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Home My WebLink AboutGREAT WESTERN RECLAMATION, INC.- A-2003-108 INRIR"-,NCE ON FILE A-2003-108 MAY fl(ULUJ3 Ln, CE CLERK DAMENDMENT TO AGREEMENT FOR COLLECTION F nNCIL PATGt '/11010 i AND HANDLING OF SOLD)WASTE GENERATED AND OR ACCUMULATED IN THE CITY OF SANTA ANA THIS FIFTH AMENDMENT, made and entered into this nt day of June, 2003, by and between USA .efiv • Waste of California Inc., formally Great Western Reclamation, a division of Waste Management Collection and Y Recycling, Inc ("Contractor") 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"), collectively referred to herein as"the Parties". RECITALS • 1. On November 18, 2002 CITY and CONTRACTOR entered into a Fourth Amended Agreement(hereinafter referred to as "Fourth Amended Agreement")to adjust rates to pay the cost associated with complying with certain provisions of the Federal Clean Water Act. 2. Since execution of the Fourth Amended Agreement, the CITY and CONTRACTOR have met and determined an increase is needed to pay for the escalating costs associated with the reduction of debris, garbage and litter etc. ("trash") into the City storm water system in order to comply with the requirements of the Federal Clean Water Act. 3. Pursuant to requirements of the Federal Clean Water Act, in part, the City must prevent, reduce, and/or clean up "trash" that is generated within the City, and not properly disposed of in receptacles, to prevent said"trash" from reaching the state waterways and the oceans via the City storm drain system. 4. CITY and CONTRACTOR have jointly concurred that it would be in the best health and safety interests of the CITY and the residents therein that a Fifth Amended Agreement be executed to adjust the City's administrative fee for curbside service in order to pay for the cost associated with reducing, monitoring and preventing"trash" from entering into the City storm drain system. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. Exhibit C, of said Agreement is hereby amended to increase the City's administrative cost per curbside service unit by $.09 per month to support increased costs in the storm water management program effective July 1, 2003. 2. 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 Amendment to said Agreement the date and year first above written. ATTEST: CITY OFFS SANTA ANA _c._je !>`ge_ e. .-� RC2.,..... 6) ®._ PATRICIA E. HEALY i'David N. Ream Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: MIA VA. �41k Michael Vigliotta Deputy City Attorney APPROVE 1 AS TO CONT t,' ^ C TRACTOR Jame: G. Ross David Ross E cutive Director General Manager f the Public Works Agency E Employer ID # or Individual SS PUBLIC HEARINGS Legal Notice published in the Orange County Register on May 23 and 30, 2003 • Staff Presentation by Debra Kurita, Assistant City Manager No written communication was received on this item Public hearing closed Motion: 1. Place ordinance on first reading and authorize publication of title ORDINANCE NO. NS-2632 — An ordinance of the City Council Of the City Of Santa Ana appropriating monies to the several offices, agencies and departments of the City for the Fiscal Year commencing July 1, 2003. 2. Adopt resolution. RESOLUTION NO. 2003-049 — A resolution of the City Council of the City of Santa Ana establishing the appropriation limit of the City of Santa Ana for Fiscal year 2003-2004 3. Adopt resolution. RESOLUTION NO. 2003-050 - A resolution of The City Council of the City of Santa Ana establishing a Uniform Schedule of Miscellaneous • Fees For Fiscal Year 2003-2004 and Repealing in part Resolution No. 2002-041 4.a. Adopt resolution. RESOLUTION NO. 2003-052 — A resolution of the City Council of the City of Santa Ana increasing the amount of the solid waste program surcharge established pursuant to Section 10 of the Second Amended and Restated Agreement for the collection of solid waste generated and/or accumulated in the City of Santa Ana 4.b. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreement. AGMT NO. 2003-108 — ADJUSTING REFUSE RATES — Execute an amendment to agreement with Waste Management Inc. adjusting the rate for curbside service — Public Works Agency MOTION: Alvarez SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, Garcia, Pulido, Solorio (6) NOES: None (0) • ABSENT: Franklin (1) CITY COUNCIL MINUTES 195 JUNE 2,2003 . REQUEST FOR COUNCIL ACTION 0,.....tion'x° CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 2, 2003 TITLE: APPROVED 0 As Recommended RESOLUTION AND AMENDMENT TO 0 As Amended ❑ Ordinance on 2ndRead g AGREEMENT ADJUSTING REFUSE Ordinance on 2 Reading (� RATES MR Implementing Resolution M fl 2 2('�J03 ❑ Set Public Hearing For � CONTINUED TO �, ` �y/�/ /�( RENUMBER A-2003-108 CITY MANAGE A so ;2063 —0Sa / RECOMMENDED ACTION 1 . Adopt a resolution modifying the City' s refuse program surcharge on business and apartment service. 2 . Direct the City Attorney to prepare and authorize the Clerk of the Council and the City Manager to execute an amendment to the agreement with Waste Management Inc. adjusting the City' s administrative rate for curbside service. DISCUSSION Pursuant to the agreement with Waste Management, the City currently receives 10 . 6 percent of the business and apartment refuse charges_ to pay for the costs of administering the refuse collection and recycling program and supporting the federal clean water protection activities . Any change in this surcharge must be established by Council resolution. At this time, it is recommended that the surcharge be increased to 12 . 8 , percent to support increased costs in the refuse and clean water funds . The cost of a 3-yard bin, with once per week pickup, will be $86. 61 per month. Other cities charge similar fees that range up to 17 . 9 percent. The agreement with Waste Management also establishes the rate for curbside service. An amendment to that agreement is needed to adjust the City' s administrative portion of the curbside rate by $ . 09 per month to support increased costs in the storm water management program. The total curbside rate will be $14 . 40 per month. • ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 75 . C . 4 . Page 288 Resolution and Amendment To Agreement Adjusting Refuse Rates June 2, 2003 Page 2 FISCAL IMPACT The increased program surcharge on business and apartment service will generate approximately $240, 000 in the storm water management fund (account no . 57-01-5499-70) and $200, 000 •in the refuse collection fund (account no . 69-01-5112) . The increase in the curbside rate will generate $40, 000 and will be deposited into the federal clean water protection fund (57-01-5499-69) . APPROVED AS TO FUNDS AND ACCOUNTS : J,:mes G. Ross °oe ' 71 �a executive Director xecutive ®erector Public Works Agency Finance & Mgmt . Services Agency Page 289 75 . C . 4 . MV: 05/23/03 RESOLUTION NO. 2003-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA INCREASING THE AMOUNT OF THE SOLID WASTE PROGRAM SURCHARGE ESTABLISHED PURSUANT TO SECTION 10 OF THE SECOND AMENDED AND RESTATED AGREEMENT FOR THE COLLECTION OF SOLID WASTE GENERATED AND/OR ACCUMULATED IN THE CITY OF SANTA ANA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1 . The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana is currently engaged in a contract with USA Waste of California Inc. formally Great Western Reclamation a division of Waste Management Collection and Recycling, Inc. ("Contractor"), whereby Contractor i s the exclusive provider of the collection, transportation, and disposal of solid waste within the limits of the City of Santa Ana. B. Pursuant to the exclusive contract, the City currently receives a 10.6 percent surcharge from Contractor based upon its Gross Receipts. The funds received pursuant to the surcharge are used in part to pay for the costs of administering the refuse collection and recycling program and supporting the federal clean water protection activities. C. The cost to provide administration of the Federal Clean Water Act requirements has increased above the amounts currently collected pursuant to the program surcharge. It is recommended that the surcharge be increased by 1.2 percent to support increased costs in the federal clean water protection fund. D. The increase in the program surcharge established by this resolution is estimated to collect $240,000 per year to help pay the cost of the clean water protection program. E. The increased costs to the City include but are not limited to salaries of staff and fixed costs. The estimated costs of the program are set forth in the Federal Clean Water Protection Resource Sheet, located in the Public Works Agency as incorporated herein as Exhibit A by this reference as though fully set forth. Resolution No. 2003-052 Page 1 of 3 x. F. The cost to provide administration of the refuse and recycling program has increased above the cost currently collected pursuant to the program surcharge. It is recommended that the surcharge be increased by 1.0 percent to support increased costs in the refuse collection fund. G. The increased costs to the City include but are not limited to salaries of staff and fixed costs. The estimated costs of the program are set forth in Refuse Collection Resource Sheet, located in the Public Works Agency as incorporated herein as Exhibit B by this reference as though fully set forth. H. The increase in the refuse program surcharge established by this resolution is estimated to collect $200,000 to help pay the cost of administering the refuse collection program. The City Council incorporates herein, as though fully set forth, the Request For Council Action accompanying this resolution, and all background information and studies presented to the City Council. Section 2. The City Council hereby increases the following refuse program surcharge on business and apartment services. A. The refuse service surcharge increasing the amount of the solid waste program surcharge established pursuant to section 10 of the second amended and restated agreement for the collection of solid waste generated and/or accumulated in the City of Santa Ana is hereby increased from 10.6 percent to 12.8 percent; 1.2 percent shall be deposited in the federal clean water protection enterprise fund and 1.0 percent shall be deposited into the refuse collection fund. B. The Contractor shall commence collecting this refuse program surcharge effective July 1, 2003. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 2nd day of June 2003. , - r.sel A. Pul do ayor • Resolution No. 2003-052 Page 2 of 3 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney BY: ill IM Michael Vigliotta / Deputy City Attorney AYES: Councilmembers: Alvarez, Bist, Christy, Garcia, Pulido, Solorio (6) NOES: Councilmembers: None (0) ABSENT: Councilmembers: Franklin (1) ABSTAIN: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2003-052 to be the original resolution adop -d by the City Council of the City of Santa Ana on June 2, 2003.3. Date: /AV?, Clerk of the Council v City of Santa Ana Resolution No. 2003-052 Page 3 of 3