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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    "$.3FWJFX@@@@@@@@@ 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 ✔ ✔✔✔ ✔BL-008249 09/20 ✔000138 2 ✔6 ✔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 ✔✔