HomeMy WebLinkAbout FULL PACKET_2006-02-06REQUEST FOR
COUNCIL ACTIONS-`~'
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CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
QUARTERLY REPORT OF INVESTMENT3
AS OF DECEMBER 31, 2005
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CITY MANAGER
RECOMMENDED ACTION
Receive and file.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2ntl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
In 1995, the State of California enacted legislation revising the
reporting requirements relative to investment of funds by governmental
agencies. These requirements, which became effective on January 1, 1996,
mandate that a statement outlining the ability of both the City and the
Redevelopment Agency to meet the budgeted expenditures for the subsequent
six months be submitted to the City Council on a quarterly basis. The
legislation dictates that this quarterly report contain the following
seven major elements:
- Type of investments;
- Date of maturity;
- Par and dollar amounts invested in each security;
- Weighted average maturity of the investments;
- Market value as of the date of the report;
- Source of the market value information; and
- Any funds, investments or programs, including loans, under the
management of contracted parties.
The Finance and Management Services Executive Director has historically
prepared a monthly report of investments. This office will continue to
provide this information monthly; however, a quarterly report of
investments will be presented at a regular council meeting. In compliance
with State law and the City's Investment Policy, the attached report
(Exhibit 1) accurately reflects all pooled investments held on behalf of
the City and Redevelopment Agency as of December 31, 2005.
19A-1
Quarterly Report Of Investments
As Of December 31, 2005
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
~t~~r_~r ~, '~s.a~o
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
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REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
CONTRACT RENEWAL FOR
CHEMICALS - SOIL, PLANT,
AND WATER TREATMENT
(SPEC. NO. 02-128)
~~
n
~r.,~,~r ___
CLERK OF COUNCIL USE ONLY:
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Renew the contract with Western Farm Service for soil, plant and water
treatment chemicals for a one-year period in the annual amount not to
exceed $30,000.
DISCUSSION
The Parks, Recreation and Community Services Agency requires herbicides
and pesticides to control and eradicate weeds and insects in the City's
parks. Chemicals are also required to maintain the various public
swimming pools and water fountains throughout the City. In addition, the
Public Works Agency uses chemicals to control the growth of algae in the
City's sewer system and water wells. The chemicals are purchased through
the Central Stores warehouse for distribution to the agencies. The
contracts for chemicals are designed to provide quality products at
significant savings based on quantity pricing.
On January 6, 2003, the City Council awarded a contract to Western Farm
Service, a Santa Ana vendor, for a two-year period with provision for
two one-year renewals. The vendor has agreed to renew the contract;
however, the vendor has requested a five percent increase due to
increases from the chemical manufacturers. The vendor has performed
satisfactorily during the past contract period and staff recommends the
final renewal of the contract.
FISCAL IMPACT
Funds are available in the various
Supplies accounts (object code 6391).
4
`-~`~ ~ ilr ate- ~ ~~Q
Francisco Gutierre z
Executive Director
departmental Other Materials &
Finance and Management Services~Ltep`=va,~
FG/WO/02-128R.2 :uc 1 ZA ?~
22A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
~~
c~enw,wi~on ir' _.
lll~ll CLERK OF COUNCIL USE ONLY:
CONTRACT RENEWAL FOR
HAZARDOUS WASTE DISPOSAL SERVICES
(SPEC. NO. 02-135)
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Renew the contract with Environmental Recovery Services, Inc. for
hazardous waste disposal services for a one-year period in the annual
amount not to exceed $40,000.
DISCUSSION
During operations where materials such as paint, fuel, and solvents are
used, hazardous waste material is generated. The waste materials are
then processed through Central Stores for pick up at the Corporate Yard.
Compliance with Environmental Protection Agency regulations require that
an authorized hazardous waste disposal service be used to transport the
hazardous materials to a lawfully authorized disposal, treatment, or
storage facility within 90 days.
On December 2, 2002, the City Council awarded a contract to Environmental
Recovery Services, Inc. for a two-year period with provision for two one-
year renewals. The vendor has performed satisfactorily during the past
contract period and has agreed to renew the contract without an increase in
pricing. Staff recommends the final renewal of the contract.
FISCAL IMPACT
Funds are available in the Roadway Marking & Signs, Parking Meter Fund,
and Building Maintenance Other Contractual Services accounts (account
nos. 11-623-6291, 027-013-6291, and 73-105-6291).
,.~a Francisco Gutierrez
Executive Director
Finance & Management Services A47eZ7~CQy,I
FG/WO/02-135R.2:uc L L LJ~ 1
22B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
CONTRACT RENEWAL FOR
ANIMAL FOfSD
(SPEC. NO. 02-159)
rT7~ll ~'!j
1F nu.,wiiou ,y>
-,,~'
CLERK OF COUNCIL USE ONLY:
`~
(~`~ ~ .
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinanc;e on 2nd Readiny
^ Implementing Resolution
^ Set Public Hearing For._ _
CONTINUED TO __ _______
FILE NUMB ER
Renew the contract with Family Tree Produce for a one-year period in
the annual amount not to exceed $25,000.
DISCUSSION
Various types of animal food are required for the Santa Ana Zoo at
Prentice Park. The contract for animal food is designed to provide
quality products at significant savings based on quantity pricing.
On January 21, 2003, the City Council awarded a contract to Family Tree
Produce for a two-year period with provision for two one-year renewals.
The vendor has performed satisfactorily during the past contract period
and has agreed to renew the contract without an increase in pricing.
Staff recommends the final renewal of the contract.
ISCAL IMPACT
Funds for the first six months are budgeted and available in the FY
2005-2006 Recreation & Community Services Santa Ana Zoo Animal Food &
Supplies account (account no. 11-247-6392). Funds for the duration of
the contract period will be included in the proposed budget for FY
2006-2007.
APPROVED AS TO FUNDS AND ACCOUNTS:
Gerardo Mou t ~a'Francisco Gutierrez
Executive Director Executive Director
Parks, Rec. & Comm. Svcs. Agency Finance & Mgmt. Services Agency
GM/WO/02-159R.S:uc ~ ~ " ~~
22C-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
~~
----
CLERK OF COUNCIL USE ONLY:
February 6, 2006
TITLE: APPROVED
^ As Recommended
CONTRACTS RENEWAL FOR ^ As Amended
LOCKSMITH SERVICES ^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
(SPEC. NO. 03-095) ^ Implementing Resolution
^ Set Public Hearing For
/~d/'-'~. l'i'.
L'k
` CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Renew the contracts for locksmith services for a one-year period in the
annual amounts as follow:
Vendor: Amount:
Civic Center Lock and Safe $30,000
Hill's Bros. Lock & Safe, Inc. $30,000
DISCUSSION
The City establishes an annual blanket order list consisting of vendors
that provide supplies and services that are required by agencies on a
consistent basis. Locksmith services are required at times by all City
departments for the purposes of replacing and repairing locks, creating
new vehicle keys, and changing safe combinations.
On December 15, 2003, the City Council awarded
Center Lock and Safe and Hill's Bros. Lock & Safe,
period with provision for two one-year renewals.
performed satisfactorily during the past contra
agreed to renew the contracts without an increase
recommends the first renewal of the contracts.
contracts to Civic
Inc. for a two-year
The vendors have
~t period and have
in pricing. Staff
22D-1 ~%~
Contracts Renewal for Locksmith Services
(SPEC. NO. 03-095)
February 6, 2006
Page 2
FISCAL IMPACT
Funds are available in the various departmental Maintenance & Repair of
Buildings & Grounds accounts (object code 6261).
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance and Management Services Agency ~-
FG/BP/03-095R.2:uc
22D-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
CONTRACT AWARD FOR
DVD/CD INSPECTION AND
REPAIR SYSTEM
(SPEC. NO. 05-111)
~n~l
a~~~~,o„ s~.
~~
CLERK OF COUNCIL USE ONLY:
`~,
~ ~ ~ ~~~~
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_,_
CONTINUED TO
FILE NUMBER
Award a contract to Research Technology International for a DVD/CD
inspection and repair system in the amount not to exceed $10,000.
DISCUSSION
The Santa Ana Public Library presently holds over $70,000 worth of
materials on DVD (Digital Video Disk) and CD (Compact Disk). As
publishers cease producing outdated media such as videotape and
audiocassette tapes, more funds will be expended on DVD and CD
materials.
Although CDs and DVDs have many advantages over older media, they are
considerably more fragile than earlier formats. Both media scratch
easily and fail to play if they are soiled. The library requires a
mechanism to check returned audiovisual products for damage and to
repair any damage discovered. The system will inspect all DVD and CD
materials for damage at the time they are returned to the library,
clean or repair the materials as needed, and provide statistical
reports on the type and quantity o£ disks repaired.
The notice inviting bids was advertised on October 28 and 31, 2005, and
bids were solicited. A summary of the bid invitations and bids
received is as follows:
6 Invitations For Bid mailed
3 Bids received
22E-1
Contract Award For DVD/CD Inspection and
Repair System
(Spec. No. OS-111)
February 6, 2006
Page 2
Bids were received and opened on November 10, 2005 (Exhibit 1) The
bid received from Research Technology International is responsive to the
specification.
FISCAL IMPACT
Funds are available in the Library Adult Services, Youth
Services, and Technology & Support Services Materials & Supplies
accounts (account nos. 11-212-6641, 11-213-6641, and 11-216-6641).
APPROVED AS TO FUNDS AND ACCOUNTS:
~,' J
o ichard
Library Director
~l~h'~t~ ~ nt° \ 1 d ~~,sg
~~;~~ Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency~:-
RR/BP/OS-111.4:uc
22E-2
ABSTRACT OF BIDS
CONTRACT AWARD FOR DVD/CD INSPECTION AND REPAIR SYSTEM (SPEC. 05-111)
Vendor
Location
DVD/CD
Inspection
System
DVD/CD Repair
System
Research
Technology
International
Lincolnwood, IL
$ 2,450.00
$ 6,545.00
$ 697.12
$ 9,692.12
Disc Go
Technologies
Langley, BC
Canada
No Bid
Non-
Responsive
$ -
GTM Video,
Inc.
Van Nuys
No Bid
Non-
Responsive
$ -
Tax
Total Cost
22E-3
~~
22E-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
CONTRACT AWARD FOR
HALE-TON HYBRID TRUCK
(SPEC. NO. 05-114)
(~~`~
/ CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract to Maurice J. Sopp & Son for the purchase of a half-
ton hybrid truck in the amount of $25,062.65.
DISCUSSION
The Public Works Agency's Water Resources Division maintains over
15,000 water main and hydrant valves as well as 450 miles of sewer
lines. Water Maintenance supervisors require city vehicles for
transportation to various job sites throughout the city. The contract
will provide a vehicle for the supervisors to inspect job sites and
transport equipment such as sand bags, barricades and tools for
emergency use.
The notice inviting bids was advertised on November 4 and 7, 2005, and
bids were solicited after new specifications issued for a hybrid truck.
A summary of the bid invitations and bids received is as follows:
11 Invitations For Bid mailed
1 Invitation For Bid mailed to Santa Ana vendors
7 Bids received
Bids were received, opened on January 11, 2006, and evaluated (Exhibit
1) . The bid received from Maurice J. Sopp & Son is responsive to the
specifications and meets the City's requirements. The purchase conforms
with the criteria established for the acquisition of hybrid vehicles.
22F-1
Contract Award for Half-Ton Hybrid Truck
(Spec. No. 05-114)
February 6, 2006
Page 2
FISCAL IMPACT
Funds are available in the Water System Maintenance Machinery &
Equipment account (account no. 64-575-6641).
APPROVED AS TO FUNDS AND ACCOUNTS:
G1
es G. Ross
cutive Director
lic Work Agency
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency/,-
JGR/KM/05-114.9:uc
22F-2
ABSTRACT OF BIDS
CONTRACT AWARD
1/2-TON HYBRID TRUCK
(SPEC. OS-114)
VENDOR MAURICE SOPP GEORGE LAKE VICTOR SELMAN
& SON CHEVROLET CHEVROLET BUICK GMC CHEVROLET
LOCATION HUNTINGTON PARK BELLFLOWER LAKE ELSINORE CORONA ORANGE
TERMS NET 30 DAYS NET 30 DAYS $500/30 DAYS $500/20 DAYS NET 30 DAYS
1 VEHICLE $ 23,260.00 $ 24,123.66 $ 24,949.00 $ 25,356.28 $ 24,976.40
SALES TAX $ 1,802.65 $ 1,869.58 $ 1,933.55 $ 1,965.11 $ 1,935.67
TIRE FEE INCL $ 8.75 $ 8.75 $ 6.75 $ 8.75
TOTAL $ 25,062.65 $ 26,001.99 $ 26,891.30 $ 27,330.14 $ 26,920.82
TERM DISC $ - - $ 500.00 $ 500.00 -
GRANT TOTAL $ 25,062.65 $ 26,001.49 $ 26,391.30 $ 26,830.14 $ 26,920.82
DELIVERY 120 DAYS 90-120 DAYS 90-120 DAYS 60-90 DAYS 75 DAYS
VEHICLE CHEVY CC15753 CHEVY 2006 CHEVY CC15753 GMC TC15753 C HEVY CC15753
2006 HYBRID SILVERADO 2006 2006 2006
VENDOR QUALITY BOB STALL
CHEVROLET CHEVROLET
LOCATION ESCONDIDO LA MESA
TERMS NET 30 DAYS NET 30 DAYS
1 VEHICLE $ 24,985.00 $ 25,808.00
SALES TAX $ 1,936.34 $ 2,000.12
TIRE FEE $ 8.75 INCL
TOTAL $ 26,930.09 $ 27,808.12
TERMS DISC. $ - $ -
GRAND TOTAL $ 26,320.09 $ 27,808.12
DELIVERY 120 DAYS 120-150 DAYS
VEHICLE CHEVY CC15753 CHEVY C-1500
2006 2006
SUMMARY OF BID AWARD:
TOTAL AWARD IN THE AMOUNT OF:
MAURICB J. SOPP
& SON
$25,062.65
Exhibit 1
Page 1
22F-3
22F-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
CONTRACT AWARD FOR
PORTABLE SHELTERS
(SPEC. NO. 05-121)
~r~
~,~.r ~,
CLERK OF COUNCIL USE ONLY:
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For__
CONTINUED TO
FILE NUMBER
Award a contract to Fisher Safety for the purchase of first response
portable shelters in the amount of $44,388.69.
SCUSSION
On August 16, 2004, the City Council accepted a $15 million Urban Area
Security Initiative grant from the Federal Department of Homeland
Security, through the State of California, Office of Homeland Security.
This initiative was designed to enhance the domestic preparedness of
urban areas by ensuring that all emergency first responders have
adequate equipment and systems to prevent, respond to and recover from
acts of terrorism. The grant provides total reimbursement to local
agencies for equipment purchases approved and authorized by the Office
of Disaster Preparedness.
The Police Department requires portable shelters to provide the urban
areas capability to respond to Weapons of Mass Destruction (WMD) events
or acts of terrorism. When responding to WMD events or acts of
terrorism it may be necessary for first responders to wear protective
suits. Having portable, rapidly deployable shelters will provide the
first responders with a location to privately put on and take off the
protective suits, as well as a climate-controlled environment in which
to recover. The portable shelters will be part of the equipment stored
in the WMD cargo trailers that will be strategically positioned
throughout the Santa Ana Urban area to facilitate a rapid response to
any WMD event or terrorist incident.
22G-1
Contract Award for Portable Shelters
(Spec. No. 05-121)
February 6, 2006
Page 2
The notice inviting bids was advertised on December 23 and 28, 2005,
and bids were solicited. A summary of the bid invitations and bids
received is as follows:
6 Invitations For Bid mailed
1 Bid received
Bid was received and opened on January 11, 2006. The bid received from
Fisher Safety is responsive to the specifications and meets the City's
requirements.
FISCAL IMPACT
Funds are available in the Office of Emergency Services (OES) Urban
Areas Security Initiative (UASI) Grant Machinery & Equipment account
(account no. 125-331-6641).
APPROVED AS TO FUNDS AND ACCOUNTS:
,~
Paul` M. ~Wal - _ ~(~RCnQ~\. , IV~1d~JL
ters Francisco Gutierrez
Chief of Police Executive Director
Finance & Mgmt. Ser~ices Agency
~__
PMW/TO/OS-121.7:uc
22G-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
CONTRACT AWARD FOR
LANDSCAPE RENOVATION
(SPEC. NO. 05-128)
y~F Au,,e,~an ,'_.~
/w^'' CLERK OF COUNCIL USE ONLY:
,
CITY MANAGER
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For,
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Award a contract to Vista Del Verde Landscape, Inc. to renovate the
landscaping at the Santa Ana Zoo at Prentice Park in the amount of
$11,536.
DISCUSSION
The "Colors of the Amazon" bird aviary at the Santa Ana Zoo at Prentice
Park was constructed in 1995. The netting at the aviary was replaced in
2005. In order for the netting to be replaced, a large amount of
landscaping had to be removed. The renovation will include the purchase
and installation of over eighty various trees and plants. Funds for
unanticipated contingencies have been included in the award amount.
The notice inviting bids was advertised on December 23 and 28, 2005, and
bids were solicited. A summary of the bid invitations and bids received
is as follows:
12 Invitations For Bid mailed
5 Invitations For Bid mailed to Santa Ana vendors
2 Bids received
Bids were received, opened on January 4, 2006, and evaluated. Bid
results are as follows:
Vendor: Amount: Location:
Vista Del Verde Landscape, Inc.
Master Landscape & Maintenance, Inc
22H-1
$ 9,536 San Juan Capistrano
$10,491 Westminster
Contract Award for
(Spec. No. 05-128)
February 6, 2006
Page 2
Landscape Renovation
The bid received from Vista Del Verde Landscape, Inc. is responsive to
the specification.
FISCAL IMPACT
Funds are available in the Recreation and Community Services Agency
State Urban Open Space Roberti Z'Berg-Harris Grant Improvements Other
than Buildings account (account no. 161-270-6631).
APPROVED AS TO FUNDS AND ACCOUNTS:
~--~/
Gerardo Moue
Executive Director
Parks, Rec. & Comm. Svcs. Agency
GM/WO/05-128.8:uc
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency/~
22H-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
CONTRACT AWARD FOR A
HYBRID UTILITY VEHICLE
AND BLANKET ORDER AMENDMENT
(SPEC. NO. 05-134)
cf°`
CLERK OF COUNCIL USE ONLY:
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract to Villa Ford based upon the City of San Diego
contract for the purchase of one hybrid utility vehicle in the amount
of $28,618.72 and amend the blanket contract in the amount of $10,000
for a total not to exceed $20,000.
DISCUSSION
The Fleet Maintenance Division's annual Equipment Replacement Program
is included in the City's annual budget and identifies vehicles
scheduled for replacement. Funding is monitored through a depreciation
schedule established with each department.
The Parks, Recreation and Community Services Agency's Park Maintenance
Department use utility vehicles to transport staff and tools to local
parks to perform routine business. Due to age and condition, one 1995
GMC Jimmy has been approved for replacement in the current fiscal year.
City Council adopted Ordinance No. NS-2312 authorizing the City to
purchase against contracts with other public agencies utilizing a
competitive bid process. Villa Ford was awarded a contract as a result
of open, competitive bidding and meets the City's requirements. The
purchase conforms with the criteria established for the acquisition of
hybrid vehicles.
221-1
Contract Award for a Hybrid Utility
Vehicle and Blanket Order Amendment
(Spec. No. OS-134)
February 6, 2006
Page 2
The City establishes an annual blanket order list consisting of vendors
that provide supplies and services that are required by agencies on a
consistent basis. The contract with Villa Ford provides for the
purchase of parts and accessories as required. The purchase of the
hybrid utility vehicle when combined with previous purchases by Fleet
Services during the current fiscal year exceeds the $10,000 aggregate
limit. In order to facilitate future repairs, staff recommends an
increase in the current contract amount.
FISCAL IMPACT
Funds are available in the Fleet Services Equipment Replacement
Machinery & Equipment account (account no. 76-145-6641) for $28,618.72;
and the Equipment Maintenance Garage Operation Operating Materials &
Supplies account (account no. 75-111-6391) for $10,000.
~~(~~~~~. ors ~~9_ .
Francisco Gutierrez
Executive Director ® %
Finance and Management Services Agency,
FG/KM/05-134.2:uc
221-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
CONTRACT AWARD FOR
POLICE K-9 SEDANS
(SPEC. NO. 06-009)
rT~ ~~
_,~°„`sue
CLERK OF COUNCIL USE ONLY:
// ,~M
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract to Moss Motors Dodge, using the Kern County's contract
with Moss Motors, for the purchase of two vehicles in the amount not to
exceed $54,704.94.
DISCUSSION
The Fleet Maintenance Division's annual Equipment Replacement Program
is included in the City's annual budget, and identifies vehicles
scheduled for replacement. Funding is monitored through a depreciation
schedule established with each department.
The Police Department's K-9 patrol vehicles are used to transport
police officers and their canine partners to perform routine business.
The Police Canine Unit tested several full-sized vehicles in search of
a new line of K-9 sedans. Vehicles are graded and assessed on such
features as safety for both the officers and the dogs, driving
performance, and storage capacity. The Dodge Magnum was evaluated and
approved by the Santa Ana Police Department as the new K-9 vehicle. Due
to age and condition, two 1997 Ford K-9 sedans have been approved for
replacement in the current fiscal year.
City Council adopted Ordinance No. NS-2312 authorizing the City to
purchase against contracts with other public agencies utilizing a
competitive bid process. Moss Motors Dodge was awarded a contract as
a result of open, competitive bidding and meets the City's
requirements. There are no hybrid or alternative fuel options in this
classification of vehicles.
22J-1
Contract Award for Police K-9 Sedans
(Spec. No. 06-009)
February 6, 2006
Page 2
FISCAL IMPACT
Funds are available in the Fleet Services Equipment Replacement
Machinery & Equipment account (account no. 76-145-6641).
~lt,Ci : i~~_ia~
Francisco Gutierrez
~ Executive Director
Finance and Management Services Agencyl~
FG/KM/06-009.2:uc
22J-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
CONTRACT AWARD FOR
OFFICE SUPPLIES
(SPEC. NO. 06-011)
~"
~,~~,J_
L
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Rea~mmended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract to Office Depot for the purchase of office supplies
based upon the County of Los Angeles contract for a four year period
in the annual amount not to exceed $390,000.
DISCUSSION
The City utilizes an assortment of office products for its daily
operations such as: paper and toner for printers, copiers, and
facsimiles; binders and file accessories; and writing utensils and
calendars. The Central Stores Division also orders various stock items
for City agencies to store in inventory.
The County of Los Angeles recently bid and awarded a contract for
office supplies to Office Depot. The contract offers a 40-70 percent
discount through Los Angeles County's cooperated contract program. By
using the contract, the City benefits from the quantity pricing
available to the County. Office Depot has an on-line ordering system,
which provides next day delivery service, and tracking and payment
information to the requesting agency.
The City Council adopted Ordinance No. NS-2312 authorizing the City to
purchase against contracts with other government agencies utilizing a
competitive bid process. Office Depot was awarded a contract as a
result of open, competitive bidding, and meets the City's requirements.
22K-1
Contract Award for Office Supplies
(Spec. No. 06-011)
February 6, 2006
Page 2
FISCAL IMPACT
Funds are available in the various departmental Operating Materials &
Supplies accounts (object code 6391).
~~Francisco Gutierrez
Executive Director
Finance and Management Services Agency/G
FG/SH/06-011.2:uc
22K-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
CONTRACT AWARD FOR SANTA ANA
ZOO NECROPSY FACILITY
(PROJECT NO. 6371)
i
Education 1st
~(~i"'~
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s~ Reading
^ Ordinance on 2~ Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Award a contract to M.J. Contractors, the lowest responsible bidder,
for a lump sum price of $280,000 for construction of the Santa Ana
Zoo Necropsy Facility.
2. Approve a Funding Analysis with a total estimated construction cost
of $350,000.
In 2002 the Santa Ana Zoo was notified by the American Zoological
Association Accreditation Board that a Necropsy Facility needed to be
constructed. As a result, the Parks, Recreation and Community Services
Agency pursued funding to construct this building.
The construction of the Necropsy Facility is addressed in the Zoo Master
Plan. The addition of a Necropsy facility will allow the Zoo staff to
conduct further research on animals that die in the zoo thus providing
knowledge to better preserve the lives of other animals.
The Notice Inviting Bids was advertised on November 14 and 16, 2005, and
bids were opened on December 8, 2005. A summary of the bid invitations
mailed, the bids received, and the bid results follows.
Santa Ana Contractors receiving notices: 5
Contractors requesting bidding documents: 5
Bids received: 2
Bids received from Santa Ana Contractors: 0
23A-1
Santa Ana Zoo Necropsy Facility
February 6, 2006
Page 2
NAME OF BIDDER
1. M.J. Contractors
2. Faris Construction
CITY
BID AMOUNT
Lake Forest 280,000
Dana Point 313,000
A total of two bids were received and both were responsive. The lowest
bid was submitted by M.J. Contractors, for $280,000, which is above the
Engineer's estimate of $195,000. The high bid amount is attributed to the
uniqueness of the project as evidenced by the small number of bidders.
ENVIRONMENTAL IMPACT
Pursuant to environmental study ER 2002-304, the project will not have a
significant effect on the environment. Therefore, a Negative Declaration
was granted for the project and no mitigation measures are required.
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of
$350,000 for the project (Exhibit 2). Funds are available in the
California State Park Bond Fund (account no. 169-270-6631), the Capital
Outlay Fund-Park Improvements (account no. 51-250-6631), and the
Recreation Community Services Facilities Maintenance Fund (account no.
11-260-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
7
James G. Ross /
Executive Director
Public Works Agency
~~~
Gerardo Mouet
Executive Director
Parks, Recreation & Community
Services Agency
~g~rancisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency /,r
K:\Construction\RFCA-draft\6371 2006-02-06 120 WD
23A-2
FUNDING ANALYSIS
PROJECT 6371
SANTA ANA ZOO NECROPSY
FACILITY
Construction Contract
Contract Administration
Inspection and Testing
Contingencies
$280,000
17,000
25,000
28,000
TOTAL ESTIMATED CONSTRUCTION COSTS 350 000
r ~~
Exhibit 2
23A-3
23A-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 17, 2006
TITLE:
AMENDED AGREEMENT WITH WASTE
MANAGEMENT INC. FOR REFUSE
COLLECTION AND RECYCLING
~~
Qdnntion lsr
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15f Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve and authorize the City Manager and the Clerk of the Council to
execute an amended agreement with Waste Management Inc. for collection
and recycling of the City's solid waste.
DISCUSSION
In 1996 the City entered into an exclusive agreement with Waste
Management Inc. to collect and recycle the City's residential, commercial
and industrial waste. With that agreement the City implemented the
three-cart curbside program, the wet/dry commercial program and the
sorted industrial waste programs that are currently in place. That
agreement has been amended to provide alley and parkway clean-up.
The proposed amended agreement will incorporate the additional services
to the City into one agreement and extend the term of the agreement
through the year 2018. In exchange, the City will receive $1,000,000 in
fiscal year 05-06 and $500,000 in each of the remaining years of the
agreement. These payments will not affect customer rates.
Customer rates will continue to be competitive. In 2004 Santa Ana's
curbside rates were mid range and commercial rates were in the lower one-
third of the rates in the County. Currently, these rates may be
increased each year by 7.5~. With the proposed amended agreement the
rates can only be increased each year by 5 percent.
Under the proposed amended agreement Waste Management will continue to
utilize the trucks purchased by the City in 1996 and will begin replacing
them in 2006 with low emission vehicles. In addition, collection of
televisions, computers and monitors will be included with the City's
large item pickup service for curbside customers.
25A-1
KCI.VMMCIVUCU AC.1 IVIV
Amended Agreement With
Waste Management Inc.
January 17, 2006
Page 2
ENVIRONML~NTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The City will receive $1,000,000 in fiscal year 05-06 and $500,000 each
year thereafter through the term of the agreement. The funds will be
deposited into the refuse collection fund (account no. 69-01-5112).
r
James G. Ross
Executive Director
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
25A-2
THIRD AMENDED AND RESTATED
AGREEMENT FOR COLLECTION AND HANDLING
OF SOLID WASTES GENERATED, PRODUCED AND/OR
ACCUMULATED IN THE CITY OF SANTA ANA
by and between
THE CITY OF SANTA ANA
AND
USA WASTE OF CALIFORNIA INC.
25A-3
TABLE OF CONTENTS
RECITALS .................................................................................................................................... 1
AGREEMENT .............................................................................................................................. 2
1. GRANT OF CONTRACT ...................................................................................................... 2
2. TERM OF CONTRACT ......................................................................................................... 2
3. DEFINITIONS ........................................................................................................................ 3
4. SCOPE OF SERVICE ............................................................................................................ 6
5. COLLECTION HOURS ......................................................................................................... 7
6. HOLIDAYS ............................................................................................................................. 7
7. FREQUENCY OF COLLECTIONS ...................................................................................... 7
8. MAINTENANCE OF SCHEDULES ..................................................................................... 7
9. EXCLUSIVENESS OF AGREEMENT ................................................................................ 7
10. SOLID WASTE PROGRAM SURCHARGE ...................................................................... 9
11. AUTOMATED SYSTEM ..................................................................................................... 9
(a) LICENSE .................................................................................................................... 9
(b) FINANCING ............................................................................................................ 10
(c) MAINTENANCE OF LICENSED EQUIPMENT ................................................. 10
(d) OPERATION OF LICENSED EQUIPMENT ........................................................ 10
(e) FUEL FOR LICENSED EQUIPMENT ....................................................................10
(~ OPTION TO PURCHASE ....................................................................................... 10
(g) REPLACEMENT OF RESIDENTIAL AND COMMERCIAL
COLLECTION VEHICLES .............................................................................................11
i
2 5A-4
12. COLLECTION POINTS AND REQUIREMENTS ..........................................
13. SERVICES TO BE PROVIDED BY CONTRACTOR TO CITY FOR CITY
OPERATIONS ............. .
......... 11
12
(a) CITY GOVERNMENT OPERATIONS ................................................................. 12
(b) STREET SWEEPING .............................................................................................. 12
(c) NEIGHBORHOOD CLEANUPS ........................................................................... 12
14. COLLECTION, RECYCLING, YARD WASTE DIVERSION AND DISPOSAL
REQUIlZEMENTS ......................................................................................................... 13
(a) CURBSIDE SERVICE ............................................................................................ 13
(1) Non-Recyclable Solid Waste Collection and Recycling Plastic Carts....... 13
(2) Recyclable Solid Waste Collection and Recycling Plastic Carts ............... 13
(3) Yard Waste Collection and Recycling Plastic Carts ................................... 13
(b) BIN SERVICE ......................................................................................................... 13
(c) ROLL-OFF SERVICE ............................................................................................. 14
(d) TEMPORARY BIN SERVICE ............................................................................... 14
(e) PARKWAY CLEANUP FOLLOWING GARAGE SALES ...................................14
(f) ALLEY CLEANUP FOLLOWING THE FIRST OF EACH MONTH ...................14
(g) DISPOSAL ............................................................................................................... 14
15. SYSTEM SAVINGS ........................................................................................................... 15
(a) SAVINGS PAYABLE TO CITY ................................
(b) POSSIBLE ADDITIONAL SAVINGS .......................
16. CIWMA REPORTING REQUIREMENTS ...........................
17. SRRE CONSULTANT......
u
.......................... 15
......................... 15
15
............................... 16
25A-5
18. PUBLIC EDUCATION SERVICES ................................................................................... 16
19. STANDARDS FOR COLLECTION, EQUIPMENT AND NOISE .................................. 17
20. MAINTENANCE OF BINS AND ROLL-OFF CONTAINERS ....................................... 18
21. COLLECTION OF BULKY ITEMS .................................................................................. 18
22. CURBSIDE SERVICE PAYMENTS ................................................................................. 19
23. RESIDENTIAL BIN SERVICE RATES ............................................................................ 19
24. COMMERCIAL/INDUSTRIAL BIN SERVICE RATES ................................................. 20
25. ROLL-OFF SERVICE RATES ........................................................................................... 20
26. COMPENSATION FOR GRANTS .................................................................................... 21
27. ADJUSTMENTS TO CHARGES ....................................................................................... 21
(a) HAULING AND PROCESSING CHARGES ........................................................ 21
(1) PRICE INDICES .......................................................................................... 21
(2) CURBSIDE SERVICE ................................................................................. 21
(3) BIN SERVICE AND ROLL-OFF SERVICE .............................................. 21
(b) GATE FEES ............................................................................................................. 21
(c) SOLID WASTE PROGRAM SURCHARGE ........................................................ 21
(d) ADMINISTRATNE COST ..................................................................................... .22
28. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REQUIREMENTS .............. 22
29. MIl~IIMUM SERVICE LEVELS -MULTI-FAMILY RESIDENTIAL BUILDINGS ...... 22
30. MINIMUM SERVICE LEVELS -COMMERCIAL/INDUSTRIAL BIN SERVICE
AND ROLL-OFF SERVICES ....................................................................................... 23
31. SERVICE STANDARDS .................................................................................................... 23
32. SUPERVISION .................................................................................................................... 24
iii
25A-6
33. TITLE TO SOLID WASTE ................................................................................................. 24
34. FAII.URE TO COLLECT .................................................................................................... 24
35. DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT .............................. 25
36. LIQUIDATED DAMAGES ................................................................................................ 27
37. USE BY CITY OF CONTRACTOR'S EQUIPMENT ....................................................... 27
38. COMPLAINTS .................................................................................................................... 28
39. COMPENSATION REDUCTION DURING STRIKE PERIOD ...................................... 28
40. FEES AND GRATUITIES .................................................................................................. 29
41. LEGAL RELATIONS AND RESPONSIBIL,ITIES ........................................................... 29
(a) Applicable Laws ....................................................................................................... 30
(b) Personnel .................................................................................................................. 30
(c) Permits and Licenses ................................................................................................ 30
(d) Workers' Compensation Policy ................................................................................ 30
(e) Public Liability Insurance ......................................................................................... 30
(f) Insurance Responsibility for City Owned Solid Waste Collection
and Recycling Vehicles ...............................................................................................31
(g) Indemnification ........................................................................................................ 31
(h) Enforcement of Scope of Services ........................................................................... 31
(i) Waivers ...................................................................................................................... 32
42. SUBCONTRACTORS AND MANAGEMENT ................................................................ 32
43. ACCOUNTING AND AUDITING ..................................................................................... 32
44. BOND ................................................................................................................................... 32
45. MEDIA RELATIONS ......................................................................................................... 33
iv
25A-7
46. NOTICES .............................................................................................................
47. GENDER AND NUMBER .................................................................................
48. VALIDITY ...........................................................................................................
49. ASSIGNABILITY ................................................................................................
50. GOVERNING LAW ............................................................................................
WASTE MANAGEMENT HOLDINGS INC. GUARANTEE
EXHIBIT "A" --- THE LICENSED EQUIPMENT
EXHIBIT "B" ---NOT REQUIRED
EXHIBIT "C" --- RATES
EXHIBIT "D" --- PAYMENT SCHEDULE ON THE C.O.P.S
v
............ 33
............ 33
............ 33
............ 34
............ 34
25A-8
THIRD AMENDED AND RESTATED
AGREEMENT FOR COLLECTION AND HANDLING
OF SOLID WASTE GENERATED AND/OR
ACCUMULATED IN THE CITY OF SANTA ANA
This THIRD AMENDED AND RESTATED AGREEMENT, made and entered into
this day of , 2005 by and between the City of Santa Ana, a charter city and
municipal corporation duly authorized under the Constitution and laws of the State of California
(referred to herein as "City")," and USA Waste of California Inc., a Delaware corporation dba Waste
Management of Orange County, formally Great Western Reclamation, a division of Waste
Management Collection and Recycling, Inc, a California corporation, hereinafter called,
"CONTRACTOR,"
RECITALS
1. The Legislature of the State of California, by enactment of the California Integrated Waste
Management Act of 1989, Division 30 of the California Public Resources Code, commencing with
Section 40000 ("CIWMA"), declares that it is within the public interest to authorize and require local
agencies to make adequate provisions for Solid Waste handling within their jurisdictions.
2. In the opinion of the City Council of the City of Santa Ana, the public health, safety and well
being require that the collection, transportation, and recycling, diversion by means of composting,
mulching and/or transforming, and disposal of Solid Waste, including, but not limited to, the frequency
and means of such collection, transportation and recycling, yard waste diversion or disposal, and the
charges and fees therefore, be provided by contract to a qualified contractor.
3. On June 30, 1993, CITY and CONTRACTOR entered into an agreement for such Solid
Waste collection and handling (the "Original Agreement").
4. Since the execution thereof, CITY and CONTRACTOR jointly concurred that it would be in
the best interest of the CITY and the residents therein that the Original Agreement be revised to provide
for Sold Waste collection, recycling and disposal of Curbside Service Units by means of automated
Solid Waste collection vehicles and Solid Waste collection and recycling plastic carts.
5. On June 1, 1996, CITY and CONTRACTOR entered into an agreement entitled "Amended
and Restated Agreement for Collection and Handling of Solid Waste Generated and/or Accumulated in
the City of Santa Ana" (hereinafter referred to as "Amended Agreement" to effectuate the new
curbside service collection program.
6. On June 19, 1997, CITY and Contractor entered into an Agreement entitled "Second
Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or
Accumulated in the City of Santa Ana" to clarify the responsibilities associated with the collection,
handling, and processing of solid waste collected by Contractor.
1
25A-9
7. Since the execution of the "Second Amended and Restated Agreement for the Collection
and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" ("Second
Amended Agreement"), City and Contractor have worked together to achieve many significant
advancements in environmental stewardship in the City of Santa Ana. In part, due to the joint efforts of
the City and Contractor, the City has been able to consistently comply with the 50% diversion
requirements as imposed by the State of California.
8. Since the execution of the Second Amended Agreement, City and Contractor have
developed new programs to increase recycling and reduce illegal disposal of used oil
9. Since the execution of the Second Amended Agreement, City and Contractor have
developed new programs to reduce illegal dumping and litter throughout the City.
10. Since the execution of the Second Amended Agreement City and Contractor have jointly
concurred to amend the Second Amended Agreement to include the above improved environmental
quality measures.
11. The parties again desire to amend the Second Amended Agreement in its entirety to
incorporate the provisions of previous amendments and to extend the term of the Agreement in
exchange for additional payments. Said additional payments will not affect the rates paid by Santa Ana
customers. City and USA Waste agree that USA Waste will bear the entire cost of these payments to
the City of Santa Ana as consideration for extending the term of the Second Amended Agreement.
The City Council of the City of Santa Ana, hereby desires that CONTRACTOR be engaged to
provide for both the collection of Solid Wastes within the corporate limits of the City of Santa Ana and
the transportation of such Solid Wastes to appropriate places of processing, recycling, yard waste
diversion, and disposal, and to perform such services on the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, for the reasons recited above, and in consideration of the respective and
mutual covenants and promises hereinafter contained and made, and subject to all the terms and
conditions hereof, the parties hereto do hereby agree as follows:
1. GRANT OF CONTRACT:
CITY hereby grants to CONTRACTOR, for the term hereinafter set forth, the contract, right
and privilege to collect, recycle, divert by means of composting, mulching, and/or transforming,
dispose and transport, to appropriate facilities as set forth in this Agreement, all Solid Wastes (as herein
defined and subject to the terms herein) generated, produced, kept and/or accumulated in the City of
Santa Ana, and CONTRACTOR, subject to all of the terms hereof, hereby accepts and agrees to
faithfully perform such contract and obligation.
2. TERM OF CONTRACT;
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The term of this Agreement shall begin upon execution of this Agreement and shall extend to
June 30, 2018.
3. DEFINITIONS:
As used in this Agreement, the following words and phrases shall have the meaning assigned in
this section, unless the context at the point of usage clearly requires a different meaning.
(1). Agreement shall mean this Amended and Restated Agreement, including the exhibits
thereto and the documents incorporated herein by reference.
(2). Auditor shall mean the certified public accountant firm retained by City for auditing
services.
(3). Bin Service shall mean all Solid Waste collection services provided by CONTRACTOR by
means offront-loaded collection bins of various sizes.
(4). California Integrated Waste Management Act ("CIWMA") shall mean that act codified by
California Public Resources Code Sections 40000 et seq., and any subsequent amendments thereto.
(5). California Integrated Waste Management Board shall mean the Board created by the
California Integrated Waste Management Act, and any subsequent modifications thereto, and shall
encompass any other agency which assumes the duties of this Board.
(6). CITY shall mean the City of Santa Ana.
(7). City Attorney shall mean the City Attorney of CITY.
(8). C~ Council shall mean the City Council of CITY.
(9). C~ Manager shall mean the City Manager of CITY.
(10). Clerk of the Council shall mean the Clerk of the Council of CITY.
(11). Code shall mean the Municipal Code of CITY, both codified and miscellaneous
ordinances.
(12). CommerciaUIndustrial Bin Service shall mean Bin Service which is provided by
CONTRACTOR to commercial and/or industrial units.
(13). Commercial Solid Wastes shall mean Solid Waste originating from stores, business
offices, commercial warehouses, hospitals, educational, health care, military and correctional
institutions, non-profit research organizations and government offices.
(14). Compost means the product resulting from the controlled biological decomposition of
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organic wastes that are source separated from the Solid Waste stream.
(15). Composting means a method of waste treatment which produces a product meeting the
definition of "compost" herein.
(16). Composting Facility means a state permitted Solid Waste facility at which composting is
conducted and which produces a product meeting the definition of compost.
(17). Construction and Demolition Solid Waste includes Solid Wastes, such as building
materials, and packaging and rubble resulting from construction, remodeling, repair and demolition
operations on streets, pavements, houses, commercial buildings, and other structures.
(18). Contract shall mean this Agreement, entered into between CITY and CONTRACTOR.
(19). CONTRACTOR shall mean USA Waste of California Inc., a California corporation, and
shall also include the parent company Waste Management, Inc.
(20). Curbside Service Unit shall mean each single family residence and duplex unit which
receives curbside collection services provided by CONTRACTOR. This shall include commercial
curbside users and any multi-family, business or professional user which does not require Bin Service
as determined by the Executive Director.
(21). Customer shall mean a user of CONTRACTOR'S bin or roll-off container service.
(22). Dis osal Site shall mean any licensed landfill site permitted by the California Integrated
Waste Management Board for the receipt and ultimate disposition of Solid Waste.
(23). Executive Director shall mean the Executive Director of Public Works of CITY, or his or
her designate.
(24). Gate Fees shall mean those charges by a Disposal Site for Solid Wastes disposed of at said
site. Gate Fees are also known as "tipping" fees and "landfill" fees.
(25). Gross Receipts means and includes all revenues actually received by CONTRACTOR
arising from, or attributable to, the services provided by CONTRACTOR to its Customers in the CITY
pursuant to this Agreement. Gross Receipts include Gate Fees as defined herein. Gross Revenue does
not include any revenue received by CONTRACTOR from the sale of Recyclable Solid Waste.
(26). Haulin~~Charges shall mean those portions of the curbside, bin, roll-off and other rates
provided for in this Agreement which compensate CONTRACTOR for the Solid Waste collection and
transporting services required of CONTRACTOR under this Agreement. The parties have agreed upon
the initial Hauling Charges as set forth hereinafter, and such charges are subject to adjustments as
provided in this Agreement.
(27). Hazardous Wastes are those wastes which, because of their physical or chemical
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characteristics, and are defined as a "hazardous substance" or "hazardous waste" pursuant to the
Resource Conservation and Recovery Act" ("RCRA"), cannot be disposed of in a Class III landfill
under the applicable laws and regulations of the State of California.
(28). Industrial Solid Wastes means Solid Waste originating from mechanized manufacturing
facilities, factories, refineries, and publicly operated treatment works, and/or Solid Wastes placed in
bins and/or roll-off containers.
(29). Licensed Equipment means the Solid Waste collection and Recycling vehicles and Solid
Waste collection and Recycling plastic carts licensed by the CITY to the CONTRACTOR pursuant to
Section 11 of this Agreement.
(30). Materials Recovery Facility means a facility permitted as a Solid Waste Facility by the
California Integrated Waste Management Board for sorting, separating and processing of Recyclable
Solid Wastes as well as the segregation and transportation of non-Recyclable Solid Wastes to a
Disposal Site.
(31). Permitted Solid Waste Facility means a Solid Waste facility for which there exists a Solid
Waste Facilities Permit issued by the local enforcement agency and concurred in by the California
Waste Management Board.
(32). Person shall include, without limitation, associations, clubs, societies, firms, partnerships,
sole proprietorships, corporations, schools, colleges and all governmental agencies and entities, as well
as individuals, including the officers of such associations, corporations, etc.
(33). Processing means the reduction, separation, recovery, conversion or Recycling of Solid
Waste.
(34). Processing Charges shall mean those portions of the curbside, bin, roll-off container and
other rates provided for in this Agreement which compensate CONTRACTOR for Processing Solid
Wastes collected by CONTRACTOR in the CITY and delivered by CONTRACTOR to a designated
Materials Recovery Facility or Composting Facility. The parties have agreed upon the initial
Processing Charges, as set forth hereinafter, and such charges are subject to adjustments as provided in
this Agreement. The cost of transporting the residue of the CITY'S Solid Waste stream to a Disposal
Site after Processing the Recyclable Solid Wastes therefrom and the cost of transporting Recyclable
Solid Wastes to their ultimate destination shall be deemed part of this Processing Charge, but the gate
fee charged at said Disposal Site for depositing said Solid Waste residue shall not be included in the
Processing Charge.
(35). Recyclable Solid Waste means and includes those Solid Wastes which may be sorted,
cleansed, treated, processed and/or reconstituted for purposes of reuse. Recyclable Solid Wastes are
not a separate category of materials, but merely an evolving portion of the entire stream of Solid Waste
generated within the CITY.
(36). Recycling means collecting, sorting, cleansing, treating, Processing and reconstituting
25A-13
Recyclable Solid Wastes for the purpose of reuse or sale.
(37). Residential Bin Service shall mean Bin Service which is provided by CONTRACTOR to
any and all residential users which request or require such services pursuant to this Agreement.
(38). Residential Solid Waste means Solid Waste originating from single-family or multiple
family dwellings.
(39). Roll-Off Service shall mean Solid Waste collection from transportable containers of 10
cubic yards or larger which are dropped off at a residence, commercial or industrial establishment and
later removed for collection of contents of said container. Roll-Off Service includes compactors which
maybe used with roll-off containers.
(40). Solid Waste shall mean all Solid Wastes, including, but not by way of limitation,
Recyclable Solid Wastes, whether now recyclable or not, generated and/or accumulated by all
residential, commercial and industrial sources, and at all construction and demolition sites within the
CITY excluding that Solid Waste referred to in Section 9(a) herein; provided, however, that Solid
Waste shall not be deemed, for purposes of this Agreement, to include any Hazardous Wastes as
defined hereinabove.
(41). Solid Waste Facility shall include a Composting Facility, Materials Recovery Facility or a
transfer station.
(42) Source Reduction and Recycling Element shall be the CITY'S plan for meeting the
requirements of CIWMA.
(43). Waste Type means identified wastes having the features of a group or class of wastes that
are distinguishable from any other Waste Type, as identified by the CITY'S Source Reduction and
Recycling Element.
(44). Yard Waste means any wastes generated from the maintenance or alteration of public,
commercial or residential landscapes including, but not limited to, leaves, yard clippings, tree
trimming, brush, weeds and pruning.
(45) Yard Waste Diversion shall mean the diversion from the waste stream of yard waste or
organic waste and the composting, mulching, and/or transformation thereof.
4. SCOPE OF SERVICE:
(a) CONTRACTOR shall furnish all labor, material, facilities and equipment necessary, except
for those vehicles and equipment which the CITY shall license to CONTRACTOR pursuant to Section
11 herein, for the collection of all Solid Waste originating, generated and/or accumulated by any person
within CITY boundaries, as they now exist or may hereafter exist, and shall transport, process, Recycle,
divert by means of composting, mulching and/or transforming and/or dispose of said Solid Waste in
compliance with the terms of this Agreement.
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(b) All Solid Waste collected by CONTRACTOR within the CITY shall not be commingled in
equipment and/or vehicles used by CONTRACTOR, whether such equipment and vehicles are owned
by or licensed to CONTRACTOR pursuant to Section 11 herein, with Solid Waste from any other
jurisdiction or person from outside the CITY limits; however, in the event of an emergency vehicle
breakdown, a vehicle from a neighboring jurisdiction may complete the route of the vehicle which
broke down. In this case, the CONTRACTOR must notify the CITY in writing within twenty four (24)
hours of such emergency breakdown and must also provide the CITY with the allocation of tonnages
contained in the vehicle.
5. COLLECTION HOURS:
(a) All collections from residential areas shall be made between the hours of 6:00 a.m. and 6:00
p.m. Collections from commercial and industrial locations greater than I00 feet from residential units
may start at 3:00 a.m. and must terminate by 9:00 p.m., however, if complaints are received from such
residential units, the Executive Director may direct that collections in such areas shall be made between
the hours of 6:00 a.m. and 6:00 p.m. and in that event CONTRACTOR agrees to comply with such
order.
(b) Notwithstanding section (a) above, Solid Waste collected pursuant to Section 13 hereto
shall be collected pursuant to the provisions contained therein.
6. HOLIDAYS:
Where, on a given route, the day of collection would be a legal holiday, CONTRACTOR shall
collect along said route on the work day next following said Legal holiday and collection on each day
during said holiday week shall be similarly delayed one day. Legal holidays for the purpose of this
Agreement shall be New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, Christmas Day and such other days as maybe mutually agreed upon in advance by the parties.
7. FREQUENCY OF COLLECTIONS:
The Contractor will collect all Solid Waste from all areas of the CITY at least once each week
and in addition will provide more frequent service for those Customers using the Bin Services or Rol1-
Off Services supplied by CONTRACTOR if requested by a Customer or if required by the CITY.
Contractor shall provide additional collection services as set forth in Sections 14 (e) and (f).
8. MAINTENANCE OF SCHEDULES:
Presently existing routes, schedules and times for collection of Solid Waste shall be maintained
but may be changed by authorization of the Executive Director and at least one week's advance
notification by CONTRACTOR to occupants of the buildings in the area where the changes are to be
made.
9. EXCLUSIVENESS OF AGREEMENT:
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The CONTRACTOR shall have the exclusive duty, right and privilege to collect, transport,
process, Recycle, divert by means of composting, mulching, and/or transforming, retain and dispose of
all Solid Waste, as defined in this Agreement, generated and/or accumulated within the CITY, except
as provided below. CONTRACTOR recognizes that this grant of exclusiveness is subject to the
restraints provided in Public Resources Code Sections 49520 et seq.
(a) The grant of exclusiveness shall not include Construction and Demolition Solid Waste
which has accumulated and/or been generated at a temporary construction site and which is being
disposed of in roll-off containers or in bins.
(b) This Agreement shall not prohibit the persons who generate Solid Waste, or the persons
who own the premises upon which solid waste has been generated or accumulated, from personally
collecting, transporting and disposing of their own Solid Waste so long as they dispose of such Solid
Waste at a site permitted by the California Integrated Waste Management Board in accordance with all
governing laws and regulations.
(c) This Agreement shall not prohibit the persons who generate Solid Waste, or the persons who
own the premises upon which Solid Waste has generated or accumulated, from: (1) selling their
Recyclable Solid Wastes, or, (2) donating their Recyclable Solid Wastes; provided, however, that in
both instances: (a) the person must, on its premises, personally segregate (by Waste Type) from other
Solid Waste the Recyclable Solid Waste to be sold or donated, and (b) the person may not pay the
buyer or the donee any sums, consulting fees or other fees in lieu of charging for collection, or other
tangible consideration for collecting, Processing or transporting such segregated Recyclable Solid
Wastes. A person who simply receives a discount of, or reduction in, the collection and disposal
service rates of its unsegregated Solid Waste shall not be deemed to be selling or donating Recyclable
Solid Wastes for purposes of this exception.
(d) This Agreement shall not prohibit a gardener, tree trimmer or person engaged in landscape
maintenance who has a business license to operate in the CITY from collecting yard waste or other
organic Solid Wastes which it generates as an incidental portion of providing its licensed services. Any
yard waste or other organic Solid Waste collected pursuant to the exception provided by this subsection
must be transported by the gardener, tree trimmer or person to a composting facility permitted by the
California Integrated Waste Management Board in accordance with all laws and regulations.
(e) This Agreement shall not prohibit collectors of Solid Waste originating outside the CITY
from hauling such Solid Waste over CITY streets, provided such collectors comply with any governing
laws or ordinances.
(f) CONTRACTOR'S right to collect and/or dispose of Solid Waste shall not be exclusive in the
event of a failure to collect under Section 34 of this Agreement during which CONTRACTOR fails to
maintain substantially complete regular collection services pursuant to this Agreement and the
collection schedules then in effect, for any reason, including a strike by CONTRACTOR'S employees
or similar labor dispute. The CITY may provide for collection and/or disposal by persons other than
CONTRACTOR during such periods and may permit the public to obtain collection and/or disposal
25A-16
services from persons other than CONTRACTOR during such periods, including CONTRACTOR'S
Bin and/or Roll-Off Service Customers.
(g). CONTRACTOR shall not have the exclusive right to collect and dispose of Solid Waste by
providing Bin and/or Roll-Off Service if the conditions stated in Section 28(c) are applicable.
(h) In exchange for the exclusive rights guaranteed above, CONTRACTOR shall provide to the
City a one million ($1,000,000.00) payment on July 1, 2005 with an additional five hundred thousand
($500,000.00) per year to be paid monthly beginning July 1, 2006 and continuing each year until
expiration of this Agreement. The initial $1,000,000 payment will be made by CONTRACTOR upon
execution of this Agreement or on January 1, 2006, whichever occurs later. The additional $500,000
annual payment will be deducted monthly beginning July 1, 2006 on a pro rata basis from the curbside
service payments. However, neither payment will affect the rates that customers are currently paying.
10. SOLID WASTE PROGRAM SURCHARGE:
(a) CONTRACTOR shall pay to the CITY a Solid Waste program surcharge based upon the
Gross Receipts received by CONTRACTOR. This surcharge is now set at an amount equal to 12.8
percent of said Gross Receipts. This amount may be increased by resolution of the City Council and,
whenever said surcharge is increased by resolution of the City Council, CONTRACTOR shall be
permitted to pass through to both its Bin Service and Roll-Off Service Customers one hundred (100%)
percent of the amount of such increase.
(b) Invoices submitted to Customers by CONTRACTOR shall not reference the aforementioned
surcharge. Payments to the CITY of said Solid Waste surcharges shall be made to the CITY on a
monthly basis and shall be due and payable on or before the last calendar day of the following month.
Accompanying each payment will be a listing of the Gross Receipts for that corresponding month.
CONTRACTOR shall, whenever requested to do so, make available such records to the Executive
Director at any reasonable time.
(c) Failure of CONTRACTOR to make any of the payments provided for in section (a) above
on or before the dates due will result in a penalty of ten (10%) percent per month to CONTRACTOR.
11. AUTOMATED SYSTEM
(a) LICENSE: The CITY grants to the CONTRACTOR an exclusive license to use the Solid
Waste collection and Recycling vehicles and Solid Waste collection and Recycling carts listed on
Exhibit "A", attached hereto and incorporated herein by this reference (hereinafter referred to
collectively as "the Licensed Equipment"), for a period of time coterminous with the term of this
Agreement. This license to use the Licensed Equipment shall not be deemed an equipment lease but,
rather, a personal property license to use the Licensed Equipment pursuant to the specific terms,
covenants, obligations and provisions of this Agreement. CONTRACTOR may not use the Licensed
Equipment for any other purposes or business. This license is personal to the CONTRACTOR and
shall not be assigned. It is the intent of the parties hereto that the Licensed Equipment shall be
sufficient to permit CONTRACTOR to adequately perform its performance obligations under this
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Agreement. If at any time, or from time to time, the Licensed Equipment is not adequate for
CONTRACTOR to meet such obligations, or, the Solid Waste collection and Recycling vehicles
licensed pursuant to this section need to be replaced for any reason, including loss, CONTRACTOR
shall be responsible for providing any and all additional or replacement Solid Waste collection and
Recycling vehicles and any and all additional Solid Waste collection and Recycling carts as may be
necessary for the collection, Recycling and disposal of all Solid Waste for which it is responsible under
this Agreement.
(b) FINANCING: The Licensed Equipment being provided to CONTRACTOR pursuant to
section (a) hereunder is being acquired pursuant to that certain "Installment Purchase Contract" ("IPC")
between the CITY and the California Environmental Finance Corporation ("CEFC") dated June 1,
1996, a copy of which is on file with the Clerk of the Council and which is incorporated herein by this
reference. CONTRACTOR hereby acknowledges the flow of funds and priority of revenues set forth
in Section 3.06 of the IPC, which is further summarized on pages 12 and 13 of the Official Statement
accompanying the issuance of the tax exempt Certificates of Participation ("C.O.P.s") which have been,
or will be, issued by CEFC to raise the funds necessary for it to purchase the Licensed Equipment.
While not required to do so, CEFC has agreed to acquire the Licensed Equipment in accordance with
the competitive bidding procedures set forth in Section 421 of the CTTY'S municipal charter. The
CITY agrees to take all necessary action and execute all necessary documents to facilitate the issuance
of the C.O.P.s and to approve an excess proceeds certificate authorizing an excess proceeds prepayment
of the C.O.P.s as provided in Sections 3.11 and 4.01(b) of that certain "Trust Agreement" by and
among the CITY, CEFC and Harris Trust Company of California, a copy of which is on file with the
Clerk of the Council and which is incorporated herein by this reference.
(c) MAINTENANCE OF LICENSED EQUIPMENT: CONTRACTOR shall, at its own
expense, maintain and preserve the Licensed Equipment in good repair and working order at all times
and will operate the Licensed Equipment in an efficient and economical manner and will pay all
maintenance and operation costs of the Licensed Equipment as they become due and payable. On or
before the first day of each fiscal year, CONTRACTOR will prepare a budget setting forth the
estimated maintenance and operation costs of the Licensed Equipment for such fiscal year.
(d) OPERATION OF LICENSED EQUIPMENT: CONTRACTOR shall be fully responsible
to the CITY for the storage, operation, maintenance and management of the Licensed Equipment.
CONTRACTOR shall distribute the Solid Waste collection and Recycling carts (one for Recyclable
Solid Waste, one for Yard Waste and one for non-Recyclable Solid Waste) to each Curbside Service
Unit throughout the CITY. CONTRACTOR will utilize the Licensed Equipment solely to collect,
recycle and/or dispose of Solid Waste generated within the CITY for which it is responsible pursuant to
this Agreement.
(e) FUEL FOR LICENSED EQUIPMENT: All fuel required for the operation of the Licensed
Equipment pursuant to this Agreement shall be purchased by the CONTRACTOR. CONTRACTOR
shall be responsible for the costs of such fuel and all costs associated therewith.
(f) OPTION TO PURCHASE: At such time as the C.O.P.s used to finance the Licensed
Equipment are paid in full or otherwise satisfied or demised, the CONTRACTOR shall have a ninety
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(90) day option during which it may purchase the Licensed Equipment from the CITY for the then fair
market value thereof. Exercise of this option shall be made by written notice from the CONTRACTOR
to the Executive Director. CITY and CONTRACTOR shall, within thirty (30) days after such exercise,
each select a licensed appraiser in the field to determine said fair market value. The appraisers shall
submit their appraisals to both parties within thirty (30) days after their selection, and the average
between their appraised values shall be deemed to be the fair market value. If CONTRACTOR desires
to purchase the Licensed Equipment, it must tender the full fair market value to the CITY within forty
five (45) days after both appraisers have delivered their appraisals. If either appraiser fails to act within
the terms of this option or if either party hereto fails to select an appraiser, the determination of the sole
appraiser shall be binding. The CONTRACTOR shall bear the expense of both appraisers. The CITY
agrees that if CONTRACTOR elects to exercise this option it will, after tender of the full purchase
consideration, do all things proper and necessary to transfer full title, free and clear of all liens and
encumbrances, to the Licensed Equipment to CONTRACTOR or its assignors. Should
CONTRACTOR not exercise this option to purchase the Licensed Equipment then, at the termination
of the license granted herein, CONTRACTOR shall surrender possession of the Licensed Equipment to
CITY in good order and repair to the satisfaction of CITY, normal wear and tear excepted. Proceeds
from the sale of the Licensed Equipment are the property of the City.
(g) REPLACEMENT OF RESIDENTIAL AND COMMERCIAL COLLECTION VEHICLES:
Once the City-owned collection vehicles, as described in Exhibit A and this Section have reached
the end of their useful lives, the CONTRACTOR will provide at its expense, new low-emission
collection vehicle replacements which meet or exceed the emission requirements of all Federal, State
or Local air quality laws or regulations. The CONTRACTOR will begin the process of replacing all
residential and commercial collection vehicles, starting with the oldest trucks in 2006 with the goal
of completing all truck replacements by 2012. All residential collection vehicles will display the
City's recycling logo. The CONTRACTOR will also replace the Solid Waste collection and
Recycling plastic carts as described in Exhibit A with new carts as needed. All replacement vehicles
and carts provided shall be owned and operated by the CONTRACTOR.
12. COLLECTION POINTS AND REQUIREMENTS:
(a) CONTRACTOR shall not be required to collect Solid Waste from any Curbside Service
Unit unless the same is placed on the curb along a public or private street, or along an alley having
street access at both ends, and is placed in Solid Waste collection and Recycling plastic carts provided
to the Curbside Service Unit by CONTRACTOR and is prepared for collection in a manner prescribed
by the CTTY'S regulations covering the same. Under no circumstances shall CONTRACTOR be
required to pick up and collect any material or matter which is not Solid Waste as defined in this
Agreement, or to pick up and collect any Solid Waste from Curbside Service Units which does not
comply with the following standards and limitations:
(1) All Solid Waste shall be placed in the Solid Waste collection and Recycling plastic
carts provided by CONTRACTOR to each Curbside Service Unit pursuant to the following:
(a) Non-Recyclable Solid Waste shall be placed in burgundy plastic carts
provided by CONTRACTOR;
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(b) Recyclable Solid Waste shall be placed in grey plastic carts provided by
CONTRACTOR; and,
(c) Yard Waste shall be placed in green plastic carts provided by
CONTRACTOR.
(2) All non-Recyclable Solid Waste, Recyclable Solid Waste and Yard Waste shall be
placed in the appropriate Solid Waste collection and Recycling plastic carts adequate to eliminate
overflow or contamination of surrounding areas. Any non-Recyclable Solid Waste, Recyclable Solid
Waste and/or Yard Waste which is not placed in a Solid Waste plastic cart which has been provided to
the Curbside Service Unit will not be picked up; and,
(3) Large, heavy items, including, without limitation, water heaters, couches, tables,
refrigerators, stoves, and large pieces of furniture or household equipment shall be considered bulky
items which maybe disposed of under the provisions of Section 21.
(b) The aforementioned requirements to place non-Recyclable Solid Waste, Recyclable Solid
Waste and Yard Waste in appropriate Solid Waste collection and Recycling plastic carts shall not apply
to Christmas trees properly placed for collection.
(c) Whenever any Solid Waste that does not comply with the above standards and limitations is
not collected by CONTRACTOR, CONTRACTOR shall leave a notice, the format of which is subject
to the approval of the CITY, indicating the reason for non-collection at such Curbside Service Unit.
Said notice shall also contain the CONTRACTOR'S business name and his local telephone number. A
copy of said notice shall be delivered, or sent via telephone facsimile, to the CITY upon request by the
Executive Director and, if the reason for noncollection is not corrected within seven (7) days,
CONTRACTOR shall notify the CITY as to this continued noncollection.
13. SERVICES TO BE PROVIDED BY CONTRACTOR TO CITY FOR CITY
OPERATIONS:
(a) CITY GOVERNMENT OPERATIONS: CONTRACTOR shall collect all Solid Waste and
Construction and Demolition Solid Waste which is generated by CITY government operations at no
cost to the CITY. The CITY shall provide CONTRACTOR with a list of locations of bins and/or roll-
off containers from which such Solid Waste shall be collected. Said list may be modified by time to
time by the Executive Director. Solid Waste generated by such CITY operations shall be collected by
CONTRACTOR per a schedule provided to CONTRACTOR by the Executive Director which
schedule shall be approved between the CONTRACTOR and the Executive Director.
(b) STREET SWEEPING: The CONTRACTOR will coordinate with the Executive Director
to ensure that Solid Waste collection is compatible with the CITY'S street sweeping operations.
CONTRACTOR will be required to complete their designated routes each day so as not to interfere
with the CITY'S street sweeping operations.
(c) NEIGHBORHOOD CLEANUPS: The Contractor shall supply rolloff containers for
CITY sponsored neighborhood cleanups at no cost to the CITY. The number of roll off containers shall
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not exceed a maximum total number of three hundred (300) containers annually.
Notwithstanding the above, at any time that the CITY determines that the number of collections
and/or the number of roll-off containers provided for in section (c) is not adequately meeting the
CITY'S needs, then the CITY and CONTRACTOR agree to meet and confer regarding these
provisions, and may, by mutual agreement, modify the number of collections and/or roll-off containers.
14. COLLECTION, RECYCLING, YARD WASTE DIVERSION AND DISPOSAL
REQUIREMENTS:
(a) CURBSIDE SERVICE: CONTRACTOR shall provide each Curbside Service Unit within
the CITY with a minimum of three (3) Solid Waste collection and Recycling plastic carts. Any
provision of less than three (3) such plastic carts to any Curbside Service Unit shall be approved by the
Executive Director. Each Solid Waste plastic cart shall be a different color as described in Section 12
above. CONTRACTOR shall be required to collect contents of each Solid Waste plastic cart once per
week and CONTRACTOR shall be required to process the contents of said plastic carts as follows:
(1) Non-Recyclable Solid Waste Collection and Recycling Plastic Carts: Contents of
plastic carts containing Solid Waste shall be hauled directly to a legally authorized Disposal Site
pursuant to subsection (e) herein.
(2) Recyclable Solid Waste Collection and Recycling Plastic Carts: The contents of
containers containing Recyclable Solid Waste shall be hauled to a Material Recovery Facility ("MRF"),
which MRF shall be acceptable to the CITY, for Processing and diversion. All Solid Waste transported
to said MRF shall be processed and the portion thereof which is recyclable shall be recycled by Waste
Type in amounts so as to comply with CIWMA and the CITY'S Source Reduction and Recycling
Element ("SRRE"). In the event that the MRF approved by the CITY is not operated by the
CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility so as
to ensure the CITY'S compliance with CIWMA.
(3) Yard Waste Collection and Recycling Plastic Carts: The contents of the plastic
carts containing Yard Waste will be transported to a Composting Facility which meets all state, federal
and local laws for Yard Waste Diversion and which is acceptable to the CITY. CONTRACTOR shall
be responsible to ensure that the Yard Waste collected by CONTRACTOR is diverted in compliance
with CIWMA and the CTTY'S SRRE.
(b) BIN SERVICE: CONTRACTOR shall operate a Recycling program as described herein
for Bin Service. Such Recycling program shall require that CONTRACTOR take the Solid Waste in
bins which have clean "dry" loads to a MRF which is acceptable to the CITY for Processing and
diversion. CONTRACTOR shall guarantee that, at a minimum, fifty (50%) percent of the tonnage of
Solid Waste which is contained in bins and which is determined to have a high recyclable content will
be transported to a MRF. All Solid Waste which is transported to said MRF shall be processed and the
portion thereof which is recyclable shall be recycled by Waste Type in amounts so as to comply with
CIWMA and the CITY'S SRRE. In the event that the MRF approved by the CITY is not operated by
the CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility
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so as to ensure the CITY'S compliance with CIWMA. CONTRACTOR shall be permitted to transport
directly to a legally authorized Disposal Site those bins which are determined to have limited Recycling
potential due to food or other types of contamination. Any modifications to the above-referenced
percentage shall be approved by the Executive Director and shall be based on the diversion realized.
(c) ROLL-OFF SERVICE: CONTRACTOR shall process all Solid Waste collected from its
Roll-Off Service in compliance with the CITY'S SRRE and CIWMA. CONTRACTOR shall transport
all Solid Waste collected by the CONTRACTOR from roll-off service within the CITY boundaries to a
state permitted MRF, as provided in, and in compliance with, CIWMA, which MRF shall be acceptable
to the CITY. All Solid Waste transported to said MRF shall be processed and the portion thereof which
is recyclable shall be recycled by Waste Type in amounts so as to comply with CIWMA and the
CITY'S SRRE. In the event that the MRF approved by the CITY is not operated by the
CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility so as
to ensure the CITY'S compliance with CIWMA.
(d) TEMPORARY BIN SERVICE: CONTRACTOR shall process all Solid Waste collected
from temporary bins, not including Construction and Demolition Solid Waste, in compliance with the
CITY'S SRRE and CIWMA. CONTRACTOR shall transport all Solid Waste collected by the
CONTRACTOR from temporary bins within the CITY boundaries to a state permitted MRF, as
provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY. All Solid
Waste transported to said MRF shall be processed and the portion thereof which is recyclable shall be
recycled by Waste Type in amounts so as to comply with CIWMA and the CITY'S SRRE. In the event
that the MRF approved by the CITY is not operated by the CONTRACTOR, CONTRACTOR will be
responsible to subcontract for the use of such a facility so as to ensure the CITY'S compliance with
CIWMA.
(e) PARKWAY CLEAN-UP FOLLOWING GARAGE SALES: CONTRACTOR shall
provide 2 employees in a "front-loader vehicle that will devote 60 hours each six working days
following the quarterly garage sales to canvass the City neighborhoods in order to remove debris left in
the parkways after garage sales. CONTRACTOR shall transport all Solid Waste collected by the
CONTRACTOR from Parkway Cleanups within the CITY boundaries to a state permitted MRF, as
provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY.
(f) ALLEY CLEAN-UP FOLLOWING THE 1sT OF EACH MONTH: CONTRACTOR shall
provide 2 employees in a "front-loader vehicle that will devote 60 hours each six working days
following the first day of each month and six working days during the third week of the month to
canvas the City neighborhoods in order to remove debris left in alleyways following relocations.
CONTRACTOR shall transport all Solid Waste collected by the CONTRACTOR from Alley Cleanups
within the CITY boundaries to a state permitted MRF, as provided in, and in compliance with,
CIWMA, which MRF shall be acceptable to the CITY.
(g) DISPOSAL: CONTRACTOR shall be required to dispose of any and all Solid Waste
which is not recycled or diverted by means of composting, mulching and/or transforming pursuant to
the terms of this Agreement, at a legally authorized Disposal Site(s) as designated by the CITY. If
CONTRACTOR is directed to dispose of said Solid Waste at a location other than the County of
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Orange's Disposal Sites, both parties agree to meet and confer regarding any potential rate adjustments
which may be necessitated thereby. Should Disposal Sites become unavailable in Orange County at
any time during the term of this Agreement, CONTRACTOR hereby guarantees disposal at another
Disposal Site owned and operated by CONTRACTOR or an affiliate, and both parties agree to meet
and confer regarding any potential rate adjustments which may be necessitated thereby. Additionally,
CONTRACTOR hereby agrees and guarantees to the CITY that the CITY will be indemnified for
CERCLA liability for any Solid Waste collected by the CONTRACTOR in the CITY which is
delivered to CONTRACTOR'S landfill.
(h) CONTRACTOR will act as the contracting body and lead agency with the MRF and
Composting Facility with respect to this Agreement and shall be responsible for, and insure that, both
facilities act so as to meet the requirements of both this Agreement and CIWMA.
(i) CONTRACTOR hereby agrees and guarantees to the CITY that CONTRACTOR will do
each, every and all things required to ensure that all Solid Waste generated, produced or accumulated in
the CITY which is collected by CONTRACTOR will at all times be in full compliance with all of the
provisions of the CITY'S SRRE, CIWMA, and amendments thereto adopted hereafter, and will protect,
indemnify, pay, save, defend, and hold the CITY harmless from any and all loss, expense, damage,
fines, penalties and liability of every kind and nature whatsoever by virtue of any non-compliance with
such CITY and statutory requirements, provided, however, that CONTRACTOR shall not be
responsible to the extent Solid Waste is generated in the CITY and collected, processed or disposed of,
by other than CONTRACTOR. Further, CONTRACTOR agrees to protect, defend, with counsel
approved by the CITY, and indemnify CITY against any and all fines and/or penalties imposed by the
California Integrated Waste Management Board in the event that the diversion quantities contained in
the CITY'S SRRE, or any other requirement of CIWMA, are not met.
15. SYSTEM SAVINGS:
(a) SAVINGS PAYABLE TO CITY: In addition to the surcharge paid pursuant to Section 10
herein, CONTRACTOR has also agreed to pay to the CITY One Million Three Hundred Fifty One
Thousand Five Hundred Dollars ($1,351,500.00) in system savings each year during the term of this
Agreement. Such savings shall be deducted in monthly installments of One Hundred Twelve Thousand
Six Hundred and Twenty Five Dollars ($112,625.00) each from payments made to CONTRACTOR for
curbside service pursuant to Section 22 herein.
(b) POSSIBLE ADDITIONAL SAVINGS: The parties hereto have agreed that any additional
savings which may result from changes in the diversion percentages referred to in Section 14(b) above
shall be split evenly between the CITY and the CONTRACTOR. Such savings shall be the dollar
amount equal to the difference in the CONTRACTOR'S per ton cost for Processing and disposal of Bin
Service at a MRF and the per ton cost of disposal at a Disposal Site multiplied by the number of
additional tons taken directly to a Disposal Site. Any such additional savings shall be computed on a
monthly basis and such amounts shall be paid to the CITY by CONTRACTOR on or before the last
calendar day of each subsequent month.
16. CIWMA REPORTING REQUIREMENTS:
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CONTRACTOR shall prepare and submit to the CITY, on forms previously approved by the
CITY, all monthly or annual reports required of the CITY pursuant to the CIWMA. In addition thereto,
within sixty (60) days after the end of each calendar year, the CONTRACTOR shall provide to the
CITY an annual report which: (a) provides a collated summary of all the information contained in the
monthly reports referred to above; (b) provides a narrative description of all public awareness activities
of CONTRACTOR during the past one year which may have impacted Recycling participation; and (c)
provides a discussion of Recycling and source reduction program highlights and difficulties.
CITY may require additional reports from CONTRACTOR should the reports requested, or
submitted, pursuant to this section not satisfactorily fulfill the CITY'S requirements.
17. SRRE CONSULTANT:
(a) CONTRACTOR shall provide consultant services as necessary to modify the CITY'S
SRRE as required by either the County of Orange AB 939 Local Task Force and/or the State of
California. The consultant to perform such services shall be approved by the CITY. Such consultant
services shall be provided upon request by the CITY and shall be subject to final approval of the CITY.
The CONTRACTOR shall be responsible for a maximum cost for such services of twenty thousand
($20,000.00) dollars per fiscal year. Any costs incurred by the CONTRACTOR for services approved
by the CITY which exceed twenty thousand ($20,000.00) dollars per fiscal year shall be the
responsibility of the CITY as provided in section (b) below.
(b) CONTRACTOR shall submit a monthly report showing consultant services performed for
the preceding month. Subject to the approval of the Executive Director, any costs for approved
services which exceed twenty thousand ($20,000.00) dollars per fiscal year shall be made by the CITY
within thirty (30) days of receipt of said report for work satisfactorily performed.
18. PUBLIC EDUCATION SERVICES:
The CONTRACTOR shall be responsible for the provision of public education services as
provided in the CITY'S SRRE. These services shall include, but are not limited to, the following items:
(a) the production and distribution of a pamphlet containing trash regulations and holidays to all
Customers and Curbside Service Units on a yearly basis and to all new service starts at service
initiation;
(b) the production and distribution to all Customers and Curbside Service Units every year of
pamphlets concerning source reduction, Recycling and/or Yard Waste Diversion on an annual basis and
to all new service starts at service initiation;
(c) the performance, as needed, of community presentations on source reduction, Recycling and
Yard Waste Diversion, including the production of all presentation materials;
(d) the provision, as necessary, of technical assistance in the areas of source reduction,
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25A-24
Recycling and Yard Waste Diversion;
(e) the establishment and maintenance of a telephone hotline to receive calls from the public
and provide information concerning integrated waste management;
(f) cooperation in the production of an integrated waste management video for use by the CITY;
and,
(g) development and management of grants pursuant to the regulations contained in the
CIWMA and/or adopted by the California Integrated Waste Management Board including the
Department of Conservation and other governmental agencies that offer grants related to collection and
recycling services provided under the Agreement In fiscal year OS-06 CONTRACTOR will receive:
$5500 per month for the collection of used oil containers and filters. This includes all
manpower, vehicle, fuel, accounting and administrative costs associated with the collection program.
$75.00 per hour for grant administrator's time to develop and administer the grant programs.
This Section may be reasonably modified from time to time as deemed necessary and
appropriate by the Executive Director, including increased grant compensation paid to Contractor upon
a writing executed by the Executive Director. The CONTRACTOR shall be required to work with the
Executive Director in the preparation and production of the services listed and to proceed in the
rendering of such services as the CITY dictates. Any services required hereunder shall require the
Executor Director's approval prior to the execution thereof.
19. STANDARDS FOR COLLECTION, EQUIPMENT AND NOISE:
(a) Equipment and vehicles used by CONTRACTOR, whether owned by or licensed to
CONTRACTOR, for the collection and hauling of Solid Waste shall be used so as to assure, in the
reasonable opinion of the Executive Director, that adequate standards of collection will be maintained.
All loads in CONTRACTOR'S vehicles shall be kept completely covered at all times except when
material is actually being loaded or unloaded or where the vehicles are on route in the process of
collection. The collection equipment must be designed and operated in such a manner as to prevent
Solid Waste from escaping the vehicle. Any spillage of materials which occurs during the collection
process shall be immediately cleaned up by the CONTRACTOR at its expense. Further, all vehicles
used by the CONTRACTOR pursuant to this Agreement which are not owned by the CITY shall be
registered by CONTRACTOR with the Department of Motor Vehicles of the State of California. The
CONTRACTOR'S vehicles and equipment shall be subject to inspection by the CITY.
(b) It is the declared interest of the CITY that the CONTRACTOR be able to provide a variety
of sizes of bin and roll-off containers to meet the capacity requirements of commercial and residential
bin and roll-off container users. No material shall be permitted to leak, fall or be spilled on CITY
streets, alleys or highways. Any such leakage or spills occurring shall be immediately corrected and the
area cleaned at the CONTRACTOR'S expense. The equipment used must be maintained in good
mechanical condition and must employ adequate safety conditions for the operating personnel.
(c) All collections shall be made as quietly as possible and no unnecessarily noisy trucks or
17
25A-25
equipment shall be used. Employees of the CONTRACTOR who are unnecessarily noisy or who
violate the provisions of the State Motor Vehicle Code and/or any applicable CITY ordinance in the
collection of said materials shall be disciplined pursuant to CONTRACTOR'S performance standards.
(d) CONTRACTOR shall equip all Solid Waste collection and Recycling vehicles which
collect Solid Waste within the CITY with informational displays. The CITY shall advise
CONTRACTOR as to the messages which should be displayed while said vehicles are operating for the
CITY. The CITY may, at its option, have the messages to be displayed changed once per year.
20. MAINTENANCE OF BINS AND ROLL-OFF CONTAINERS:
(a) Bins and roll-off containers provided by CONTRACTOR shall be of a design and size to
contain, at all times, the contents therein in such a manner as to promote best possible housekeeping
conditions. Bins and roll-off containers supplied by the CONTRACTOR shall, at all times, be
maintained by it in a well-kept appearance and shall be marked with reflectorized material where such
bins and/or roll-off containers are or may reasonably be expected to be located in the public right-of-
way. Customers shall be responsible for the cleanliness, sanitation and deodorizing of such bins and
roll-off containers; provided, however, CONTRACTOR shall provide in its agreements with its
Customers for a bin or roll-off container cleaning service, including painting either as needed, at the
request of the Customer or at the request of the CITY, for a fee of twenty five ($25.00) dollars.
(b) Curbside Service Units shall be responsible for the cleanliness and sanitation of the Solid
Waste collection and Recycling plastic carts provided to such units.
(c) CONTRACTOR shall cause to have graffiti removed from bins within two (2) business
days and from roll-off containers within five (5) business days of a request by CITY to do so. Failure
to remove the graffiti within the required two (2) business days for bins and five (5) business days for
roll-off containers, excluding holidays, shall result in the assessment of a two hundred dollar ($200.00)
fine to the CONTRACTOR. CONTRACTOR may charge the user of a bin or roll-off container which
requires such graffiti removal a charge of twenty five ($25.00) dollars per incident.
(d) The Solid Waste collection and Recycling plastic carts receiving curbside service shall be
replaced where found by CONTRACTOR. The CITY reserves the right, upon submission of proof by
the Curbside Service Unit, to withhold sufficient compensation under this Agreement to adjust and pay
any claim for Solid Waste collection and Recycling plastic carts damaged by the willful or careless acts
of the employees of the CONTRACTOR. Repairs and replacement costs for said plastic carts shall be
borne by CONTRACTOR; provided, however, that such repairs and/or replacements costs shall not be
borne by CONTRACTOR when caused by the wanton or intentional destruction thereof by the
Curbside Service Unit. Curbside Service Units shall be billed by CONTRACTOR for replacements
caused by intentional or wanton destruction.
21. COLLECTION OF BULKY ITEMS:
In order to promote public sanitation and reduce fire hazards, CONTRACTOR shall provide to
all Curbside Service Units the service of curbside collection of bulky items such as couches,
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25A-26
refrigerators, rugs, water heaters, and other items of Solid Waste, which CONTRACTOR is not
required to collect under Section 12 because of size or weight, as follows:
(a) Upon request by a Curbside Service Unit within the CITY, CONTRACTOR shall provide
no more than two at-demand bulky item collections per year per Curbside Service Unit at no additional
cost. Each such Curbside Service Unit is limited to a maximum of four (4) bulky items (or twenty (20)
bags of yard waste) per pick-up request. Such collection services shall provide the opportunity of
having large objects, and other Solid Waste which is not required to be picked up pursuant to this
Agreement, picked up and processed properly. Requests by Curbside Service Units for such collections
shall be made directly to the CONTRACTOR who shall provide satisfactory telephone message
receiving, transmitting and response procedures and who shall be responsible for maintaining a log of
such large item collections. At demand pick ups shall be responded to by CONTRACTOR within a
reasonable time but no more than five (5) working days after such a request is received. Requests for
more than two (2) at-demand collections per year shall cost thirty ($30.00) dollars per collection and
shall be billed to the Curbside Service Unit requesting the additional collection by the
CONTRACTOR.
(b) CONTRACTOR shall provide assistance of removal of bulky items on private property to
senior citizens and the disabled at no cost.
(c) CONTRACTOR shall provide for the collection and recycling of televisions, computer
monitors and computer laptops as part of the Bulky Item collection program.
22. CURBSIDE SERVICE PAYMENTS:
(a) The CONTRACTOR shall establish rates for its provision of curbside services pursuant to
this Agreement. Such rates shall in no case exceed those set forth on Exhibit "C" attached hereto and
incorporated herein by this reference. The City shall collect on behalf of the CONTRACTOR the rates
established by the CONTRACTOR for said services. Rates collected and paid to the CONTRACOTR
shall be based on the total number of Curbside Service Units billed by the CITY for curbside service
during that month. CITY shall make billing records available to CONTRACTOR upon reasonable
notice for the purpose of auditing such records.
(b) Remittance to the CONTRACTOR of payments collected by the CITY for curbside service
shall on a monthly basis.
(c) Payments to be made to the CONTRACTOR shall be reduced each month by an amount
equal to the total monthly payment on the C.O.P.s. A monthly payment schedule of the maximum
amount of monthly payments on the C.O.P.s will be attached as Exhibit "D" once they are issued. The
payments to be made to CONTRACTOR shall not be reduced to the extent of any credits against
installment payments received by the CITY pursuant to Section 4.01 of the IPC.
23. RESIDENTIAL BIN SERVICE RATES:
(a) The CONTRACTOR shall receive compensation for supplying Bin Service to residential
19
25A-27
bin users by direct billing of the Customers receiving such service by means of separate agreements
entered into between the CONTRACTOR and each Residential Bin Service Customer. A copy of
every such agreement shall be made available to the Executive Director by CONTRACTOR.
(b) Rates for Residential Bin Service, including Gate Fees, Hauling Charges, Processing
Charges and any Recycling and Yard Waste Diversion, shall be established by the CONTRACTOR and
shall not exceed those set forth on Exhibit "C" attached hereto and incorporated herein by reference.
Such rates shall include a one (1%) percent charge based on Gross Receipts which shall be paid to the
CITY by CONTRACTOR on a monthly basis and which shall be due and payable on or before the last
calendar day of each month for the previous month. Said charge shall be used to offset a rate reduction
approved by the CITY for senior citizen and mobile home park Curbside Service Units.
CONTRACTOR shall make records containing Residential Bin Service available to the Executive
Director at any reasonable time.
24. COMMERCIAL/INDUSTRIAL BIN SERVICE RATES:
(a) The CONTRACTOR shall receive compensation for supplying Bin Service to
commerciaUindustrial bin users by direct billing of the Customers receiving such service by means of
separate agreements entered into between the CONTRACTOR and each such Bin Service Customer.
A copy of every such agreement shall be made available to the Executive Director by CONTRACTOR.
(b) Rates for CommerciaUIndustrial Bin Service, including Gate Fees, Hauling Charges,
Processing Charges and any Recycling and Yard Waste Diversion, shall be established by the
CONTRACTOR and shall not exceed those set forth on Exhibit "C" attached hereto. Such rates shall
include a one (1%) percent charge based on Gross Receipts which shall be paid to the CITY by
CONTRACTOR on a monthly basis and which shall be due and payable on or before the last calendar
day of each month for the previous month. Said charge shall be used to offset a rate reduction approved
by the CITY for senior citizen and mobile home park Curbside Service Units CONTRACTOR shall
make records containing CommerciaUlndustrial Bin Service available to the Executive Director at any
reasonable time.
25. ROLL-OFF SERVICE RATES:
(a) The CONTRACTOR shall receive compensation for supplying Roll-Off Service by direct
billing of the Customers receiving such service by means of separate agreements entered into between
the CONTRACTOR and each such Customer. A copy of every such agreement shall be made available
to the Executive Director by CONTRACTOR. Roll-off Service shall be provided at a minimum of
three (3) dumps per month per Customer.
(b) Rates for Roll-Off Services, including container delivery, collection, hauling and
transportation, shall be established by the CONTRACTOR and shall not exceed those set forth on
Exhibit "C" attached hereto. Such rates shall include a one (1 %) percent charge based on Gross
Receipts which shall be paid to the CITY by CONTRACTOR on a monthly basis and which shall be
due and payable on or before the last calendar day of each month for the previous month. Said charge
shall be used to offset a rate reduction approved by the CITY for senior citizen and mobile home park
20
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Curbside Service Units. CONTRACTOR shall make records containing Roff--Off Service available to
the Executive Director at any reasonable time.
26. COMPENSATION FOR GRANTS:
CONTRACTOR shall be permitted to obtain compensation in an amount approved by the
Executive Director for the management of grants pursuant to Section 18(g) herein.
27. ADJUSTMENTS TO CHARGES:
(a) HAULING AND PROCESSING CHARGES:
(1) PRICE INDICES: The two indices which will be used for determining adjustments
to Hauling and Processing Charges shall be the December Consumer Price Index ("CPI") for All Urban
Consumers (base years 1982-1984 = 100) for Los Angeles-Anaheim-Riverside CMSA, published by
the United States Department of Labor, Bureau of Labor Statistics and the December Producer Price
Index ("PPI"), Diesel Fuel #2 (#057303. When both indices are to be used to determine an adjustment
to the Hauling and Processing Charges, then the adjustment formula shall be as follows: the CPI shall
be weighted at ninety (90%) percent and the PPI shall be weighted at ten (10%) percent.
(2) CURBSIDE SERVICE: The Hauling Charges and Processing Charges for
curbside service shall be adjusted annually, using the CPI and PPI adjustment formula set forth in
subsection (a)(1) above without limitation; provided, however, that adjustments permitted to the
Hauling and Processing Charges during this time period shall be calculated at seventy five (75%)
percent of the CPI with a five (5%) percent maximum adjustment and a zero 0% percent minimum
adjustment per year.
(3) BIN SERVICE AND ROLL-OFF SERVICE: From July 1, 1997 until the
termination of this Agreement, the Hauling and Processing Charges for Bin Service and Roll-Off
Service shall be adjusted in accordance with the CPI and PPI adjustment formula set forth in subsection
(a)(1) above. Adjustments to the Hauling and Processing Charges for Bin Service and Roll-Off Service
shall be calculated at seventy five (75%) percent of the CPI with a five (5%) percent maximum
adjustment and a zero 0% percent minimum adjustment per year.
(b) GATE FEES: Should any increase or decrease in the Gate Fees charged by a Disposal Site
occur during the term of this Agreement, CONTRACTOR shall be permitted to pass through to both its
Bin Service Customers and its Roll-Off Service Customers and CITY shall pass through to its curbside
service users one hundred (100%) percent of such increase or decrease in the Gate Fees for that portion
of the Solid Waste which is taken to the Disposal Site. CITY shall pass through to CONTRACTOR
such increase or decrease in its curbside service payments to CONTRACTOR. Should a change in
Gate Fees become effective on July 1st of any year, the parties agree to utilize the tonnages from the
previous calendar year to determine the percentage of Solid Waste that is taken to the Disposal Site.
(c} SOLID WASTE PROGRAM SURCHARGE• Should any increase or decrease in the
Hauling and Processing Charge or the Gate Fees occur during the term of this Agreement,
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25A-29
CONTRACTOR shall be permitted to pass through to both its Bin Service and its Roll-Off Service
Customers the corresponding increase or decrease incurred by CONTRACTOR for the Solid Waste
program surcharge which CONTRACTOR is required to pay pursuant to Sections 10, 23(b) and 24(b)
herein.
(d) ADMIl~IISTRATNE COST: The Administrative Cost for curbside service shall be
adjusted annually. The Administrative Cost shall be adjusted using the CPI set forth in subsection (a)
(1) above; provided however, that adjustments shall be calculated at one hundred (100%) percent of the
CPI.
28. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REQUIREMENTS:
(a) The CONTRACTOR may enter into agreements with Bin Service Customers for special
collection services different from, in addition to, or greater than the minimum collection services
required by this Agreement. The special fees which CONTRACTOR may charge Bin Service
Customers are set forth on attached Exhibit "C."
(b) CONTRACTOR shall not be permitted to charge a special fee for moving a bin from
between buildings, other than the fees permitted as set forth on attached Exhibit "C". Further,
CONTRACTOR may not charge a fee when it is required to move its vehicles in reverse for purposes
of emptying a bin. Circumstances not covered by any of the above or on attached Exhibit "C" shall
require an inspection by the CITY prior to a determination of the charges which maybe imposed. The
decision of the Executive Director in respect to these charges shall be final. A brief explanation of each
special service charge must be included on every Customer's billing.
(c) In the event the CONTRACTOR is unable to provide temporary service to any Customer
within five (5) calendar days after receipt of a call by such Customer, the Executive Director may
permit any other licensed hauler to provide temporary service to such Customer if, but only if,
CONTRACTOR has not provided such service within twenty-four (24) hours after reasonable
notification by the Executive Director to CONTRACTOR.
29. MINIMUM SERVICE LEVELS -MULTI-FAMILY RESIDENTIAL BUILDINGS:
(a) CITY shall require that all residential buildings with three or more dwelling units be served
by Bin Service, except that CITY may waive such requirement for any residential buildings with four
(4) or more units existing on January 1, 1972 and for any residential buildings with three (3) units
existing on February 23, 1983, upon a determination that no lawfully usable space is available for such
container within the boundary lines of the subject property. The CONTRACTOR shall provide bin
containers of such capacity and collections of such frequency for residential buildings required to have
Bin Service by this section as to provide for Solid Waste collection of not less than one-half (1/2) of
one (1) yard of Solid Waste collection per dwelling unit per week. In all cases, collections shall be
made at least once per week. CONTRACTOR shall comply with any request by the Executive Director
to change the scheduled collection days for Residential Bin Service Customers, which is designed to
promote conformity of Bin Service collections in any specified area of the CITY to improve sanitation
or reduce noise.
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25A-30
(b) In the event that Solid Waste being disposed of at a Residential Bin Service building
exceeds the bin capacity for such building, CONTRACTOR shall notify the Executive Director who
shall cause an inspection to be made of the premises. If the Executive Director determines that there is
insufficient bin capacity at said location, he shall cause written notification to be given to the property
owner and/or person in possession of the property. Said notification shall contain the date of the
reported overflow of Solid Waste from the bins. The notice shall also inform the property owner and/or
person in possession of the property that should another incident of overcapacity occur within thirty
(30) days following the date of the original incident, the property owner and/or person in possession of
the property will be required to increase the number of bins, the size of the bin, or the frequency of
collections, up to the equivalent of two (2) cubic yards per dwelling unit per week. In the event that
this should occur, the Executive Director shall determine whether to increase the number of bins or the
frequency of collections and CONTRACTOR shall furnish such additional services and shall be
entitled to compensation from the Customers to the same extent as if the Customer requested such
additional collections from the CONTRACTOR.
30. MINIMUM SERVICE LEVELS - COMMERCIAL/INDUSTRIAL BIN SERVICE AND
ROLL-OFF SERVICES:
City shall require that all commercial and/or industrial units and/or buildings be served by Bin
Service or Roll-Off Service; provided, however, that this requirement maybe waived by the Executive
Director. In the event that Solid Waste being disposed of at a commerciaUindustrial bin or roll-off
container unit exceeds the bin or roll-off container capacity for such building, CONTRACTOR shall
notify the Executive Director who shall cause an inspection to be made of the premises. If the
Executive Director determines that there is insufficient bin or roll-off container capacity at said
location, he shall cause written notification to be given both to the business and the property owner.
Said notification shall contain the date of the reported overflow of Solid Waste from the bin or roll-off
container. The notice shall also inform the business and property owner that should another incident of
overcapacity occur within thirty (30) days following the date of the original incident, the business
and/or property owner will be required to increase the number of bins or roll-off containers, or the
frequency of collections. In the event that this should occur, the Executive Director shall determine
whether to increase the number of bins or roll-off containers, the size of the bin or roll-off container, or
the frequency of collections and CONTRACTOR shall furnish such additional services and shall be
entitled to compensation from such Customers to the same extent as if the Customer requested such
additional collections from the CONTRACTOR.
31. SERVICE STANDARDS:
(a) The CONTRACTOR's office shall be accessible by a local or toll-free telephone number.
The CONTRACTOR'S office hours shall be open at a minimum from 8:00 a.m. to 5:00 p.m. Monday
through Friday and from 8:00 a.m. to noon on Saturdays. CONTRACTOR'S offices shall be closed on
Sundays and holidays. The CONTRACTOR shall have an answering machine in operation after
normal business hours, and on Sundays and holidays thus enabling the public to leave a message. The
CONTRACTOR shall have the capability of responding to the public in English and Spanish during
office hours.
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(b) CONTRACTOR may charge a delinquency fee of not more than ten (10%) percent per
month on accounts which have not remitted required payments within 30 days after the date of billing.
Should payment not be received within 45 days of billing, CONTRACTOR shall notify said Customer
on forms approved by the CITY that services maybe discontinued 15 days from the date of the notice if
payment is not made before that time. Upon payment of the delinquent fees, CONTRACTOR shall
resume collection on CONTRACTORS next regularly scheduled collection day. CONTRACTOR
shall provide the CITY with a bi-weekly list indicating the Customers which have had service ceased
due to nonpayment.
32. SUPERVISION:
Performance of each of the provisions of this Agreement shall be under the direction and
supervision of the Executive Director. The CONTRACTOR shall furnish the Executive Director every
reasonable opportunity of ascertaining whether or not the work is performed in accordance with the
requirements of this Agreement. The CONTRACTOR shall designate a person to serve as agent and
liaison between its organization and the CITY and shall maintain a telephone and a means for contact at
all times during periods of strike or other emergencies. The Executive Director may inspect the
CONTRACTOR'S operations, facilities and equipment at any reasonable time and the CONTRACTOR
shall admit him to make such inspections at any reasonable time and place.
33. TITLE TO SOLID WASTE:
Title to all Solid Waste collected pursuant to this Agreement shall be vested in
CONTRACTOR upon being placed at the curb for collection, or placed in a bin or roll-off container for
collection. CONTRACTOR expressly hereby reserves and is granted the right to retain, dispose of and
otherwise use such Solid Waste, or any part thereof, in any fashion and for any lawful purpose desired
by CONTRACTOR and to retain any benefit or profit resulting there from provided, however, that
CONTRACTOR first complies with this Agreement, the CITY'S SRRE and CIWMA.
34. FAILURE TO COLLECT:
(a) Should the CONTRACTOR materially and substantially fail to collect and recycle, divert
by means of composting, mulching and/or transforming or dispose of Solid Waste in accordance with
this Agreement and the collection schedules then in effect pursuant to Section 8, the CITY, after prior
written notice of not less than forty eight (48) hours to the CONTRACTOR, may collect, recycle, divert
and/or dispose of all or any part of such Solid Waste, or initiate services to cause or promote its
collection, Recycling, Yard Waste Diversion and/or disposal, using CITY employees and/or
independent contractors, and the CONTRACTOR shall be liable for all reasonable expenses thereby
incurred by the CITY.
(b) The CITY may give such notice for any specified individual omission by CONTRACTOR
in which event CONTRACTOR shall be allowed a reasonable time of not less than forty eight (48)
hours to remedy such omission. In the event of substantial nonperformance by CONTRACTOR for
any reason, including a strike of CONTRACTOR'S employees, the notice shall continue in effect with
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respect to Solid Waste originating thereafter as long as the omission continues. In addition to any other
lawful means of effecting reimbursement from the CONTRACTOR, such expenses may be deducted
by the CITY from money due or which may become due the CONTRACTOR. In addition, CITY shall
be permitted to take control and possession of the Licensed Equipment it owns pursuant to Section 11
herein and shall be allowed to use, without charge, any of CONTRACTOR'S other collection vehicles,
containers, and other equipment not then in actual use by CONTRACTOR which CITY shall deem
necessary to provide collection, Recycling, Yard Waste Diversion and/or disposal services pursuant to
this section. The right of the CITY to enter upon and use facilities and equipment as specified herein
shall extend for a period of ninety (90) days.
(c) Should CONTRACTOR fail to collect, recycle, divert by means of composting, mulching
and/or transforming, and/or dispose of Solid Waste in accordance with this Agreement,
CONTRACTOR shall be deemed to be in material default in the performance of its obligations of this
Agreement. In the event of such a material default, the reasonable time for correction pursuant to
Section 35 herein shall be seven (7) days.
35. DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT:
(a) In the event CONTRACTOR defaults in the performance of any of the obligations,
covenants or agreements to be kept, done or performed by it under the terms of this Agreement, or any
other applicable Federal, State, or local law or regulation, the CITY shall notify CONTRACTOR in
writing of the nature of such default.
(b) The Executive Director may, in such written instrument, set a reasonable time within which
correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for
correction shall be thirty (30) days from the receipt by the CONTRACTOR of such written notice. If
the CONTRACTOR cannot reasonably correct or remedy the breach within the time set forth in such
notice, CONTRACTOR shall still be required to commence to correct or remedy the violation within
such time as set forth in the notice and shall be required to diligently achieve such correction or remedy
as soon thereafter as possible.
(c) The Executive Director shall review the CONTRACTOR'S response to the notice of
deficiencies and shall either decide the matter and notify the CONTRACTOR of that decision in
writing, or, refer the matter to the City Council. A decision or order of the Executive Director shall be
final and binding on CONTRACTOR if the CONTRACTOR fails to file a "Notice of Appeal" with the
City Clerk within 10 days of receipt of the Executive Director's decision. Within thirty working days of
receipt of a Notice of Appeal, the City Clerk shall refer the appeal to the City Council for proceedings
in accordance with Chapter three of the Santa Ana Municipal Code.
(d) In such case, the City Council may set the matter for hearing. The City Clerk shall give
CONTRACTOR written notice of the time and place of the hearing. At the hearing, the City Council
shall consider the report of the Executive Director indicating the deficiencies, and shall give the
CONTRACTOR a reasonable opportunity to be heard.
(e) Based on the evidence presented at the public hearing, the City Council shall determine by
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Resolution whether this Agreement should be terminated. If, based upon the record, the City Council
determines that the performance of CONTRACTOR is in breach of any material term of this
Agreement or any material provision of any applicable Federal, State, or local statute or regulation, the
City Council, in the exercise of its sole discretion, may terminate forthwith the Agreement. The
decision of the City Council shall be final and conclusive. CONTRACTOR's performance under the
Agreement is not excused during the period of time prior to the City Council's final determination as to
whether such performance is deficient.
(f) The rights of termination or imposition of liquidated damages, as set forth in Section 36
hereof, are in addition to any other rights of CITY upon a failure of CONTRACTOR to perform its
obligations under this Agreement. The CITY further reserves the right to terminate CONTRACTOR's
Agreement or impose liquidated damages in the event of any of the following:
(1) If the CONTRACTOR practices, or attempts to practice, any fraud upon the CITY;
(2) If the CONTRACTOR becomes insolvent, unable, or unwilling to pay its debts, or
upon listing of an order for relief in favor of CONTRACTOR in a bankruptcy proceeding;
(3) If the CONTRACTOR fails to provide or maintain in full force and effect the
workers' compensation, liability or indemnification coverage as required by this Agreement;
(4) If the CONTRACTOR willfully violates any orders or rulings of any regulatory
body having jurisdiction over the CONTRACTOR relative to this Agreement, provided that the
CONTRACTOR may contest any such orders or rulings by appropriate proceedings conducted in good
faith, in which case no breach of this Agreement shall be deemed to have occurred;
(5) If the CONTRACTOR willfully fails to make any payments required under the
Agreement and/or refuses to provide the CITY with required information and/or reports in a timely
manner as provided in this Agreement; or,
(6) Any other act or omission by the CONTRACTOR which materially violates the
terms, conditions, or requirements of this Agreement, CIWMA, as it may be amended from time to
time, or any order, directive, rule, or regulation issued thereunder and which is not corrected or
remedied within the time set in the written notice of the violation.
(g) In addition to the remedies set forth herein, the CITY shall have the right to obtain damages
and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms
of this Agreement by CONTRACTOR, the CITY may suffer irreparable injury and incalculable
damages sufficient to support injunctive relief, to enforce the provisions of this Agreement and to
enjoin the breach thereof.
(h) If CONTRACTOR claims default by the CITY in the payment of any money due or alleged
to be due to CONTRACTOR pursuant to this Agreement, CONTRACTOR shall not be entitled to
cancel this Agreement if the CITY, within seven (7) days after receipt of notice of the claimed default,
deposits the amount in controversy into an interest bearing account in a commercial bank or lending
institution and maintains such deposit until such time as a final judicial decision or agreement between
the parties determines the rightful disposition of the said amount in controversy; provided that
CONTRACTOR shall be deemed to have waived all claims to the said amount if no agreement is
reached nor any legal proceeding initiated within ninety (90) days of the CONTRACTOR's service of
written notice of default on the CITY.
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36. LIQUIDATED DAMAGES:
(a) The CITY finds, and the CONTRACTOR agrees, that as of the time of the execution of this
Agreement it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall
be incurred by the CITY as a result of a breach by CONTRACTOR of its obligations under this
Agreement. The factors relating to the impracticability of ascertaining damages include, but are not
limited to, the fact that: (i) substantial damage results to members of the public who are denied Solid
Waste collection services or denied quality or reliable collection service; (ii) such breaches cause
inconvenience, anxiety, frustration, and deprivation of the benefits of this Agreement to individual
members of the general public for whose benefit this Agreement exists, in subjective ways and in
varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that
the monetary loss resulting from denial of services or denial of quality or reliable services is impossible
to calculate in precise monetary terms; and, (iv) the termination of this Agreement for such breaches,
and other remedies are, at best, a means of future correction and not remedies which make the public
whole for past breaches.
(b) Accordingly, the CITY may, in its discretion but after complying with the notice and
hearing procedures set forth in Section 35, assess liquidated damages of Five Hundred Dollars
($500.00) per day, for each calendar day that collection service is not provided by CONTRACTOR in
accordance with this Agreement. The amount of the liquidated damages shall be subject to an annual
CPI adjustment computed at one hundred (100%) percent of the CPI for All Urban Consumers (base
years 1982-1984 = 100) for Los Angeles-Anaheim-Riverside CMSA, published by the United States
Department of Labor, Bureau of Labor Statistics.
(c) The CITY finds, and the CONTRACTOR acknowledges and agrees, that the above
described liquidated damages provisions represent a reasonable sum in light of all of the circumstances.
Said liquidated damages sums shall be applicable to each calendar day of delay during which
CONTRACTOR has been found by the CITY to be in default after having been given the proper notice
and hearing set forth in Section 35 of this Agreement. The CONTRACTOR shall pay any liquidated
damages assessed by the CITY within ten (10) calendar days after they are assessed. If they are not
paid within the ten (10) day period, the CITY may order the termination of this Agreement.
37. USE BY CITY OF CONTRACTOR'S EQUIPMENT:
Upon cancellation of this Agreement by either party for any reason prior to the end of the period
specified herein as the term of this Agreement, the CITY shall take possession and control of all
vehicles and equipment which it has licensed to CONTRACTOR pursuant to Section 11 herein and
CITY shall also have the exclusive right to rent or lease and operate any or all trucks, trailers, tractors
and other items of equipment used by CONTRACTOR in the performance of the work specified in this
Agreement. Further, the City shall have access to the MRF and composting facilities used by the
CONTRACTOR for the Processing, Recycling and Yard Waste Diversion of Solid Waste produced or
accumulated within the CITY. The right of the CITY to enter upon and use facilities and equipment as
specified herein shall extend following the date of cancellation of this Agreement for a period of ninety
(90) consecutive calendar days. The rental prices to be paid the CONTRACTOR under this section
27
25A-35
shall be such to adequately reflect the most current rental prices prevailing in the County of Orange at
the date of termination.
Any moneys due the CONTRACTOR for rental of the equipment under the provisions of this
section maybe withheld by the CITY and used by it for the purpose of paying any outstanding liens or
payments due and unpaid upon the said equipment.
38. COMPLAINTS:
(a) The CITY shall record all complaints and communications received by the CITY from
persons and businesses being served under the provisions of this Agreement and all other incidents of
failure to perform in accordance with this Agreement noted by the CITY. The CONTRACTOR shall
be responsible to resolve such complaints within two (2) business days of receipt thereof.
CONTRACTOR shall likewise record all complaints received by CONTRACTOR in a daily log which
shall include the complaint, the communication, the date, time, complainant's name and address if
provided, and the nature, date and manner of resolution of the complaint. A copy of said log shall be
delivered to the Executive Director on a quarterly basis; however, the Executive Director reserves the
right to require the CONTRACTOR to deliver, or send via telephone facsimile, such records to the
Executive Director within twenty four (24) hours of receipt thereof.
(b) The failure of the CONTRACTOR to pick up Solid Waste which has been set out in the
proper manner shall be considered a missed pick-up, and the CONTRACTOR shall collect the material
from the service recipient within twenty-four (24) hours of the CONTRACTOR'S receipt of notification
of the missed pick-up. If the CONTRACTOR is notified of a missed pick-up by 9:00 a.m. the
following business day, the missed pick-up will be collected that same day. The CONTRACTOR shall
maintain a written record of all calls related to missed pick-ups and the service response provided by
the CONTRACTOR. Such records shall be made available for inspection upon request by the
Executive Director.
39. COMPENSATION REDUCTION DURING STRIKE PERIOD:
In the event that there occurs any period in which CONTRACTOR fails to maintain
substantially complete regular collection services pursuant to this Agreement and the collection
schedules then in effect, by reason of a strike or CONTRACTOR's failure to pay his employees, and
only if such period includes more than ten (10) normal collection days (weekdays), then the following
shall apply.
(a) The City Council may assess damages against the CONTRACTOR in an amount which
does not exceed the sum of the following:
(1) The expenses incurred by the CITY in providing collection, Recycling, Yard Waste
Diversion and/or disposal services pursuant to Section 34; and,
(2) Fifty percent (50%) of the amount by which CITY revenue from fees collected for
curbside service by the CITY from the public is reduced due to any reduction or refund of such fees
granted by the City Council to compensate such fee payers for the inconvenience experienced by them
28
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due to CONTRACTOR's failure to furnish full performance during such period.
(b) In assessing damages, the City Council shall take into account the CONTRACTOR'S efforts
to mitigate the inconvenience to the public receiving curbside service. In particular, CONTRACTOR
shall be given credit for Curbside Service Unit collections made by CONTRACTOR by having
damages assessed, subject to the above said maximum, in approximately the same proportion to the
compensation due CONTRACTOR for curbside service during the subject period as the number of
Curbside Service Unit collections which CONTRACTOR failed to make bears to the total number of
Curbside Service Unit collections which should have been made pursuant to this Agreement.
(c) In addition to any other lawful means of effecting recovery of the damages assessed against
CONTRACTOR the amount thereof maybe deducted by CITY from money due or which may become
due to the CONTRACTOR either in single sum or in installments. In the event CONTRACTOR
objects to such assessment or set-off, it shall nevertheless maintain full performance under this
Agreement, reserving all rights to subsequently litigate the propriety or amount of the damages
assessed.
(d) Refunds or reduction of payments of CONTRACTOR'S Customers shall be the sole
responsibility of CONTRACTOR. CONTRACTOR covenants for the benefit of each such Customer to
grant a reasonable and fair refund or reduction or compensatory service; provided, however, that the
CONTRACTOR may condition such refunds or reductions or compensatory service upon the
Customer's filing of a claim for the same with the CONTRACTOR. To the extent Bin or Roll-Off
Service collections are made at CITY'S expense in the absence of CONTRACTOR's performance,
CONTRACTOR shall be liable to CITY for a proportionate amount of the Customers' payments due to
the CONTRACTOR.
40. FEES AND GRATUITIES:
CONTRACTOR shall not, nor shall it permit any agent, employee or subcontractor employed
by it to, request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity
for the collection of Solid Waste otherwise required to be collected under this Agreement, except such
compensation as is provided for in this Agreement. However, CONTRACTOR may make available to
Bin Service users special services as provided for in Section 28 hereof. CONTRACTOR may make a
direct charge in each instance for such service under a written agreement which shall be subject to the
approval of the Executive Director and at such rates as are reasonable, just and uniform for all persons
requesting such additional services. All such charges shall be collected by CONTRACTOR. Nothing
in this section or in this Agreement shall be construed, however, to require CONTRACTOR to render
services of any kind to any person to the extent such services are not specifically required by the
provisions of this Agreement, or to require that CONTRACTOR having rendered special or additional
services not provided for herein to one or more persons, to offer or render the same services to any
other person or entity.
41. LEGAL RELATIONS AND RESPONSIBILITIES:
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(a) Applicable Laws: CONTRACTOR shall at all times comply with all applicable provisions
of the Code, as now in effect or hereafter enacted, as well as all other applicable County, State and
Federal laws and regulations; provided, however, no amendment of the Code shall operate to change
CONTRACTOR's right to decline to pick up and collect any material or matter which is not Solid
Waste as defined in this Agreement or to decline to pick up and collect Solid Waste which does not
comply with the standards and limitations set forth in this Agreement, or otherwise operate to
materially impair the rights and privileges of CONTRACTOR hereunder. Should any state or federal
laws become effective after the date of execution of this Agreement which require modifications to the
terms hereof, the parties agree to meet and confer regarding any such modifications.
(b) Personnel: No employee of CONTRACTOR shall continue to be employed on any work
under this Agreement who is intemperate, discourteous, disorderly, inefficient or unduly noisy.
(c) Permits and Licenses: CONTRACTOR shall obtain all permits and licenses required of it
by City, County, State and Federal agencies.
(d) Workers' Compensation Policy: CONTRACTOR shall maintain in full force and effect
during the term of this Agreement, a workers' compensation policy in accordance with the provisions
and requirements of the Labor Code of the State of California and such other forms of insurance as
shall be required by law. The policy providing coverage shall provide that the insurance shall not be
suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days prior
written notice by certified mail has been given to the CITY. Waivers of Subrogation shall be in effect
for any claims asserted against the CITY which arise out of CONTRACTOR's operations and
CONTRACTOR shall have this clause endorsed on their Workers' Compensation policies.
(e) Public Liability Insurance: CONTRACTOR shall obtain, at its sole cost, and file with the
City Clerk of CITY, prior to exercising any right or performing any obligation pursuant to this
Agreement, and maintain for the period covered by this Agreement, a policy or policies of liability
insurance satisfactory to the City Attorney of CITY, naming CITY, its officers, agents and employees,
as insured or additional insured, which provides coverage for liability for any and all claims and suits
for damages or injuries to persons or property resulting from or arising out of the performance by
CONTRACTOR its officers, agents, or employees, or by CITY, its officers, agents, or employees
pursuant to Section 1 of this Agreement, of CONTRACTOR'S covenants hereunder, or any failure or
omission thereof.
Said policy or policies of insurance shall provide coverage for both bodily injury and property
damage in not less that the following minimum amount: One Hundred Million Dollars
($100,000,000.00) combined single limit and, in addition, Ten Million Dollars ($10,000,000.00) of
Environmental Impairment Liability coverage for bodily injury, property damage and cleanup costs as it
relates to the transportation of Solid Waste. Said insurance shall protect CONTRACTOR and CITY
from any claim for damages for bodily injury, including accidental death, as well as from any claim for
property damage which may arise from operations performed pursuant to this Agreement, whether such
operations be by CONTRACTOR itself, or by its agents, employees, and/or subcontractors. Such
policy or policies shall contain severability of interests clauses so that the rights and duties of the CITY
are clearly separate from CONTRACTOR'S interests. Said policy or policies shall also contain a
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provision that no termination, cancellation or change of coverage of insured or additional insured shall
be effective until after thirty (30) days prior written notice by certified mail thereof has been given to
CITY. CONTRACTOR shall give CITY prompt and timely notice of any claim made or suit instituted.
(f) Insurance Responsibility for CITY Owned Solid Waste Collection and Recyclin~ Vehicles:
This Agreement expressly and absolutely transfers the entire responsibility for any and all damage to
the CITY owned Solid Waste collection and Recycling vehicles, and any and all liability arising out of
the use of such vehicles, directly and completely to CONTRACTOR. This same transfer includes the
requirement that CONTRACTOR has expressly agreed to be contractually, fully and completely
responsible for complying with all of the State of California's Motor Vehicle Insurance laws, rules and
regulations. To be more specific, this includes having CONTRACTOR insure each and every CITY
Solid Waste collection and Recycling vehicle for auto liability and physical damage, including both
collision and comprehensive insurance. The amount of auto liability insurance shall be not less than
One Hundred Million Dollars ($100,000,000.00) combined single limit, covering auto bodily injury
and property damage for owned, non-owned and hired vehicles. Collision and Comprehensive
coverage shall be insured on an actual cash value basis. If the physical damage insurance is insured on
a loss-limit basis, the loss limit shall be equal to or exceed the actual cash value of all of the CITY
Solid Waste collection and Recycling vehicles. Insurers shall be currently rated by A.M. Best
Company with a minimum rating at A VII. The policy or policies shall contain severability of interest
clauses so that the right and duties of the CITY are clearly separate from CONTRACTOR'S interests.
The CITY, its officers, agents and employees shall be additional insureds. CONTRACTOR will verify
to CITY that adequate funds are available to pay any liability Self-Insured Retention, collision and
comprehensive deductibles, or other self-insurance plans approved by the CITY. Ninety (90) days or
more of prior notice for material change in coverage, exclusions and conditions or cancellation will be
endorsed onto CONTRACTOR'S policies in favor of the CITY. Loss Payee endorsements or similar
clauses will be endorsed onto CONTRACTOR'S property insurance policies protecting the CITY'S
Solid Waste collection and Recycling vehicles. Endorsements to all policies with policy declaration
pages will be required. Certificates of Insurance shall be provided prior to receiving insurer policy
endorsements.
(g) Indemnification: CONTRACTOR shall indemnify and save harmless CITY, its officers and
employees, against any and all damages to property or injuries to or death of any person or persons,
including property and employees or agents of CITY and shall defend, indemnify and save harmless
CITY, its officers and employees, from any and all claims, demands, suits, actions or proceeding of any
kind or nature, including, but not by way of limitation, workers' compensation claims, of or by anyone
whomsoever, directly or indirectly caused by, or arising out of a breach of a requirement of this
Agreement by the CONTRACTOR or any negligent or willful act or omission of CONTRACTOR or
any negligent or willful act or omission of the CONTRACTOR its employees or subcontractors in the
performance of this Agreement. CONTRACTOR shall procure and maintain, at its own cost and
expense, any additional kinds and amounts of insurance which, in its own judgment, maybe necessary
for its proper protection in the performance of the work. Insurance coverage specified in this
Agreement shall in no way lessen or limit the terms of this indemnification.
(h) Enforcement of Scope of Services: CONTRACTOR shall reimburse the CITY for any
costs incurred by the CITY in enforcing and potentially defending any challenges by any and all school
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and college districts regarding the Solid Waste collection regulations contained herein.
(i) Waivers: No acquiescence, failure or neglect of either of the contracting parties to insist on
strict performance of any or all of the terms hereof shall be considered as or constitute a waiver or any
term or condition of this Agreement or any performance required thereunder, or any remedy, damage or
other liability arising out of such refusal, neglect or inability to perform at any time.
42. SUBCONTRACTORS AND MANAGEMENT:
(a) The CONTRACTOR shall not subcontract this Agreement nor any part hereof without first
obtaining the consent of the City Council.
(b) CONTRACTOR shall designate the person to be in charge of administering this
Agreement. The CITY retains the right to reject said person at any time during the term of this
Agreement upon reasonable grounds. Should the CITY require the replacement of any
person so designated by CONTRACTOR, the CONTRACTOR shall have thirty (30) days within
which to designate, with the CITY'S approval, a new person.
(c) The CITY may cancel this Agreement pursuant to Section 35 or in the event of a breach of
the covenants in subsections (a) and (b) hereinabove.
43. ACCOUNTING AND AUDITING:
(a) The CONTRACTOR shall maintain financial records in accordance with generally
accepted accounting principles.
(b) CONTRACTOR shall make its records, reports, and methods of accounting available to the
CITY'S designated representative during normal business hours to allow the such person to review and
verify the information reported pursuant to this Agreement including, but not limited to, the
information reported pursuant to Section 16 hereof, the information reported pursuant to Sections 22
through 25 including, but not limited to, the tonnages reported therein, and the Gross Receipts reported
pursuant to Section 10 hereof.
(c) CITY shall make its billing records available to CONTRACTOR upon reasonable notice
for the purpose of auditing such records.
44. BOND:
The CONTRACTOR shall, prior to the initial date of the term of this Agreement, execute and
file with the City Clerk a surety bond in the penal sum of Two Million Dollars ($2,000,000.00)
conditioned upon the faithful performance of this Agreement by the CONTRACTOR and its
subcontractors, if any. Said bond may be written for a term of one year, and may thereafter be renewed
by certificate, provided however, that the CONTRACTOR agrees to maintain such bond or bonds in
force for the complete term of this Agreement.
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45. MEDIA RELATIONS:
The CONTRACTOR shall notify the CITY by facsimile of all requests for news media
interviews related to the CITY'S Solid Waste collection program within twenty-four (24) hours. Before
responding to any inquiries involving controversial issues, CONTRACTOR will discuss the proposed
response with the CITY. Copies of dra$ news releases or proposed trade journal articles shall be
submitted to CITY for prior review and approval at least two (2) working days in advance of release.
Copies of articles resulting from media interviews or news releases shall be provided to the CITY
within five (5) days after publication.
46. NOTICES:
Any notice required by this Agreement shall be sufficiently served if personally delivered or if
deposited into the U.S. Mail, postage prepaid, and if addressed as follows:
If served by CONTRACTOR upon CITY:
Executive Director of Public Works
Public Works Agency
City of Santa Ana
20 Civic Center Plaza M-21
Santa Ana, California 92701
If served by CITY upon CONTRACTOR:
David Ross
Senior District Manager
Waste Management
1800 South Grand
Santa Ana, California 92705
With a courtesy copy to:
West Group General Counsel
Waste Management, Inc
7025 N Scottsdale Road, Suite 200,
Scottsdale, AZ 85253
47. GENDER AND NUMBER:
As used herein, the masculine gender shall include the feminine and neuter, and the singular
shall include the plural.
48. VALIDITY:
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2 5A-41
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the
validity of the other provisions of this Agreement.
49. ASSIGNABILITY:
CONTRACTOR may not assign or transfer any rights, interests or duties or obligations of
performance under this Agreement, whether by assignment or novation, without the prior written
consent of the CITY; provided, however, that claims for money due or to become due to the CITY
under this Agreement may be assigned to a bank, trust company or other financial institution, or to a
trustee in bankruptcy, without such approval. This section shall not prohibit the assignment, merger or
transfer of any rights or interests herein to any other wholly owned subsidiary of Waste Management,
Inc. Notice of any assignment, merger or transfer shall be furnished to the CITY in writing within
seven (7) calendar days of such assignment, merger or transfer.
50. GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
hereinabove written.
CITY OF SANTA ANA
ATTEST:
By:
PATRICIA A. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
JAMES G. ROSS
Executive Director, Public Works Agency
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25A-42
DAVID N. REAM
City Manager
USA Waste of California, Inc.,
By:
Title:
EXHIBIT "A"
The Licensed Equipment
DESCRIPTION
Volvo FE42T, Class 7 Tractor
QUANTITY
23
Heil Rapid Rai132 Cubic Yard Trailer with 23
Automated Lifting Arm and Packer
Volvo WX64 Chassis
2
Heil Half-Pak Front Loading Body 2
Residential Wheeled Carts Per the Attached 120,000
Specifications
25A-43
SPECIFICATIONS
Solid Waste collection and Recycling plastic carts ("carts") for curbside service, City of Santa Ana,
California
Description
Size A: 35 gallon
Depth: 23.75 inches maximum (including handles)
Width: 19 inches maximum
Height: 35 inches maximum (to body rim)
Size B: 64 gallon
Depth: 27 inches maximum (including handles)
Width: 24 inches maximum
Height: 39 inches maximum (to body rim)
Size C: 96 gallon
Depth: 34.5 inches maximum (including handles)
Width: 26 inches maximum
Height: 43 inches maximum (to body rim)
All three sizes must be available in green, grey and burgundy.
Technical Requirements
1. Body: Carts shall be injection molded of virgin high density polyethylene plastic. The body
of the cart shall be molded to present a smooth interior and exterior surface. The body of the
carts shall have a minimum wear strip under the floor of %2 inch (protecting the floor from
abrasive contact with the street surface).
2. Material: Recyclable polyethylene, U.L. approved with a rating of HB or better.
Average Wall Thickness: Size A: Not less than .140 inch
Size B: Not less than .160 inch
Size C: Not less than .165 inch
Carts shall be suitable for use in temperature of >120° F to -20°F. All plastic and
component parts used in the construction of the carts shall be recyclable into other
polyethylene products. Crosslink resin is not acceptable. All carts shall be manufactured
with a minimum of 20% post consumer recycle content.
Carts shall be manufactured with a UV stabilizer. The UV stabilizer shall be added in the
solution during the polymerization, prior to pelletizing, compounding and molding.
Independent laboratory tests of the carts bid must accompany bid samples certifying
compliance as specified in part 2 of the detailed specifications.
2 5A-44
3. Wheels: Two (2) wheels with self-lubricating bearings with a minimum load rating of 120
lbs. per wheel. Wheels shall be attached to the axle via a tamper resistant snap-on method
which contains no metal components. No cotter pins, "Pal nuts" or similar restraining
devices shall be utilized to attach the wheel. All wheels shall be 1.75 inches wide. Wheels
shall be easily removed for replacement with anon-commercially available tool.
Wheel Sizes: Size A: 8 inches
Size B: 10 inches
Size C: 12 inches
4. Axles: Axles shall be solid steel and electro-plated with black zinc for durability and long
life. Carts should be designed in such a way as to prevent the axle from popping out. An
axle, which is only press fitted and not secured in some additional manner will not be
acceptable.
Axle Sizes: Size A: 5/8 inch
Size B: 6/8 inch
Size C: 7/8 inch
5. Lids: Lids shall be molded of the same material as the cart body and shall be permanently
attached to the cart body with plastic hinge(s). Metal fasteners are not acceptable. Lids
shall be watertight and slightly domed to facilitate run-off of rainwater. The lid shall be
designed to fold over parallel to the back side of the cart when fully opened. Lids shall be
factory assembled.
6. Locking Bar: The semi-automated lifting area shall be integrally molded with the body of
the cart. The locking bar shall be able to rotate a full three-hundred sixty (360) degrees and
shall be constructed of zinc-coated steel to prevent rust and corrosion. Plastic locking bars
are unacceptable.
7. Certification by a certified independent laboratory shall be required of the following
minimum standards and quality assurance measurements:
7.1 Drop Impact Test -material and weight shall be cold soaked at a temperature of not
less than -20 F for 24 hours and dropped within 60 seconds of leaving the cold
chamber. Carts shall remain watertight after a minimum drop height of 15 feet.
Test loads are as follows:
Size A: 1201bs. distributed
Size B: 1601bs. distributed
Size C: 1801bs. distributed
25A-45
7.2 Lift and Dump Test - shall verify the cart's compatibility with approved,
commercially available, standard dumping equipment. Test shall be performed at
room temperature with a cycle time that simulates lift, dump and return of 6
seconds. Carts shall remain watertight and functional beyond 6,000 cycles. Test
loads are as follows:
Size A: 1601bs. distributed
Size B: 2501bs. distributed
Size C: 350 lbs. distributed
7.3 WheeUAxle Test -shall verify the combined durability of the wheels, axle and cart
axle supports under fully loaded conditions. The two cycle tests shall be performed
at room temperature as follows:
Cycle 1 - with a rolling length of 75 feet and a 5" curb drop. Cart shall continue to
roll freely and be watertight after 1,000 drops.
Cycle 2 -repeated with a 5.5" stair drop. Cart shall continue to roll freely and be
watertight after 1,000 drops.
Test loads shall be as follows:
Size A: 125 lbs. distributed
Size B: 200 lbs. distributed
Size C: 3501bs. distributed
7.4 Salt Spray - ASTM B 117-90 corrosion tests shall be applied to the lift bracket for a
minimum of 96 hours and to the axle for a minimum of 500 hours. Bracket and axle
shall remain corrosion free.
8. Serial Number/Manufacture Date: Each cart shall be hot stamped with a seven digit, 1-%2"
high alphanumeric identification number on the front of the cart. An in-molded year/month
date wheel identification will be located on the bottom of the cart.
9. Markings: Each cart lid shall be clearly and permanently marked with the cart's size or
volume capacity.
9.1 Precautionary instructions shall be molded into the lids in English and Spanish as
follows:
Size A: Cart Capacity 35 Gallons
Do not overload or you may have difficulty controlling the cart.
Do not roll cart with lid open.
Do not put sand, soil, rocks or concrete in cart.
Maximum load 125 pounds.
Do not put anything hot such as ashes in the cart.
25A-46
Do not put paints, solvents, gasoline, oil, etc. in cart.
Size B: Cart Capacity 64 Gallons.
Do not overload or you may have difficulty controlling the cart.
Do not roll cart with lid open.
Do not put sand, soil, rocks or concrete in cart.
Maximum load 200 pounds.
Do not put anything hot such as ashes in the cart.
Do not put paints, solvents, gasoline, oil, etc. in cart.
Size C: Cart Capacity 96 Gallons.
Do not overload or you may have difficulty controlling the cart.
Do not roll cart with lid open.
Do not put sand, soil, rocks or concrete in cart.
Maximum load 250 pounds.
Do not put anything hot such as ashes in the cart.
Do not put paints, solvents, gasoline, oil, etc. in cart.
9.2 The hot stamp text area size shall be as follows:
Size A: 2%2" x 14"
Size B: 3%2" x 18"
Size C: 4%2" x 19"
10. References: Each bid shall include references of communities which have purchased like
sizes and quantities of carts. For each reference, carts shall currently be in service for a
minimum of 2 years.
11. Warranty: Each cart must be covered by a minimum 10 year warranty against materials and
manufacturing defects. The first five years (1 through 5) shall be with full warranty; years 6
through 10 shall be prorated.
25A-47
EXHIBIT "C"
Rates
Effective July 1, 2005
1.
2.
CURBSIDE SERVICE
Subject to the provisions of this Agreement, the City shall collect the rate of $14.93 on
behalf of the Contractor for curbside service. This rate represents the CONTRACTOR'S
rate of $12.14, the City's administrative cost of $2.48, and the NPDES cost of $.31 per
curbside service unit. The City shall collect the rate of $13.18 on behalf of the
CONTRACTOR for all qualifying senior citizen and mobile park curbside service units.
This rate represents the CONTRACTOR'S rate of $12.14, the City's administrative cost of
$0.73, and the NPDES cost of $.31 per curbside service unit. The City shall be permitted to
retain its administrative and NPDES costs. Rates for each additional solid waste collection
and recycling plastic cart shall be no greater than $2.00 per month.
RESIDENTIAL BIN SERVICE RATES
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than
the following rates for Residential Bin Service:
Monthly Rate
1 YARD BIN X 1/WEEK $73.04
1 YARD BIN X 2/WEEK $131.11
1 YARD BIN X 3/WEEK $189.15
1 YARD BIN X 4/WEEK $247.25
1 YARD BIN X 5/WEEK $305.26
1 YARD BIN X 6/WEEK $378.34
2 YARD BIN X 1/WEEK $78.70
2 YARD BIN X 2/WEEK $142.44
2 YARD BIN X 3/WEEK $206.17
2 YARD BIN X 4/WEEK $269.89
2 YARD BIN X 5/WEEK $333.63
2 YARD BIN X 6/WEEK $397.34
3 YARD BIN X 1/WEEK $114.30
3 YARD BIN X 2/WEEK $198.69
3 YARD BIN X 3/WEEK $283.00
3 YARD BIN X 4/WEEK $367.45
3 YARD BIN X 5/WEEK $451.81
3 YARD BIN X 6/WEEK $573.62
4 YARD BIN X 1/WEEK $134.95
4 YARD BIN X 2/WEEK $232.49
4 YARD BIN X 3/WEEK $330.01
4 YARD BIN X 4/WEEK $427.57
25A-48
4 YARD BIN X 5/WEEK
4 YARD BIN X 6/WEEK
$525.06
$674.94
CONTRACTOR may offer a discount in the Residential Bin rates to a Residential Bin
Service Customer if said Customer regularly segregates Recyclable Solid Waste and/or
Yard Waste by Waste Type in separate bins.
3
COMMERCIAL/INDUSTRIAL BIN
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than
the following rates for CommerciaUlndustrial Bin Service:
Monthly Rate
1 YARD BIN X 1/WEEK $58.33
1 YARD BIN X 2/WEEK $101.64
1 YARD BIN X 3/WEEK $145.01
1 YARD BIN X 4/WEEK $188.42
1 YARD BIN X 5/WEEK $231.74
1 YARD BIN X 6/WEEK $290.05
2 YARD BIN X 1/WEEK $64.23
2 YARD BIN X 2/WEEK $113.55
2 YARD BIN X 3/WEEK $162.82
2 YARD BIN X 4/WEEK $212.07
2 YARD BIN X 5/WEEK $261.36
2 YARD BIN X 6/WEEK $333.06
3 YARD BIN X 1/WEEK $92.62
3 YARD BIN X 2/WEEK $170.32
3 YARD BIN X 3/WEEK $247.96
3 YARD BIN X 4/WEEK $325.61
3 YARD BIN X 5/WEEK $403.25
3 YARD BIN X 6/WEEK $518.29
4 YARD BIN X 1/WEEK $121.04
4 YARD BIN X 2/WEEK $219.55
4 YARD BIN X 3/WEEK $318.11
4 YARD BIN X 4/WEEK $416.71
4 YARD BIN X 5/WEEK $515.26
4 YARD BIN X 6/WEEK $666.18
CONTRACTOR may offer a discount in the commerciaUindustrial bin rates to a
CommerciaUIndustrial Bin Service Customer if said Customer regularly segregates
Recyclable Solid Waste and/or Yard Waste by Waste Type in separate bins.
25A-49
4.
5.
ROLL-OFF SERVICE RATES
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than
the following rates for Roll-Off Services:
Container Size Haul Rate
10 Cubic yard $179.00
20 Cubic yard $179.00
40 Cubic yard $179.00
Additional Fee for Compactor
$37.29
$37.29
$37.29
In addition to the Roll-Off Service rates set forth above, CONTRACTOR may charge the
Roll-Off Service Customer for the actual Gate Fees paid at the Disposal Site or fees charged
at the Materials Recovery Facility.
SPECIAL BIN SERVICE RATES
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than
the following rates for Special Bin Services:
(A) A bin which needs to be moved in excess of twenty-five (25) feet in order to be
emptied maybe assessed no more than the following fees:
(1) Moving of bins 25 to 50 feet: $1.00 per month times the number of times
emptied each week.
(2) Moving of bins 51 to 75 feet: $2.00 per month times the number of times
emptied each week.
(B) A bin which possesses casters may be assessed a caster charge of no more than
$2.50 per bin per month.
(C) CONTRACTOR may apply a surcharge to bin Customers who use trash compactors
of not to exceed a multiplier of 1.5 times the normal bin rate for said service.
(D) CONTRACTOR may charge a special service charge of no more than $2.00 a
month times the number of times a week a bin is emptied for moving a bin out of an
enclosure.
(E) CONTRACTOR may charge a fee of no more than $54.83 per bin for an additional
bin pickup when such pickup is requested by a Customer.
(F) CONTRACTOR may charge a fee of no more than $2.00 per month to a Customer
who requests a bin with a lock.
25A-50
(G) CONTRACTOR may charge a reasonable fee for six (6) cubic yard Bin Service.
(H) CONTRACTOR may charge a reasonable fee for a plastic injection molded two (2)
cubic yard container.
(n CONTRACTOR may charge a fee of no more than $61.82 per bin to persons who
need temporary use of a three (3) cubic yard bin.
(J) CONTRACTOR may charge a reasonable fee for collection of Solid Waste on
difficult to service streets.
(K) CONTRACTOR may charge a fee of no more than $30.00 per occurrence for
overflowing bins.
6. EMERGENCY SERVICES
(A) The rate per vehicle hour with a two (2) person crew providing emergency Roll-Off
Service on an on-call basis shall be no more than sixty dollars ($60.00) for the term
of this Agreement.
(B) The rate per vehicle hour with a two (2) person crew providing emergency Bin
Services on an on-call basis shall be no more than sixty five dollars ($65.00) for the
term of this Agreement.
25A-51
WASTE MANAGEMENT HOLDINGS INC. (WMH) GUARANTEE
Name of Underlying Contract: Third Amended and Restated Agreement for Collection and
Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana
Date of Underlying Contract: June 19,1997
Beneficiary: CITY OF SANTA ANA, a municipal corporation of the State of California
Address: 20 Civic Center Plaza, Santa Ana, CA 92701
WMH Contracting Company: USA Waste of California, Inc., a Delaware corporation
TO THE BENEFICIARY IDENTIFIED ABOVE:
With respect to that certain underlying contract identified above (hereinafter the
"Agreement") dated as of the above specified date by and between the WMH Contracting Company
identified above (the "Contractor") and the beneficiary identified above (the "Beneficiary"), and
subject to the terms of this letter agreement (the "Guarantee"), Waste Management Holdings Inc., a
Delaware corporation (hereinafter "WMH"), hereby irrevocably and unconditionally guarantees to
the Beneficiary the performance of all obligations and the due and punctual payment of all amounts
payable by the Contractor to the Beneficiary under the Agreement when the same shall become due
and payable in accordance with the terms of the Agreement. Upon failure of the Contractor
punctually to perform or pay any such amounts, and upon written demand by the Beneficiary to
WMH at its address set forth below (or to such other address or person as WMH may specify in
writing), WMH agrees to perform or cause to be performed and to pay or cause to be paid such
amounts.
Notwithstanding the foregoing, WMH's obligations hereunder as to any claim, suit,
proceeding, event or other matter in respect of which the Beneficiary at any time shall be seeking
payment hereunder (referred to herein as "Guarantee Events") shall be subject to the preconditions
that (i) the Beneficiary shall have given written notice of such Guarantee Event to the Contractor
promptly after learning thereof, (ii) in the case of any failure by the Contractor to perform any
obligation under the Agreement, shall have afforded WMH a reasonable opportunity to cure such
failure, and (iii) there shall not have occurred and be continuing any material breach by the
Beneficiary of its obligations under the Agreement.
WMH hereby agrees that, except as expressly provided herein, its obligations hereunder
will be unconditional and will not be discharged except by complete payment or other lawful
discharge (other than by operation of Bankruptcy law) of the amounts due under the Agreement,
irrespective of any claim as to the lack of authority of the Contractor to execute or deliver the
Agreement, the absence of any action to enforce the Agreement, the failure to obtain any judgment
against the Contractor, the failure to commence any action to enforce a judgment against the
Contractor under the Agreement or any similar circumstance which might otherwise constitute a
legal or equitable discharge or defense of a guarantor generally.
25A-52
Except as set forth above, WMH hereby waives diligence, presentment, demand on the
Contractor for payment, filing of claims, requirement of a prior proceeding against the Contractor
and protest or notice, except as provided for in the Agreement with respect to amounts payable by
the Contractor. If at any time payment under the Agreement is rescinded or must be otherwise
restored or returned by the Beneficiary upon the insolvency, bankruptcy, or reorganization of the
Contractor or WMH or otherwise, W1VIH's obligations hereunder with respect to such payment shall
be reinstated upon such restoration or return being made by the Beneficiary.
WMH represents the Beneficiary as of the date hereof that:
(1) it is duly organized and validly existing under the laws of the jurisdiction of its
incorporation and has full corporate power and legal right to execute and deliver this Guarantee and
to perform the provisions of this Guarantee on its part to be performed;
(2) its execution, delivery, and performance of this Guarantee have been and remain
duly authorized by all necessary corporate action and do not contravene any provision of its
certificate of incorporation or by-laws or any law, regulation, or contractual restriction binding on it
or its assets; and
(3) this Guarantee is its legal, valid and binding obligation enforceable against it in
accordance with its terms except as enforcement hereof may be limited by applicable bankruptcy,
insolvency, reorganization, or other similar laws affecting the enforcement of creditors' rights or by
general equity principles.
By accepting this Guarantee and entering into the Agreement, the Beneficiary agrees that
WMH shall be subrogated to rights of the Beneficiary against the Contractor in respect of any
amounts paid by WMHA pursuant to the Guarantee.
WNII-I acknowledges that the Contractor is a direct or indirect subsidiary of WMH and that
WMH will receive substantial benefit from the performance of the Agreement.
Neither this Guarantee nor the Agreement may be amended without the advance written
consent of WMH and the Beneficiary. No amendment shall be effective unless set forth in a
written instrument so executed.
If WMH shall default in the performance of its obligations hereunder, WMH shall pay to
the Beneficiary all costs incurred by the Beneficiary in enforcing its rights hereunder against WMH,
including reasonable attorney fees and court costs.
Any notice or other communication required or permitted by the terms hereof shall be in
writing and shall be given in a commercially reasonable manner to WMH at 1001 Fannin, 40th
Floor, Houston TX 77002, Attention: General Counsel, or to such other address as WMH shall
specify in writing to the Beneficiary at its above-specified address or such other address as the
Beneficiary shall notify to WMH as provided herein.
25A-53
This Guarantee shall be governed by and construed in accordance with the internal laws of
the State of Illinois applicable to contracts made to be performed therein.
The Beneficiary's receipt and acceptance of this Guarantee shall constitute the Beneficiary's
acceptance of and agreement to each and every term hereof.
WASTE MANAGEMENT HOLDINGS, INC. RECEIVED AND ACCEPTED:
(Beneficiary)
By: By:
Its: Its:
25A-54
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
RENEW AGREEMENT WITH ALL CITY
MANAGEMENT SERVICES, INC. FOR
ADULT CROSSING GUARD PROGRAM
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s` Reading
^ Ordinance on 2n° Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to renew the agreement with All City Management
Services, Inc. for the Adult Crossing Guard Program for an additional one-
year term, in an additional amount not to exceed $851,855.
DISCUSSION
On January 18, 2005, Council approved a one-year agreement with All City
Management Services, Inc. (AGMs), to staff the Adult Crossing Guard Program
per the requirements specified in a Request for Proposal. The Adult
Crossing Guard Program ensures safe pedestrian movement of children around
elementary schools within Santa Ana. The Police Department's evaluation
over the past year has determined that ACMS has met all the requirements of
the agreement. Staff recommends a one-year renewal of this agreement as
the consultant has performed satisfactorily during the previous agreement
period.
FISCAL IMPACT
Funds for the first four months are available in the Police Department,
Traffic Division Other Contractual Services account (account no. 011-333-
6291). Funds for the last eight months of the renewal will be included in
the FY 06-07 budget.
APPROVED AS TO FUNDS AND ACCOUNTS:
Paul al
Chief of Police
Police Department
~s`yL~S~.~V e~ ' ~l t ~ ~
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency J,
25B-1
CLERK OF COUNCIL USE ONLY:
25B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
T1TLE:
AGREEMENT WITH FAAC INC. FOR
DRIVER SIMULATOR UPGRADE
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s` Reading
^ Ordinance on 2~ Reading
^ Implementing Resolution
^ Set Public Hearing For
_ z~/ `ev~--~"
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to execute an agreement with FAAC Inc. to purchase the
standard upgrade package for two driver simulators in an amount not to
exceed $240,000.
DISCUSSION
In 1999, the Police Department purchased two driver simulators from FAAC
Inc. for $197,000. The simulators have been used to teach police officers
safe driving skills and to provide remedial training in a protected and
controlled environment. Additionally, all officers are mandated to receive
sixteen hours of Perishable Skills training every two years. The driving
portion of the Perishable Skills training is taught using the simulators.
The two FAAC simulators are nearly seven years old and the average life
span of computer hardware is five years. The simulators have required
extensive service and repair during the past two years. Additionally, new
software is continually being developed which enhances the training value
of the simulators.
In order to continue with the necessary training of the police officers,
staff recommends an agreement with FAAC Inc. to lease the standard upgrade
package for the two driver simulators and a four-year extended warranty, in
an amount not to exceed $240,000 over a five-year period. The terms of the
agreement specifies monthly payments of $3,975.18 for five years, with an
option to purchase for $l, exercisable by the Chief of Police.
25C-1
IiLCRR Vr VVVI9N~L VJG v~~a.~.
Driver Simulator Upgrade
February 6, 2006
Page 2
FISCAL IMPACT
Funds for the first four months of the agreement are available in the
Police Department, Training Division Other Contractual Services account
(account no. 011-334-6291). Funds for the remainder of the agreement
period will be included in each FY budget. If Council chooses not to
budget the funds in any future year, the lease may be cancelled.
APPROVED AS TO FUNDS AND ACCOUNTS:
Pau/~ lters
Chief of Police
Police Department
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency~i
G°'
25C-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
AGREEMENT WITH CURBSIDE INC.
FOR USED BATTERY RECYCLING
PROGRAM
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s~ Reading
^ Ordinance on 2ntl Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with Curbside Inc. in
the amount not to exceed $9,000 to collect and recycle used batteries.
DISCUSSION
In 2004 the City's Environmental and Transportation Advisory Committee
(ETAC) requested that staff develop a battery recycling program for city
operations. On August 1, 2004 a six-month pilot program was implemented
at eight city locations at the Yard and in the Police Department. During
the pilot phase the program was well utilized and ETAC expanded the
program in 2005. Currently there are 16 recycling containers located
throughout City buildings.
Curbside Inc. provides the collection and recycling of the batteries,
once the containers are full. A new agreement with Curbside Inc. is
needed to continue the program. Because the City is also utilizing
Curbside Inc. to pick up and recycle household hazardous waste generated
by residents, this agreement is being submitted for Council approval even
though the limit of the agreement is $9,000.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action. The
recycling of batteries however will assist in the City's effort to reduce
the amount of waste that is being disposed.
r~ i~
Qdycaaon use
25D-1
Agreement With Curbside Inc.
For Used Battery Recycling Program
February 6, 2006
Page 2
FISCAL IMPACT
Funds to pay for this program are available in the refuse collection fund
(account no. 69-521-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
1 James G. Ross
Executive Director
Public Works Agency
~' C~ti'1c .'~ f
Francisco Gutierrez
Executive Director _~
Finance & Mgmt. Services Agency
25D-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
AGREEMENT WITH REDLANDS
SOFTWARE FOR GIS PROGRA
AND CONSULTING SERVICES
~duotion far
~~
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~` Reading
^ Ordinance on 2ntl Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with Redlands Software
Inc. to provide Geographic Information System programming and technical
services to the Public Works Agency for an amount not-to-exceed $120,000.
The Public Works Agency continues to expand the Geographic Information
System and is working on projects for agencies throughout the City.
Programming and technical services are needed to assist with the
implementation of these projects. The work to be done includes assisting
staff with project design and set-up, programming and technical database
support.
Several years ago staff solicited proposals for these services from
qualified firms. Redlands Software was selected based on their
qualifications, past experience and capacity to perform the required work
and an agreement was approved. Redlands has performed well and at this
time it is recommended that a new agreement with Redlands Software Inc.
be awarded for a not-to-exceed cost of $120,000.
FISCAL IMPACT
The proposed agreement will have a limit of $120,000. Funds to pay for
these services are available and budgeted in the Public Works
Administration account for contractual services (account no. 101-601-
6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
James G. Ross
Executive Director
Public Works Agency
Francisco Gutierrez
Executive Director
Finance & Management Services Agency k'~
25E-1
25E-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
r~'~
Equcation Iat
COOPERATIVE AGREEMENT WITH
CALTRANS FOR LANDSCAPING AT
STATE ROUTE 55 AND MACARTHUR
BOULEVARD INTERCHANGS (PROJECT
NO.. 06-1015)/' /'~
~~-'
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2n0 Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute a cooperative agreement with Caltrans
in the amount of $805,800 to design and install landscaping at the State
Route 55 and MacArthur Boulevard Interchange.
DISCUSSION
The Orange County Transportation Authority's (OCTA's) Interstate 405 (1-
405)/State Route 55 (SR-55) Interchange Improvement Project was completed
in October 2005. The Cities of Santa Ana, Costa Mesa, and the majority
of businesses in the area have requested replacement landscaping at two
key interchanges to repair the conditions that deteriorated significantly
during the four-year construction period.
On June 27, 2005, the OCTA Board authorized the execution of a
cooperative agreement with the cities of Costa Mesa and Santa Ana, in a
not to exceed amount of $1,343,000. This funding was allocated for the
design and installation of new landscaping at the I-405/Bristol Street
and SR-55/MacArthur Boulevard Interchanges. Santa Ana's share for the
SR-55/MacArthur Boulevard Interchange was $805,800.
On August 15, 2005, the City Council executed a cooperative agreement
with OCTA stipulating that we agreed to manage our landscaping project
and provide detailed monthly expenditure reports to OCTA. Further, we
agreed to fund any additional cost over the original amount allocated, or
reduce the scope of work to remain within the respective budget. A
funding transfer for the $805,800 was also authorized through the
cooperative agreement.
At this time, staff is requesting that the City Council authorize the
execution of a cooperative agreement with Caltrans in the amount of
25F-1
Cooperative Agreement With Caltrans
February 6, 2006
Page 2
$805,800 to design and install landscaping at the SR-55/MaArthur
Boulevard Interchange. The services that Caltrans will perform include
all necessary engineering and environmental documentation. Caltrans will
also advertise, award and administer the construction contract and
provide construction inspection services. The project schedule calls for
the project to be completed by April 2007.
ENVIRONMENTAL IMPACT
OCTA previously filed an Initial Study/Environmental Assessment in July
1999 for the installation of landscaping at this location in conjunction
with the I-405/SR-55 Interchange Project.
FISCAL IMPACT
Funds in the amount of $805,800 are available in the Measure M Transitway
Program expenditure account (account no. 32-553-6631, project no. 06-
1015) to install new landscaping at the SR-55/MacArthur Boulevard
Interchange.
rv APPROVED AS TO FUNDS AND ACCOUNTS:
James G. Ross Francisco Gutierrez
Executive Director Executive Director
Public Works Agency Finance & Mgmt. Services Agency.!
25F-2
v J V
4
AA ~!`GRTHI IR RI \T
,~ ~.
+I
Illl
~.
r,1 '
.1
o-,
,I
~I
N
~,
C1
~i
EXHIBIT 1
Title:
COOPHRATIVE AGREEMENT WITH CALTRANS
SANTA ANA Clty COUnCII ~~~)
A ends Date TO DESIGN AND INSTALL LANDSCAPING AT
g THE STATE ROUTE 55 AND MACARTHUR k~
PWA BOULEVARD INTERCHANGE ydJO^ ~s~
FEBRUARY 6, 2006
PuLI1c WMSRgency
25F-3
25F-4
REQUEST FOR
COUNCIL ACTION
CBTY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
AGREEMENT FOR EXPANSION
OF CNG FUELING STATION
(SPEC. NO. 06-010)
~~
~.,~.~~.
CLERK OF COUNCIL USE ONLY:
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Rea~mmended
^ As Amended
^ Ordinance on tst Reading
^ Ordinance on 2nd Readiny
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute an agreement with Gas Equipment
Systems, Inc. for expansion of the CNG fueling station in the amount
not to exceed $80,959.61.
DISCUSSION
In accordance with Air Quality Management District (AQMD) standards
established in 2000, the Finance and Management Services Agency
implemented a Compressed Natural Gas (CNG) Program. The program was
initially established for the City's street sweepers and now includes
the City's bookmobile as well as a hybrid vehicle parts truck. In
2001, the City installed a CNG slow fueling facility at the Corporate
Yard. To date, the City has installed four dual-hosed slow fueling
stations to fuel the existing fleet of eight CNG street sweepers,
bookmobile, and truck. The recommended action would add three dual-
hosed slow fueling stations. The additional capacity would enable the
City to replace the three remaining diesel sweepers with CNG sweepers.
Gas Equipment Systems, Inc. installed and is familiar with the critical
aspects of the existing CNG fueling systems.
Division staff recommends approval to ensure
system is maintained. The vendor performed th
satisfactorily and staff recommends award.
25G-1
Fleet Maintenance
the integrity of the
e initial installation
Agreement for Expansion of CNG Fueling Station
(Spec. No. 06-010)
February 6, 2006
Page 2
FISCAL IMPACT
Funds are available in the Fleet Services Air Quality Improvement Other
than Buildings account (account no. 31-111-6631).
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
FG/KM/06-010.2:uc
25G-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
AGREEMENT FOR POLICE
CONSULTING SERVICES
ly~ZW../ ~~.Q..~.~/
CITY MANAGER
RECOMMENDED ACTION
Direct the City Attorney
Clerk of the Council to
consulting services for
550,000.
DISCUSSION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~` Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
to prepare and authorize the City Manager and the
execute an agreement with George Saadeh to provide
a one-year period in an amount not to exceed
The Police Department recommends entering into an agreement with George
Saadeh to provide consulting services on all aspects of Homeland Security
grants, policies, practices, procedures, and operational issues relating
to the Urban Areas Security Initiative funding program (UASI). Mr. Saadeh
has recently retired from the Santa Ana Police Department, where he was
responsible for developing and administering the UASI Program. His unique
knowledge and experience in this area is critical to transition from the
current UASI funding model to the recently approved program model, which
requires intense coordination with countywide UASI members.
FISCAL IMPACT
Funds are available in the Police Department's FY 2005 UASI Grant Other
Contractual Services account (account no. 125-333-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
~~„tom ~,ti.•'°- ~~^i~.~~~ )~ ,,~~
Paul M. Walters Francisco Gutierrez
Chief of Police Executive Director
Police Department Finance & Mgmt. Services Agency/./
25H-1
I:LtKK Vr I,tJUrvV~L U.7C vivLr.
25H-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
AGREEMENT FOR LANDSCAPE
MAINTENANCE SERVICES AT
VARIOUS CITY FACILITIES
CI MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15f Reading
^ Ordinance on 2ntl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an agreement with Bevill Landscape
Maintenance for landscape maintenance services at various public facilities
for a two-year period, with provision for three one-year renewals, in an
annual amount not to exceed $176,836.
DISCUSSION
The Parks, Recreation and Community Services Agency is responsible for
landscape maintenance at various public areas throughout the City. These
include bike trails, parks, McFadden Technology Center, Newhope Library,
and the Regional Transportation Center. For the past five years, the City
has contracted for the maintenance of these properties. The agency does
not have the manpower or equipment necessary to perform this volume of
work, and considerable expense would be incurred to obtain and maintain the
required equipment and personnel.
The notice inviting bids was advertised on November 2 and 3, 2005, and bids
were solicited. A summary of the bid invitations and bids received is as
follows:
12 Invitations For Bid mailed
5 Invitations For Bid mailed to Santa Ana vendors
2 Bids received ;'~
Bids were received, opened on January 4, 2006 and evaluated. Bid results
are as follows:
Bidder: Location: Amount:
Bevill Landscape Maintenance San Juan Capistrano $136,836
Master Landscape & Maintenance Westminster $185,280
251-1
CLERK OF COUNCIL USE ONLY:
Contract Award for Landscape Maintenance
of Public Facilities
February 6, 2006
Page 2
The bid received from Bevill Landscape
specification. A $40,000 contingency
$136,836 to pay for unanticipated and e
amount of $176,836.
FISCAL IMPACT
Maintenance is responsive to the
will be added to the base bid of
mergency work, for a total contract
Funds for the first five months of the agreement are available in the
fiscal year 2005-2006 Park Maintenance, Library, and Community Development
contractual accounts (account nos. 11-250-6291, 11-214-6291, and 67-615-
6291). Funds for the duration of the agreement will be included in the
proposed budget in subsequent fiscal years.
Gerardo Mouelt
Executive Director
Parks, tec. and Comm. Svcs. Agency
//n ,/~~
Ro Ric and
Exe tive Director
i y
(/ W
Patricia C. Whitaker
Executive Director
Community Development Agency
APPROVED AS TO FUNDS & ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance and Mgmt. Services Agency~V~
251-2
~~,Iv~~ i
REQUEST FOR ~
COUNCIL ACTION~'!'~`~,
~vaauoa ys~
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
CONTRACT AWARD WITH EIP ASSOCIATES
TO PREPARE AN ENVIRONMENTAL IMPACT
REPORT AND ZONING AMENDMENT FOR
THE FIRST AND FOURTH STREETS STUDY
AREA AND APPROPRIATION ADJUSTMENT
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~' Reading
^ Ordinance on Intl Reading
^ Implementing Resolution
^ Set Public Hearing For
_~, J~ ~,~~ / CONTINUEDTO
~~ w' '"'^" FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute an agreement with EIP Associates
to prepare an Environmental Impact Report (EIR) and related
technical studies and zoning amendment for the First and Fourth
Streets Study Area in an amount not to exceed $391,200, pending
receipt of funding from developers.
2. Approve an appropriation adjustment recognizing $391,200 in the
2005-2006 FY revenue account for environmental review fee for the
First and Fourth Streets Study Area (account 11-O1-5452-113) and
appropriating $391,200 to the Planning and Building Agency 2005-2006
FY budget allocation in the account for contractual services
(account no. 11-505-6291) for payment to EIP Associates.
DISCUSSION
In 2005 a conceptual vision plan and development framework for the First
and Fourth Streets study area east of the I-5 Freeway was presented to
the City Council and direction given to staff to pursue a comprehensive
planning framework for the study area. That vision plan outlined where
residential and mixed use development might be appropriate for future
development, as well as provided general direction to guide the design of
any future development of this type. The purpose at that time was to
serve as a strategic guide for decisions regarding the development
proposals, general plan updates and zone changes.
Since that time staff has been working with two developers, Shea Homes
and Makar Properties, who wish to pursue residential mixed-use projects
in the study area. Staff has prepared a preliminary environmental
analysis and identified a number of potentially significant environmental
impacts that could be associated with the implementation of the proposed
25J-1
Contract Award with EIP Associates
February 6, 2006
Page 2
project. Therefore the preparation of an Environmental Impact Report
(EIR) for the project is required, as well as the preparation of zoning
level documents that can allow for the proposed development. Both Shea
Homes and Makar Properties have agreed to share the cost of these studies
and will be funding the recommended contract in its entirety.
Staff is recommending a sole source agreement for this project with EIP
Associates due to the technical expertise that they have in both
environmental analysis for complex projects, as well as for their
experience in developing urban design zoning standards. EIP Associates
previously prepared the land use study for the project area. This
contract will continue to build on that successful effort. Presently,
EIP Associates is included in the City's list of qualified environmental
consultants and is not under contract with the City or the applicant on
any other project. At this time, staff recommends that EIP Associates be
awarded the contract to prepare the Environmental Impact Report and
zoning amendment for the First and Fourth Street study area. The total
amount would be $391,200.
Environmental Impact
The awarding of a contract for preparation of an environmental impact
report and zoning amendment is statutorily exempt from CEQA.
FISCAL IMPACT
The applicants of the project, Shea Homes and Makar Properties will
deposit the full amount with the City of Santa Ana, in a special account
for the proposed project for 2005-2006 fiscal year. The total
appropriation adjustment will increase the anticipated revenue in the
special revenue account for the project (account no. 11-01-5452-113) by
$391,200 and increase the Planning and Building Agency expenditure
allocation for contractual services by $391,200 (account no. 11-505-6291)
for payment to EIP Associates.
APPROVED AS TO FUNDS AND ACCOUNTS:
1'Jay Trevino
EIS utive Director
Planning and Building Agency
S 2 - ~~~
Francisco Gutierrez
Executive Director
Finance & Management Services Agency/,~
SK:rb
ak\eaet Eourth et reef study\1"-4thoverlay zone cc report
25J-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
Y ,,l~i
~~~
b sr
CONTRACT AWARD TO PREPARE THE
SANTA ANA RENAISSANCE SPECIFIC
PLAN AND APPROPRIATION ADJUSTMENT
~~ ~~~
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s' Reading
^ Ordinance on 2n° Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute a contract with Moule &
Polyzoides Architects and Urbanists to prepare the Santa Ana
Renaissance Specific Plan in an amount not to exceed $528,000.
2. Approve appropriation adjustment recognizing $424,000 in the 2005-
2006 FY revenue account for Inclusionary Housing Fees for City Place
(account no. 011-O1-5400-1) and appropriating $424,000 to the
Planning and Building Agency 2005-2006 FY budget allocation in the
account for contractual services (account no. 11-505-6291) for
payments to the consultants contracted to prepare the Santa Ana
Renaissance Specific Plan.
DISCUSSION
In June of 2005, the City Council held a one-day workshop to discuss
development related issues and to establish priority focus areas for the
City. The Santa Ana Boulevard Corridor, expanded to include the Downtown
and Logan areas, was identified as one of the top three priority focus
areas. Staff was directed to renew the process to develop a Specific
Plan for the area, which had been placed on hold when the Centerline
project was placed on hold.
The study area for the project encompasses approximately 350 acres and is
generally bounded by the railroad tracks, First Street, Flower Street and
Civic Center Boulevard. The study area as originally proposed in the
Request for Proposal has been modified to exclude the properties between
railroad tracks and Grand Avenue. The excluded area includes a
significant amount of property owned by the County of Orange. A change
in staffing at the County has affected its ability to assign senior staff
to participate in the process at the project management level. The scope
of work for the Specific Plan effort includes:
1. Data collection and analysis of the opportunities and constraints
25K-1
Contract Award to Prepare the
Santa Ana Renaissance Specific Plan
February 6, 2006
Page 2
2. Formulation of goals and objectives
3. Develop strategies for economic, land use, housing, urban design,
streetscapes, open space and vehicular and pedestrian circulation
and transit programs
4. Develop land use, urban design and streetscape plans
5. Provide economic analysis and infrastructure needs analysis, as well
as financing, development and implementation strategies
6. Develop a form-based code for the project area
7. Conduct the public outreach program
A Request for Proposals was distributed to eight urban design consulting
firms in late October 2005. In response to the Request for Proposals
staff received proposals from three highly-qualified urban design firms;
Moule & Polyzoides Architects and Urbanists, Calthorpe Associates and
TCB/AECOM. After reviewing the proposals staff, including
representatives from the Planning and Building Agency, Community
Development Agency and Public Works, conducted interviews with each of
the consulting teams. At the conclusion of the interviews, together with
an analysis of the proposals submitted, the staff team determined that
the firm of Moule & Polyzoides Architects and Urbanists was the one most
qualified to assist in the preparation of the Specific Plan.
Mr. Stefanos Polyzoides, Principal of Moule & Polyzoides Architects and
Urbanists will lead the project. He has assembled a team of
distinguished local and national consultants who have a proven track
record in successful Specific Plans. Mr. Polyzoides and his team bring a
perspective on urban planning that balances historical and design issues,
have an extensive experience with the housing market and the development
process, provide a full complement of English/Spanish bilingual staff,
have national recognition in successful Transit Oriented Design
development, have national leadership in the practice of form-based codes
and provide a design approach that aims to reduce traffic and parking
loads.
Based on the need to address the development potential of the project
area and to improve its aesthetic character, as well as the consultants'
qualifications and experience in preparing Specific Plans in mature urban
settings, it is recommended that Moule & Polyzoides Architects and
Urbanists be awarded the contract for this project. The contract will be
broken into two phases, with the phase one, the preparation of the
Specific Plan, being considered first. The total contract amount for the
preparation of the Specific Plan will not exceed $528,000. Staff will
return with the contract for the second phase of the project, preparation
of the Environmental Impact Report, at a later date.
25K-2
Contract Award to Prepare the
Santa Ana Renaissance Specific Plan
February 6, 2006
Page 3
FISCAL IMPACT
Several recently approved development agreements, including the agreement
for City Place, included a provision for the developer to pay an in-lieu
fee to fund the planning and construction of housing that will meet the
City's obligation to provide a range of housing that satisfies the
Regional Housing Needs Assessment (RHNA) Use of these funds for long-
range planning efforts, such as the Santa Ana Renaissance Specific Plan
is an eligible expenditure.
The recommended appropriation adjustment would recognize $424,000 in the
2005-2006 FY revenue account for Inclusionary Housing Fees for City Place
(account no. 011-01-5400-1) and would appropriate a like amount to the
Planning and Building Agency 2005-2006 FY budget allocation in the
account for contractual services (account no. 11-505-6291) to provide the
majority of funding for this contract. In addition, $100,000 is available
in 2004-OS FY CDBG Funds in the account for Planning General Plan
Amendments (account no. 135-149-6291/Prof. No. OS-7803/W.O. No. 80304).
The required balance of $4,000 is available in the 2005-06 FY Planning
and Building budget allocation in the account for other contractual
services (account no. 11-505-6291). Funding for this contract is
summarized below:
City Place Inclusionary Housing Fees Oll-O1-5400-1 $424,000
CDBG Funds (Project No. OS-7803) 135-149-6291-80304 $100,000
Planning & Building 2005-06 FY Allocation 11-505-6291 $ 4,000
TOTAL: $528,000
APPROVED AS TO FUNDS AND ACCOUNTS:
a M. Trevino
cutive Director
Planning & Building Agency
Patricia C. Whitaker
Executive Director
Community Development Agency
LL:rb
11\report a\cont ract award SARSP 2-6-06
Francisco Gutierrez
Executive Director
Finance & Management Services Agency`v~
25K-3
25K-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
SECOND RENEWAL OPTION TO
AGREEMENT FOR STEAM CLEANING
SIDEWALKS IN DOWNTOWN SANTA
ANA, SOUTH MAIN CORRIDOR AND
THE DEPOT
eduntion ~sr
CLERK OF COUNCIL USE ONLY:
~~~_
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1" Reading
^ Ordinance on 2n° Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute the second renewal of the Agreement
with TSCM Corporation for steam cleaning Downtown, South Main Corridor
and The Depot sidewalks and sweeping service for The Depot in an amount
not to exceed $310,000.
Currently the Downtown Santa Ana steam cleaning program allows for three
linear blocks to be cleaned each night, five nights a week, Wednesday
through Sunday on all major and secondary arterials in Downtown Santa
Ana. The colored sidewalks in the South Main Street Corridor area are
cleaned three times a year. Additionally, The Depot's steam cleaning
program allows for the parking structure to be cleaned annually, the
walkways to be cleaned semi-annually, and the bus bays to be cleaned
quarterly. The Depot's sweeping program allows for the service lots and
curbs at all entrances to be swept three times per week and the parking
structure to be swept two times per week.
On February 2, 2004, the City Council awarded an agreement to TSCM
Corporation for steam cleaning services in Downtown Santa Ana for a 12-
month period with two renewal options. On November 7, 2005, the City
Council amended the contract to include the secondary streets to be
cleaned in Downtown Santa Ana and the colored sidewalks in the South Main
Street Enhancement Project area. The second renewal with TSCM will
ensure the continued steam cleaning services for the Downtown, South
Main, and the Santa Ana Depot through December 31, 2006.
25L-1
Second Renewal Option to Agreement
for Steam Cleaning Sidewalks
February 6, 2006
Page 2
TSCM has been diligent in addressing its work plan in detail; and its
efforts in the Downtown, South Main and The Depot have met the required
level of cleanliness. Staff recommends exercising the final renewal of
the agreement for the annual amounts stated below:
Downtown - Main Arterials $120,000
Downtown - Secondary Streets $130,000
South Main Corridor $ 20,000
The Depot - Steam Cleaning $ 24,000
The Depot - Sweeping $ 16,000
Total annual expenditure: $310,000
The only alternative is to not award the second renewal option, which
would result in a lack of steam cleaning services in Downtown, South Main
and The Depot along with sweeping services at The Depot. This would be
detrimental to the areas, resulting in an unacceptable level of
maintenance for City property and sidewalks.
FISCAL IMPACT
Funds are available in the Parking Enterprise Fund Account (account no.
027-013-6291), the Business Improvement District Trust and Agency Reserve
Account (account no. 93-01-3611), the Downtown Maintenance Fund (account
no. 407-933-6291), and The Depot at Santa Ana Maintenance and Repair,
Buildings and Grounds Fund (account no. 67-615-6261).
~l.L/-~~~~+C~~-=
Patricia C. Whitaker
Executive Director
Community Development Agency
PCW/DM/mlr
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez y~
Executive Director ~ r.lrWnr%~)
Finance & Management Services Agency
H:\ACTIONS\2006 CC\Second Renwal Option TSCM 2-6-06. doc
25L-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
TARGET STORES DONATION FOR
GRAFFITI ENFORCEMENT
ins / 'Ldc~.~_~-
TY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1 s' Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize the acceptance of a donation in the amount of $1,000 from the
Target Stores, to be used by the Police Department Graffiti Task Force
Unit.
2. Approve an appropriation adjustment recognizing the donation in the
amount of $1,000 into the Police Special Revenue Fund, Gifts and
Donations revenue account (account no. 024-01-5798) and appropriate
same into the Police Special Revenue Fund, Operating Materials and
Supplies expenditure account (account no. 024-331-6391).
DISCUSSION
The Police Department operates a Graffiti Task Force Unit comprised of
three detectives. The unit targets criminals and taggers committing
graffiti crime and affecting the quality of life for members of the
community. Target Stores, a prominent local business, desires to support
local law enforcement and impact the local community in a positive manner
by donating $1,000 to the Police Department. This donation will be used by
the Police Department in support of anti-graffiti efforts.
FISCAL IMPACT
Approval of the appropriation adjustment will enhance the Police Special
Revenue Fund, Gifts and Donations revenue account (account no. 029-01-5798)
by $1,000 and appropriate same into the Police Special Revenue Fund,
Operating Materials and Supplies account (account no. 029-331-6391).
APPROVED AS TO FUNDS AND ACCOUNTS:
F+-cPau~ tern
Chief of Police
Police Department
l~i1l~S~`. ivr ~~
Francisco Gutierre
Executive Directo r
Finance & Mgmt. Services Agenc
29A-1
29A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
~A"~!
tiducatlon $,
CLERK OF COUNCIL USE ONLY:
TITLE:
VARIANCE NO. 2005-66 TO ALLOW A
REDUCTION IN PARKING AND VARIANCE
NO. 2005-67 FOR A REDUCTION IN
SETBACKS AT 2 EAST HUTTON CENTRE
DRIVE - NEXUS DEVELOPMENT
CORPORATION, APPL ANT
~ ~ lc-- -
CITY MANAGER
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s' Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Variance No. 2005-6.6 as
conditioned and Variance No. 2005-67 as conditioned.
PLANNING COMMISSION ACTION
On January 9, 2006, the Planning Commission adopted a resolution
approving Variance No. 2005-66 as conditioned to allow a reduction in
parking and adopted a resolution approving Variance No. 2005-67 as
conditioned for a reduction in setbacks by a vote of 6:0 (Rodriguez
absent) for a 932 square foot addition to an existing retail center in
the Specific Development No. 76 (SD-76) zoning district at 2 East Hutton
Centre Drive. The Planning Commission made no changes to the conditions
of approval outlined in the attached staff report (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
ay M. Trevino
utive Director
Planning & Building Agency
VF:rb
of/reports/VA05-66&VA05-69.cc
31 A-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
JANUARY 9, 2006
(r~° ~ti
~pca[ion 16,
PLANNING COMMISSION SECRETARY
TITLE:
PUBLIC HEARING - FILED BY THE NEXUS
DEVELOPMENT CORPORATION FOR VARIANCE
NO. 2005-66 TO ALLOW A REDUCTION IN
PARKING AND VARIANCE NO. 2005-67 FOR A
REDUCTION IN SETBACKS AT 2 EAST HUTTON
CENTRE DRIVE
Prepared by Vince Fregoso
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
_ ~ ~
Executive Director Planning Manag r
RECOMMENDED ACTION
1. Adopt a resolution approving Variance No. 2005-66 as conditioned to
allow a reduction in parking.
2. Adopt a resolution approving Variance No. 2005-67 as conditioned for
a reduction in setbacks.
DISCUSSION
Request of Applicant
Nexus Development Corporation is requesting approval of two variances in
order to allow a 932 square foot addition to an existing retail center at
2 East Hutton Centre Drive. Specifically, the applicant is proposing a
reduction in required parking and a reduction in a landscaped setback.
Property Description
The subject site is a 13,600 square foot restaurant and retail building
that was constructed in 2001. It is located within Hutton Centre, a
master planned, 43-acre mixed-use development located on the south side
of MacArthur Boulevard between Main Street and the Newport-Costa Mesa
(SR-55) Freeway. Hutton Centre contains approximately 1,450,000 square
feet of office area, consisting of two 14-story office buildings, two
10-story office buildings and two 8-story office buildings. In
addition, a 174-room, 84,210 square foot DoubleTree Club hotel and four
6-story parking structures are found within Hutton Centre (Exhibits 1
and 2).
EXFIIBIT A
31 A-2
Variance Nos. OS-66 and 05-67
January 9, 2006
Page 2
The project site is zoned Specific Development No. 76 (SD-76) and has a
General Plan land use designation of District Center (DC). Surrounding
land uses include the MacArthur Place mixed-use development to the
north, the Newport-Costa Mesa (SR-55) Freeway and the City of Costa Mesa
to the east, office development to the south and the Sandpointe
residential neighborhood to the west.
Project Description
2 Hutton Centre is a 13,569 square foot retail center with nine retail
and restaurant tenants. The applicant is proposing to expand the center
and add 932 square feet to the south end of the center, bringing the
total square footage to 14,501. The addition will be constructed to
match the architecture of the existing building as well as incorporate
identical materials and paint color. To accommodate a new outdoor
seating area, four parking spaces will be removed in front of the new
storefront. This seating area, intended to accommodate approximately 30
patrons, will incorporate enhanced paving, perimeter landscaping and a
shade canopy that matches the existing canopy.
A new pedestrian entrance is also proposed at the northwest corner of
the project site. This entrance will enhance pedestrian access to the
development by allowing direct access into the center from the MacArthur
Boulevard/Hutton Center Drive intersection, which is a heavily used
pedestrian pathway. The improvements will include a new stair entry
leading into the retail center and landscape planters around the stairs
perimeter (Exhibits 3, 4, 5 and 6).
Analysis o£ the Issues
Parkinq Variance
The applicant is requesting a variance from Section 41-1341 of the Santa
Ana Municipal Code (SAMC) to allow a reduction in required parking.
Based on code requirements, a total of nine additional parking spaces
are required for the new square footage. In addition, four parking
spaces will be removed to accommodate the new outdoor seating area.
Therefore, the applicant is requesting approval for a reduction in 13
parking spaces.
Nexus Development is providing parking for 2 Hutton Centre within their
807 space parking garage for the Lake Towers. The Lake Towers
entitlements accommodated the 62 parking spaces that were to be removed
for the Lake Towers and provided adequate parking for the retail and
restaurant uses within 2 Hutton Centre Drive.
31 A-3
Variance Nos. 05-66 and 05-67
January 9, 2006
Page 3
Although the 13 additional parking spaces needed for the proposed
expansion were not a part of the MacArthur Place entitlements, the 13
parking spaces can be accommodated. A shared parking study was prepared
by Kaku Associates, Inc. by using the Urban Land Institute's (ULI) shared
parking methodology. The shared parking analysis identified a weekday
peak parking demand of 1,696 spaces and a weeknight peak demand of 1,783
spaces. Peak utilization during the weekend would be 1,807 spaces during
the evening when the restaurants are the busiest (Exhibit 7).
Since the MacArthur Place South development will supply a total of 1,896
spaces, the proposed parking supply is adequate to meet both the demand of
the MacArthur Place project and the 2 Hutton Centre expansion.
Setback Variance
The applicant is requesting approval of a variance to reduce the
required building setback on Hutton Center Loop from 25 feet to 10 feet.
If approved, the proposed setback will be consistent with the reduced
setback approved for the Lake Towers project and will assist in
continuing the urban project theme of MacArthur Place South. For
example, urban projects generally consist of elements that have been
incorporated into this project, such as a reduced setback (from the code
required 15 feet) and enhanced pedestrian pathways.
Conclusion
The 2 Hutton Centre project is in compliance with various policies
outlined in the General Plan Land Use Element. The development of this
site with quality materials and finishes, and the continuation of
pedestrian linkages to other existing developments will complement the
recently entitled MacArthur Place South development. Therefore, based
upon an analysis of the project and the project's compatibility with the
City's General Plan and applicable development standards, staff recommends
that the Planning Commission approve Variance Nos. 2005-66 and 2005-67 as
conditioned.
31 A-4
Variance Nos. 05-66 and OS-67
January 9, 2006
Page 4
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review pursuant to Section
15303. This Class 3 exemption allows the expansion of existing commercial
buildings up to an additional 10,000 square feet of floor area.
Categorical Exemption No. 2005-166 will be filed for this project.
r J
i! j v~
Vince Fregosq, AICP
Senior Planner
VF:jm
of/reports/VA05-666VA05-6].pc
31 A-5
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~~ VA 05-66 & 05-67 ~
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2 HUTTON CENTER DRIVE - =5°° FEET
,' = 1000 FEET
P L A N N I N G A N D B U I L D I N G A G E N C Y
EXHIBIT 1
31 A-6
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EXHIBIT 2
31 A-7
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TABLE 7
SHARED PARKING ANALYSIS SUMMARY
PARKING SUPPLY vs. SHARED PARKING DEMAND
AREA WEEKDAY
Da time Ni httime WEEKEND
Da time Ni httime
CINEMA Supply 449 949 949 949
Demand 425 436 411 461
Occupied 94.7% 45.9% 43.3% 48.6%
Available Spaces 24 513 538 488
LAKE Supply 807 807 807 807
TOWER Demand 711 753 711 753
Occupied 88.1% 93.3% 88.1°fo 93.3%
vailable Spaces 96 54 96 54
TOTAL Supply 1,896 2,396 2,396 2,396
SfTE Demand 1,696 1,783 1,667 1,807
Occupied 89.5% 74.4% 69.6% 75.4%
Available S aces 200 613 729 589
V q~-66 & 05-67
31 A ~IpcHIBIT 7
KO - 1 /4/06
RESOLUTION NO. 2006-001
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING VARIANCE NO.
2005-66 AS CONDITIONED TO ALLOW A REDUCTION IN
PARKING; AND VARIANCE NO. 2005-67 AS
CONDITIONED TO ALLOW A REDUCTION IN SETBACKS
FOR THE PROPERTY LOCATED AT 2 HUTTON CENTRE
DRIVE
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA
AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Applicant is requesting approval of Variance No. 2005-66 to allow the
reduction in parking and Variance No. 2005-67 to allow a reduction in
setbacks in order to allow a 932 square foot addition to an existing retail
center at 2 East Hutton Centre Drive.
B. Variances Nos. 2005-66 and 2005-67 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
January 9, 2006.
C. Variance No. 2005-66 has been filed with the City of Santa Ana seeking a
reduction in parking for the site. Based on Santa Ana Municipal Code
§41-1341, a total of nine additional parking spaces are required for the
new square footage. In addition, four parking spaces will be removed to
accommodate the new outdoor seating area. Therefore, the applicant is
requesting approval for a reduction in 13 parking spaces.
1. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a Variance upon making certain findings. The
Planning Commission determines that the findings necessary to
grant the Variance have been established:
That because of special circumstances applicable to the
subject property, including size, shape, topography, location
or surroundings, that the strict application of the zoning
ordinance is found to deprive the subject property of privileges
not otherwise at variance with the intent and purpose of the
provisions of this Chapter.
Resolution No. 2006-001
31 A-14 Page 1 of 7
Hutton Centre is a contained site surrounded by
existing commercial and residential developments.
The parking analysis for the MacArthur Place South
development determined that sufficient parking will be
provided for the project during times of peak demand.
The variance will allow the applicant the ability to use
the property in a manner consistent with similar
surrounding commercial, residential and professional
uses.
That the granting of a variance is necessary for the
preservation and enjoyment of one or more substantial
property rights.
The granting of the variance to allow a 13 space
reduction in the parking requirement will preserve the
property owner's ability to expand the center with
additional restaurant tenants that are consistent with
the Specific Development No. 76 (SD-76) zoning
district.
iii. That the granting of a variance will not be materially
detrimental to the public welfare or injurious to surrounding
property.
The granting of the variance to allow reduction in
parking will not be materially detrimental to the public
welfare or injurious to surrounding property.
Adequate parking will be provided within surface
parking lots and parking structures to accommodate
the proposed expansion.
iv. That the granting of a variance will not adversely affect the
General Plan of the City.
The granting of the variance to allow reduction in
parking requirement will not adversely affect the
General Plan of the City since the proposed project
has been designed in conformance with City Zoning,
Development, and General Plan requirements except
for the parking and setback requirements. General
Plan Land Use Element Policy 2.2 supports commercial
uses in adequate amounts to accommodate the City's
needs for goods and services.
Resolution No. 2006-001
31 A-15 Page 2 of 7
D. Variance No. 2005-67 has been filed with the City of Santa Ana seeking to
reduce the required building setback on Hutton Center Loop from 25 feet
to 10 feet.
Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a Variance upon making certain findings. The
Planning Commission determines that the findings necessary to
grant the Variance have been established:
That because of special circumstances applicable to the
subject property, including size, shape, topography, location
or surroundings, that the strict application of the zoning
ordinance is found to deprive the subject property of
privileges not otherwise at variance with the intent and
purpose of the provisions of this Chapter.
The proposed setback reduction will allow the
applicant the ability to create pedestrian linkages
among the various land uses within Specific
Development No. 76 (SD-76) and to create an "urban
edge" design concept by providing reduced setback
along Hutton Center Drive. The proposed setback
reduction will be consistent with the setback approved
for the MacArthur Place project.
ii. That the granting of a variance is necessary for the
preservation and enjoyment of one or more substantial
property rights.
The granting of the setback variance will preserve the
property owner's ability to develop the property within
a well-designed project that is consistent with the SD-
76 zoning district. Upgrade architectural materials
and landscape palette will be incorporated throughout
the proposed project to compensate the reduced
setbacks.
iii. That the granting of a variance will not be materially
detrimental to the public welfare or injurious to surrounding
property.
The granting of the setback variance will not be
materially detrimental to the public welfare or injurious
to surrounding property. The reduced setback will be
consistent with the adjacent MacArthur Place South
project.
Resolution No. 2006-001
page 3 of 7
31A-16
iv. That the granting of a variance will not adversely affect the
General Plan of the City.
The granting of the variance will not adversely affect
the General Plan of the City since commercial uses
are permitted by the District Center General Plan land
use designation.
E. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review pursuant to Section
15303. This Class 3 exemption allows the expansion of existing
commercial buildings up to an additional 10,000 square feet of floor area.
Categorical Exemption No. 2005-166 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby:
A. Approves Variance No. 2005-66, to reduce the parking requirement for the
property located at 2 Hutton Centre Drive, as wnditioned in Exhibit A attached hereto and
incorporated as though fully set forth herein.
B. Approves Variance No. 2005-67, to reduce the setback requirement for the
property located at 2 Hutton Centre Drive, as conditioned in Exhibit B attached hereto and
incorporated as though fully set forth herein.
These decisions are based upon the evidence submitted at the abovesaid hearing,
which includes but is not limited to: the Request for Planning Commission Action dated
January 9, 2006 and exhibits attached thereto; and the public testimony, all of which are
incorporated herein by this reference.
ADOPTED this 9th of January, 2006 by the following vote:
AYES: Commissioners: Betancourt, Cribb, De La Torre, Gartner, Leo, Lutz
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
(6)
None (0)
Rodriguez (1)
None (0)
Christopher Leo
Vice-Chairman
31A-17
Resolution No. 2006-001
Page 4 of 7
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2006-001 be the original resolution adopted by the Planning
Commission of the City of Santa Ana on January 9, 2006.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2006-001
31 A-1 ~ Page 5 of 7
Conditions for Approval for Variance No. 2005-66
Variance No. 2005-66 is approved subject to compliance, to the reasonable satisfaction of
the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the
California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all
other applicable regulations. In addition, it shall meet the following conditions of approval:
The applicant must comply with each and every condition listed below rip or to exercising
the rights conferred by this variance.
The applicant must remain in compliance with all conditions listed below throughout the life
of the development project. Failure to comply with each and every condition may result in
the revocation of the variance.
A. Planning Division
All proposed site improvements must conform with the Site Plan Review
approval of DP No. 05-53.
Any amendment to this variance must be submitted to the Planning
Division for review. At that time, staff will determine if administrative relief
is available or the variance must be amended.
3. A maximum of nine tenant spaces shall be allowed at the center.
Exhibit A
Resolution No. 2006-001
Page 6 of 7
31A-19
Conditions for Approval for Variance No. 2005-67
Variance No. 2005-67 is approved subject to compliance, to the reasonable satisfaction of
the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the
California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all
other applicable regulations. In addition, it shall meet the following conditions of approval:
The applicant must comply with each and every condition listed below rip or to exercising
the rights conferred by this variance.
The applicant must remain in compliance with all conditions listed below throughout the life
of the development project. Failure to comply with each and every condition may result in
the revocation of the variance.
A. Planning Division
All proposed site improvements must conform with the Site Plan Review
approval of DP No. 05-53.
2. Any amendment to this variance must be submitted to the Planning
Division for review. At that time, staff will determine if administrative relief
is available or the variance must be amended.
A maximum of nine tenant spaces shall be allowed at the center.
Exhibit B
Resolution No. 2006-001
Page 7 of 7
31 A-20
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
TRANSFER OF DEVELOPMENT
THE INTEGRAL LOW RISE CO
AT MACARTHUR PLACE SOUTH
~pcalln~ ~y~
CLERK OF COUNCIL USE ONLY:
APPROVED
RIGHTS FOR ^ As Recommended
NDOMINIUMS ^ As Amended
^ Ordinance on 1s' Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Direct the City Manager to authorize the transfer of development rights
for the Integral Partners low-rise condominium project to Western Pacific
Housing, Inc., a subsidiary of D.R. Horton with such non-substantive
changes as may be approved by the City Manager and City Attorney.
On June 20, 2005, the City Council approved numerous entitlements
requested by Nexus Development Corporation for MacArthur Place South, a
mixed-use project within Hutton Centre. These entitlements included a
development agreement for the entire development as well as a conditional
use permit, tentative tract map and a variance for a 276 unit low-rise
condominium development to be constructed by Integral Partners
Development, LLC. Since the projects approval, Integral Partners has
elected to sell its development rights for this project to Western
Pacific Housing, Inc., a wholly owned subsidiary of D.R. Horton. Western
Pacific is the D.R. Horton subsidiary responsible for all residential
development in Southern California.
Section 4.2 of Development Agreement No. 2005-02 allows for the transfer
of development rights to another party with City Council approval. Prior
to the transfer, the Development Agreement requires a review of D.R.
Norton's development experience and financial capability to ensure it has
the financial capability and development experience that is equal to or
greater than Integral. Further, the transfer of rights will include an
assignment and assumption agreement confirming that the duties,
obligations and liabilities from this Agreement are assumed by D.R.
Horton. This ensures that the plans approved by the Planning Commission
and City Council, together with all conditions and requirements, are
fully satisfied.
31 B-1
Transfer of Development Rights for
the Integral Low Rise Condominiums
February 6, 2006
Page 2
Staff has reviewed various financial information concerning D.R. Horton.
According to the most recent data, D.R. Horton was the number one
homebuilder in the United States, with over 53,000 homes sold in 2005 and
was the third largest homebuilder in terms of revenue with over $11
billion dollars. Also, its expertise in building various types of
housing, including single-family, multi-family and urban infill projects,
substantiates its solid track record in developing the low-rise
condominiums. D.R. Horton/Western Pacific Housing has a variety of
similar projects that are presently under construction or which have been
completed, including a 251-unit mixed use project in Anaheim, a 220-unit
project in Garden Grove and a 263-unit development in San Diego.
Reference checks regarding these similar projects and D.R. Horton/Western
Pacific Housing's overall ability to perform have also confirmed a
successful track record.
Construction of the low-rise residential condominium project will not
commence until permits have been obtained and substantial construction
has begun on either the Lake Towers or Cinema Tower projects.
Substantial construction consists of foundation work for the towers,
including structural steel work and the pouring of concrete.
D.R. Horton/Western Pacific Housing is an experienced, fiscally sound
company that has the capabilities to construct the low-rise condominium
project. Therefore, staff recommends that the City Council authorize the
City Manager to execute documents transferring the development rights for
the 276-unit low-rise condominium project to D.R. Horton.
FISCAL IMPACT
There is no fiscal impact associated with this action.
M. Trevino
x cutive Director
P1 nning & Building Agency
VF:rb
of \repor[s\in[egralt rane Eer.cc
31 B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
TRANSFER OF DEVELOPMENT RIGHTS
FOR THE NEXUS LAKE TOWERS HIGH
RISE CONDOMINIUMS AT MACARTHUR
PLACE SOUTH
RECOMMENDED ACTION
^ As Recommended
^ As Amended
^ Ordinance on 1~' Reading
^ Ordinance on 2ntl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Manager to authorize the transfer of development rights
for the Nexus Lake Towers high-rise condominium project to MacArthur
Towers, LLC, a subsidiary of Intracorp, Los Angeles, LLC with such non-
substantive changes as may be approved by the City Manager and City
Attorney.
DISCUSSION
On June 20, 2005, the City Council approved numerous entitlements
requested by Nexus Development Corporation for MacArthur Place South, a
mixed-use project within Hutton Centre. These entitlements included a
development agreement for the entire development as well as a conditional
use permit, tentative tract map and variances to allow a 349 unit high-
rise condominium development to be constructed by Nexus Development.
Since the project's approval, Nexus has elected to sell its development
rights for the Lake Towers component to Intracorp Los Angeles, LLC.
Intracorp Los Angeles, LLC is affiliated with the Intracorp group of
companies, a developer of urban infill projects across the nation.
Intracorp Los Angeles, LLC is the subsidiary responsible for residential
development in Southern California and will be forming a special purpose
entity, MacArthur Towers, LLC, to develop this project.
Section 4.2 of Development Agreement No. 2005-02 allows for the transfer
of development rights to another party with City Council approval. Prior
to the transfer, the Development Agreement requires a review of
Intracorp's development experience and financial capability to ensure
Intracorp has the financial capability and development experience that is
equal to or greater than Nexus. Further, the transfer of rights will
include an assignment and assumption agreement confirming that the
duties, obligations and liabilities from this Agreement are assumed by
Intracorp. This ensures that the plans approved by the Planning
Commission and City Council, together with all conditions and
requirements, are fully satisfied.
31 C-1
~~
~„w~i
F,1ucaNon Est
CLERK OF COUNCIL USE ONLY:
APPROVED
Transfer of Development Rights for
the Nexus High Rise Condominiums
February 6, 2006
Page 2
Staff has reviewed various financial information concerning Intracorp.
Intracorp is a stable, financially sound company with the financial
ability to complete the project. Also, its expertise in building various
types of housing, including mixed-use urban infill projects and multi-
family residential substantiates its solid track record in developing the
high-rise condominiums. Intracorp has a variety of similar projects that
are presently under construction or which have been completed, including
The Cove, an 18-story, 138-unit high rise in Marina Del Rey and the West
Ocean Towers, a 22 and 29 story tower project with 246-units in Long
Beach. Reference checks regarding these similar projects and Intracorp's
overall ability to perform have also confirmed excellent working
relationships with municipalities as well as a successful track record of
completed projects.
Intracorp is an experienced, fiscally sound company that has the
capabilities to construct the high-rise condominium project. Therefore,
staff recommends that the City Council authorize the City Manager to
execute documents transferring the development rights for the 349-unit
high-rise condominium project to MacArthur Towers, LLC, a subsidiary of
Intracorp, Los Angeles, LLC.
FISCAL IMPACT
There is no fiscal impact associated with this action.
a M. Trevino
cutive Director
Planning & Building Agency
VF:rb
of\re po rtsANexu st=an sfex.cc
31 C-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2006
TITLE:
i
~.
CLERK OF COUNCIL USE ONLY:
PROPOSED AMENDMENTS TO
CLASSIFICATION AND COMPENSATION
PLANS AND ANNUAL BUDGET
t%~~
ITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a Resolution that amends the City's Basic Management and Non-
Management Classification and Compensation Plans (Resolution Nos. 91-066 and
82-110) and amends the Fiscal Year 2005-06 Annual Budget to reflect these
changes.
DISCUSSION
The following proposed changes are part of an ongoing effort to ensure that
the City's Basic Classification and Compensation Plans reflect current
organizational needs and establish salary rates at market competitive rates
with equity between job classification pay levels.
I. Proposed Addition of New Part-time Classification Title
The Police Chief is requesting the creation of a part-time job
classification titled Professional Standards Investigator. This
classification will conduct background investigations of new employees and
will ensure continuity in work quality and standards during transitional
periods when full-time personnel are transferred into and out of the
section.
II. Proposed Addition of New Full-time Classification Titles and Po:
cation Changes
ition
The Executive Director of Finance and Management Services recently completed
an organizational review of his agency's budget function following the
departure of the City's Budget and Research Manager earlier this fiscal
year. As a result of this review, the Executive Director is proposing the
55A-1
~s
Classification/Compensation Plan
February 6, 2006
Page 2
creation of two classifications titled Budget Analyst and Senior Budget
Analyst. Like the Budget and Research Manager classification, these two job
classes will be responsible for preparing and monitoring the City's budget;
however, both will be non-management (the latter classification will include
supervisory authority). The Executive Director is further proposing to fill
one position by reallocating a vacant and funded Senior Management Analyst
position to Senior Budget Analyst.
The Executive Director of Personnel Services is requesting the creation of a
mid-management classification titled Assistant Director of Personnel
Services. This position will serve as the City's chief labor negotiator and
will perform responsible administrative and managerial work in planning,
organizing and directing the activities of the Personnel Services
Department. The position will also act as Executive Director in the
incumbent's absence. In order to staff this new job title, the Executive
Director requests a budget reallocation in which the department's Employee
Relations Manager position be reallocated to Assistant Director of Personnel
Services.
FISCAL IMPACTS
The fiscal impact figures below represent estimated costs for the remainder
of the fiscal year.
Creation of part-time job classification: no fiscal impact
Reallocation of Senior Management Analyst (UC) to Senior Budget Analyst
(UC) no fiscal impact
Reallocation of Employee Relations Manager (MM) to Assistant Director of
Personnel Services (MM) $2912
APPROVED AS TO FUNDS AND ACCOUNTS:
nrique J. A a
Execut'v D r for
Personnel Services
Francisco Gutierrez
Executive Director
Finance and Mgmt. Services Agency
~~%-
Paul Wal s
j~`~'Police Chief
Police Department
55A-2
RESOLUTION NO.2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO AMEND RESOLUTION NOS. 82-110,
91-066, and 91-067 TO EFFECT CERTAIN CHANGES TO THE
CITY'S BASIC CLASSIFICATION AND COMPENSATION
PLANS, AND TO AMEND THE CURRENT ANNUAL BUDGET
TO REALLOCATE TWO FULL TIME POSITIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1: The City Council hereby finds, determines and declares as follows:
A. Section 1004, Article X of the City Charter of the City of Santa Ana
requires the City Manager to prepare, install and maintain a position
classification and pay plan subject to civil service rules and regulations
and the approval of the City Council.
B. On August 2, 1982, the City Council passed and adopted Resolution No.
82-110, revising and re-establishing the Basic Classification and
Compensation Plan for Officers and Employees of the City of Santa Ana.
C. On July 1, 1991, the City Council passed and adopted Resolution No. 91-
066, re-establishing the Basic Classification and Compensation Plan for
classes of employment designated as unrepresented Executive
Management (EM) and Middle Management (MM).
D. On July 1, 1991, the City Council passed and adopted Resolution No. 91-
067, re-establishing the Basic Classification and Compensation Plan for
classes of employment designated as Unaffiliated Confidential (UC).
E. On June 20, 2005, the City Council passed and adopted Ordinance No.
NS-2687, which establishes the City's Annual Budget, authorizing position
allocations for Fiscal Year 2005-2006, and which sets forth the
requirement that alterations in the allocation of authorized positions be
reviewed and approved by the City Council.
F. It is the City's practice to assign job titles that reflect the duties and
responsibilities of the classification and are consistent with other
classifications within the City's organizational structure as well as
comparable job titles in the labor market.
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G. The Executive Director of Finance and Management Services proposes to
create two new full time classification titles, and to reallocate one full time
position in the current Annual Budget.
H. The Police Chief proposes to create one new part time classification title.
The Executive Director of Personnel Services proposes to create one new
full time classification title, and to reallocate one full time position in the
current Annual Budget.
J. It is now desired to amend Council Resolution Nos. 82-110, as amended,
91-066, as amended, 91-067, as amended, and the Fiscal Year 2005-
2006 Budget, as amended, in order to effect these changes.
Section 2: That Section 3.5.1 Class Titles and Wage Rates for seasonal and
Other Unaffiliated Cateoories of Non-Civil Service Part-Time Emoloyment of Resolution
No. 82-110, as amended, be further amended by adding the following part-time title,
assigned to the five (5) hourly pay steps set forth below:
Basic Hourlv Waoe Rates Effective 2/06/06:
Class Title Step A Step B Step C Step D Step E
Professional $24.44 $25.66 $26.95 $28.30 $29.72
Standards Investigator
Section 3: That Section 3B of Resolution No. 91-066, as amended, is hereby
further amended by:
A. adding the classification title of Assistant Director of Personnel Services at
the fifteen-step salary rate range of MM-26 ($86,652-122,412).
B. designating the newly created classification title of Assistant Director of
Personnel Services as Middle Management by assigning the parenthetical identifier
"MM" after this classification title.
Section 4: That Section 3.1 of Resolution No. 91-067, as amended, is hereby
further amended by:
A. adding the following classification titles at the Salary Rate Ranges and
effective dates indicated:
6-Step Salarv Rate Range (SRRI Effective 02/06/06
Class Title SRR Annual Salarv (Min-Marx
Budget Analyst 624 ($52,584-67,152)
Senior Budget Analyst 653 ($60,612-77,352)
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B. designating the newly created classification titles of Budget Analyst and
Senior Budget Analyst as Unaffiliated Confidential by assigning the parenthetical
identifier "UC" after these classification titles.
Section 5: That the Annual Budget for Fiscal Year 2005-2006, as amended, shall
be further amended by:
A. reallocating one position in Finance and Management Services from the
classification title of Senior Management Analyst (UC) to Senior Budget Analyst (UC)
with no change in salary.
B. reallocating one position in Personnel Services from the classification title
of Employee Relations Manager MM-23 ($80,460-113,676) to Assistant Director of
Personnel Services MM-26 ($86,652-122,412).
Section 6: That except as amended by this Resolution, all other provisions of
Resolution No. 82-110, as amended, Resolution 91-066, as amended, Resolution 91-
067, as amended, and the Annual Budget for Fiscal Year 2005-2006, as amended, shall
remain in full force and effect.
Section 7: That this Resolution shall be operative from and after February 6,
2006.
ADOPTED this _ day of February, 2006.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Joseph Straka
Assistant City Attorney
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AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Glerk of the Council, do hereby attest to and certify the attached
Resolution No. 2006-_ to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
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REQUEST FOR _~t,1~
COUNCILIAGENCY ~"'~ ~~
ACTION ti,~a"°°,s~
MEETING DATE: CLERK OF COUNCIL USE ONLY:
FEBRUARY 6, 2006
TITLE:
GUARANTY AGREEMENT TO PROVIDE
FINANCIAL ASSISTANCE FOR THE
BOWERS MUSEUM EXPANSION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
~a,~,,,t, w.~ ~ FILE NUMBER
-_
CITY MANAGER EXECUTIVE DIRECTOR
RECOMMENDED ACTION
CITY COUNCIL ACTION/COMMUNITY REDEVELOPMENT AGENCY ACTION
Direct the City Attorney/Agency General Counsel to prepare and authorize
the City Manager and the Executive Director of the Community Redevelopment
Agency to execute and the Clerk of the Council/Agency Secretary to attest
to a Guaranty Agreement between the Community Redevelopment Agency of the
City of Santa Ana, the City of Santa Ana, the Bowers Museum Corporation,
and the East West Bank.
COMMUNITY REDEVELOPMENT AGENCY ACTION
Direct the Agency General Counsel to prepare and authorize the Executive
Director to execute a Repayment Agreement between the Agency and the
Bowers Museum Corporation.
DISCUSSION
The Bowers Museum Corporation operates and maintains the City of Santa Ana
owned Charles M. Bowers Museum of Cultural Art pursuant to a 2001 Amended
and Restated Operating Agreement. The Corporation began management of the
Museum on behalf of the City in 1987.
In September 2005, the City Council and the Redevelopment Agency approved
and authorized several actions to facilitate the $14 million expansion of
the Bowers Museum. Commencement of construction of the improvements is
scheduled to begin shortly. Thus far, the Board of Governors of the
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Guaranty Agreement to Provide Financial
Assistance for the Bowers Museum Expansion
February 6, 2006
Page 2
Bowers Museum Corporation has fundraised over $12 million toward the
expansion, but needs additional monies to completely fund the
construction.
As part of the project financing, East West Bank of San Marino, California
will issue a $4 million stand-by line of credit (LOC) to the Corporation
toward the construction. If the funds are accessed, the Corporation
intends to repay the obligation through continued fundraising. However,
the Bank requires credit enhancement as condition of funding the LOC. The
primary enhancement will come from Bowers Board Chairman Emeritas Donald
Kennedy in the form of a primary $3 million guaranty. The Agency's
assistance will be in the form of an additional $1 million guaranty.
The Agency's asset to secure the funds is the pledgable tax increment
generated by the Merged Redevelopment Project Area. The Agency's guaranty
is subordinate to Mr. Kennedy's guaranty and is necessary to ensure the
expansion and redevelopment of the Museum in that other funds for this
purpose are not reasonably available.
If funds are drawn under the Agency's guaranty, repayment by the
Corporation will be secured by the Corporation's receipts from the City of
Santa Ana under the 2001 Museum Operating Agreement. Up to twenty-five
percent of each year's allocated internal administrative expenses
reimbursed by the City under the operating agreement shall be paid to the
Agency until any guaranty payments are made.
FISCAL IMPACT
There is no immediate fiscal impact associated with this action;
however, the Agency may be required to identify funds and to make
payment at some point in the future to East West Bank in an amount not
to exceed $1,000,000.
V V
Patricia C. Whitaker
Executive Director
Community Development Agency
PCW/JF/JL/mlr
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez ~,,r~
Executive Director \\'~~1I~~:J///
Finance and Management Services Agency
H: \ACTIONS\2006 CC\JT CC-CRA GuarAgzeetoProvideFinancialASSistfcrSOwessExpansicn 2-6-06.doc
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