HomeMy WebLinkAboutGREAT WESTERN RECLAMATION, INC.- A-2002-082 A-2002-082
THIRD AMENDMENT TO AGREEMENT FOR COLLECTION
AND HANDLING OF SOLID WASTE GENERATED AND
OR ACCUMULATED IN THE CITY OF SANTA ANA
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THIS THIRD AMENDMENT, made and entered into this 7 day of Time, 2002, by and between USA
Waste of California, Inc, formally Great Western Reclamation, a division of Waste Management Collection
and 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
re rred to herein as "the Parties".
RECITALS.
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1. The Legislature of the State of California, by enactment of the California Integrated Waste
J W! , Management Act of 1989, Division 30 of the California Public Resources Code,
o g commencing with Section 40000 ("CIWMA"), declares that it is within the public interest to
®EL v authorize and require local agencies to make adequate provisions for Solid Waste handling
z g z I w within their jurisdictions.
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vat 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. On June 19, 1997, CITY and CONTRACTOR entered into a Second Amended and Restated
Agreement(hereinafter referred to as "Second Amended Agreement").
5. Since execution of the Second Amended Agreement the CITY and CONTRACTOR have
met to develop alternatives for improving the cleanliness of the City.
6. The City experiences a substantial increase in debris/garbage and litter on parkways and
alleys on days following garage sales as well as the first day of each month when move-outs
generally occur.
7. 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 the Second Amended Agreement
be revised to provide for additional solid waste collection,recycling and disposal to remove
excess trash and debris after garage sales and after the first day of each month when move-
outs generally occur.
8. In order to remove additional garbage and debris introduced into the parkways and alleys,
CONTRACTOR will be required to expend additional resources.
9. The CITY expends substantial amounts of money and resources in order manage the
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collection of Solid Waste within the City. Currently, the Second Amended Agreement
provides for an administrative fee that the City may recover from CONTRACTOR to pay
for the City's cost to administer the Solid Waste Collection program.
10. CITY and CONTRACTOR have jointly concurred that the City's administrative costs to
manage the Solid Waste Collection program have risen. Currently, there are no provisions
in the Second Amended Agreement that allow the City to increase its administrative fee.
11. 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 the Second Amended Agreement
be revised to provide for a mechanism whereby the CITY may increase its administrative
fee to follow the CPI.
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. Section 7, the "FREQUENCY OF COLLECTIONS"" term of said SECOND AMENDED
AGREEMENT is hereby amended to include: "CONTRACTOR shall provide additional collection
services as set forth in Exhibit G and incorporated herein by reference."
2. Section 14, the "COLLECTION, RECYCLING, YARD WASTE DIVERSION AND DISPOSAL
REQUIREMENTS" term of said SECOND AMENDED AGREEMENT is hereby amended as
follows:
(e) PARKWAY CLEAN-IIP FOTT,OWING GARAGE SATES: CONTRACTOR shall in
addition to the aforementioned services, provide 2 employees in a front-loader vehicle that will
devote 60 hours each six working days following the quarterly garage sales to canvass Santa Ana
neighborhoods in order to identify and remove debris left in the parkways after garage sales.
(f) AT J FY CT PAN-T TP FOT J OWING THE l st OF EACH MONTH: CONTRACTOR shall in
addition to the aforementioned services, provide 2 employees in a front-loader vehicle that will devote
60 hours each six working days following the 1st day of each month to canvass Santa Ana
neighborhoods identified in Exhibit G attached hereto and incorporated herein by reference in order to
remove debris left in alleyways following tenants relocating.
(g) DTSPOSAT; 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
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 its Los Angeles County landfill. 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
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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 or disposed, or both, 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 delete spaces contained in the CITY'S SRRE, or any other requirement of
CIWMA, are not met.
3. Section 22, the "CURBSIDE SERVICE PAYMENT" shall be increased by $.04 per month for
parkway clean-up.
4. Section 23, the "RESIDENTIAL BIN SERVICE RATES" term of said SECOND AMENDED
AGREEMENT is hereby amended to include:
(c ) Rates for residential bin service rates to pay for alley clean-up shall be increased by the
amounts provided for in shown on Exhibit D and shall be considered hauling and processing
charges. 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.
5. Section 24, the "COMMERCIAL/INDUSTRIAL BIN SERVICE RATES" term of said
SECOND AMENDED AGREEMENT is hereby amended to include:
(c ) Rates for commercial/industrial bin service rates to pay for alley clean-up shall be
increased by the amounts provided for in Exhibit D and shall be considered hauling and processing
charges. 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.
6. Section 27, the "ADJUSTMENTS TO CHARGES' term of said SECOND AMENDED
AGREEMENT is hereby amended to include:
(d) ADMINISTRATIVE COST: The ADMINIS IRATIVE COST for curbside service shall
be adjusted annually, if at all, beginning on July 1, 2003. The Administrative Cost shall
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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.
7. Except as hereinabove modified, the terms and conditions of Second Amended 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 OT SANTA A
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PATRICIA E. HEALY DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney ..
By Mi. V,;•k.73/K--
Michael Vigliottaa
Deputy City Attorney ��
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r.. COMME i 1 ED FOR APPROVAL:
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mployer ID #or Individual SS
JA' ES G. •ISS
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Executive D. ector
Public Works Agency
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EXHIBIT "D"
Increased Costs for Alley Clean-up
The increased costs for Alley clean-up effective July 1, 2002 are as follows:
COMMERCIAL BIN RATES
Increase with
Monthly Alley Surcharge and
Clean-up Senior/Mobile
Increase Discount
1 YARD BIN X 1 /WEEK 0.09 0.10
1 YARD BIN X 2/WEEK 0.17 0.19
1 YARD BIN X 3 /WEEK 0.26 0.29
1 YARD BIN X 4/WEEK 0.35 0.39
1 YARD BIN X 5 /WEEK 0.43 0.48
1 YARD BIN X 6/WEEK 0.52 0.58
2 YARD BIN X 1 /WEEK 0.17 0.19
2 YARD BIN X 2/WEEK 0.35 0.39
2 YARD BIN X 3 /WEEK 0.52 0.58
2 YARD BIN X 4/WEEK 0.69 0.77
2 YARD BIN X 5 /WEEK 0.87 0.97
2 YARD BIN X 6/WEEK 1.04 1.16
3 YARD BIN X 1 /WEEK 0.26 0.29
3 YARD BIN X 2/WEEK 0.52 0.58
3 YARD BIN X 3 /WEEK 0.78 0.87
3 YARD BIN X 4/WEEK 1.04 1.16
3 YARD BIN X 5 /WEEK 1.30 1.44
3 YARD BIN X 6/WEEK 1.56 1.73
4 YARD BIN X 1 /WEEK 0.35 0.39
4 YARD BIN X 2/WEEK 0.69 0.77
4 YARD BIN X 3 /WEEK 1.04 1.16
4 YARD BIN X 4/WEEK 1.39 1.54
4 YARD BIN X 5 /WEEK 1.73 1.92
4 YARD BIN X 6 /WEEK 2.08 2.31
5
RESIDENTIAL BIN RATES
Monthly Increase with
Alley Clean- Surcharge and
up Senior/Mobile
Increase Discount
1 YARD BIN X 1 /WEEK 0.09 0.10
1 YARD BIN X 2/WEEK 0.17 0.19
1 YARD BIN X 3 /WEEK 0.26 0.29
1 YARD BIN X 4/WEEK 0.35 0.39
1 YARD BIN X 5 WEEK 0.43 0.48
1 YARD BIN X 6/WEEK 0.52 0.58
2 YARD BIN X 1 /WEEK 0.17 0.19
2 YARD BIN X 2/WEEK 0.35 0.39
2 YARD BIN X 3 /WEEK 0.52 0.58
2 YARD BIN X 4/WEEK 0.69 0.77
2 YARD BIN X 5 /WEEK 0.87 0.97
2 YARD BIN X 6/WEEK 1.04 1.16
3 YARD BIN X 1 /WEEK 0.26 0.29
3 YARD BIN X 2/WEEK 0.52 0.58
3 YARD BIN X 3 /WEEK 0.78 0.87
3 YARD BIN X 4/WEEK 1.04 1.16
3 YARD BIN X 5 /WEEK 1.30 1.44
3 YARD BIN X 6/WEEK 1.56 1.73
4 YARD BIN X 1 /WEEK 0.35 0.39
4 YARD BIN X 2/WEEK 0.69 0.77
4 YARD BIN X 3 /WEEK 1.04 1.16
4 YARD BIN X 4/WEEK 1.39 1.54
4 YARD BIN X 5 /WEEK 1.73 1.92
4 YARD BIN X 6/WEEK 2.08 2.31
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BUSINESS CALENDAR
RESOLUTION
55.A. SANTA ANA PUBLIC LIBRARY MEMBERSHIP TO THE LIBRARY OF
CALIFORNIA ARROYO SECO LIBRARY NETWORK
Motion: Adopt resolution.
RESOLUTION NO. 2002-044 - A resolution of the city council of the City
of Santa Ana authorizing the Santa Ana public library to join the library of
California Arroyo Seco Library Network - Library Services
MOTION: Alvarez SECOND: Bist
VOTE: AYES: Alvarez, Bist, Christy, McGuigan, Solorio (5)
NOES: None (0)
ABSENT: Franklin, Pulido (2)
55.B. ACTIONS MODIFYING REFUSE ADMINISTRATIVE FEES
Motion: 1. Adopt resolution.
RESOLUTION NO. 2002-045 - 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 - Public Works Agency
2. Direct the City Attorne to prepare and authorize the City Manager
and Clgritsao
' Cuncil to xecute agreement.
GMT NO. 2002-082 - Ex cute an amendment to the agreement with
aste Managementific establishing a method for adjusting the City's
a ministrati a fee for curbside service - Public Works Agency
MOTION: Bist SECOND: Alvarez
VOTE: AYES: Alvarez, Bist, Christy, McGuigan, Solorio (5)
NOES: None (0)
ABSENT: Franklin, Pulido (2)
CITY COUNCIL MINUTES 186 MAY 20, 2002
CONSENT CALENDAR
Motion: Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreement.
AGMT NO. 2002-080 - Execute an amendment to the agreement with
Waste Management, Inc. in the amount of $76,800.00 to provide alley and
parkway clean-up - Public Works Agency
25.P. MINNIE STREET FAMILY RESOURCE CENTER
Motion: 1. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreement.
AGMT NO. 2002-081 - Execute an agreement with the Orange County
Social Services Agency and service partners, including Child Guidance
Center, Human Options, Cambodian Family and the Santa Ana Unified
School District to provide additional funding and services for the Minnie
Street Family Resource Center for the period of July 1, 2002 through
September 30, 2003
2. Approve appropriation adjustment. (Requires five affirmative
votes.)
APPROPRIATION ADJUSTMENT NO. 02-225 - Recognize
$427,000.00 of Orange County Social Services Agency funds in the
Minnie Street Family Resource Center revenue account and
appropriate funds in the Minnie Street Family Resource Center
expenditure account - Parks, Recreation, and Community Services
Agency
MISCELLANEOUS BUDGET
29.A. LEAGUE OF CALIFORNIA CITIES ORANGE COUNTY DIVISION
ANNUAL DUES
Motion: Authorize the City of Santa Ana% membership with the League of
California Cities Orange County Division in the amount of $40,148.00
- City Manager's Office
*** END OF CONSENT CALENDAR ***
CITY COUNCIL MINUTES 185 MAY 20, 2002
REQUEST FOR
COUNCIL ACTION Ed„cauo" 's°
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
MAY 20, 2002
TITLE: APPROVED
❑ As Recommended
ACTIONS MODIFYING REFUSE ❑ As Amended s
❑ Ordinance on 1 Reading
ADMINISTRATIVE FEES
0 Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
v.Gc_—� FILE NUMBER A-2002-082
CITY M AGER e) r oD<- 0V
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. establishing a method for
adjusting the City' s administrative fee for curbside service.
DISCUSSION
Pursuant to the agreement with Waste Management, the City currently
receives seven and one-half percent of the business and apartment refuse
charges to pay for the costs of administering the refuse collection and
recycling enterprise . That percent (referred to as the refuse program
surcharge) has remained at the same level since 1997 .
Any change in the surcharge must be established by Council resolution.
At this time, it is recommended that the surcharge be increased to nine
percent to support increased costs of the enterprise. Other cities
charge similar fees that range up to 19 . 4 percent . Due to decreases in
other components of the business and apartment rates, there will be no
increase in the total rates charged to the customers .
The agreement with Waste Management also establishes the rate for
curbside service and a methodology for adjusting the disposal, hauling
and processing components of that rate. A method for adjusting the
administrative component was inadvertently omitted from the agreement.
As a result, the City' s administrative fee has remained the same for the
past 12 years . The proposed amendment to the agreement will restructure
the method of calculating the fees to accommodate future increases in
this administrative component based on the consumer price index. The new
Page 197 55 • B •
Actions Modifying Refuse
Administrative Fees
May 20 , 2002
Page 2
method of calculation will be implemented during the 2003-2004 fiscal
year; the proposed action will not create an increase in rates during
either the current or 2002-2003 fiscal year.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The increased program surcharge on business and apartment service will
generate approximately $250, 000 for fiscal year 2002-03 and will be
deposited into the refuse collection fund (account no. 69-01-5112) .
Given the method by which the fee is structured, there will be no direct
impact to the rate payers in fiscal year 2002-2003 as result of this
action.
APPROVED AS TO FUNDS AND ACCOUNTS :
I r /e4
Jai -s G. Ros Rod R. Coloma 9
E ecutive Director Executive Director
•ublic Works Agency Finance & Mgmt . Services Agency
55. B • Page 198
MV 05-14-02
RESOLUTION NO. 2002-045
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 Waste
Management Collection and Recycling Inc.(Contractor) whereby
Contractor is the exclusive provider of the collection, transportation
disposal of solid waste within the corporate limits of the City of Santa Ana.
B. Pursuant to the exclusive contract, Contractor pays to the City of Santa
Ana a solid Waste Program Surcharge based upon the gross receipts
received by contractor.
C. The program surcharge revenue is used to pay for the cost to administer
the refuse and recycling program.
D. Administrative costs 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 Exhibit A located in the Public Works Agency
and is incorporated herein by this reference as though fully set forth. The
fee established by this resolution is estimated to collect $1.5 million per
year.
E. The amount of the program surcharge is currently set at seven and one
half (71/2%) percent of gross receipts of Contractor for business and
apartment service.
F. The surcharge percentage has remained the same since 1997.
G. The cost to provide administration of refuse and recycling program has
increased above the cost currently collected pursuant to the program
surcharge.
Resolution No. 2002-045
Page 1 of 3
H. The money collected by the refuse program surcharge has been
conservatively set; the fee will not pay for all the costs of the. The
increase in the refuse program surcharge established by this resolution is
estimated to collect $250,000.00 per year.
I. The increase in the program surcharge will not increase the total rates
charged to the customers.
J. 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 seven and one half (71/2%) to nine (9%) percent.
B. The Contractor shall commence collecting this refuse program surcharge
effective July 1, 2002.
Section 3. That without further action of the City Council this increase in program
surcharge shall be incorporated into the City's Miscellaneous Fee Schedule.
Section 4. 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 20th day of May, 2002.
St-Miguel A. Pulido \
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
•
By: U lyijk---,
Michael Vigliotta
Deputy City Attorney
Resolution No. 2002-045
Page 2 of 3
AYES: Councilmembers: Alvarez, Bist, Christy, McGuigan, Solorio (5)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Franklin, Pulido (2)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2002-045 to be the original resolution adopted by the City
Council of the City of Santa Ana on May 20, 2002.
Date: , �
ClerIof the Council
City of Santa Ana
Resolution No. 2002-045
Page 3 of 3