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HomeMy WebLinkAboutWASTE MANAGEMENT COLLECTION AND RECYCLING, INC. (DBA WASTE MANAGEMENT OF ORANGE COUNTY)11i6i jRA,110%ON [!t w VJC?F4( gd ,, Pfa l,0EED Ci 'NS RAN�rEXP�RE,G C<I,.[N'OFOUNGIt. D'i�£. APR 0 4 2019AMENDMENT TO FOURTH AMENDED AND RESTATED Q -'VJ � til AGREEMENT FOR COLLECTION AND HANDLING bo,�_ 1 �,Vd�b5 OF SOLID WASTES GENERATED, PRODUCED AND/OR ACCUMULATED IN THE CITY OF SANTA ANA A-2017-342-01 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 ("CIWMA"), 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 changes 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. Page 1 of 4 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, CM 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 further 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 WASTL 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 I 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 stun 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 full force and effect. N N Page 2 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Fourth Amended Agreement on the date and year first written above. ATTEST '•_4 u '������ Norma Mitre Acting Clerk of the Council " Xly' APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By; J !N M. FUNK A sistant City Attorney FOR APPROVAL `J FUADSWEISS, PE, PLS Executi Director Public rks Agency Page 3 of 4 CITY OF SANTA ANA Steven A. Mendoza Acting City Manager CONTRACTOR Waste Management Collection and Recycling, Inc., dba Waste Management of Orange County N Larrd Meer T C:Pres" int- outhern California Area Description of Service Levels Solid Waste Monthly Collection Rate per Cart Organics Monthly Collection Rate per Bin (50% of Solid Waste Rate) Organics Monthly Collection Rate per Cart (50%of Solid 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/W EEK $ 116.57 $ 58.28 64 GALLON CART X 4/WEEK $ 151.53 $ 75.76 64 GALLON CART X 5/WEEK $ 186,43 $ 93,22 64 GALLON CART X 6/WEEK $ 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 $ 400.46 $200.20 2 YARD BIN X 6/WEEK $ 509.61 $254.81 Page 4 of 4 o CERTIFICATE OF LIABILITY INSURANCE DATE/4/2018 i. �...�� tnrzozo 12/4/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(los) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES 3657 BRIARPARK DRIVE, SUITE 700 HOUSTON TX 77042 866-260-3538 NAME: la PHONE t A C No Ext : AC No): E-MAIL ADDRESS: INSURER DING COVERAGE NAIC If HDOG71212993 INSURER A: ACE American Insurance Company 22667 e. INSURED WASTE MANAGEMENT OLDI S,INC. & ALL AFFILIATED, 1348279_RELATED&SUBSIDIARY. COMPANIES INCLUDING_--__ WASTE MANAGEMENT = F ORANGE COUNTY GREAT WESTERN REC'AIMATION 1800 SOUTH GRAND A 9NUE INSURERS : ACE Pro ert & Casualty Insurance Co 20699 _. _ INSURER C : Allied World Assurance Comp=Ltd 94128 --- SURE D • Ann Re Ltd. INSURER E SANTA ANA CA 92705 INSURER F: rn%1PPAr FS rCDTICIr ATC KHIRRGCG• t t SR97110 oovrmnur unenove. wvvvvv THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSD SUB9 POLICY NUMBER OYWW F10P EXV LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y HDOG71212993 1/1/2019 1/1/2020 EACH OCOURRENCE 5,000,000 CLAIMS-MADED OCCUR PA GES Roccu e e 5,000,000 MED EXP (Any one arson XXXXXXX X XCIJ INCLUDED X ISO FORM 0.00 00 1 04 1 3 PERSONAL & ADV INJURY $ 5,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY JROi FX LOC GENERAL AGGREGATE $ 6,000,000 PRODUCTS. COMP/OP AGG $ 6,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y Y MMT H08866326 1/1/2019 1/!/2020 EOMe,'OdED1SINGLE LIMIT $ 1,000,000 an X ANYAUTO BODILY INJURY (Per person) $ XXXXXXX u X AUTOS ONLY SCCYOS ED�rUyLEEDp"""""-- q BODILY INJURY (Per accident $ Xj{}{}{�{}{�' X AUTOS ONLY X AUTOSONLY Pao eltle DAMAGE $ XXXXXXX $ XXXXXXX X MCS -90 B C }{ UMBRELLA LIAB EXCESS LIAB NOCCUR CLAIMS -MADE Y Y X00627929242004 C035009/003 1/1/2019 I/l/2019 1/1/2020 1/1/2020 EACH OCCURRENCE $ 100.000,000 AGGREGATE $ 100,000,000 DED RETENTION$ $ XXXXXXX C C001389/017 1/1/2019 1/1/2020 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFF CERIMEMBER EXCLUDED? (Mandatory In Ne) It yes, dPnbe ander DESCRIPTION OF OPERATIONS below NIA Y WLR 065435809 (AZ,CA&M 1/1/2019 1/1/2020 PER OTH- X STATUTE E.L. EACH ACCIDENT 3,000,000 E.L. DISEASE - EA EMPLOYEE 3,000,000 E.L. DISEASE - POLICY LIMIT 3,000,000 A EXCESS AUTO LIABILITY Y Y XSAH25278598 1/1/2019 !/1/2020 COMBINED SINGLE LIMIT $9,000,000 (EACH ACCIDENT) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER 1S NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMP/EL WHERE AND TO THE EXTENT RE OWED BY WRITTEN CONTRACT. ADDITIONAL INSURED IN FAVOR OF CITY OF SANTA ANA ITS OFFICERS AGGNTS AN� EMPLOYEES (ON ALL POLICIAS EXCEPT WORKERS' COMPENSATION/EL) WHERE AND TO THE EXTENT AS REQUIRED BY WRITTEN CONTRACT. THE ABOVE AUTO LIABILITY POLICY PROVIDES LIABILITY COVERAGE TO THE TRUCKS OWNED BY THE CITY OF SANTA ANA THAT ARE OPERATED AND MAINTAINF-D BY WASTE MANAGEMENT OF ORANGE COUNTY. REVIEWED BY: EUNICE HEREDiA (PG 1 OF fi) UEKIIVIOAILNLJLUEK CANCELLATION Nee Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11582709 AUTHORIZED REPRESENTATIVE CITY OF SANTA ANA 20 CIVIC CENTER PLAZA PFO. BOX 1988 SANTA ANA CA 92701 ACORD 25 (2018/03) ©1988.2015 ACORD CORPORATIC111. All rights reserved The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company ACE American Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # HDO 671212993 --------relating to the following: --------.------ * 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. *2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance canned by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 01/01/2019 , this endorsement form as a part of Policy # HDO 671212993 Issued to WASTE MANAGEMENT OF ORANGE COUNTY Named Insured Countersigned by * where and to the extent required by written contract. Attachment Code : D470838 Certificate ID : 11582709 Authorized Representative Exhibit B REVIEWED BY: EUNICE HEREDIA taGZoFS,)