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HomeMy WebLinkAboutItem 4.04 IntegratedSolidWstMgtAgmt (2) ~ ,- .. CI~LERK File. # . lQ~~ . AGENDA STATEMENT CITY COUNCIL MEETING DATE: FEBRUARY is, 1996 SUBJECT: ~l oJ Integrated Solid Waste Management Agreement Report Prepared by: Steve Honse, Administrative Assistant EXHmITS A IT ACHED: 1. Resolution Approving the Agreement with Waste Management of Alameda County for subsidy of recycling program operations. RECOMMENDATION~ FINANCIAL STATEMENT: Adopt the Resolution' and authorize the Mayor to execute the agreement The expenditures covered by this agreement were negotiated as part of the original Agreement and they will not affect current rates. Adequate funds are included in the adopted 1995/96 Budget. DESCRIPTION: As disclosed in the Iune30, 1995 Staff Report the initial rate schedule was predicated upon the City transferring certain monies to Waste Management of Alameda County. If the City had not provided for these contributions it would have been necessary to adopt higher rates. Staff has prepared the necessary agreement to provide for the transfer of these monies to the Company. '.:. Backl!round On Iune 30, 1995, the City of Dublin and Waste Management of Alameda County (WMAC) entered into an Integrated Solid Waste Management Agreement. Under the tenns of the agreement, WMAC provides solid waste collection, disposal and recycling services for the City per the rate schedule"adopted under the agreement. The City's consultant who assisted with the negotiations identified that the adopted rate schedule combined with City contributions should meet the necessary revenue required for the Company operations. The transfer of funds was to be included as a future agreement, since some of the final capital cost figures were unknown at the time the City Council adopted the Agreement The use of City grants to moderate rate increases is explicidy provided for in Article 6.11 of the Agreement ' Source of G...~ Funds The source of funding for grants is a combination of Measure D Recycling funds (which must be used for recycling related activities) and Balancing Account Monies cw:rendy held by the City in the Garbage Service Fund (#225). The Balancing Account Monies were transfenedby WMAC to the City in Fiscal Year 1994-95. These monies had accrued over the years due to the fact that the City of Dublin rates generated revenues in excess of the allowed company costs. The funds were to be provided for both Recycling Operating Costs as well as One. Tune Capital Grants associated with the new automated service. Pursuant to the assumptions used for the development of the current rate schedule. the City will need to transfer the following funds for the identified uses; .,----------------------------------.---------------------------------- COPIES TO: Kevin Walbridge, President WMAC Dan Borges,'LDD General Manager LJ LI ITEMNO.~ Wee.fGl"lllSl....tmLdoe FISCAL YEAR 1995~96 ONE TIME CAPITAL CONTRIBUTION Balancing Account Funds #225 $173,129 $195,000 $ 90,744 . TOTAL $ 173 129 i.' ',.' $ 285,7441 , }: ; $37,500 $37,SOO .Recvdiol!. QeeratlnftGrant DescriotUln The proposed agreement addresses the provision of recycling operating grant for the 18 month period from January 1, 1996 through June 30, 1997, with City Measure D contributions totaling $112,500 for the period. A total of $37,500 would be paid in Fiscal Year 1995/96 and $75,000 in Fiscal Year 1996fJ7. Thiscoverithe'first 18~month period under the new agreement. The Company may request a rate adjustment effec;tive Iuly 1, 1991 and; dlis operating SUbsidy covers the cOSts until that time. At thaltime the City, Counciltnay consider,whether 'the amount .of the Recycling Operating Subsidy should be changed to cover any portion of the rate increase, attributable to Recycling. WMAC has agreed to bill the City and accept payment of the subsidy on.. quarterly basis. CaDital Grant Despilldoa WMAC has already purchased the above~referenced co..collection vehicle and containers necessary for both Green Waste an4Automatt;d Garbage CollecQon.' As required, WMAC has provided. the City with documentation of the actual co~.The.migina1.contribution asswnedin the Agreement was $195.000 in Measure D funds.and $291,000 frotrlthe B~lU1Cing Account monies. The City will provide grants for the following one:-tlme expcnses:oneresldeatial one-pass collection vehicle; all green waste cans (green containers); and a City contribution.ofS27,l26 towards the purchase of garbage carts (maroon containers). .;.... ProDosed ~lIle1!dOJellt Attached to the Staff report is the proposed Agreement, which will provide for the transfer of the funds to Waste'Managernentof Alameda County. It ' shouJd'be noted, the award ofa grant or subsidy to WMAC doesnotre$u1t in a windfall to1he;~y. The provision of these funds were considered wheo\the rates were establisbetLTbc effec;t of inCluding these grants was to allow. the City to adopt rates which were lower than what would have otherwise been tequired. Recom~~~ Staff recommends 1batthe City Counclladoptthe Resoluuon;which will authorize the Mayor to execute the Agreement (Exhibit uA''). .... , .. ~ . ..:- . . ,., ..... RESOLUTION NO. - 96 e.: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ADOPTING AGREEMENT WITH WASTE MANAGEMENT OF ALAMEDA COUNTY REGARDING SUBSIDY FOR RECYCLING PROGRAM OPERATIONS WHEREAS, through Resolution 59-95, adopted Iune 13, 1995, the City of Dublin adopted a Solid Waste Disposal Franchise Agreement with Waste Management of Alameda County ("AGREEMENT') which allowed the City to moderate the cost of service with City contribution of grants and subsidies: and WHEREAS, through Resolution 60-95, adopted Iune 13, 1995, the City of Dublin adopted a rate schedule which anticipated that the City would provide an operating subsidy for the residential recycling program and provide grants to offset certain capital expenses; and WHEREAS, the City receives Measure D funds which must be used for Recycling and Source Reduction activities and programs; and WHEREAS, Measure D funds will be used to provide an operating subsidy for the residential recycling program and to provide a one-time grant for the purchase of green waste containers, both of which are appropriate uses of Measure D funds; and WHEREAS, the City currently holds funds in the Garbage Service Fund which must be used for ..,! solid waste management activities; and . WHEREAS, funding was identified in the adopted 1995196 City Budget to provide for these contributions; and WHEREAS, the City Manager has recommended that the Council approve the Agreement in the fonn attached as Exhibit "A"; NOW, TIlEREFORE, BE IT RESOLVED that the Mayor of the City of Dublin is authorized to execute the agreement attached hereto as Exhibit "A" and by reference made a part hereof. PASSED, APPROVED AND ADOPTED this 13 day of February, 1996. AYES: NOES: ABSENT: ABSTAIN: .. ATTEST: Mayor City Clerk :r .:'.. " ' AGREEMENT BETWEEN WASTE MANAGEMENT OF ALAMEDA COUNTY (COMPANY) AND THE CITY OF DUBLIN (CITY) FOR CITY SUBSIDY OF RECYCLING PROGRAM OPERATIONS AND CAPITAL COSTS This agreement, dated for convenience as 13 February 1996, is entered into by the City of Dublin, hereafter "CITY" and Waste Management of Alameda County, hereafter "COMPANY" in accordance with Section 6.11 of the Agreement between the City of Dublin and Waste Management of Alameda County for Integrated Solid Waste Management Services, dated 30 Iune 1995 (hereafter the "AGREEMENT"). CITY and COMPANY hereby agree to the following: Recitals WHEREAS, the City Council of CITY has declared its intention of maintaining reasonable rates for the collection, transportation, recycling, processing, and disposal of solid waste; and WHEREAS, the rate structure incorporated within the AGREEMENT was approved with the understanding that CITY would provide an operating subsidy for the recycling program; and WHEREAS, the rate structure in the AGREEMENT was approved with the understanding that the ..~:': CITY would subsidize capital expenditures for the purchase of a co-collection vehicle and containers; . ,.. NOW, THEREFORE, in consideration of the premise above stated and the terms, conditions, covenants and agreements contained herein, CITY and COMPANY do hereby agree as follows: 1. Grant from CITY to COMPANY to Subsidize Recycling Program Operating Costs A) Pursuant to Article 6.11 of the AGREEMENT, CITY agrees to provide a grant to COMPANY from Measure D recycling funds to subsidize recycling operations as follows: Period Ianuary 1996-Iune 1996 Iuly 1996-Iuly 1997 , Amount $37,500 $75,000 B) CITY agrees to pay the above subsidy on a quarterly basis at the beginning of each quarter following the receipt of a request for payment from COMPANY. COMPANY understands that the source of funds is Alameda County Measure D Recycling Funds. .' EXHIBIT A . .';" " .', .' ..... ... II. Grant from CITY to COMPANY to Purchase Co-collection Vehicle and Semi-Automated Collection Cart<;. A) CITY shall provide, pursuant to Section 6.11 of the AGREEMENT, a one-time capital funding grant as outlined in the table below and subject to subparagraphs B through F below: ONE TIME CAPITAL CONTRmUTION Capital Grant: One-Pass Co-Collection Vehicle Green Waste Cart<; (5,900 carts) e resents 100% of Green Waste Carts Garbage Carts (822 - 35 gallon carts) e resents 24% of 35 allan containers) GRAND TOTAL CAPITAL $ 173,129 $ 285,744 $ 27,126 $ 485 999 B) CITY shall pay the sum of $173,129 to COMPANY as a grant to reimburse COMPANY for the total cost of one (1) one-pass co-collection vehicle upon submittal satisfactory documentation of purchase. The total cost includes truck chassis, truck body, sales tax, and DMV fees. The vehicle shall remain with COMPANY as described in the AGREEMENT. C) CITY shall pay the sum of $285,744 to COMPANY to reimburse COMPANY for the total cost for 5,900 green waste containers upon submittal of satisfactory documentation of purchase. The total cost includes purchase price, sales tax, and delivery expense. D) CITY shall pay the sum of $27,126 to COMPANY to reimburse COMPANY for the cost of 822 garbage containers upon submittal of satisfacto~ documentation of purchase. E) COMPANY shall submit an invoice and the necessary documentation to CITY. CITY shall tender the above sums (B, C & D) to COMPANY within 30 days of receipt of the invoice and necessary docwnentation. F) CITY shall have the right to request and conduct an inspection of original records for the items described above for a period of up to three years following the date of this agreement COMPANY shall respond to any reasonable request by CITY to verify the expenditure of funds in accordance with this agreement. ' EXHIBIT A -.. ,;'" IN WITNESS WHEREOF, This agreement is executed by the parties to the original AGREEMENT. A TrEST: Kay Keck, City Clerk APPROVED AS TO FORM Elizabeth H. Silver City Attorney CITY OF DUBLIN ("CITY") By: Guy S. Houston, Mayor WASTE MANAGEMENT OF ALAMEDA COUNTY ("COMPANY") By: Name: Kevin Walbridge Title: President, Waste Management Alameda County BY: Name: Dan Borges Title: Division President and General Manager Livermore-Dublin Disposal EXHIBIT A e." .:i< e: