD is entitled to
collect a fee on a per unit basis and that said fee can be
increased by changes in the Consumer Price Index;
The City of Dublin has received certain Measure D: Alameda County
Recycling Initiative Funds as a result of a Stipulation in Superior
Court Case No. 61787 filed in Napa County;
The Stipulation requires that the City utilize the Measure D monies
"...only for waste reduction or recycling or for funding such
programs in conjunction with reduction in rates...";
The CITY desires to offer subscribers who are eligible to receive
Curbside Recycling service as of January 1, 1993, a one-time credit
equivalent to the cost of Recycling Services for a six month
period;
Beginning January 1, 1993 in accordance with the Recycling
Agreement, the monthly cost will be $1.34 per household per month.
NOW, THEREFORE, CITY, OSC, AND LDD AGREE THAT THE AGREEMENT, DATED
4/24/90, IS AMENDED TO ADD THE FOLLOWING PROVISIONS:
In accordance with SECTION VI COMPENSATION FOR SERVICES, CITY shall
incorporate $1o34 per month in the rate schedule effective January
1, 1993 to accommodate curbside recycling services°
°
On the residential garbage service bill covering the period from
January 1993 through March 1993, OSC shall provide for a one-time
credit for each account whose rate includes the Recycle America
Curbside Recycling Program. (Accounts receiving single family
service)
°
The amount of the credit for each account shall be equal to the
cost of recycling services for the six month period from January
1993 - June 1993 ($1.34 x 6 months = $8.04 per account).
Not later than February 15, 1993, OSC/LDD shall provide an invoice
to CITY in sufficient detail to show the total number of accounts
receiving the credit times the amount of the individual credit as
defined in Section 3 above. The purpose of this invoice is to
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allow CITY~ using Measure D monies~ to reimburse OSC/LDD for the
total amount of credits granted to customers pursuant to this
amendment.
CITY agrees to reimburse OSC/LDD in the amount of the invoice
within 45 days of receipt of said invoice described in number 4
above, provided that in no event shall the amount of the credit
granted by LDD or the reimbursement made by the City exceed the sum
of $43,000 (forty-three thousand dollars). Said payment shall be
made with Measure D Funds in accordance with all legal
requirements.
OSC and LDD assume all costs associated with revisions to the
billing to provide the one-time credit. In additions LDD agrees to
provide customers with a written explanation as shown in Exhibit Af
attached hereto.
In witness whereof, this Amendment is executed by the parties to the
Agreement dated April 24, 1990 on this 14th day of December 1992.
Oakland Scavenger Company~
a California Corporation
Livermore Dublin Disposal;
a wholly. owned subsidiary
of Oakland Scavenger Company
D. David MacDonald
Executive Vice President
Dan Borges
President/General Manager
ATTEST:
City of Dublind
a Municipal Corporation
Kay Keck, City Clerk
Peter W. Snyder, Mayor
APPROVED AS TO FORM:
Elizabeth Silver~ City Attorney
a: recyamen. psr#13
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EXHIBIT A TO AGREEMENT
CITY GRANTS SPECIAL RECYCLING CREDIT
All current single family garbage customers in the City of Dublin will
notice a credit of $8.04 on the January 1993 quarterly bill. This
represents the cost of curbside recycling charges for six months, which
are part of your current garbage rate.
In 1991, a majority of voters in Alameda County adopted Measure D:
Alameda County Waste Reduction and Recycling Initiative. Among other
things, the measure placed a special surcharge on garbage disposed of in
the landfill. This cost would require increased garbage rates in order
to pay for the surcharge. A majority of Dublin voters (58%) voted
against the measure. In early 1992, the Dublin City Council initiated a
legal challenge to the measure in order to protect the interests of
Dublin ratepayers. The City had already initiated its curbside
recycling program prior to the election on Measure D.
The money available for the one-time credit is the result of a Superior
Court ruling which halted the collection of the Measure D surcharge.
Funds already collected were returned to the cities and in accordance
with legal documents must be used for Recycling or Source Reduction
Programs.
The Superior Court ruling has been appealed to the Court of Appeal. If
the Court of Appeal holds the surcharge is valid, future rate
adjustments will be required.
a: recycred. psr#l 3