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Home My WebLink About25I - AGMT - HAZARDOUS WASTE COLLECTIONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2016 TITLE; AGREEMENT AMENDMENTS WITH WM CURBSIDE AND WELLDYNE/RX WEST FOR HAZARDOUS WASTE COLLECTION SERVICES (STRATEGIC PLAN NO.4, 1; 5) CITY MANAGER IyzK*1u im4a"OvisowN CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2n® Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1, Authorize the City Manager and Clark of the Council to amend the agreements with WM Curbside, LLC, for residential universal waste collection and battery recycling, by amending the term of the existing agreements to expire on June 30, 2018, and increasing the funding allocation by an amount not to exceed $25,000 for each agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to amend the agreement with Welldyne/RxWest for medical sharps disposal services, by amending the term of the agreement to expire on June 30, 2018, and increasing the funding allocation by an amount not to exceed $25,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Assembly Bill 939 mandates municipalities to divert 50 percent of all waste generated from being dumped into the landfill and to implement recycling programs, The City has demonstrated compliance by implementing a variety of programs through its solid waste collection contractor, The City recently engaged solid waste consultant Sloan Vasquez to develop a scope of work for new solid waste services and programs that would be Implemented upon the expiration of the current solid waste agreement in June 2018, Along with the programs provided through solid waste collection services, the City has separate agreements with WM Curbside, LLC, to provide curbside collection of universal waste from Santa Ana residents, and for used battery collection at City facilities. The City also has an agreement with Welidyne/RxWest to provide residents with free, safe disposal of medical sharps and needles, which require special handling, All three agreements expire upon expenditure of allocated funds, which is expected by May 2016. 251-1 Amend Agreements with WM Curbside, LLC, and Welldyne/RxWest May 3, 2016 Page 2 The development of the new scope of work for solid waste services may include some, or all, of the additional waste collection services. However, preparatory work to develop the new solid waste agreement scope of work is not scheduled to be completed until after the three agreements expire. Staff recommends extending the agreements through June 30, 2018, to provide an opportunity to include as many of these support programs in the implementation of the new solid waste services agreement and to ensure continuation of the mandated programs in the interim. Compensation for each agreement will be increased by $25,000 for services to be rendered through June 30, 2018. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #4 - City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment); and Goal #5 - Community Health, Livability, Engagement & Sustainability. ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $75,000 are available in the FY 2015-16 Public Works Refuse Collection Service Account (No. 06917640-62300) and will be encumbered to meet contractual obligations of all three agreements. Preliminary estimates of fiscal year expenditures for this project are as follows and are subject to change: Fiscal Year Account No Amount 2016117 06917640-62300 $37,500 2017/18 06917640-62300 $37,500 TOTAL: $75,000 Fre d4Mous vipour Executive Director Public Works Agency FM/MLM/CK APPROVED AS TO FUNDS AND ACCOUNTS: -Sszl� Francisco Gutierrez � Executive Director Finance & Management Services Agency Exhibit: 1. Residential Universal Waste Collection Agreement with WM Curbside, LLC 2. Battery Recycling Agreement with WM Curbside, LLC 3. Medical Sharps Disposal Agreement with Welldyne/RxWest 251-2 MRST AMENDMENT TO AGREEMENT TO PROVIDE RESIDENTIAL UNIVERSAL WASTE COLLECTION THIS FIRST AMENDMENT TO AGREEMENT is entered into this Ora day of May, 2016, by and between WMCurbside, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The patties entered into Agreement A-2008-062 dated April 7, 2008, to provide universal waste collection. B. In accordance with the terms and conditions of the Agreement, the parties desire to amend the compensation and extend the Term of the Agreement. WHEREFORE, in consideration of the covenants contained in the Agreement, and subject to all the terms and conditions of the Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to increase compensation in the amount not to exceed $25,000.00, to pay for the additional services during the extended term. 2. Section 3, TERM, shall be amended to extend the term of said Agreement period to June 30, 2018, Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Cleric of the Council City Manager APPROVED AS TO FORM: Page I of 2 Exhibit 1 251-3 Sonia R. Carvalho, City Attorney 0 y. SESANDOV )�E S ssi YChi'd Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT FRED MOUSAVIPOUR, P.E. -B—Yll Executive Director of Title: Public Works Agency Page 2 of 2 251-4 SECOND AMENDMENT TO AGREEMENT TO PROVIDE BATTERY RECYCLING THIS SECOND AMENDMENT TO AGREEMENT is entered into this 4Trr day of May, 2016, by mud between WMCurbside, hie, ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), RECITALS A. The parties entered into Agreement N-2007-086, dated July 1, 2007, to provide Small Battery Recycling. B. On September I, 2009, the parties executed an Amendment N-2007-086-001, to extend the term of the agreement. C. In accordance with the terms and conditions of the Agreement, the parties desire to amend the compensation and extend the Tenn of the Agreement. WHEREFORE, in consideration of die covenants contained in the Agreement, and subject to all the terms and conditions of the Agreement, except those amended by the Amendment and this Second Amendment, the parties agree as follows: Section 2, COMPE.NSATION, shall be amended to increase compensation in the amount not to exceed $25,000.00, to pay for the additional services during the extended term. 2. Section 3, TERM, shall be amended to extend the term of said Agreement period to June 30, 2018. Except as hereinabove modified, the terms and conditions of said. Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA IVL4RIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: Page 1 of 2 Exhibit 2 251-5 Sonia R. Carvatho, City Attorney B J SE SAINDOVA �t�v ef � i hief Assistant City A torney RECONITMENDED FOR APPROVAL: CONSULTANT FRED MOUSAVfPOUR, P.E. By; Executive Director of Title: Public Works Agency Page 2 of 2 251-6 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into this 47 day of May, 2016, by and between WellDyne/RxWest ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement A-2007-278, dated December 3, 2007, to ensure used medical needles ("sharps") are collected and disposed of in safe and sanitary manner, B. On December 31, 2008, the parties executed a First Amendment to the Agreement No. A-2007-278-01, to extend the term of the agreement. C. On June 30, 2010, the parties executed a Second Amendment to the Agreement No, A-2007-278-02, to extend the compensation and term of the Agreement. C. In accordance with the terms and conditions of the Agreement, the parties desire to amend the compensation and extend the Tenn of the Agreement. WHEREFORE, in consideration of the covenants contained in the Agreement, and subject to all the terms and conditions of the Agreement, except those amended by the First and Second Amendment, the parties agree as follows: Section 4, COMPENSATION, shall be amended to increase compensation in the amount not to exceed $25,000.00, to pay for the additional services during the extended tens. 2. Section 3, TERM, shall be amended to extend the tern of said Agreement period to June 30, 2018, Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in frill force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement the date and year first above written. A17EST: MARIA D. HUIZAR Cleric ofthe Council CITY OF SANTA ANA DAVID CAVA70S City Manager Page 1 of 2 Exhibit 3 251-7 APPROVED AS 7*0 FORM: Carvallio, City Attorney FOSE SANDOV/ fL Chief Assistant City RECOMMENDED FOR APPROVAL: CONSULTANT FRED M:OUSAVFPOUR, P.E. By: Executive Director of Title: Public Works Agency Page 2 of 2 251-8