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HomeMy WebLinkAbout25N - AGMT WASTE MGT BILLREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2018 TITLE: APPROVE AN AMENDMENT TO THE SOLID WASTE SERVICES AGREEMENT WITH WASTE MANAGEMENT OF ORANGE COUNTY TO ADDRESS IMPLEMENTATION OF ASSEMBLY BILL 1826 MANDATES (STRATEGIC PLAN NO. 4, 1) IIAA � C Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on ls' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the proposed Amendment to the Fourth Amended and Restated Agreement for Collection and Handling of Solid Waste with Waste Management Collection and Recycling, Inc. (dba Waste Management of Orange County), that mitigates potential enforcement action by CalRecycle and promotes participation by commercial and multi -family locations in mandatory organics recycling through the establishment of an incentivized commercial recycling program to address implementation of Assembly Bill 1826 mandates, subsidized by the City at a cost not to exceed $627,312, including a 20 percent contingency, for the remaining term of the agreement, beginning January 1, 2019, through June 30, 2021, including an optional one-year extension, if needed, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On December 5, 2017, City Council approved the Extension of Fourth Amended and Restated Agreement with Waste Management Collection and Recycling, Inc. (dba Waste Management of Orange County). The extension included programming to address the unfunded State legislative mandates for commercial/multi-family recycling, Assembly Bill 341 (AB 341); and commercial organics recycling, Assembly Bill 1826 (AB 1826). It provided for immediate implementation, bringing the City into compliance with State requirements for education and outreach programming. In 2018, the State of California (CalRecycle) increased enforcement of AB 341 to require program implementation. This resulted in the City being formally referred to the CalRecycle Jurisdiction Compliance Unit (JCU) in early 2018. Because the City had begun implementing education and outreach programming, and since the extension agreement with Waste Management (WM) already included commercial recycling services at rates lower than solid waste services rates, significant implementation is occurring. By demonstrating this level of 25N-1 Approve Amendment to the Solid Waste Agreement and Appropriation Adjustment December 18, 2018 Page 2 compliance, the City anticipates that the JCU will not recommend further compliance action, and the City will continue to avoid fine assessments related to AB 341. However, as of April 2018, the City is currently under preliminary review by the JCU for AB 1826 commercial organics recycling noncompliance. Education and outreach programming without program implementation will not be sufficient to protect the City from formal referral and potential fines assessment. Organics recycling comes at a significant cost (i.e., containers, trucks, staffing, processing, and disposal, etc.). The City's extension agreement allowed WM to set rates for organics recycling services. The current rate, which reflects the actual cost of providing the service, is significantly more than the rate for equivalent solid waste collection services in the City of Santa Ana. Even when combined with comprehensive education and outreach, program participation continues to be minimal and does not meet the mandates of AB 1826. To avoid formal referral to the JCU and potential assessment of fines, the organics recycling program needs rates that will incentivize participation. Many Orange County cities are achieving the highest AB 1826 compliance by designing programming that includes a financial incentive. Of 20 Orange County cities surveyed, 14 cities, or 70%, (Exhibit 2) provided reduced rates as an incentive to businesses to implement organics programs and to help achieve AB 1826 compliance. Staff is recommending approval of an amendment to the extended solid waste services agreement that establishes a new commercial organics recycling program that combines education and outreach with a reduced rate incentive of 50% of the cost of comparable solid waste service. The proposed organics rate incentive would allow businesses to incorporate organics recycling service and to comply with AB 1826 without experiencing significant disposal cost increases. The new program would begin on January 1, 2019, and continue through the end of the extended solid waste services agreement (June 30, 2020) or until the end of the optional one-year extension (June 30, 2021), if exercised. The total cost, including the optional extension, is estimated to be $522,760. An additional 20% contingency of $104,552 will be set aside, should participation exceed estimates. Continued AB 1826 programming will be a component of the Scope of Work for the new solid waste services Request for Proposals. STRATEGIC PLAN ALIGNMENT Approval of the item supports the City's efforts to meet Goal #4 — City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. However, increased recycling activity will divert materials from the landfill, thus extending the life of the landfill system and recovering valuable recyclable resources. FISCAL IMPACT The estimated cost for the new commercial organics recycling program is $522,760 plus a 20% contingency of $104,552, for a total of $62J1�_Ynds are available for expenditure in Fiscal Approve Amendment to the Solid Waste Agreement and Appropriation Adjustment December 18, 2018 Page 3 FISCAL IMPACT The estimated cost for the new commercial organics recycling program is $522,760 plus a 20% contingency of $104,552, for a total of $627,312. Funds are available for expenditure in Fiscal Year 2018-19 in the Sanitation Fund -Contract Services Professional account (No. 01117643- 62300). As part of the Fiscal Year 2019-20 Budget, a reconciliation of Refuse Enterprise revenues will be completed to identify the balance available for this and other General Fund uses. The estimated spending plan is as follows: FISCAL YEAR PROGRAM COST CONTINGENCY TOTAL FY 2018-19 $40,6101 $8,1221 $48,732 FY 2019-20* $177,130 $35,426 $212,556 FY 2020-21* $305,020 $61,004 $366,024 TOTAL: $522,760 $104,552 $627,312 'Increased annual Program Cost reflects increased mandated ABI826 implementation thresholds. APPROVED AS TO FUNDS AND ACCOUNTS: Fuad S. Weiss, PE, PLS Kathryn Downs, CPA ExecutIrks Director Executive Director Public Agency Finance and Management Services Agency FSS/MLM/CK Exhibits: 1. Amendment to the Fourth Amended and Restated Agreement 2. Survey of OC Cities' AB 1826 Program Funding Mechanisms 25N-3 25N-4 AMENDMENT TO FOURTH AMENDED AND RESTATED AGREEMENT FOR COLLECTION AND HANDLING OF SOLID WASTES GENERATED, PRODUCED AND/OR ACCUMULATED IN THE CITY OF SANTA ANA This AMENDMENT TO FOURTH AMENDED AND RESTATED AGREEMENT FOR COLLECTION AND HANDLING OF SOLID WASTES GENERATED, PRODUCED AND/OR ACCUMULATED IN THE CITY OF SANTA ANA ("Amendment") is made and entered into this 18th day of December, 2018 by and between 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") and Waste Management Collection and Recycling, Inc., a California corporation dba Waste Management of Orange County ("CONTRACTOR!). RECITALS A. The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, Division 30 of the California Public Resources Code, commencing with Section 40000 ("C1WMA"), declares that it is within the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions. B. 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. C. On June 30, 1993, CITY and CONTRACTOR entered into an agreement for such Solid Waste collection and handling. D. Since the execution thereof, CITY and CONTRACTOR jointly concurred that it would be in the best interest of the CITY and the residents therein that the Original Agreement be revised to provide for Solid Waste collection, recycling and disposal of Curbside Service Units by means of automated Solid Waste collection vehicles and Solid Waste collection and recycling plastic carts. E. On June 1, 1996, CITY entered into an agreement entitled "Amended and Restated Agreement for Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" with Great Western Reclamation, a division of CONTRACTOR, to effectuate the new curbside service collection program. F. On June 19, 1997, CITY entered into an Agreement entitled "Second Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" with Great Western Reclamation, a division of CONTRACTOR, to clarify the responsibilities associated with the collection, handling, and processing of solid waste collected by CONTRACTOR. Exhibit 1 Page 1 of 4 25N-5 G. On April 3, 2005, CITY entered into an Agreement entitled "Third Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" with USA Waste of California, Inc., a division of CONTRACTOR, in order to, among other things: (i) extend the term of the Agreement to June 30, 2018, (ii) incorporate new programs to increase recycling and reduce illegal disposal of used oil, as well as to reduce illegal dumping and litter throughout the CITY and (iii) include measures to ensure continued compliance with the 50% diversion requirements as imposed by the State of California. H. On June 20, 2017, CITY entered into a Fourth Amended and Restated Agreement with USA Waste of California, Inc., a division of CONTRACTOR, to incorporate the provisions of previous amendments and to clarify, update and realign other provisions of the Agreement, No. A-2006-071-01 ("Fourth Amended Agreement") I. Effective December 5, 2017, the Parties entered into an extension of the Fourth Amended Agreement, No. A-2017-342, and added certain other provisions, including new programs to increase recycling throughout the CITY, measures to ensure continued compliance with state diversion requirements, and clarification of CONTRACTOR's correct legal name. The Fourth Amended Agreement remains in effect through June 30, 2020 and may be extended through June 30, 2021 by mutual agreement of the Parties. J. The Parties now wish to farther amend the Fourth Amended Agreement to include additional provisions that the Parties have agreed to for the balance of the term of the Fourth Amended Agreement, including any extension period, if any. The Parties therefore agree: 1. REDUCED RATE COMMERCIAL ORGANIC WASTE RECYCLING SERVICES: Effective January 1, 2019, CONTRACTOR shall offer commercial organic recycling services to each business within City, as the term "business" is defined by California Public Resources Code section 42649.8, at a reduced rate of fifty percent (50%) of the solid waste collection service rates for equivalent service levels, as depicted by Exhibit 1 and as thereafter established in accordance with the Fourth Amended Agreement. On a monthly basis, CONTRACTOR shall provide the CITY a listing of all businesses receiving organics recycling service together with account number, address, size of containers serviced, number of containers serviced, and level of service provided. For each such business, CITY will pay CONTRACTOR a monthly sum equal to the actual total monthly cost of providing organics waste recycling service. less the reduced monthly rate paid by the business to CONTRACTOR. 2. Except as modified by this Amendment, all terms and conditions of the Fourth Amended Agreement, as extended, remain in fall force and effect. X N Page 2 of 4 25N-6 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Fourth Amended 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: J N M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL FUAD S. SWEISS, PE, PLS Executive Director Public Works Agency Page 3 of 4 25N-7 CITY OF SANTA ANA RAUL GODINEZ II City Manager CONTRACTOR Name: Title: Description of Service Levels Solid Waste Monthly Organics Monthly Collection Rate per Bin (50% of Solid Waste Rate) Organics Monthly Description of Service Levels $48.99 Collection Rate per $ 173.66 Collection Rate per 2 YARD BIN X 3/WEEK $ 249.24 Cart 2 YARD BIN X 4/WEEK Cart (50%of Solid $162.39 2 YARD BIN X 5/WEEK $ 400.40 $200.20 Waste Rate) 64 GALLON CART X 1/WEEK $ 46.75 $ 23.37 64 GALLON CART X 2/WEEK $ 81.62 $ 40.81 64 GALLON CART X 3/WEEK $ 116.57 $ 58.28 64 GALLON CART X 4/WEEK $ 151.53 $ 75.76 64 GALLON CART X S/WEEK $ 186.43 $ 93.22 64 GALLON CART X 6/W EEK $ 233.16 $ 116.58 Description of Service Levels Solid Waste Monthly Collection Rate per Bin Organics Monthly Collection Rate per Bin (50% of Solid Waste Rate) 2 YARD BIN X 1/WEEK $ 97.98 $48.99 2 YARD BIN X 2/WEEK $ 173.66 $86.83 2 YARD BIN X 3/WEEK $ 249.24 $124.62 2 YARD BIN X 4/WEEK $ 324.78 $162.39 2 YARD BIN X 5/WEEK $ 400.40 $200.20 2 YARD BIN X 6/WEEK $ 509.61 $254.81 Page 4 of 4 25N-8 25N-9 m m m m OI m U 0 0 0 0 0 0 Z N N N N N N Q J J J 6 6 6 1 6 2 1 Q Q Q Q Q¢ OV 000000 Q z Q z z z Z Z Z Z Z Z m 0 0 0 0 0 0 ¢ H H H H r H G } mm 0 0 m 0 m 0 m 0 m 0 u N w � a a a n a a m F S Y 0 Y 0 Y 0 Y 0 Y 0 Y 0 Y 0 -0,-010-1-01-010- 0 Y 0 Y 0 Y 0 Y 0 Y 0 Y 0 - 0 0 Y>}}}}> 0 m w m r m ti m m S m n i¢¢¢ m m =W V I m m m U_ a U_ m>> U V V a� V S aD oD-a2 i.3 otl M oD on i 00 of x10 U U u 3 3 U U 3 Ulu 3 w 0 0 0 w 3 a a a rc a "-' m mmm ammm vii u�i ai a � a a Q m c m 0 ei o ei N rl n ei a rl o 0 0 to o m o 0 e1 o N m ei o e1 m ei m m N m N m x 0 0 0 0 0 0 . 0 . 0 . . 0 0 . . 0 . 0 0 0 0 0 0 0000 0 0 0 0 0 E g N N N N N N N N N N N N ry N N N N N N N N N baa Y Qm a N ory amnom v v, m No moingn 0000 n m� n rvmm vi n m mmmrvmNmti In vii 2 N $ H C a Fa N U 000 a E a a a �+ E E E > > EEE E?? 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