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Agenda Item

3.8 21-0911 Subject: City Of Oakland V. California Waste Solutions From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of City Of Oakland ("City") V. California Waste Solutions ("CWS"), Does 1-20, Alameda County Superior Court Case No. RG17853559, And CWS' Cross Claim Against The City, On Terms That Include, But Are Not Limited To The Following: (1) CWS Will Refund All Overcharges To Multi-Family Dwelling Owners For The Service Of Bringing Recycling Carts To Curbside For Collection, Totaling Approximately $6 Million; (2) The Residential Recycling Collection Services Agreement Between The City And CWS ("Recycling Agreement") Will Be Amended To Reduce The Current Rate Of Approximately $187.57 Per Cart To Approximately $34.22 Per Cart, Subject To Adjustments Provided Under The Contract; (3) The City Will Pay CWS Approximately $1.7 Million Over A Period Of Four Years And Reduce CWS' Costs Under The Agreement By Approximately $1.5 Million Over The Remaining 15-Year Life Of The Recycling Agreement (Department Of Public Works - Breach Of Contract); On The December 7, 2021 Special City Council Agenda On Non-Consent