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Home My WebLink AboutReso 41-15 Waste Management Agreement RESOLUTION NO. 41 - 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND WASTE MANAGEENT OF ALAMEDA COUNTY, INC. FOR SOLID WASTE DISPOSAL SERVICES WHEREAS, Waste Management of Alameda County, Inc. and the City of Dublin entered into an agreement for solid waste disposal services commencing July 1, 2005; and WHEREAS, the current agreement will expire on June 30, 2015; and WHEREAS, the City of Dublin wishes to continue contracting for Solid Waste Disposal Services with Waste Management of Alameda County, Inc. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement by and between the City of Dublin and Waste Management of Alameda County for Solid Waste Disposal Services as described in Exhibit A attached hereto and by reference made a part hereof. BE IT FURTHER RESOLVED that the City Manager be authorized to execute the agreement on behalf of the City of Dublin. PASSED, APPROVED AND ADOPTED this 7th day of April, 2015, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert NOES: None ABSENT: None ABSTAIN: None WPI4 akt4 Mar ATTEST: n ato 42 Z1 City Clerk Reso No.41-15,Adopted 4-7-15, Item 4.5 Page 1 of 1 FIRST AMENDMENT TO THE DISPOSAL SERVICE AGREEMENT BETWEEN THE CITY OF DUBLIN AND WASTE MANAGEMENT OF ALAMEDA COUNTY, INC. This First Amendment to the Disposal Service Agreement, dated as of July 1, 2015 (the "Amendment") modifies and amends that certain "Disposal Service Agreement" between the City of Dublin ("CITY") and Waste Management of Alameda County, Inc. ("CONTRACTOR") dated January 12, 2005 (the "Agreement"). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Agreement. Recitals WHEREAS, the Agreement sets forth the respective rights and obligations of the parties with respect to the Disposal of Solid Waste at the CONTRACTOR's Disposal Facility for solid waste collected within the CITY; and WHEREAS, the parties desire to amend the Agreement to extend the term (the "Extended Term") of the Agreement and establish the Disposal Element for the disposal of Solid Waste at the CONTRACTOR's Disposal Facility throughout the Extended Term; and WHEREAS, the CONTRACTOR had previously guaranteed the CITY permitted capacity at its Disposal Facility through the Initial Term, and upon execution of this Amendment, will guarantee permitted capacity at the Disposal Facility for the Extended Term for Disposal of Solid Waste generated in the CITY; and NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, CITY and CONTRACTOR hereby agree to amend the Agreement as follows: Section 1 . Article 2 is hereby amended to read as follows: 2.01 Term. The term of this Agreement shall be for a twenty (20) year period beginning July 1, 2005 and terminating on June 30, 2025. 2.02 Other Provisions. The CITY may, at the end of the term of this Agreement, either renegotiate the terms and conditions of the Agreement with CONTRACTOR or request proposals from qualified contractors to provide Disposal Services. If the term of this Agreement is extended, the compensation provisions of Article 5 shall be subject to negotiation. 2.03 Nothing in this Agreement shall be construed to provide a unilateral right in either CONTRACTOR or CITY for an extension of the term. Section 2. Section 4.02.2 is hereby amended to read as follows: 1 4.02.2 Additional Disposal Facility Permits. To assist the CITY in complying with the California Integrated Waste Management Act of 1989, CONTRACTOR shall endeavor to secure additional permits necessary to make available at all times twenty (20) years of Disposal capacity at the Disposal Facility for Solid Waste generated in CITY in accordance with Section 4.11 of this Agreement and sound Disposal Facility engineering and operating practices. Should CONTRACTOR reasonably conclude that it is no longer feasible to make available twenty (20) years of Disposal capacity and maintain Disposal rates pursuant to Exhibit 1, CONTRACTOR shall notify the CITY of its determination and provide all studies information and data which support CONTRACTOR's conclusion to the CITY. CITY shall review such support and CONTRACTOR shall promptly meet with the CITY to review the same and, thereupon, CONTRACTOR shall be relieved of its obligation in this regard. Nothing in this Agreement requires the CITY to issue a permit for, or take any other land use action related to, CONTRACTOR's Facility. The CITY retains its right and duty to act on any permit applications or environmental review documents submitted to it in connection with such expansion as it considers appropriate under Applicable Laws and policies independent of this Agreement. Section 3. Section 4.11 is hereby amended to read as follows: 4.11 Reservation of Disposal Capacity. CONTRACTOR shall guarantee its ability to accept and Dispose of all Solid Waste delivered to the Disposal Facility by the Collection Contractor for twenty (20) years from July 1 2005. CONTRACTOR shall be responsible for reasonably estimating the quantity of capacity that it shall be required to provide to Dispose of all Solid Waste generated in the CITY over the term of the Agreement. The CITY makes no representations and is under no obligation regarding the quantity or composition of the Solid Waste delivered to the Disposal Facility by the Collection Contractor. Section 4. Section 5.03 is hereby amended to read as follows: 5.03 Government Fees. The Disposal rate includes the following government fee elements: Agency Total Government Fee/Ton (a) Cal fornia Integrated Waste Management Board (AB1220) Fee $1.40 (b) Local Enforcement Agency(ACSWMD) Fee $0.38 (c) Business License(County) Fee $0.95 2 (d) Alameda County "Measure D" Fee $8.23 (e) Alameda County Waste Management Authority Facilities Fee $4.34 Alameda County Waste Management Authority Household (f) Hazardous Waste Fee $2.15 (g) County Planning Department Fee $0.10 (h) County Open Space Fee $1.79 (i) County Transportation Fee $0.01 (j) Other Fee $0.03 Total Government Fee Elements* $19.38 *Current fees as of January 1,2015,fees are subject to change as determined by the regulatory agencies. Section 5. Section 21.01 is hereby amended to read as follows: 21.01 Except as provided herein, whenever either party desires to give notice to the other, it must be given by written notice addressed to the party for whom it is intended at the place last specified and to the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: As to the CITY: Roger Bradley Assistant to the City Manager 100 Civic Plaza Dublin, CA 94568 Telephone: (925) 833-6650 Fax: (925) 833-6651 Email: roger.bradley @dublin.ca.gov As to the CONTRACTOR: Barry Skolnick President Waste Management of Alameda County, Inc. 172 98th Avenue Oakland, CA 94603 Telephone: (510) 613-22112 Email: bskolnic @wm.com and a copy to: 3 i District Manager Waste Management of Alameda County, Inc. 10840 Altamont Pass Road Livermore, CA 94550 Section 5, Exhibit 1 on Page 39 of the Agreement is hereby amended to read as follows: Exhibit 1 City of Dublin, CA DISPOSAL RATE PER TON Beginning Date of Disposal Element Disposal Total per Ton Government Fee Disposal Rate Agreement Year ($/ton) Element p July 1, 2005 $12.76 $14.90 $27.66 July 1, 2006 $12.76 $15.02 $27.78 July 1, 2007 $13.02 $15.22 $28.24 July 1, 2008 $13.28 $15.52 $28.81 July 1, 2009 $13.54 $16.35 $29.89 July 1, 2010 $13.95 $18.94 $32.89 July 1, 2011 $14.37 $19.14 $33.51 July 1, 2012 $14.80 $19.22 $34.02 July 1, 2013 $15.24 $19.26 $34.50 July 1, 2014 $15.70 $19.26 $35.03 July 1, 2015 $16.80 $19.38* $36.18 July 1, 2016 $17.92 $19.38** $37.30 July 1, 2017 $19.07 $19.38** $38.45 July 1, 2018 $20.24 $19.38** $39.62 July 1, 2019 $21.39 $19.38** $40.77 July 1, 2020 $22.51 $19.38** $41.89 July 1, 2021 _ $23.64 $19.38** $43.02 July 1, 2022 $24.68 $19.38** $44.06 July 1, 2023 $25.54 $19.38** $44.92 July 1, 2024 $26.31 $19.38** $45.69 *Current fees as of January 1,2015,fees are subject to change as determined by the regulatory agencies. **Fees are adjusted periodically and this value will be changed to reflect current fees at the time of the contract price adjustment. 4 Section 6. In the event of a conflict between the Agreement and this Amendment, this Amendment will control. Except to the extent inconsistent with this Amendment, the Parties ratify and confirm all of the terms and conditions of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: By: Christopher L. Foss City Manager Attest: By: Caroline Soto City Clerk APPROVED AS TO FORM: By: John D. Bakker City Attorney WASTE MANAGEMENT OF ALAMEDA COUNTY, INC. 1 Dated: cT- By. Its: ;, -irei 5