HomeMy WebLinkAboutReso 68-20 Approving A Sixth Amendment To The Collection Service Agreement Between The City Of Dublin And Amador Valley Industries, LlcReso No. 68-20, Item 4.9, Adopted 06/16/20 Page 1
RESOLUTION NO. 68 - 20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING A SIXTH AMENDMENT TO THE COLLECTION SERVICE AGREEMENT
BETWEEN THE CITY OF DUBLIN AND AMADOR VALLEY INDUSTRIES, LLC
WHEREAS, under Chapter 5.32.130 of the Dublin’s Municipal Code, the City of Dublin
(“City”) has the authority to issue an exclusive franchise to a contractor to provide for the Collection
of Solid Waste and Organic Materials; and
WHEREAS, on January 12, 2005, the City executed a Collection Service Agreement with
Amador Valley Industries, LLC (“Contractor”), satisfactory to both parties, setting forth the
respective rights and obligations of the parties with respect to the Collection of Solid Waste and
Materials and granting Contractor an exclusive right to provide Collection Services within the
Service Area; and
WHEREAS, on June 20, 2006, the parties executed a First Amendment to the Collection
Service Agreement in order to modify certain provisions in Exhibit 2 of the Collection Service
Agreement relating to the Compensation Adjustment Model; and
WHEREAS, on June 17, 2008, the parties executed a Second Amendment to the
Collection Service Agreement in order to provide for: compensation to Contractor for the collection
of Recyclable Materials produced by Commercial Service Units; to modify Contractor’s obligation
to provide Large Item Collection Service to City Service Units; to require Contractor to perform a
minimum of two waste audits per day; to require Contractor to increase its Commercial and MFD
outreach and education programs and to perform at least twelve campaigns each Agreement
Year and to require Contractor to submit an annual diversion plan for approval by the City each
Agreement Year; and
WHEREAS, on June 23, 2009, the parties executed a Third Amendment to the Collection
Service Agreement in order to modify certain indices used to calculate the RRI Factor, relating to
the Compensation Adjustment Model; and
WHEREAS, on June 1, 2010, the parties executed a Fourth Amendment to the Collection
Service Agreement in order to modify certain indices used to calculate the RRI Factor as listed in
Exhibit 2, pages 78 and 79; to increase the RRI factor cap from 5% to 10%; to modify the AG,
AGT, and RRI Factors to clarify that negative values are not to be included in the compensation
adjustment model; to clarify that all City facilities receive free City collection services; to modify
the definition of Calculated Revenue to include commercial recycling bins; and to extend the term
of the Collection Service Agreement; and
WHEREAS, on July 1, 2012, the parties executed a Fifth Amendment to the Collection
Service Agreement in order to modify to reflect the Contractor’s offer of making a continuing
community benefit payment to an organization selected by the City as a means of contributing to
the community it serves; to incorporate Construction and Demolition Debris Collection Services;
to reduce the cost of Collection Services for the Dublin Unified School District; and bundle 50%
of the cost of Commercial Organics Collection Services and 100% of the cost of Dublin Unified
School District Organics Collection Services within the solid waste rate structure; and
Reso No. 68-20, Item 4.9, Adopted 06/16/20 Page 1
WHEREAS, the Sixth Amendment to the Collection Service Agreement has been
developed by and is satisfactory to the City and the Contractor; and
WHEREAS, the Sixth Amendment to the Collection Service Agreement intends to extend
the term of the Collection Service Agreement; to provide for expanded services; to revise the
process for which the contractor’s compensation is calculated; and to otherwise revise the
Collection Service Agreement as shown in the Sixth Amendment to the Collection Service
Agreement.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Sixth Amendment to the Collection Service Agreement, which shall be in
substantially the form attached hereto as Exhibit A, and authorizes the City Manager to execute
the same.
BE IT FURTHER RESOLVED by the City Council of the City of Dublin that it hereby
authorizes the City Manager to approve and execute minor changes to the Sixth Amendment to
the Collection Service Agreement and any other documents, including without limitation, an
Amended and Restated version of the Collection Service Agreement consolidating all
amendments through this Sixth Amendment, and any other minor changes, as necessary to
effectuate the intent of this resolution.
PASSED, APPROVED, AND ADOPTED this 16th day of June 2020, by the following
vote:
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
______________________________
City Clerk
+VOF
Single Project Amendment
must be acquired before
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Current
9.4.18
Back to Analyst
FinanceFinance
AnalystAnalyst
If using vendor Agreement Template
City Attorney sign.:________
City Attorney Review
Jay Baksa, Asst. Admin Svcs Director
Sixth Amendment to the Collection Service Ag AVI Contract
City of Dublin & Amador Valley Industries, LLC
06/16/20 6.1
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✔BL-008249 09/20
✔000138
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✔Franchise Agreement with Amador Valley Industries
Will require a PO for pass-through revenue collected through Property Tax on behalf of ven
06/16/20
6/16/20
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