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10C Action 2011 1107
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10C Action 2011 1107
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Last modified
11/14/2011 4:45:38 PM
Creation date
11/1/2011 5:05:33 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/7/2011
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_CC Agenda 2011 1107
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Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 1107
Reso 2011-188
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Path:
\City Clerk\City Council\Resolutions\2011
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File Number: 11 -332 <br />On July 13, 2011, the City provided the District with a list of all desired service level changes <br />or enhancements for the L -3 area to include in subsequent contract extensions between the <br />District and WMAC (see Attachment 2). <br />In the original agreement presented to the Council on October 17, 2011, the District offered <br />the following enhancements into their contract with WMAC: <br />• Free recycling and organics collection to commercial customers. <br />• Free curbside collection of batteries and cell phones. <br />• Provision of quarterly data reports to City. <br />• Free recycling services to public schools within the L -3 area. <br />• Recycling of materials collected from curbside bulky goods program. <br />• Distribution of outreach to customers about new and existing services. <br />The following requested enhancements were not offered in the original agreement: <br />• WMAC will not provide weekly recycling services to single - family residents. They will <br />continue to provide the service on a bi- weekly basis. <br />• WMAC will not provide unlimited yard trimmings /food waste for single - family <br />residents, but limit the service to up to (2) 96- gallon carts. <br />• WMAC will not offer all services to public schools for free but will offer free recycling <br />services to public schools in the L -3 area if they subscribe to, and pay for refuse <br />collection services. Organics collection services will not be offered. <br />• WMAC will not change cart colors to grey for garbage and blue for recycling but <br />maintain existing cart colors. <br />On October 17, 2011, the Council moved to "table" the item to the November 7 meeting to <br />allow staff time to renegotiate the agreement with the District to include free garbage <br />collection services for public schools in the L -3 area. The District has agreed to offer free <br />garbage and recycling services to schools provided that the schools implement recycling in <br />every classroom, meeting room, and office at all of the school districts' facilities. The District <br />will not offer organics collection at schools. <br />As part of the consideration for providing free services in the L -3 area, the City must <br />indemnify the District for any claims that arise related to providing the free services. Thus, if <br />the City accepts the tender of defense to such a claim, then the City is expressing its desire <br />that the District continue to provide the free services, unless or until the City stops its <br />defense, or loses on the claim such that there is a determination that the District cannot <br />continue to provide the free services. Alternatively, if the City refuses the District's tender of <br />such a claim, then the District will simultaneously stop providing the free services, and will <br />accept and defend the claim itself. In such case, the City will have no responsibility or duty <br />to assist the District in its defense. <br />The District has agreed to work with the City toward achieving the 75% diversion goal by <br />providing additional education and outreach to customers and by working with the City to <br />implement programs approved by the Alameda County Waste Management Authority as <br />part of the Strategic Plan. If approved by the Oro Loma Sanitary District Board, the new <br />contract with WMAC will be in effect through August 31, 2024. <br />Previous Actions <br />City of San Leandro Page 2 Printed on 11/1/2011 <br />
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