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Home My WebLink AboutGREAT WESTERN RECLAMATION, INC. A-89-066 ti - 5?- a / ,w, 2 ' ISIrgetDtlCfi=F EJC:mb( 36 ) Ws(,,M(MA`irip,,�cD AMENDMENT TO AGREEMENT FOR 7/20/89 tint. MaIR SE U Vein COLLECTION AND TRANSPORTATION Rev. 8/29/89 lak--.--------' OF SOLID WASTE REFUSE PRODUCED CLE_AK CR GDW �4L OR ACCUMULATED IN THE CITY OF o%IE: °��; SANTA ANA. CC iti THIS AGREEMENT, made and entered into this pot„/ day of . ' , / , 1989 , by and between the City of Santa Ana, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and Great Western Reclama- tion, Inc. , a corporation organized under the laws of the State of California, hereinafter referred to as "CONTRACTOR, " W-I-T-N-E-S-S-E-T-H Recitals: A. CITY and CONTRACTOR entered into an agreement on November 17 , 1986 for collection and transportation of solid waste refuse , hereinafter referred to as "said agreement. " B. As a result of unanticipated increases in landfill charges levied by the County of Orange, the parties hereto desire to amend said agreement to allow CONTRACTOR to meet and confer regarding increases in disposal fees and the possibility of in- creasing the fee for bin service collection to offset such in- creases. NOW, THEREFORE, 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 . Section 21 of said agreement, "Payment for Services-- Standard Service, " is hereby amended by amending subparagraph "C" -1- to read as follows : "C. The service unit rate shall be equal to the average of the monthly rates paid by or in the six cities of Anaheim, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, and Orange for similar curbside residential services performed once per week. Such standard service unit rate shall be calculated on July 1 of each calendar year and shall be in effect for each ensuing twelve ( 12) month period ending June 30 of the following year. The service unit rate shall be calculated by the CONTRACTOR subject to the approval of the Executive Director. The information used by the CONTRACTOR in the development of the rate comparisons and calcu- lations of the average rate and related adjustments shall be sub- mitted by the CONTRACTOR to an independent certified public account- ing firm ( "Auditor" ) for its review and confirmation to the Executive Director as to the accuracy of the rate determination. The rates to be compared in each of the aforesaid cities on each July 1 shall be deemed, for comparison purposes, to include the actual amount paid to the respective refuse contractors for refuse collection services and for landfill or transfer station disposal fees, but shall exclude all administrative or miscellaneous amounts, if any, which the respective cities may add to the monthly amount paid to their refuse contractor; provided, however, that landfill or transfer station disposal fees paid directly by a city to the operator for such residential services thereof shall be added to the standard rate for such comparative purposes. In the event the Auditor is not able to validate the rate within thirty ( 30 ) days after July 1 , the rate, when finally validated , shall be adjusted and paid retroactively to July 1 . " -2- 2 . Section 22 of said agreement, "Payment for services -- Bin Service, " is hereby amended by adding subparagraph "H" thereto, which subparagraph reads as follows : "H. Notwithstanding the above , in the event at any time that some action by a governmental unit , beyond the control of CONTRACTOR, causes an increase of ten percent ( 10% ) or more in disposal fees or a significant or drastic change in landfill operation costs which is not reflected in bin service schedule approved by the Executive Director as calculated in subsection "C, " the CITY and CONTRACTOR agree to meet and confer regarding the impact of such increase and the possibility of increasing the bin service monthly rate schedule to offset such increase in disposal fees and/or landfill operation costs. " 3 . Except as amended hereby, the terms and conditions of said agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment to agreement the day and year first above written. ATTEST: CITY OF SANTA ANA Guy'a ice C. Guy Da el Y ung Clerk of the Counci Mayor APPROVED AS TO FORM: GREAT WESTERN RECLAMATION, INC. a Ca. i ni�/ Corporation Or/ 4110100/ g - By: 1 0" President (14/t1_4 01..Th By: APPROVED AS TO CONTENT: Secretary -3- Fore rAIFO 0VL/ RESOLUTION NO. 89- C63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A NEW SCHEDULE OF re"- SERVICE CHARGES FOR REFUSE COLLECTION SERVICES WHEREAS, Article II, Chapter 16 of the Santa Ana Municipal Code provides for refuse collection services in the City of Santa Ana and authorizes the establishment of charges for such services by Resolution of the City Council; and WHEREAS, increased costs to the City of Santa ,Ana for the provision of refuse• collection services now require an upward adjustment in such, service charges; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA:;:AS FOLLOWS: 1. As used herein, "service unit" shall mean each of the following pray„ Each single-family dwelling, each dwelling within a " -e64', duplex, triplex or multi-family residential building, each 7, 1s apartment or condominium unit within an apartment or condominium g&� building, and each business, professional, industrial or other non r�s� residential occupancy unit; provided each such unit which receives v,01111, , refuse collection services solely by means of the mechanically unloaded bin service provided by the City' s refuse collection contractor shall not be considered a service unit for the purposes ID of this Resolution. a 2 . The service charge for refuse collection services shall be billed once each two months. Each service unit having a separate water meter and each combination of service units sharing a common water meter shall constitute a single billing unit for the purposes of this Resolution. For each such billing unit receiving water service be added to the charges for water service and billed with the bill for water service. Each billing unit not receiving water service from the City of Santa Ana shall be billed separately. 3 . The service charge for refuse collection services is hereby imposed as follows: CHARGE PER SERVICE TYPE OF BILLING UNIT UNIT FOR TWO MONTHS Single-family residence $18. 56 Duplex (2 service units) 15 .78 Tripl;x (3 service units) 14 .84 Multi. -family residential (4 or more service units) 14 .84 Non-residential 18. 56 • RESOLUTION NO. 89-053 PAGE TWO 4. All service charges shall be due and payable at the Finance Department in the City Hail of the City of Santa Ana on the date of billing, therefore, and shall become delinquent fifteen (15) days from and after the date of such billing. A penalty of ten percent (10%) shall be charged on all unpaid bills for such service charges thirty (30) days from and after the billing date. 5. The service charges established by this Resolution shall, become effective on July 1, . 1989. G. , Resolution No. 88-90 is hereby repealed. ADOPTED this, 19th day of June , 1989 ATTEST: ,k r4 u 44} yf „:% Y /f /`/ , ' V L�1hyt" '[g � Y / '✓ 1 '4YSt51 ae C Guy ' 4 0:n1e1 H. You rs , clerk :L.: c-iune i--. ayor t Ali- It amu; Lo , n COUNCILMEMHERS: APPROVED Fs • • ^:w' Young _Absent Acosta Ave rte; ,: Griset Ave "Ast „AAAPR*ro&ikt, kir': — May Ave Edwar. . Co.•er McGuigan Ave city Attorney Norton Ave • Pulido Ave oe 0. foe. ',Afro oPLy RESOLUTION NO. 88-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A NEW SCHEDULE OF SERVICE CHARGES FOR REFUSE COLLECTION SERVICES WHEREAS, Article II, Chapter 16 of the Santa Ana Municipal Code provides for refuse collection services in, the City of Santa Ana and autho- rizes the establishment of charges for such services by Resolution of the City Council: and,i' WHEREAS increased costs to the City of Santa Ana for the provi- sion of refuse collection- services now require an upward adjustment in such service charges; iIi' • L ; NOW,".THEREFORE,;BE IT RESOLVED BY THE CITY' COUNCIL OF. THE CITY OF SANTA ANA AS, FOLLOWS, ; 1 As' used herein, "service unit" shall mean each of the following: 1`i^ Each single-family dwelling, each dwelling unit within a duplex, �c `Vw triplex or multi-family residential building, each apartment or condominium unit within an apartment or condominium building, and each business, pro- F ,n fessional, industrial or other non-residential occupancy unit; provided each such unit which receives refuse collection services solely by means of the mechanically unloaded bin service provided by the City's refuse collet- •• ' tion contractor shall not be considered a service unit for the purposes of this Resolution. at2. The service charge for refuse collection services shall be , �.; billed once each two months. Each service unit having a separate water meter and each combination of service units sharing a common water meter shall constitute a single billing unit for the purposes of this Resolution. For each such billing unit receiving' water service be added to the charges for water service and billed with the bill for water service. Each billing unit not receiving water service from the City of Santa Ana shall be billed separately. 3. The service charge for refuse collection services is hereby. imposed as follows: CHARGE PER SERVICE TYPE OF BILLING UNIT UNIT FOR TWO MONTHS Single-family residence $14.68 Duplex (2 service units) 12.48 Triplex (3 service units) 11.74 Multi-family residential (4 or more service units) 11.74 Non-residential 14.68 RESOLUTION NO. 88-80 PAGE 2 4. All service charges shall be due and payable at the Finance Department in the. City Hall of the City of Santa Ana on the date of bill- ing therefore, and shall become delinquent fifteen (15) days from and after the date of such billing. A penalty of ten percent (107.) shall be charged on all unpaid bills for such service charges- thirty (30) days from and after the billing date. . 5. The, service: charges established by this Resolution shall become effective on January 1, 1989. 6., Resolution No. 87-84 is hereby repealed. ADOPTED this 21st day of November d' ", 1,, 88 '° Ali f Da iel''7. "oun: Ma •r Y : ATTEST: ss t In ce C.1:4; uy`l ', -,,,,,•',,.. Clerk of he Council s Cot APPROVED AS TO FO` M } ; , �d Young Aye " s McGuigan .,.,AyefAI}Th, Acosta ' Griset Aye C'... HartAbsent r .., .r. ira .- ."� May AYe M,Eity t _y Pulido Aye f` 'FOS IiVFO O,0 1.Y RESa,UTIG1 NO. 87-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A NEW SCHEDULE OF SERVICE CHARGES FOR REFUSE C(I,i,ECTICIN SERVICES WHEREAS, Article II, Chapter 16 of the Santa Ana Municipal Code provided for, refuse collection services in the City of Santa Ana and authorizes the establishment of charges for such services. by Resolution of.the1 City Council; and WHEREAS, increased costs to the City of,Santa Ana for the provision of refuse collection services now require an upward adjustment in such,service charges;:;, NCW', THEREFORE„ BE IT RESOLVED BY THE CITY CC&JNCIL OF THE CITY OF SANTA ANA.ASFCLLOWS:;' , ., 1. Ps used herein, "service unit" shall mean each of the following: Each single-family dwelling, each dwelling unit within a ily ial )t* c ° duplex, onndominiun unit within an�apartmentdortcondominiumgbuilding, and each ornt each business, professional, industrial or other non-residential occupancy unit; provided each such unit which, receives refuse collection services ,(44,1.14 r solely by means of the mechanically unloaded bin service provided by the AIN I . City's refuse collection or shall not be considered a servicet . Citsorfuseooleiiscntractrn `4 ,41u'1 2. The service charge for refuse collection services shall be billed once each two months. Each service unit having a separate water "-tq,44,0‘ meter and each combination of service units sharing a common water meter shall constitute a single billing unit for purposes of this Resolution. For each such billing unit receiving water service be added to the .� s' charges for water Service and billed with the bill for water service. Each billing unit not receiving water service from the City of Santa Ana shall be billed separately. 3. The service charge for refuse collection services is hereby imposed as follows: CHARGE PER SERVICE TYPE OF BlU ING UNIT UNIT FOR TWO MONTHS Single-family residence 13.74 Duplex (2 service units) 11.64 Triplex (3 service units) 10.94 Multi-family residential 10:94 (4 or more service units) Non-residential 13.74 RESOLUTION NO. 87-84 PAGE TVD 4. All service charges shall be due and payable at the Finance Department in the City Hall of the City of Santa Ana on the date fifteen (15) from of billirul therefore, and shall become delinquent days and after the date of such billing. A penalty of ten percent (10%) shall be chargedon all unpaidbills for such service charges thirty (30) days from and after the billing date. 5. The service charges established by this Resolution shall become effective on the.,first billing following adoption of this Resolution according ti) the Current billing dates of each billing unit respectively. 6. Resolution No. 86-104 is hereby repeal ADOPTED this 2nd day of November. 4,4,\. ,1987 � c tht lMay•r t � 5 ATTEST: rc "z zx �Cl.ericT,pf/ %,,Y*:;.EY (5!y eCo ncil � C w COUNCILN o o.> Young,. Aye APPROVED AS TO`FORM: McGuigan Aye__ Acosta Ye AAr Criset Ayea mr Hart Aye r fs May Aye war> conhiper, Pulido Aye 'Ise. : -y Fla, l,4ico owc.y RESOLUTION NO. 86-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ESTABLISHING A NEW SCHEDULE OF SERVICE CHARGES FOR REFUSE COLLECTION SERVICES WHEREAS , Article II , Chapter 16 of the Santa Ana Municipal Code provided for refuse collection services in the City of Santa Ana and authorizes the establishment of charges for such services by Resolution of the City Council ; and WHEREAS , increased costs to the City of Santa Ana for the provision of refuse collection services now require an upward adjustment in such service charges ; NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS : 1 . As used herein , "service unit" shall mean each of the following : Each single-family dwelling , each dwelling unit within a duplex , triplex or multifamily residential building , each apartment or condominium unit within an apartment or con- dominium building , and each business , professional , industrial or other non-residential occupancy unit ; provided each such unit `nth �� . 10'} mechanically receives refuse collection services solely by means .of the mechanically unloaded bin service provided by the City ' s refuse collection contractor shall not be considered a service unit for Oft, purposes of this Resolution. tie 2 . The service charge for refuse collection services q P, shall be billed once each two months . Each service unit having a Ac "? separate water meter and each combination of service units shar- fi N ing a common water meter shall constitute a single billing unit for purposes of this Resolution . For each such billing unit receiving water service be added to the charges for water Service and billed with the bill for water service . Each billing unit u not receiving water service from the City of Santa Ana shall be billed separately. 3 . The service charge for refuse collection services is hereby imposed as follows : CHARGE PER SERVICE TYPE OF BILLING UNIT UNIT FOR TWO MONTHS Single-family residence 13 .70 Duplex ( 2 service units) 11 . 60 Triplex (3 service units) 10 .90 Multifamily residential 10 .90 (4 or more service units) 13 . 70 Non-residential RESOLUTION NO. 86-104 PAGE TWO 4 . All service charges shall be due and payable at the Finance Department in the City Hall of the City of Santa Ana on the date of billing therefor , and shall become delinquent fifteen ( 15) days from and after the date of such billing . A penalty of ten per cent ( 10%) shall be charged on all unpaid bills for such service charges thirty ( 30) days from and after the billing date. 5 . The service charges established by this Resolution shall become effective on the first billing following adoption of this Resolution according to the current billing dates of each billing unit respectively. 6 . Resolution No . 84-136 is hereby repealed . ADOPTED this 15thday of December , 1986 1 Daniel H. Y n"9 Mayor ATTEST: ce C. Guy, ,kt „„�� lerk of the`'Coafi-r ' COUNCILMEMBE^' V�rMt Young Aye APPROVED AS TO mR rf McGuigan a � �. Acosta Aye ye Griset Aye m Hart Aye / `� .. . May Nay ' ward tpo 'p, Pulido Aye City Atto Q A89 .. Jti& ✓/ !* °a" ) ' REQUEST FOR r a" �V1�IIII�IIIIIIII �„ COUNCIL ACTION nri�� ,.r CITY COUNCIL SEP 18 1989 AGENDA DATE Spptembar 18 , 1989 DATE OF COUNCIL ACTION TITLE AMENOMFNT TO AfRFFMFNT WITH GREAT WESTERN RFCTAMATTON, SEP 18 1989 Continued to Li `. ., .ftdiansa INC. , FOR COT,T,ECTTON ANIS ,---/-rd-6 ��^^ OCT 2 1999 Authortzee the City Attorney to TRA T TTON SOT TT) WASTE prepare 8nd the Mayor xnd Clerk to � execute a reemont. REFITS . if CI YMANAGER III Q A 2 /- CLERK OF THE C•UNCIL RECOMMENDED ACTION E�N---"f Direct the City Attorney to prepare and authorize the Mayor and the Clerk of the Council to execute an amendment to the agreement with Great Western Reclamation, Inc. , for the collection and transportation of solid waste refuse. EXECUTIVE SUMMARY On November 17, 1986, the City entered into an agreement with Great Western Reclamation, Inc. for the collection and transportation of solid waste refuse. Recently, staff met with Great Western's representatives to discuss two key issues relating to the agreement. Both parties agree that additional language is needed to clarify these important provisions. The proposed amendment will (1) further define the factors which are used in calculating the residential service rates, and (2) require both parties to meet and confer regarding an increase in the commercial service rate if county landfill fees increase by 10% or more. The amendment will not affect the residential rates set by Council action for trash pickup and disposal . 1 2C 112 MEMORANDUM Jan Perkins To: Deputy City Manager August 21, 1989 David H. Grosse, Exec. Dire'c- � '' ' k140 Date: From: Public Works Agency AMENDMENT TO AGREEMENT WITH GREAT WESTERN RECLAMATION, INC. FOR Subject:COLLECTION AND TRANSPORTATION OF SOLID WASTE REFUSE STATEMENT OF THE ISSUE On November 17, 1986 , the City entered into an agreement with Great Western Reclamation, Inc. for the collection and transportation of solid waste refuse. Under this agreement, the amount paid to Great Western per residential service unit is equal to the average of the monthly rates paid by or in the six cities of Anaheim, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, and Orange for similar curbside residential services performed once per week. The agreement states that the rates to be compared in each of the six cities "shall include all disposal fees and costs. " Both Great Western and the City agree that, because contractor costs are identified so differently in the six cities, additional language is needed in Section 21, subparagraph C to better define the applicable costs, to exclude all administrative or miscellaneous amounts. The residential service rate calculation is performed on July 1 of each year and remains in effect for the 12 months of the fiscal year. The rate cannot be changed during the fiscal year unless County landfill fees are increased by 10% or more. According to Section 21, subparagraph G of the agreement, if County landfill fees increase by 10% or more, the City and Great Western are required to meet and confer regarding the impact of the fee increases and possibility of increasing the residential service unit rate to offset the County fee increase. A similar provision was omitted from the commercial service section of the agreement. Great Western has subsequently requested this amendment to the contract. The proposed amendment adds subparagraph "H" to Section 22 and requires the City and Great Western to meet and confer regarding commercial service rates if County Landfill fees increase by 10% or more. ALTERNATIVES CONSIDERED 1. One available option is to not amend the agreement with Great Western Reclamation, Inc. This is not recommended because both parties agree that additional language is necessary in Section 21. Also, a "meet and confer" provision is needed in Section 22 since County landfill fee increases are beyond the control of the contractor. 2 . The recommended alternative is to amend the agreement with Great Western Reclamation. This will add language to the agreement and improve Sections 21 and 22 outlined above. 2 Jan Perkins -2- August 21, 1989 FISCAL IMPACT The proposed change to Section 21 will simply clarify factors used in the rate comparison and will not impact the Refuse Collection Service Fund. The fund is similarly not affected by the addition to Section 22 because commercial service charges are billed directly to businesses by Great Western Reclamation. The amendment will not affect the residential rates set by Council action for trash pickup and disposal. RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the Mayor and the Clerk of the Council to execute an amendment to the agreement with Great Western Reclamation, Inc. for the collection and transportation of solid waste refuse. tDavYd H. Grosse Executive Director Public Works Agency DHG/SC/010bcis 114