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HomeMy WebLinkAboutReso 020-86 JtSolidWasteAgmtRESOLUTION NO. 20 - 86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE AMENDED AGREEMENT ESTABLISHING JOINT SOLID WASTE COMMITTEE WHEREAS, in 1972, several public agencies who contracted with Oakland Scavenger Company formed the Joint Solid Waste Committee; and WHEREAS, in 1979, the agreement was amended to allow the membership of the Dublin San Ramon Services District; and WHEREAS, the agreement was further amended to change the title of the organization to the Refuse Rate Review Committee; and WHEREAS, effective April 1, 1986 the City of Dublin will assume the role as franchisor from the Dublin San Ramon Services District; and WHEREAS, the City of Dublin will be entering into a franchise agreement with Oakland Scavenger Company, effective April 1, 1986; and WHEREAS, the City of Dublin recognizes the benefit of membership on the Refuse Rate Review Committee; and WHEREAS, the City of Dublin requests a waiver of proportionate costs in conducting prior special refuse rate studies, pursuant to the amended language in Paragraph 5 of the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby resolve as follows: That the "Agreement Establishing Joint Solid Waste Committee", a copy of which is attached hereto, marked "Exhibit A" and made a part hereof by refemence, be and hereby is approved and accepted. That the "Amendment to Agreement Establishing Joint Solid Waste Committee'', a copy of which is attached hereto, marked "Exhibit B" and made a part hereof by reference, by and hereby is approved and accepted. Said amendment was previously adopted by members of the Refuse Rate Review Committee. The City Manager is hereby authorized to execute the related documents and shall designate a Staff member to serve on the Refuse Rate Review Committee. The City Manager shall request a waiver of proportionate costs in conducting prior special refuse rate studies, pursuant to Paragraph 5 of the amended Agreement. 1986. PASSED, APPROVED AND ADOPTED this 24th day of February, AYES: Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor Snyder NOES: None ABSENT: None City Cie% Y AGREEb~- NT ESTABLISHING JOINT SOLID,WASTE COb~[ITTEE TI{IS AGREEb~.NT is made and entered 'into this day of , 1972, by and among the uncles'signed public ..agencies, collectively referred to as the "Agencies ." WITNES SETII: WliEKEAS, all ~he Agencies have granted exclusive franchises for the collection and disposal of residential, commercial and industrial refuse to the same contractor (the Oakland Scavenger Company) and its affiliates, here- inaftcr referred to as "Company;" and WItEREAS, the Agencies wish to implement c&rtain recon~nendations contained in the Refuse l~ate Study Report submitted by Price ~aterhouse & Co. on May 23, 1972~ put-suant to the Agencies~ Agreement for Joint Refuse Rate Study~ including the recommended use of a unitary accounting concept; and WHEREAS, the Agencies desire to cooperate in obtaining and developing material and information for use in evaluating proposed adjustments in refuse collection service and rates within their respective j~m-isdictions; NO~7= THEREFORE~ in consideration of tho covenants and conditions herein contained, the parties hereto ag~-ee as follows: 1. A Joint Solid ~faste Conm~ittee is hereby e:~tablished which shall meet at intervals selected by the Co,~m~'ittee. Each party Shall designate a representative to 'be a member of thc Committed_and shall donatd, a reasonable amoun~ of staff time to thc Committee. Thc Committee shall, using a unita~'y accounting concept, review an~].detcrmine the reaso~ableness of the operating and maintenance expenses of the Company and recommend to the Agencies the opera,ting 'ratio wt~ich will provide: a fair retu~'n on investm~.:,~t to the Compa ny. 2. The Co~m~ittee shall develop mo~[el language for ruco~uncn~ied ~se by each Agency when entering into contracts o~- granting franchises to the Company. The model language shall it~'c'!ude provisions relating to Company reporting practices and p~-ocedures, including accounting system anct audit requirements. 3. Each Agency, before acting upon a request for a race increase made by the Company, shall forward tke rcclt~est to the Conunittee fez- review and r~commendation thereon within a reasonable length of time. 4. blcmbers representing a majority of the Agencies shall constitute a qudrum sufficient to make recommendations. Recommendations of the Committee shall be made on the con- c[Irrence of a major-ity of members present representing at ].east 50% of the total population served by all Agen'cies. 5. Public agencies served by Company which were not parties to the Agreement for Joint Refuse Ra~e Study may become par'ties hereto upon pa~nent of their pro- portionate share of the costs incurred in conducting, the Joint Refuse Rate Study, and agreement as to thg terms and 6o'nditions he,-eof. 6. Any agency may cease to be a party to this .Agreement upon thirty days written notice to thc Conm~ittec. This Agret, mcnt may be tc'l:minatcd by mutual agreement of the parties at any time. IN WITNESS W[~REOF, this Agreemen~ has been executed by and on behalf of the parties hereto on the date first above written. Copies of fihe signature pag~ of this Ag~-ecment may t~e signed by thc parties hereto and, when signed antl attached to the original Agreement shall have the same effect as though thc original Agreement had been signed. AGREE~'~ENT ESTABLISHING JOINT SOLID WASTE CO~hMITTEE Signature Parle CI'I-"f OF ALBANY By. CASTRO VALLEY SANITARY DISTRICT By. CITY OF NEWARK By CITY OF EMERYVILLE By. CITY 017 FREMONT- By CITY OF HAY~ARD By. CITY OF LtVERMO[~E By DUBLIN SAN RAMON SER~CES DISTRIC~ e , a~-d f Director · City Manager CITY. OF OAKLAND CRC LOMA SANITARY DISTRICT By-' CITY OF PIEDMONT By CITY OF UNION CITY By. AMEND~[ENT TO AGREEMENT ESTABLISHING JOINT SOLID WASTE CObSMI°~'EE Reference is made to.that joint powers agreement entitled "A-~reement Establishing Joint Solid Waste Committee Said Agreement is hereby amended: By changing Paragraph 5 of the Agreement to read as follows: "5. Public agencies served by the Company which were not parties to the Agreement for Joint Refuse Rate Study may become parties hereto upon payment of their proportionate share of the costs incurred in conducting any prior special refuse rate study unless said payment is waived by recommendation, as defined in Paragraph 4, of the Committee, and upon agreement as to the terms and conditions hereof." IN WITNESS WHEREOF, this Amendment has been executed by and on behalf of the parties hereto this day of , 1979. Copies of the signature'page of this Amendment may be signed by the parties hereto, and, when signed and attached to the original Amendment, shall have the same effect as though the original Amendment had been signed. ANENDMENT TO AGREEMENT ESTABLISHING JOINT SOLID WASTE COMMITTEE Signature Pa~e CITY OF ALBANY By Date CITY OF OAKLAND By Date City Manager CITY OF EMERYVILLE By CITY OF PIEDMONT ! By Date Date CITY OF FREblONT By CITY OF UNION CITY By Date CITY OF HAYWARD By CASTRO VALLEY SANITARY DISTRICT By Dace Date CITY OF LIVEP@IORE By ORO LObb% SANITARY DISTRICT By Date Date CITY OF NEWARK By I)a C e APPROVED AS TO FOILM AND LEGALITY: Deputy City Attorney