Resolution 12908CITY OF ALAMEDA RESOLUTION NO.12908
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO
THE EXISTING CURBSIDE RECYCLING AGREEMENT WITH WASTE
MANAGEMENT OF ALAMEDA COUNTY IN ORDER TO PROVIDE
INTERIM COVERAGE FOR RESIDENTIAL RECYCLING SERVICES FOR
A PERIOD OF UP TO SIX MONTHS AND SETTING RESIDENTIAL
CURBSIDE RECYCLING RATES FOR THIS INTERIM PERIOD-AT
$2.24 PER UNIT.
WHEREAS, on February 6, 1991, an agreement was entered into
by and between City of Alameda and Oakland Scavenger Company,
which has since changed its name to Waste Management of Alameda
County, with an expiration date of August 6, 1996; and
WHEREAS, on February 26, 1996, Paragraph 1 TERM of Agreement
was modified to allow the Agreement to be extended for two,three-
>-
mponth terms for a total extension of six months; and
0
CC
07_ o WHEREAS, on October 15, 1996, Paragraph 1 TERM of the
C3 greement was further modified allowing said Agreement to be
--4 4:extended for two three-month terms. The final term expires on
›...August 6, 1997; and
o
WHEREAS, the City desires to further extend the Agreement by
,up to six months, in two, three-month increments with a final
expiration of January 31, 1998, to allow for the delays
encountered with implementing the new curbside recycling program.
NOW, THEREFORE, BE IF RESOLVED by the Councii of the City of
Alameda that the City Manager is authorized to execute the
Amendment to the existing curbside recycling agreement with Waste
Management of Alameda County, attached hereto as Exhibit A, in
order to provide interim coverage for residential recycling
services for a period of up to six months and setting residential
curbside recycling rate for this Interim Period at $2.24 per
Unit.
AMENDMENT TO AGREEMENT
This Amendment of the Agreement, entered into this day of
1997, by and between the CITY OF ALAMEDA, a municipal corporation (hereinafter "City")
and WASTE MANAGEMENT OF ALAMEDA COUNTY, INC. a California corporation
whose address is 172 98th Avenue, Oakland, California, (hereinafter "WMAC"), is made
with reference to the following:
RECITALS:
A. On February 6, 1991, an agreement was entered into by and between City
and OAKLAND SCAVENGER COMPANY, which has since change its name to WMAC,
(hereinafter "Agreement"), with an expiration term date of August 6, 1996.
B. On February 26, 1996, Paragraph 1 TERM of the Agreement was modified
allowing said Agreement to be extended for two, three-month terms for a total extension
of six months.
C. On October 15, 1996, Paragraph 1 TERM of the Agreement was further
modified allowing said Agreement to be extended for two three-month terms. The final
term expires on August 6, 1997.
D. City and WMAC desire to further modify the Agreement on the terms and
conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
(i)
Subparagraph 1 TERM of the Agreement is modified to add the following:
The Term of this Agreement is extended through October 31, 1997. At the City's
sole option, the term of this Agreement may be extended beyond October 31, 1997 for one
three-month term. The City shall provide WMAC with a 90-day notice to extend the term
of services. The rates for services and manner of payment effective August 1, 1997, are
set forth in Exhibit A attached hereto.
(ii) Effective August 1, 1997, Contractor will not be required to administer or participate
in the Public Education Program under the Agreement. Contractor, however, shall remit
to City $3,750.00 on September 15, 1997 for City's use in funding public education
concerning solid waste and recycling services. Should the City opt to extend beyond
Exhibit A
October 31, 1997 as set forth in (i) the Contractor shall remit to City an additional
$3,750.00 on December 15, 1997.
(iii) Effective August 1, 1997, Contractor shall no longer be required to provide roll-off
boxes for recyclable materials as set forth in Section 26 of the Agreement.
(iiii) Effective August 1, 1997, the Contractor shall not be required to make any donation
as set forth in Section 4 of the Agreement.
(iiiii) Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed on the day and year first above written.
WASTE MANAGEMENT OF ALAMEDA
COUNTY,
A California Corporation
CITY OF ALAMEDA,
A Municipal Corporation
By By
APPROVED AS TO FORM:
2
RECOMMENDED FOR APPROVAL:
Public Works Director
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the 1st
day of July , 1997, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Kerr, Lucas
and President Appezzato - 5.
NOES: None.
ABSENT: None,
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 2nd day of July , 1997.
Diane Velsch, City Clerk
City of Alameda