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Home My WebLink About25E - AGMT HAZ WASTE COLLECTIONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: AGREEMENT AMENDMENTS WITH WM CURBSIDE AND WELLDYNERX FOR HAZARDOUS WASTE COLLECTION SERVICES {STRATEGIC PLAN NO. 4, 1 & 5} ClANAGER RECOMMENDED ACTION 144Ar,013016P1�N1_111111114410lilW ❑ As Recommended ❑ As Amended ❑ Ordinance on V Reading ❑ Ordinance on 2n1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to amend the agreement with WM Curbside, LLC, for residential universal waste collection by amending the term of the existing agreement to expire on June 30, 2020, with a one-year extension option, 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 WM Curbside, LLC, for battery recycling by amending the term of the existing agreement to expire on June 30, 2020, with a one-year extension option, subject to nonsubstantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager and Clerk of the Council to amend the agreement with WeIlDyneRx for medical sharps disposal services by amending the term of the agreement to expire on June 30, 2020, with a one-year extension option, 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 is in the process of engaging a solid waste consultant 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 2020. 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 WeIlDyneRx to provide residents with free, safe disposal of medical 25E-1 Amend Agreements with WM Curbside, LLC, and WeIlDyneRx May 15, 2018 Page 2 sharps and needles, which require special handling. All three agreements are set to expire June 30, 2018. The development of the new scope of work for solid waste services may include some, or all, of these 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, 2020, with a one-year extension option, 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. These agreements are being extended to be co -terminus with the Solid Waste Services Agreement with Waste Management and are an extension of time only. 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 There is no fiscal impact. G Edwin liam" Galve , P.E. Acting Executive Director Public Works Agency EG/MLM/CK Exhibits: 1. Residential Universal Waste Collection Agreement with WM Curbside, LLC 2. Battery Recycling Agreement with WM Curbside, LLC 3. Medical Sharps Disposal Agreement with WeIlDyneRx 25E-2 SECOND AMENDMENT TO AGREEMENT TO PROVIDE RESIDENTIAL UNIVERSAL WASTE COLLECTION THIS SECOND AMENDMENT to the above -referenced agreement is entered into on May 15, 2018 by and between WM Curbside, LLC ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2008-062, dated April 7, 2008, by which Contractor has provided residential universal waste services for City residents. The original term of the Agreement was defined by the expenditure of available funds. B. In the original Agreement, Contractor was referred to as Curbside, Inc. but is now known as VIM Curbside, LLC. C. On May 4, 2016, the parties entered into First Amendment to Agreement No. A-2016-102 to adjust the compensation and extend the term of the Agreement The Agreement remains in effect through June 30, 2018. D. The parties now wish to extend the Agreement through June 30, 2020, subject to a one- year extension. The Parties therefore agree: 1. Section 3, Term, is amended to extend the term of the Agreement for an additional two (2) year period through June 30, 2020. The term may be further extended for one (1) year upon mutual agreement by the parties. 2. Except as modified by this Second Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council 8E'3 CITY OF SANTA ANA RAUL GODINEZ II City Manager APPROVED AS TO FORM WM CURBSIDE, LLC SONIA R. CARVALHO, City Attorney By: JO .FUNK Assis ant City Attorney RECOMMENDED FOR APPROVAL: By: Title: Edwin"William" Galvez, P.E. Acting Executive Director Public-Works.Agency--- --------- --- - — — — — --- - - - — -- -- -- --- 2 25E-4 THIRD AMENDMENT TO AGREEMENT TO PROVIDE SMALL BATTERY RECYCLING THIS THIRD AMENDMENT to the above -referenced agreement is entered into on May 15, 2018 by and between WM Curbside, LLC ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. N-2007-086, dated July 1, 2007, by which Contractor has provided battery removal and recycling services for City residents. The original term of the Agreement was from July 1, 2007 until June 30, 2009. B. In the original Agreement, Contractor was referred to as Curbside, Inc. but is now known as WM Curbside, LLC. C. On September 1, 2009, the parties entered into First Amendment to Agreement No. N- 2007-086-001 to extend the term of the Agreement through the expenditure of allocated funds. D. On May 4, 2016, the parties entered into Second Amendment No. A-2016-103 to adjust the compensation and further extend the term of the Agreement. The Agreement remains in effect through June 30, 2018. E. The parties now wish to extend the Agreement through June 30, 2020, subject to a one- year extension. The Parties therefore agree: Section 3, Term, is amended to extend the term of the Agreement for an additional two (2) year period through June 30, 2020. The term may be further extended for one (1) year upon mutual agreement by the parties. 2. Except as modified by this Third Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council N 5 CITY OF SANTA ANA RAUL GODINEZ R City Manager APPROVED AS TO FORM WM CURBSIDE, LLC SONIA R. CARVALHO, City Attorney By: V.f,�A- JO I. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: Edwin "William" Galvez, P.E. Acting Executive Director Public Works Agency 25E-6 By: Title: FOURTH AMENDMENT TO AGREEMENT WITH WE, LLDYNERx FOR PROFESSIONAL SERVICES ("SHARPS PROGRAM") THIS FOURTH AMENDMENT to the above -referenced agreement is entered into on May 15, 2018 by and between WellDyneRx ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2007-278, dated December 3, 2007, by which Consultant has provided services to ensure that used medical needles are collected from City residents and disposed of in a safe and sanitary manner. The original term of the Agreement was from January 1, 2008 until December 31, 2008. B. In the original Agreement, Consultant was known as WellDyne/Rx West but has since been rebranded as WellDyneRx. C. On December 31, 2008, the parties entered into First Amendment to Agreement No. A- 2007-278-01, to extend the term of the Agreement until June 30, 2010. D. On June 30, 2010, the parties entered into Second Amendment to Agreement No. A-2007- 278-02, to further adjust the compensation and extend the term of the Agreement. E. On May 4, 2016, the parties entered into Third Amendment to Agreement No. A-2016-104 to again adjust the compensation and extend the term of the Agreement The Agreement remains in effect through June 30, 2018. F. The parties now wish to extend the Agreement through June 30, 2020, subject to a one- year extension. The Parties therefore agree: 1. Section 3, Term, is amended to extend the term of the Agreement for an additional two (2) year period through June 30, 2020. The term may be further extended for one (1) year upon mutual agreement by the parties. 2. Except as modified by this Fourth Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. [signature page to follow] IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: JO .FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: Edwin "William" Galvez, P.E. Acting Executive Director Public Works Agency 25E-8 CITY OF SANTA ANA RAUL GODINEZ II City Manager WELLDYNERx By: Title: