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Home My WebLink About25F - AMEND AGMT WITH WM AND HAZARDOUS WASTEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 19, 2020 TITLE APPROVE AN AMENDMENT TO INCREASE THE AGREEMENT WITH WM CURBSIDE BY $25,000 AND EXTEND TERM; APPROVE AN AMENDMENT TO EXTEND AGREEMENT TERM WITH WELLDYNERX FOR HAZARDOUS WASTE COLLECTION SERVICES (NON -GENERAL FUND) /s/ Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on Is' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Authorize the City Manager to amend the agreement with WM Curbside, LLC, for residential universal waste collection by extending the term of the agreement from June 30, 2021 to June 30, 2022, and increasing the funding allocation by an amount not to exceed $25,000, for a new contract amount of $90,000, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to amend the agreement with WM Curbside, LLC, for battery recycling by extending the term of the agreement from June 30, 2021 to June 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager to amend the agreement with WeIlDyneRx for medical sharps disposal services by extending the term of the agreement from June 30, 2021 to June 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Assembly Bill 939 mandates that municipalities divert 50 percent of waste from landfills and implement recycling programs. The City has demonstrated compliance with this bill by implementing a variety of programs through its solid waste collection contractor. Along with the programs provided through the solid waste collection contactor, the City has agreements with WM Curbside, LLC, for curbside collection of universal waste from Santa Ana residents, and for collection of used batteries from City facilities. The City also has an agreement with WeIlDyneRx to provide residents with free, safe disposal of medical sharps and needles, which require special handling. All three agreements are set to expire June 30, 2021. 25F-1 Amend Agreements with WM Curbside, LLC, and WeIlDyneRx May 19, 2020 Page 2 The City has issued a Request for Proposals for new solid waste services and programs that will commence upon expiration of the current solid waste agreement in June 2022. The scope of work for the new services includes the additional waste collection services mentioned previously. However, the new solid waste agreement will not be effective until July 1, 2022, after the three agreements expire. Staff recommends extending the agreements from June 30, 2021 to June 30, 2022 and increasing the WM Curbside, LLC contract amount (Exhibits 1-3) to ensure continuation of the mandated programs in the interim. These agreements are being extended to be co -terminus with the Solid Waste Services Agreement with Waste Management. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #4 - City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment). ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $25,000 are budgeted and available in the Public Works Refuse Collection Service Account (No. 06917640-62300) to meet contractual obligations in the WM Curbside Universal Waste agreement. NS/MLM/CK Exhibits: 1. Residential Universal Waste Collection Agreement with WM Curbside, LLC 2. Battery Recycling Agreement with WM Curbside, LLC 3. Medical Sharps Disposal Agreement with WeIlDyneRx 25F-2 103:II:I16il THIRD AMENDMENT TO AGREEMENT TO PROVIDE RESIDENTIAL UNIVERSAL WASTE COLLECTION THIS THIRD AMENDMENT to the above -referenced agreement is entered into on May 19, 2020 by and between WM Curbside, LLC ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2008-062, dated April 7, 2008, by which Contractor has provided residential universal waste services for City residents. The original term of the Agreement was defined by the expenditure of available funds. B. In the original Agreement, Contractor was referred to as Curbside, Inc. but is now known as WM Curbside, LLC. C. On May 4, 2016, the parties entered into First Amendment to Agreement No. A-2016-102 to adjust the compensation and extend the term of the Agreement. D. On May 15, 2018, the parties entered into Second Amendment to Agreement No. 2018- 129 to further extend the term of the Agreement. The Agreement remains in effect through June 30, 2021. E. The parties now wish to adjust the compensation and extend the Agreement through June 30, 2022. The Parties therefore agree: 1. Section 2, Compensation, is amended to increase the total sum to be expended under the Agreement by $25,000 through the term as extended herein. 2. Section 3, Term, is amended to extend the term of the Agreement for an additional one (1) year period through June 30, 2022. 3. Except as modified by this Third Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Daisy Gomez Clerk of the Council Page 1 of 2 Kristine Ridge City Manager 25F-3 APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: IIV, Jo I. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency Page 2 of 2 WM CURBSIDE, LLC By: Larry Metter Title: Area Vice President 25F-4 EXHIBIT 2 FOURTH AMENDMENT TO AGREEMENT TO PROVIDE SMALL BATTERY RECYCLING THIS FOURTH AMENDMENT to the above -referenced agreement is entered into on May 19, 2020 by and between WM Curbside, LLC ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. N-2007-086, dated July 1, 2007, by which Contractor has provided battery removal and recycling services for City residents. The original term of the Agreement was from July 1, 2007 until June 30, 2009. B. In the original Agreement, Contractor was referred to as Curbside, Inc. but is now known as WM Curbside, LLC. C. On September 1, 2009, the parties entered into First Amendment to Agreement No. N- 2007-086-001 to extend the term of the Agreement through the expenditure of allocated funds. D. On May 4, 2016, the parties entered into Second Amendment No. A-2016-103 to adjust the compensation and further extend the term of the Agreement. E. On May 15, 2018, the parties entered into Third Amendment No. A- 2018-130 to further extend the term of the Agreement. The Agreement remains in effect through June 30, 2021. F. The parties now wish to extend the Agreement through June 30, 2022. The Parties therefore agree: 1. Section 3, Term, is amended to extend the term of the Agreement for an additional one (1) year period through June 30, 2022. 2. Except as modified by this Fourth Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. [signature page to follow] Page 1 of 2 25F-5 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. ATTEST Daisy Gomez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: John Y. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency Page 2 of 2 CITY OF SANTA ANA Kristine Ridge City Manager WM CURBSIDE, LLC By: Larry Metter Title: Area Vice President 25F-6 iaaai 110 FIFTH AMENDMENT TO AGREEMENT WITH WELLDYNERx FOR PROFESSIONAL SERVICES ("SHARPS PROGRAM") THIS FIFTH AMENDMENT to the above -referenced agreement is entered into on May 19, 2020 by and between WellDyneRx ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2007-278, dated December 3, 2007, by which Consultant has provided services to ensure that used medical needles are collected from City residents and disposed of in a safe and sanitary manner. The original term of the Agreement was from January 1, 2008 until December 31, 2008. B. In the original Agreement, Consultant was known as WellDyne/Rx West but has since been rebranded as WellDyneRx. C. On December 31, 2008, the parties entered into First Amendment to Agreement No. A- 2007-278-01, to extend the term of the Agreement until June 30, 2010. D. On June 30, 2010, the parties entered into Second Amendment to Agreement No. A-2007- 278-02, to further adjust the compensation and extend the term of the Agreement. E. On May 4, 2016, the parties entered into Third Amendment to Agreement No. A-2016-104 to again adjust the compensation and extend the term of the Agreement. F. On May 15, 2018, the parties entered into Fourth Amendment to Agreement No. A-2018- 131 to further extend the term of the Agreement. The Agreement remains in effect through June 30. 2021. G. The parties now wish to extend the Agreement through June 30, 2022. The Parties therefore agree: 1. Section 3, Term, is amended to extend the term of the Agreement for an additional one (1) year period through June 30, 2022. 2. Except as modified by this Fifth Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. [signature page to follow] Page 1 of 2 25F-7 IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to the Agreement on the date and year first written above. ATTEST Daisy Gomez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: W'�', —f�L John NV Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency Page 2 of 2 CITY OF SANTA ANA Kristine Ridge City Manager WELLDYNERx Steph n SaR (Apr 28, 2 20) By: Stephen Saft Title: Chief Financial Officer 25F-8