HomeMy WebLinkAbout FULL PACKET_2006-02-21SANTA ANA CI,TYGOU~VCIL COMMITTEE
PUBL~G~ SAFETY
;Minutes of Meeting
~~ ~_July 11 2005
CALL TO ORDER
The meeting was convened at 6:05 p.m. in City Hall, 20 Civic Center Plaza, Stn
Floor, Room 831, Santa Ana, California.
ATTENDANCE
Councilmembers present: Alberta Christy, Claudia Alvarez and Carlos
Bustamante.
Staff present: Assistant City Attorney Paula Coleman, Police Chief Paul Walters,
Fire Chief Phil Garcia, Fire Marshal Lori Smith, Deputy City Attorney Mike
Vigliotta, and Sgt. Lorenzo Carrillo.
Public present: Evangeline Gawronski, President of Comlink
SUMMARY OF DISCUSSIONS
1, APPROVAL OF MINUTES
Approved Minutes of the May 9, 2005 meeting.
2. PROPOSED FIREWORKS ORDINANCE
After discussion, the Committee recommended that the Ordinance be
modified to include the 80 percent residency requirement and forward to
the City Council for review.
3. FIRE AND POLICE DEPARTMENTS JULY 4T" UPDATE
Fire Marshal Smith and Sgt. Carrillo reviewed the Enforcement and
Educational Campaigns that were employed on July 4tn. The Committee
suggested that the City work with the other five cities that allow fireworks
regarding penalty phases to coordinate penalties for violations of the
Fireworks Ordinance. It was also suggested that a meeting be held with
Costa Mesa and Garden Grove Fire Chiefs and Police Chiefs to solicit
their participation in enforcement efforts.
13B-1
2
4. PUBLIC COMMENTS
Evangeline Gawronski reported concerns and complaints regarding
illegal fireworks from the Comlink Association. She suggested that
residents need to get more involved and educational flyers passed
out by Neighborhood Associations.
5. COMMITTEE COMMENTS
There were no Committee Member comments.
6. ITEMS FOR NEXT MEETING
A. Towing Companies Update
B. Red Light Program Enforcement and Revenue
C. Review Training for Police Officers Driving and Firing Range
7. NEXT MEETING DATE -Monday, September 12, 2005, 6:00 p.m.,
Police Department, 4th Floor Conference Room, 60 Civic Center
Plaza, Santa Ana, California.
ADJOURNMENT - 7:20 p.m.
Qom- W
PAUL M. WALTERS
Chief of Police
~c
13B-2
CITY COUNCIL COMMITTEE ON
NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT
Meeting Minutes
November 22, 2005
CALL TO ORDER
The meeting was called to order at 5:36 p.m. in Training Room 1602, City Hall Ross Annex.
ATTENDANCE
The following Councilmembers were present: Lisa Bist and Alberta Christy
Absent: Carlos Bustamante
Staff present were: Stephen Harding, Deputy City Manager/Development Services; Jay
Trevino, Executive Director Planning and Building Agency; Kenneth Adams, Assistant
Director Planning and Building Agency; Kylee Otto, Assistant City Attorney; Bruce Dunams,
Community Preservation Manager; and Estella Rodarte, Senior Community Preservation
Inspector.
AGENDA ITEMS
APPROVAL OF MINUTES -OCTOBER 25, 2005 MEETING
Approved by a vote of 2:0 (Bustamante absent)
2. SHOPPING CART ORDINANCE DISCUSSION -Continued to January meeting.
3. STREET CURB ADDRESS PAINTING -Continued to January meeting.
4. GPS TRACKING SYSTEM FOR MOBILE VENDORS -Issue tabled for the time
being.
5. PRE-SALE ORDINANCE
Bruce Dunams provided a review of the status of the pre-sale ordinance to date. He
indicated that staff was reviewing existing ordinances of other communities, updating
the survey matrix of those cities and preparing an agenda for the proposed meeting
with the East Orange County Board of Realtors.
Jay Trevino indicated that staff may recommend a full inspection program designed
the meeting the city's primary responsibility of the health and welfare of the
neighborhood communities. He indicated that staff would evaluate a number of
alternate proposals to address the costs/fees associated with such a proposed
ordinance. He also added that staff would review the amnesty construction permit
fee program of the city of Anaheim to see whether it would be desirable in the
context of a pre-sale inspection ordinance.
13B-3
B Committee member Christy reiterated her desire to move forward the program
particularly given the positive implications that it may have on her neighborhood.
Staff expects to provide the following at the next meeting:
A. An analysis of other cities program
B. A recommendation on a partial/full property inspection program
C. Cost/Fee Analysis (to determine how the program is funded)
D. Analysis of Staffing Issues
6. PUBLIC COMMENTS ON NON-AGENDA ITEMS -None
7. COMMITTEE MEMBER COMMENTS -None
8. ITEMS FOR NEXT MEETING
A. Shopping Cart Ordinance Discussion
B. Street Curb Address Painting
C. Pre-Sale Ordinance
9. NEXT MEETING DATE: Tuesday, January 24, 2006
,~
ADJOURNMENT - fi:09 P.M.
Kenneth Adams
Assistant Director Planning and Building
KA/rb
S:Council Comm/NICE CC/NICE Minutes 11-22-05
Neighborhood Improvement/Code 2 November 22, 2005
Enforcement Council Committee Minutes
13B-4
REQUEST FOR ~~
COUNCIL ACTION -
~aucation 18t
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
FEBRUARY 21, 2006
TITLE: APPROVED
APPOINTMENT OF ME1~ERS TO ^ As Recommended
THE SANTA ANA WORKFORCE ^ As Amended
INVESTMENT BOARD ^ Ordinance on 15t Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
' Rr ~ FILE NUMBER
CITY ANAGER
RECOMMENDED ACTION
1. Reappoint John Didion, Devina Lacroix, Gregory Lewis, Pauline Notch,
Jack Oakes, Nancy Quarles, Rick Stroup and Renee Ward to the Santa
Ana Workforce Investment Board for four-year terms.
2. Appoint Robert Fischer to the Santa Ana Workforce Investment Board.
DISCUSSION
On March 6, 2000, the City Council adopted a resolution establishing the
Santa Ana Workforce Investment Board (WIB) and appointed 33 members. In
accordance with the Federal legislation, a majority of the Board and the
Board Chair must represent the private sector. The remaining Board seats
represent education, non-profit organizations, one-stop mandated partners
and local labor organizations.
Presently, there are eight Board members whose terms expire March 2006.
Each of them has expressed an interest in being reappointed to the Santa
Ana Workforce Investment Board for an additional four-year term. The
members seeking reappointment are: John Didion, Executive Vice
Chancellor, Human Resources and Educational Services, Rancho Santiago
Community College District; Devina Lacroix, Owner, Lacroix Roofing, Inc.;
Gregory Lewis, CPA, Partner, Elliott, Lewis, Lieber & Stumpf, Inc.;
Pauline Notch, District Manager, County of Orange, Social Services
Agency/Family Self-Sufficiency; Jack Oakes, Regional Occupational
Programs Director, Santa Ana Unified School District; Nancy Quarles, Vice
President, Human Resources, Goodwill Industries of Orange County; Rick
Stroup, Director, Orange County Conservation Corps; Renee Ward, Owner,
The Forward Group. These Board members are all active and committed to
the goals of the Santa Ana Workforce Investment Board and many are
13C-1
Appointment of Members to the Santa
Ana Workforce Investment Board
February 21, 2006
Page 2
original members who have a desire to continue to serve. Their resumes
are attached as Exhibit 1.
Currently, there are four vacancies on the Board consisting of two
private sector seats, one labor seat, and an economic development seat.
The private sector nominee is Robert Fischer, President, Accurate
Performance Machining (AMP), Inc. His resume and nomination form are
attached (Exhibit 2). At its January 13, 2006, meeting, the Workforce
Investment Board made a recommendation to appoint Mr. Fischer to the
Board. Staff will continue working on filling the remaining three
vacancies.
FISCAL IMPACT
There i no fiscal impact associated with this action.
Patricia C. itaker
Executive Director
Community Development Agency
PCW/FJ/mlr
H:\ACTIONS\2006 CC\Appt-ReApptMemSAWIB - 2-21-06.doc
13C-2
John M. Didion
2965 Oakhurst Court
(714) 529-6742 -home
(714) 529-1025 -home fax
(714) 480-7489 -office
(714) 796-3937 -office fax
EDUCATION
Master of Public Administration
Bachelor of Arts, Journalism
EMPLOYMENT EXPERIENCE
1997 -Present
California State University, Long Beach
May, 1985
University of Southern California
June, 1976
Executive Vice Chancellor, Human Resources
and Educational Services
Rancho Santiago Community College District
Responsible for personnel recruitment and selection, collective bargaining, employer-employee
relations, staff diversity and staff development programs affecting the district's 4,000 employees.
Also responsible for the district's risk management department, as well as workforce education,
institutional research, resource development, and economic development programs.
2004 - 2005
1997 -1998
Interim President
Santa Ana College
Served as chief executive officer of California's fourth oldest community college during two
separate presidential vacancies.
1990 - 1997
Executive Dean, Human Resources
Long Beach City College
Responsible for personnel services, risk management, staff diversity, staff development,
governing board elections, campus security, employee safety, and emergency preparedness.
EXHIBIT 1
13C-3
John M. Didion
Page 2
EMPLOYMENT EXPERIENCE, Continued
1987 - 1990 Director, Support Services
Long Beach City College
Responsible for risk management, workers' compensation, campus security, grounds,
transportation, stadium operations, telecommunications, mailroom, governing board elections,
and community use of facilities. Administered district parking fund and all parking lot
construction projects.
1988
Acting Director, Fiscal Affairs
Long Beach City College
Responsible for district budget, payroll, accounts payable/receivable, and cashiering operations.
1983 - 1987
Director, Employment Training Programs
Cerritos Community College
Served as chief administrative officer for asix-city joint powers authority administering federal
Job Training Partnership Act (JTPA) funds. Served as chief staff person for the governing board
and Private Industry Council (PIC). Responsible for agenda development and coordination of all
PIC and governing board meetings, as well as the planning, implementation, and evaluation of
occupational training programs.
1983 - 1987
Instructor
Cerritos Community College
Member of the adjunct faculty in the Management/Marketing/Business Department.
1981 - 1983
Special Projects Technician
Cerritos Community College
Served as resource development officer for the college. Responsible for identifying external
funding sources, preparing grant proposals, monitoring project expenditures, and preparing
reports and financial claims.
13C-4
John M. Didion
Page 3
CREDENTIALS
Supervisory Credential, California Community Colleges (Life)
Instructor Credential, California Community Colleges (Life):
Business and Industrial Management
Office Services and Related Technologies
Public Services and Administration
PROFESSIONAL ASSOCIATIONS AND ACTIVITIES
Board of Directors, Orange County Teachers Federal Credit Union
Board of Directors, Association of California Community College Administrators (ACCCA)
City of Santa Ana Work Force Investment Board
Board of Directors, Alliance of Schools for Cooperative Insurance Programs (ASCIP)
Board of Directors, Captive Insurance for Public Agencies (CIPA)
Alternate Board Member, Schools Excess Liability Fund (SELF)
California Association of Chief Human Resources Officers
California Association of School Business Officials (CASBO)
13C-5
Devina Lacroix
341 Hermosa Drive
Fullerton, CA 92835
(714) 920-4873 Cellular (714) 966-2691 Office
OBJECTIVE A highly motivated, results oriented CFO, Accounting and Office Manager with over 7
years increasing responsibility in all areas of construction and roofing corporate
structure and accounting. Chaired all meetings as a CEO and Corporate Secretary. I
have handled all facets of Human_Resources issues. I have managed all meeting
minutes and corporate resolutions of our company structure up to date. I have
handled negotiating and administering contracts, scheduled jobs and subsequent
inspections. I have dealt with all aspects of vendors and suppliers, including accounts
payables and receivables, collections, including but not limited to applicable
Mechanics Lien Laws. My extensive experience includes producing outstanding
results while interfacing with CPA's by using excellent bookkeeping and accounting
skills as well. Successfully managed all aspects of accounting and project
management for two companies with demonstrated competence.
Experience 10/1/2001 -Present Lacroix Roofing, Inc. Santa Ana, CA
CFO/Secretary
Currently handling all facets of a small business, including accounting, construction,
roofing and office management also including but not limited to human resources and
administering contracts, bidding estimating and more. Currently using QuickBooks Pro.
Handled all bank reconciliation's. General Ledger. Payroll. Accounts Receivable,
Accounts Payables. Thorough Tax Preparation.
7/1999 - 10/2000 RDW Roofing Inc. dba Fountain Valley, CA JW
Roofing, Inc
CEO, CFO, Secretary
Currently handling all facets of a small business, including accounting, construction,
roofing and office management also including but not limited to human resources and
administering contracts, bidding estimating and more. Currently using QuickBooks
Pro. Handled all bank reconciliation's. General Ledger. Payroll. Accounts Receivable,
Accounts Payables. Thorough Tax Preparation.
9/1998 - 10/2001 Realty Best Roofing, Fountain Valley, CA lnc .
CEO, CFO, Secretary
Currently handling all facets of a small business, managing and accounting for over
$400,000 in Revenue, construction, roofing and office management also including but
not limited to human resources and administering contracts, bidding estimating and
more. Used QuickBooks Pro handling all accounting reconciliation's. General Ledger.
Payroll. Accounts Receivable, Accounts Payables. Thorough Tax Preparation.
13C-6
Devina Lacroix
EDUCATION
ADDITIONAL
GOALS
Bachelor's Degree
5/2005
Columbia Southern
University
Bachelor of Science in Computer Technology
Associate Degree Brooks College
6/1983
Associate of Arts Interior Design
Other Colleges and
Universities
University of Southern General Education
California
Long Beach City College General Education
California State General Education
University Dominguez
Hills
High School or equivalent
Gardena High School High School Diploma
Alabama-Orange Beach
CA-Long Beach
I am looking forward to bringing my exceptional abilities to a large company in order
to handle budgets and bring my talents to manage the accounting department.
2
13C-7
`'~~''
cr~rcuL~r r~T~E
Gregory N. Lewis, CPA
161 l East 4th Street, Suite 200
Santa Ana, CA 92701
Telephone: (7].4) 569-1000
FAX: (714) 542-1040
EDUCATION
$achelor afArts Business Adnuiustratian
Accounting & Finance
January 1975
CPA Certification Credentials Awarded 1977
PROFESSIQNAL AFFILIA.TIONS/EXPERTTSE
California State University
Fullerton
California hoard of
Accountancy
1993-Present Managing Parti~ei, Elliott, Lewis, Lieber & Stumpf, Inc.
]1lanufacturi~ag, Rcal Estate, and I-Iealth Care Speeialist5
Strategic Business
Planning Specialist .accounting and Auditing Services
1Zeview
Personal & Corporate Financial Planning
$usiness Profitability Analyses
Corporate Budgeting
$uy/Sell Agreements
Tax Specialist ' Personal & Corporate Tax Planning
PROFESSIONAL ASSdCIATIONS/M~.MBERSHIPS
Member, American Institute of Certified Pithlic Accountants (AICI?A.). 1977 to Present.
Peer Reviewer, AICPA. 1993 to Present. peer and technical review of CPA fu~ms
to ensure that standards of accuracy and efficiency are followed per AICPA guidelines.
Member, California Soaety of Certified Public Accountants (CSCPA). 1977 to Present.
Board Mernber, Santa Ana Private Industry Council
13C-8
Pauline Notch 1/21/03
I have been employed with the County of Orange for 27 years and 22 of those years with
the Social Services Agency. Much of my experience has been working with the
community and the partners at the Santa/Ana/Work/Center and my current assignment is
District Manager of the Santa Ana Regional Centre.
EMPLOYMENT HISTORY:
Company: County of Orange, Social Services Agency/Family Self-Sufficiency
1928 South Grand Avenue
Santa Ana, CA 92705
September 2001 to Present
Title: Program Manager II
Employee's Supervised: 300
Duties: Manage approximately 300 staff located in four buildings and three sites as the
District Manager of the Santa Ana Regional Centre. Interact with the Partners at the
Santa/Ana/Work/Center and the Coastal One Stop and with the community.
Company: County of Orange, Social Services Agency/Family Self-Sufficiency
888 North Main Street
Santa Ana, CA 92701
October 1996 to September 2001
Title: Program Manager I
Employee's Supervised: 7-12
Duties: Analyze change for impact, develop policy guidelines and implement all
changes in law, regulations and court orders pertaining to Ca1WORKs Program. Liaison
with California Department of Social Services (CDSS) to ensure concerns is addressed.
Act as liaison with staff inside/outside of the county. Program responsibility for
approximately 20,000 Ca1WORKs cases for the entire period and approximately 132,000
General Relief, Food Stamp, Refugee Cash Assistance and Foster Care cases from 10/96
- 2/98.
Company: County of Orange, Social Services Agency/Family Self-Sufficiency
1055 N. Main Street
Santa Ana, CA 92701
May 1991 to October 1996
Title: Assistant Program Manager
Duties: Analyze and interpret current laws and regulations for management and
eligibility staff pertaining to the Aid to Families with Dependent Children (AFDC) and
refugee programs. Create plans, policies, forms and other written materials for eligibility
staff and provide training as needed. Act as liaison with community organizations,
GAIN, District Attorney Welfare Fraud, Cal-Learn, CDSS and the public. Respond to all
verbal and/or written program questions from line staff, Appeals, Systems, Staff
Development, Accounting, etc.
1
13C-9
Pauline Notch
1/21/03
Company: County of Orange, Social Services Agency/Financial Assistance
2020 W. Walnut
Santa Ana, CA 92703
September 1990 to May 1991
Title: Eligibility Supervisor II
Employee's Supervised: 100
Duties: Supervise 10 Eligibility Supervisors directly and indirect supervisory
responsibility for 89 Eligibility Technicians, completing eligibility determinations to
AFDC/Food Stamp benefits. Responsible for the implementation of program changes,
personnel and operational issues.
Company: County of Orange, Social Services Agency/Financial Assistance
25292 Mclntyre Road
Laguna Hills, CA
December 1988 to September 1990
Title: Eligibility Supervisor I
Employee's Supervised: 10
Duties: Plan, assign and supervise the work of a unit of 10 Eligibility Technicians
consisting of AFDC/Food Stamp and Medi-Cal and has the ability to determine eligibility
for all grant programs. Maintain a cooperative working relationship with all levels of
staff and the general public and train and develop staff, identify problems, and write
performance evaluations. Provide leadership for unit to maintain high morale.
Company: County of Orange, Social Services Agency/Financial Assistance
290 Fischer Avenue
Costa Mesa, CA 92626
August 1980 to December 1988
Title: Eligibility Technician II
Duties: Maintain accurate eligibility determinations for 135 AFDC and 20 Food Stamp
cases at approximately $1 million per year. Interview approximately 15 clients each
month to determine eligibility for ongoing benefits. Maintain full knowledge of
interpreted laws and regulations for the social programs and remain current with the
changing regulations and procedures. Act as liaison with the District Attorney Family
Support Division.
2
13C-10
JACK E. OAKES
1352 Treasure Lane
Santa Ana, California 92705
RESUME
(714) 730-9412
• DIRECTOR OF CAREER DEVELOPMENT/REGIONAL OCCUPATIONAL
PROGRAM
Responsible for policies, operations, and fiscal matters involving Career Education for
the Santa Ana Unified School District; 60,000+ ADA (1999 to present)
ROP ASSISTANT DIRECTOR, OPERATIONS, Santa Ana Unified School
District Complete responsibility for the fiscal planning and budget expenditures of the
ROP including attendance, grades, and student registration. (1992-Present)
ROP ASSISTANT DIRECTOR, CURRICULUM Santa Ana Unified School
District Responsible for recruiting teachers, organizing and conducting in-service
activities for ROP staff preparing' policy and program recommendations for ROP
Director, and preparing budget: statistics descriptive, and state required reports.
Directed research, planning, organization, and Implementation of ROP courses,
provided innovative approaches to instruction, and acted as liaison between the
participating school district and CCROP. (1985-1987)
ROP SUMMER ADMINISTRATOR, Santa Ana Unified School District
Hired teachers, acted as interim ROP Director, and managed summer school budget.
(1983-1985)
ROP PROGRAM SPECIALIST, Santa Ana Unified School District
Directly responsible for in-servicing of Santa Ana Unified School District's counselors
and career center coordinators on ROP curriculum and course offerings. Responsible
for information, operation, and outcome of all ROP Advisory Committees, including
the writing, development, and revision of courses and curriculum in accordance with
SAUSD curriculum guidelines. (1983-1985)
• ROP CAMPUS COORDINATOR, Saddleback Valley Unified School District
Directed and implemented procedures for increasing ROP enrollment on El Toro High
School's campus by 229% .(1979-1983) .
RELATED VOCATIONAL EDUCATION EXPERIENCE
• Master of Arts in Vocational Education (1979) -California State University, Long
Beach
• Two years of successful work in an occupation pertinent to the State Plan of
Vocational Education -Merchandising Sales for the Broadway Department Stores
(1967-1969)
• Five years teaching Work Experience as part of a Vocational Education Program for
the Saddleback Valley Unified School District. (1978-1983)
• Conceived, wrote, revised, and/or developed over 20 different ROP courses for the
Santa Ana Unified School District. (Present)
• Participating committee member of Santa Ana's Empowerment Zone's Youth,
Economic, and Job Development Committees (Present)
• Director of Orange County Tech Prep Consortium (1995-1997)
13C-11
RELATED ADMINISTRATIVE EXPERIENCE
ASSISTANT PRINCIl'AL IV -INSTRUCTION, Saddleback High School, 2900
ADA, SAUSD Primarily responsible for school's curricular domain and properly
credentialed assignments of 130+ teaching staff, involving supervision of substitute
and student teachers, and creation of school's master schedule. Hired teachers with
principal's participation and approval, and prepared textbook budget. (1987 -1992)
• ASSISTANT PRINCIPAL -CONTROL, Saddleback High School
Two-month interim assignment until open position was filled. Performed
simultaneously with assignment of Assistant Principal IV -Instruction. (1991)
• ASSISTANT PRINCIPAL -GUIDANCE, Saddleback High School
Six-month interim assignment until open position was filled. Performed simultaneously
with assignment of Assistant Principal IV -Instruction. (1989-1990)
• PRINCIPAL, Saddleback Valley Unified School District, Linda Vista Elementary
School
Served as Principal during summer session. (1978)
• ADMINISTRATIVE INTERN, Saddleback Valley Unified School District
Participated in district's administrator in-services, performed administrative duties, and
conducted parent surveys. (1977-1980)
RELATED COUNSELING EXPERIENCE
• COUNSELOR, SVUSD -El Toro High School
Conceived, developed, and implemented career guidance materials and experiences for
GATE students in grades 9-12. (1980-1982)
• GATE COUNSELOR, SVUSD -Los Alisos Intermediate School
Counseled, disciplined, and scheduled GATE students; wrote and produced a manual
for counseling GATE students. (1977-1978)
RELATED TEACHING EXPERIENCE
CAREER EDUCATION AND CAREER CENTER COORDINATOR, SVUSD
El Toro High School (1979-1983)
WORK EXPERIENCE AND HIGH SCHOOL PLANNING TEACHER, SVUSD El
Toro High School (1979-1983); Mission Viejo High School (1978-1979)
CAREER EDUCATION AND U.S. HISTORY TEACHER, SVUSD
La Paz and Los Alisos Intermediate Schools (1970-1977); Department Chair
(1973-1976)
PUBLICATIONS -AWARDS -RECOGNITIONS
• AUTHORED
-" A Sound Investment, "Thrust for Educational Leadership (February /March 1991)
-"Committee Report: Vocational Education," ACSA Region XVII Newsletter January
1987)
-"Is Your Child In a Box? ," Public relations brochure for CCROP (March 1985)
-"Hire-A-Teacher (Do You Need Summer Employment?)" in SaddlebackAlive,
a. Chamber cf Commerce ma.~a.~ine (Timms 19~3~
-"Counselors, Education and Mousetraps," in Resources In Education (R1E), ERIC
Number Ed. 162178 (May 1978)
-"Report on Federal Legislation," in Career Education Today (January 1977)
-"Does Your '76 Model Student Come Equipped with Future Shock Absorbers? , "
Monograph for the proceedings of the Individualized Instruction Association (April
1976)
PROJECT WRITER
"CHOOSING SUCCESS," a Federal Urban-Rural Opportunity grant for $2.1 million
(1996-Present) "TRAIL, " (Tapping Real Abilities through Investigative Learning), a
Federal ESEA IV-C Innovative/Developmental Career Education Grant of $160,000
(1980-1982)
"EDUCATOR OF THE YEAR "
Saddleback Valley Chamber of Commerce recognition for outstanding service (1981)
• "INTERMEDIATE TEACHER OF THE YEAR"
Selected by the Exchange Club of Saddleback Valley (1975}
RELATED CONSULTING EXPERIENCE
• Consultant for University of California's Advisory Board on The Curriculum Project
(1989-1990).
• Consultant for California State Department of Education as Master Trainer in Career
Education (1975-82)
• Consultant for California State Department of Education as External Assessor for college
and university departments of education (1974, 1975, 1978) .
• Consultant for Tehachapi School District on Career Education (1977)
PROFESSIONAL ORGANIZATIONS
• ACSA- Association of California School Administrators, Region XVII (1983-Present)
Vocational Education Committee Chair (1985-1988)
• SASA -Santa Ana School Administrators (1983-Present).CAVA -California Association
of Vocational Administrators (1985-Present)
• CAROP/C -California Association of Regional Occupational Centers/Programs (1981-
Present} .A V A -American Vocational Association (1979-Present)
• CIEA -California Industrial Educators Association (1986)
• CELC -President (1985-1986), Career Education Leadership Council (1979-1989)
ACADEMIC HISTORY
• National Association of Secondary School Principals Assessment Center (1986)
• California State University, Long Beach -Master of Arts in Vocational Education (1979)
• University of California at Irvine -Bachelor of Arts Degree in History (1969).Santa Ana
College -Associate of Arts Degree (1967)
CREDENTIALS
• Ryan Administrative Services Credential (Life) (1977) .
• Pupil Personnel Services Credential (Life) (1976).
• Standard Elementary Credential (Life) (1972).
• Standard Secondary Credential (Life) (1970)
13C-13
NANCY A. QUARLES, M.R.A.
23485 Via Burriana
Mission Viejo, CA 92691
Home:949/454-0672 Work: 714/547-6301
PROFESSIONAL SUMMARY:
Twenty years of progressive responsibility in the planning, implementation and management of Work Force
Development Services and Human Resource activities with special interest in people with disabilities and other
bamers to employment.
EDUCATION:
M.R.A., 1988 -University of San Francisco, Rehabilitation Administration
1982 - 1983 - Pepperdine University, Irvine, Graduate School of Clinical PsycholoQY
B.A., 1980 -University of California, Irvine, Social Ecolo~y
197 - 1978 -Southwest State University, Marshall MN Sociology AnthropoloaY and Health
WORK EXPERIENCE:
1999 -VICE PRESIDENT OF HUMAN SERVICES AND DEVELOPMENT FOR EDUCATION, TRAINING AND
E1~IPLOYMENT SERVICES -GOODWILL REHABILITATION CENTER ORANGE COUNTY
* Strategic planning and development for Education, Training and Employment Services
* Fiscal responsibility for over $6 million in State and Federal funds
* Compliance with State and Federal Wage and Hour requirements
* Responsible for programs serving 800 clients daily
* Overall responsibility for all aspects of Human Resources for 400 employees, including benef ts, risk
management, hiring practices, policies, procedures and employee relations
* Federal contract negotiation and compliance
1982 - 1999 VICE PRESIDENT OF EDUCATION, TRAINING AND EMPLOYMENT SERVICES -
GOODWILL REHABILITATION CENTER ORANGE COUNTY
Responsible for the overall operation of the rehabilitation department. Responsibilities included:
* Program development for all services, including evaluation, training and job placement
* Fiscal responsibility for budget of $5 million
~ Liaison to Department of Rehabilitation, Regional Center of Orange County, private insurance
companies, Department of Education, One-Stop Career Centers
~k Specialized program development, including Assistive Technology Exchange Center, community-based
program for developmentally disabled southeast Asians, deaf services, and chronically mentally ill
* Grant development
* Developed satellite facilities, including working with realtors, lease negotiations
~k Responsible for $1 million in NISH program (Federal set-aside contracts)
1980 - 1982 SENIOR PROGRAM COORDINATOR, GOODWILL REHABILITATION CENTER ORANGE COUNTY
* Teaching supervisors about disabilities, their impact on job performance, and job modification
~k Obtaining intake information from counselors in the private sector, the Department of
Rehabilitation, Regional Center, Veteran's Administration, CETA/JTPA and private grants
* Administering and scoring psychometric tests and work samples
~k Developing vocational plans and writio~pr~he,}-isive work evaluation and training reports
* Conducting group and individual counseling
~k Developed and taught job seeking and survival skills training
~k Conducting job development, writing job analysis and labor market surveys
~k Assisting in the development of the Work Activity Program
1980 REHABILITATION COUNSELOR, GOODtiVILL REHABILITATION CENTER ORANGE COUNTY
* Managing an average caseload of 50 clients per month having medical, psychological and
developmental disabilities
~k Evaluating and developing individualized rehabilitation plans
* Coordinating activities with referring counselors
PROFESSIONAL INVOLVEMENT (PAST AND PRESENT:
Chair, Vocational Planning Coalition - 1990
Member MHAB Housing Committee, - 1990
Board Member, Access Irvine, 1989 -
Co-Chair, Transportation Committee, Concerns 2000, 1988 - 1989
Board Member, Jobs Ahead, 1987 -June 1988
Co-Chair, Adult, Cluster, 1986
Co-Chair, CALARF Annual Conference, 1985 - 1986
Treasurer, Southern California Rehabilitation Exchange, 1986 - 1987
Member at Large, National Rehabilitation Association, 1983
Member, National Rehabilitation Association, 1982 -
Member, Vocational Evaluation and Work Adjustment Assoc. 1982 -
Member, Southern California Rehabilitation Exchange, 1982 -
Member, Vocational Evaluators in the Private Sector, 1982 -
Member, Alliance for the Mentally Ill, 1982 -
Boazd Member, Dayle McIntosh Center - 1991 -
Member, HN Advisory Committee - County of Orange - 1991 -
Member, Drug Abuse Master Plan Disabilities Caucus - 1991-
Chair, Assistive Technology Advisory Committee -current
Member, Vendor Advisory Committee, Regional Center of Orange County- current
Member, Programs in Excellence -current
Service Provider Alliance, Regional Center -current
Santa Ana Work Center Partnership Committee -current
State-wide Committee for welfare recipients
Employment Readiness Demonstration Project -current
CERTIFICATIONS:
Certified Vocational Evaluator, 1984 -Present
Certified Administrator, Private Post-Secondary Education, 1988-1999
McCarron-Dial Work Evaluation, 1987
VALPAR Administration and Scoring, 1982
General Aptitude Test Battery (GATB) Administration, Scoring and Interpretations, 1982
Management of Assaultive Behavior, 1982
HONORS:
Edgar J. Helm Award -Most Distinguished Employer for Goodwill International
Regional Center of Orange County - Professiaaal Achievement Award
. ~..__,_~ ~~ Q a 13C-15
Rick Stroup
28365 Gitano
Mission Viejo, CA 92692
(949) 457-1143
Work Histo
Orange County Conservation Corps (OCCC) 10/95 -Present
Executive Director 2/98 -Present
Associate Director
Recycling Director
The OCCC is a non profit job-training and education program for 18-26 year old young adults providing
jobs, job training, education, and supportive services. Responsible for the overall operation, direction, and
development of the organization that employs more than 30 staff and serves more than 220 young adults
each year. Reports to the OCCC Board of Directors. Active in local, state, and national organizations
that focus on youth employment and development. The OCCC has been recognized nationally for
demonstrating effective practices in working with youth and young adults; Excellence in Corps Operations
(ECO) Award for 2001-2005, renewed for 2005-2009 by the National Association of Service and
Conservation Corps and as a Promising and Effective Practices Network (PEPNet) Awardee for 2003-
2007 by the National Youth Employment Coalition.
Jeflor Services 4/94 - 11/96
Owner
National Employers Council 6/92 - 7/94
Western Region Account Manager
West Coast Concrete Contractors, Inc. 9/90 - 6/92
Administration
More than 5 years of for profit business experience in: human resources; business administration and
management; consultant for labor law, labor relations, and regulatory compliance; independent consulting
and paralegal services.
Saddleback Valley Unified School District 9/71 - 10/89
Various positions including; teacher, counselor, Director of Activities, temporary site level administration.
M.S., Education, School Administration
California State University, Fullerton
B.A., Music
California State University, Long Beach
Education
Business Affiliations:
California Association of Local Conservation Corps, President
National Association of Service and Conservation Corps, Board of Directors
California Youthbuild Coalition, Member
YouthBuild USA Affiliate Member
Santa Ana Workforce Investment Board, Member
Santa Ana Empowerment Zone Corporation, Board of Directors
Anaheim Youth Council, Member
Santa Ana Youth Council, Chair
Orange County Children's Drinking Water Festival, Board of Directors
National Youth Employment Coalition, Member
Orange County Coalition for Youth, Board of Directors
13C-16
BIO
Renee Ward is a seasoned recruitment and staffing executive. She was a Vice President
for TMP Worldwide Recruitment Advertising (the parent of Monster.com), and Vice
President for a Spherion Corporation subsidiary, JobOptions, Inc., a career resource
technology company.
She is a member of SHRM-Society for Human Resource Management and served on the
SHRM Workforce Readiness Committee, PIHRA-Professionals in Human Resource
Association, ERE-Electronic Recruiting Exchange and ASAE-American Society of
Association Executives.
Prior to her recruitment and staffing career, Ms. Ward was a successful advertising, sales
and marketing management executive.
She's had an outstanding management career with several innovative Fortune 500
companies, and ran her own highly effective sales and marketing promotions company.
Renee is well known for her ability to work cross-functionally through team building and
leveraging resources for group initiatives; ability to craft and deliver high level
presentations, proposals and pitches; broad-based business, industry, IT, Internet and new
media knowledge.
Ms. Ward is a published author, noted speaker and an expert resource to media, schools
and community groups.
She has had numerous television appearances including CBS Evening News, CNN and
CNNfn, Comcast Cable, and UPN News. She has been quoted and featured in thousands
of print publications such as the Wall Street Journal, USA Today, the New York Times,
Dallas Morning News, Chicago Tribune, Kilplinger and the Bottom Line.
Renee has a BA in Broadcast Journalism from the University of Southern California, and
completed graduate studies in business, marketing and communications.
She is the founder of www.Teens4Hire.org , an online career center for those 14-21 and
www.Seniors4Hire.or~ ,for those 50 and older.
Her motto; "no, doesn't mean never".
The Forward Group
Publishers of Seniors4Hire.org & Teens4Hire.org
7071 Warner Ave F466 Huntington Beach, CA 92647
Phone: 714-848-0996
info@the4wardgroup.com
13C-17
Bob Fischer
Accurate Performance Machining, Inc.
2086 S. Grand Avenue
Santa Ana, CA 92705
Phone: (714) 434-7811
Fax: (714) 434-7841
Email: bfischer@cncapm.com
Mr. Bob Fischer is the President of Accurate Performance Machining (APM), Inc. APM
manufactures machine shop products for companies in the Aerospace industry such as
Parker, Smiths, Whitaker, Ancra, Goodrich, etc. The company has been growing at a
very consistent pace. As a result, Mr. Fischer is looking at the possibility of expanding
operations in order to meet increased demand.
Mr. Fischer founded the company with a partner in 1996 after working for over 25 years
in the Aerospace industry. His company currently provides job opportunities to 19
individuals, many of them Santa Ana residents. Mr. Fischer is aware of the challenges
individuals face in the workforce system. Prior to starting his business, he was laid-off a
couple of times during the declining years of the Aerospace industry. Fortunately, he was
able to use some personal funds and his business experience to start his own company.
Mr. Fischer is familiar with the local One-Stop Center: The Santa Ana W/O/R/K Center.
He has been able to utilize the services of the W/O/R/K Center by advertising job
openings and hiring individuals referred by the Center.
Mr. Fischer has a Master's in Business Administration from West Coast University, and
an Engineering degree from UC Santa Barbara. He is very interested in joining the Santa
Ana Workforce Investment Board. He feels that the board will be a great opportunity to
network with other business leaders in the community, and also a great opportunity to
become involved in the policy making of procedures that will help Santa Ana businesses,
as well as individuals in the community.
EXHIBIT 2
13C-18
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13C-19
13C-20
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
APPROPRIATION ADJUSTMENT
ACCEPTING FUNDS FOR THE
TRAFFIC SIGNAL ON MAIN STREET
NORTH OF 20TH STREET
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve an appropriation adjustment accepting funds from Steadfast
Courtyards, L.P. in the amount of $260,000 into the Select Street
Construction fund (account no. 59-01-5790) and appropriating funds to the
Select Street Construction fund (account no. 59-551-6631) for the traffic
signal installation on Main Street north of 20th Street.
DISCUSSION
As part of the Development Agreement between the City and Steadfast
Courtyard, L.P., the developer, Steadfast Courtyard is required to fund
the installation of a traffic signal on Main Street north of 20th Street.
The traffic signal is to provide access to the new parking lot now being
constructed as part of the Bowers Museum Expansion. The funds received
by the City will be used for design and construction of the traffic
signal. Construction will be completed prior to the opening of the
Bowers Museum Expansion.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds in the amount of $260,000 will be deposited into the Select Street
~~
~auption lac
20A-1
RECOMMENDED ACTIVN
Appropriate Adjustment for Traffic Signal
February 21, 2006
Page 2 of 2
Construction fund (account no. 59-01-5790) and appropriated into the
Select Street Construction fund (account no. 59-551-6631).
r
I, ~ .
~h G R
ames oss
James G. Ross
Executive Director
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Gt G~'l,P~t -
~~'rancisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency I~-
20A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
APPROPRIATION ADJUSTMENT FOR
LAND AND WATER CONSERVATION
FUND GRANT AWARD
CITY MANA ER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve an appropriation adjustment recognizing $75,000 in the State of
California Land and Water Conservation Fund grant revenue account (account
no. 156-01-5350-3) and appropriate same to the Land and Water Conservation
Fund expenditure account (account no. 156-247-6631) for picnic area
improvements at Prentice Park.
DISCUSSION
The City of Santa Ana Parks, Recreation and Community Services Agency was
successful in receiving a $75,000 Land and Water Conservation Fund grant
from the State of California Department of Parks and Recreation for the
replacement and installation of picnic shelters at Prentice Park. The
picnic area, located at the entrance of the Santa Ana Zoo at Prentice
Park, provides tables and shade for picnics, birthday celebrations and
leisure activity. The existing shelters are over 40 years old and in need
of replacement. The project includes demolition of the existing structure,
the demolition and relocation of existing concrete walks, plus the
installation of new picnic tables and trash receptacles.
FISCAL IMPACT
The appropriation adjustment will
Water Conservation Fund revenue
expenditure account (account no.
match for this project will com
funds.
,~_~
Gerardo Mouet
Executive Direc or
Parks, Rec. & C mm
Svcs. Agency
enhance the State of California Land and
account (account no. 156-01-5350-3) and
156-247-6631) by $75,000. A 50 percent
e from Park Acquisition and Development
APP(~ROVe~E~D AS TTO `F`y\`U~\\ND-S~\A\~{j A-_ND ACCOUNT
Francisco Gutierrez ® l'1
20B-1
Executive Director
Finance and Mgmt. Svcs. Agency
CLERK OF COUNCIL USE ONLY:
20B-2
REQUEST FOR
COUNCIL ~4:CTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
CONTRACT RENEWAL FOR
ROCK, SAND, AND
AGGREGATE BASE
(SPEC. NO. 02-158)
r n'~
/ CLERK OF COUNCIL USE ONLY:
~' `~;
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Renew the contract with West Coast Sand & Gravel for rock, sand and
aggregate base material for a one-year period in an annual amount not to
exceed $80,000.
DISCUSSION
The Public Works Agency performs maintenance and repair of the City's
water infrastructure. Sometimes in the performance of these duties, it
is necessary to dig through asphalted surfaces. Rock, sand and
aggregate base materials are needed to backfill the area, once the water
system repair is completed.
On January 21, 2003, the City Council awarded a contract to West Coast
Sand & Gravel for a one-year period with provision for three one-year
renewals. West Coast Sand & Gravel continues to maintain the lowest
prices available, although requesting an average price increase of 31
percent. The vendor has performed satisfactorily during the past
contract period, and staff recommends the final renewal of the contract.
FISCAL IMPACT
Funds are available in the Sanitary Sewer Services and the Water Utility
Water Systems Maintenance Operating Materials & Supplies accounts
(account nos. 56-575-6391 and 64-575-6391).
APPROVED AS TO FUNDS AND ACCOUNTS:
J es G. Ross ~(Fr.ancisco Gutierrez
ecutive Director Executive Director
Public Works Agency Finance & Mgmt. Services Agency/~
22A-1 w
,7(;R/WC~/~2-15RR_ ~:ur. `s 'a'
22A-2
REQUEST FOR ~~
COUNCIL ACTION ~:P
»~
t
~Y~,~
's~~
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
CONTRACTS RENEWAL FOR
MISCELLANEOUS ELECTRICAL SUPPLIES
(SPEC. NO. 02-160)
_.
f
,~~,~~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Renew the contracts for miscellaneous electrical supplies for a one-year
period in the following annual amounts not to exceed:
Vendor: Amount:
Curley Wholesale Electric $25,000
One Source Distributors $15,000
DISCUSSION
Electrical supplies such as circuit breakers, fuses, relays and tools
are used extensively in the maintenance of City facilities. Various
departments require a wide range of materials for repair or improvement
projects. To help ensure that all necessary materials are available
when required, contracts were awarded to two vendors.
On January 21, 2003, the City Council awarded contracts for
miscellaneous electrical supplies to Curley Wholesale Electric, a Santa
Ana vendor, and One Source Distributors, for a two-year period with
provision for two one-year renewals. The vendors have performed
satisfactorily during the past contract period and have agreed to renew
the contracts without an increase in pricing. Staff recommends the
final renewal of the contracts.
22B-1
~s ,a~
Contract Renewal for Miscellaneous
Electrical Supplies
(Spec. No. 02-160)
February 21, 2006
Page 2
FISCAL IMPACT
Funds are available in the various departmental Other Materials &
Supplies accounts (object code 6391).
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
FG/WO/02-160R.2:uc
22B-2
REQUEST FOR ~~
COUNCIL ACTION °--
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
CONTRACTS RENEWAL
COLD WATER METERS
(SPEC. NO. 03-091)
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
FOR ^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CI Y MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Renew the contracts for cold water meters for a one-year period in the
following annual amounts not to exceed:
Vendor:
Hughes Supply, Inc
Badger Meter, Inc.
DISCUSSION
Amount:
(formerly Marden Susco) $90,000
$90,000
The Public Works Agency regularly
and replacement of residential and
are purchased through the Central
the Public Works Agency as needed.
is designed to provide quality pros
quantity pricing.
performs installation, maintenance,
commercial water meters. The meters
Stores warehouse for distribution to
The contract for cold water meters
ducts at significant savings based on
On March 1, 2004, the City Council awarded contracts for cold water
meters to Hughes Supply, Inc., formerly Marden Susco, Badger Meter,
Inc., and Inland Water Works Supply Co. for a two-year period with
provision for three one-year renewals. All of the vendors have
performed satisfactorily during the past contract period. Hughes
Supply, Inc., and Badger Meter, Inc. have agreed to renew the contracts
without an increase in pricing. Due to a low demand for the items
provided, the contract with Inland Water Works Supply Co. will not be
renewed. Staff recommends the first renewal of the contracts with the
recommended vendors.
22C-1
rs se3
Contracts Renewal
(Spec. No. 03-091)
February 21, 2006
Page 2
FISCAL IMPACT
for Cold Water Meters
Funds are available in the Water Utility Water Quality & Measurement
Operating Materials & Supplies account (account no. 64-578-6391).
APPROVED AS TO FUNDS AND ACCOUNTS:
! ~/
Ja s G. Ross ~1Francisco Gutierrez
E ecutive Director Executive Director
ublic Works Agency Finance & Mgmt. Services Agency/`..~
JR/WO/03-091R.9:uc
22C-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
CONTRACT AMENDMENT FOR
PEST CONTROL SERVICE
(SPEC. NO. 05-056)
^ n'~
~F ~~calion Ist<.
!/
~~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Amend the contract with Antimite Termite and Pest Control to increase
the aggregate limit by $10,000 for pest control services for a three-
year period, in an annual amount not to exceed $20,000.
DISCUSSION
The City establishes an annual list consisting of vendors that provide
supplies and services that are required by agencies on a consistent
basis. Antimite Termite and Pest Control has been a provider of pest
control services for various City agencies. Antimite Termite and Pest
Control offers reliable service, competitive pricing, and has
consistently been the lowest responsive bidder on low cost items. As
such, staff recommends Council approval of an amendment to the contract.
FISCAL IMPACT
Funds are available in the various
Services accounts (object code 6291).
~ec~ r i ~
v,~ Francisco Gutierrez
Executive Director
Finance and Management Services Agency ~*
FG/WO/05-056A.2:uc
departmental Other Contractual
22D-1
~5 3d3
22D-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
r n'~ '
,~.Edncation 1st -
CLERK OF COUNCIL USE ONLY:
CONTRACT AWARD FOR
FOUR-DOOR HYBRID UTILITY VEHICLES
(SPEC. NO. 05-113)
f ,'
/ / %/
~,~/J , t~
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract to North County Toyota for the purchase of two hybrid
utility vehicles in the amount of $67,070.32.
DISCUSSION
The Fleet Maintenance Division's annual Equipment Replacement Program
is included in the City's annual budget and identifies vehicles
scheduled for replacement. Funding is monitored through a depreciation
schedule established with each department. Additionally, the Fleet
Division reviews the acquisition in accordance with the City's Hybrid
and Alternative Fuel Vehicle Acquisition Policy.
The Fire Department's Training Division uses four-door utility vehicles
to transport fire fighters and equipment to training sites.
Additionally, the vehicles are fully stocked with standard emergency
equipment to handle responses to fire alarm calls. Due to age and
condition, two 1998 Chevrolet Blazers have been approved for
replacement in the current fiscal year.
The notice inviting bids was advertised on November 4 and 7, 2005, and
bids were solicited. A summary of the bid invitations and bids
received is as follows:
11 Invitations For Bid mailed
2 Bids received
22E-1
~~ ~a~
Contract Award for Four-Door Hybrid
Utility Vehicles
(Spec. No. 05-113)
February 21, 2006
Page 2
Bids were received, opened on February 1, 2006, and evaluated. The
bid received from North County Toyota is responsive to the
specifications and meets the City's requirements. The purchase of
Toyota Highlander hybrids conforms with the criteria established for
the acquisition of hybrid vehicles.
FISCAL IMPACT
Funds are available in the Equipment Replacement Machinery & Equipment
account (account no. 76-145-6641).
. ~ ~
Francisco Gutierrez
Executive Director
Finance and Management Services Agency ~~
~'
FG/KM/05-113.2:uc
22E-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
CONTRACT AWARD FOR
FOUR-DOOR HYBRID SEDANS
(SPEC. NO. 05-115)
r n'~
4tia„cAt~on ~
1~
~ -t 1..._.~.----
~~.~.
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract to Norm Reeves Honda Superstore for the purchase of
three hybrid passenger sedans in the amount of $84,383.04.
DISCUSSION
The Fleet Maintenance Division's annual Equipment Replacement Program
is included in the City's annual budget and identifies vehicles
scheduled for replacement. Funding is monitored through a depreciation
schedule established with each department. Additionally, the Fleet
Division reviews the acquisition in accordance with the City's Hybrid
and Alternative Fuel Vehicle Acquisition Policy.
The Police Department's Investigation Bureau uses four-door passenger
sedans for detectives to perform routine business. Investigations are
conducted for most felony crimes against persons. Due to age and
condition, one 1994 Dodge Intrepid and two 1997 Dodge Intrepids have
been approved for replacement in the current fiscal year.
The notice inviting bids was advertised on November 4 and 7, 2005, and
bids were solicited after the new Hybrid and Alternative Fuel Vehicle
Acquisition Policy was issued. A summary of the bid invitations and
bids received is as follows:
9 Invitations For Bid mailed
1 Invitation For Bid mailed to Santa Ana vendors
1 Bid received
22F-1
,~,
Contract Award for Four-Door Hybrid Sedans
(Spec. No. 05-115)
February 21, 2006
Page 2
Bid was received and opened on January 31, 2006. The bid received from
Norm Reeves Honda Superstore is responsive to the specifications and
meets the City's requirements. The purchase of Honda Accord hybrid
sedans conforms with the criteria established for the acquisition of
hybrid vehicles.
FISCAL IMPACT
Funds are available in the Equipment Replacement Machinery & Equipment
account (account no. 76-145-6641).
~~~al,~~ ~4~ i ~~l ~ e
Francisco Gutierrez
Executive Director
Finance and Management Services Agenc j
FG/KM/05-115.2:uc
22F-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
CONTRACT AWARD FOR
DEFIBRILLATORS AND
(SPEC. NO. 05-127)
~~
n
~F ducal~o^
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
SUPPLIES ^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For__
I~~ / , /
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Award contracts for the purchase of defibrillators and supplies for a
one-year period with provision for two one-year renewals for supplies
in the following amounts not to exceed:
VENDOR: Category: Amount:
Emergency Medical Equipment, LLC Defibrillators $ 5,043.99
Supplies annually $ 1,000.00
Zoll Medical Corporation Defibrillators $94,850.63
Supplies annually $38,500.00
DISCUSSION
The Santa Ana Fire Department's Emergency Medical Services (EMS) uses
defibrillators in the performance of its duties. Each paramedic van
has one Zoll biphasic 12-lead defibrillator that allows the paramedics
to pass the patient diagnostic information verbally to the local
hospitals for additional medical assistance. To enhance the medical
readiness of the Santa Ana Fire Department, the Fire staff recommends
placing a smaller Zoll Automated External Defibrillator (AED) in all
Fire Department buildings and each fire vehicle, a total of 65.
Additionally, the Santa Ana Jail maintains a 480-bed holding facility,
which houses Federal, Santa Ana and juvenile inmates. The State
Department of Correction's recent facility inspection recommended three
Automated External Defibrillators (AED) to be placed at the Jail.
22G-1
~, ,n3
Contracts Award for Defibrillators
(Spec. No. 05-127)
February 21, 2006
Page 2
A Request For Proposals was issued and
2005, and proposals were solicited.
requested and received is as follows:
9 Request F
5 Proposals
Proposals
~r Proposal
received
advertised on December 9 and 12,
A summary of the proposals
mailed
received from Santa Ana vendor
Proposals were evaluated based on compliance to defibrillator features
in ease of use, reliability and technology, training offered, warranty,
cost of equipment and supplies, completion of questionnaire, and
verification of authorized dealership. Given the Fire Department's
interest in expanding the use of defibrillators throughout their
facilities, Zoll Medical Corporation extended its offer to include both
the defibrillators for the Jail and the Fire Department.
The proposal received from Emergency Medical Equipment, LLC, a Santa
Ana vendor and a Zoll Medical Corporation authorized dealer, received
the highest percentage in the scoring process including the lowest cost
offer, meets or exceeds the evaluation for the 3 Zoll AED
defibrillators for the Jail. The Zoll AED defibrillator units for the
Fire Department will be processed through the parent company of Zoll
Medical Corporation. Additionally, funds are included for the supplies
on the existing 10 defibrillators in use by the Fire Department.
FISCAL IMPACT
Funds are available in the Inmate Welfare Fund; the Fire Department
Metro Medical Response System 2004 Grant and Fire Suppressions/EMS
Operating Materials & Supplies accounts (account nos. 23-349-6391, 146-
325-6391 and 11-323-6391).
APPROVED AS TO FUNDS AND ACCOUNTS:
c~ Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency%
/PMG/KM/05-127.37:uc
22G-2
ABSTRACT OF PROPOSALS
CONTRACT AWARD FOR DEFIBRILLATORS
AND SUPPLIES
(SPEC. 05-127)
DRAFT #1
EVALUATION SCORES
VENDOR EMERGENCY CINTAS
MEDICAL
LOCATION: SANTA ANA ORANGE
BUYER 92 73
JAIL 93 87
JAIL 98 92
AVERAGE 94.33 84.00
DESCRIPTION QUAN JAIL
DEFIBRILLATORS 1 $1,350.00
STORAGE CASE 1 $ 197.50
DEFIB + CASE 3 $4,642.50
SALES TAX $ 359.79
DEL 41.70
TTL DEFIBRILLATORS $5,043.99
ANNUAL SUPPLIES $1,000.00
CARDIAC MEDTRONIC BOUND
SCIENCE TREE
IRVINE REDMOND DUBLIN
WA OH
80 79 71
90 85 78
90 90 83
86.67 84.67 77.33
QUAN FIRE
1 $ 1,350.00
65 $87,750.00
SALES TAX $ 6,800.63
DEL $ 300.00
TOTAL $94,850.63
AED UNITS $13,500.00
MANUAL UNITS $25,000.00
TTL ANNAUL SUPPLIES $ 3 8, 5 O O. O O
SUMMARY OF RFP AWARD: EMERGENCY MEDICAL EQUIPMENT, LLC
AUTHORIZED ZOLL DISTRIBUTOR
3 DEFIBRILLATORS $5,043.99
ANNUAL SUPPLIES $1,000.00
ZOLL MEDICAL CORPORATION
EMS DIRECT SALES FOR FIRE DEPARTMENT
65 DEFIBRILLATORS $94,850.63
ANNUAL SUPPLIES $38,500.00 **
** COVERS ANNUAL SUPPLIES FOR THE 10 MANUAL ZOLL UNITS PURCHASED
IN MARCH 2005.
EXHIBIT 1
22G-3
22G-4
REQUEST FOR ~~
COUNCIL ACTION ~~a,~~~~,
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
CONTRACT AWARD FOR
MIDSIZE CARGO VANS
(SPEC. NO. 06-006)
i
,i,,
~~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract to Maurice J. Sopp & Son for the purchase of two cargo
vans in the amount of $44,177.50.
DISCUSSION
The Fleet Maintenance Division's annual Equipment Replacement Program
is included in the City's annual budget and identifies vehicles
scheduled for replacement. Funding is monitored through a depreciation
schedule established with each department. Additionally, the Fleet
Division reviews the acquisition in accordance with the City's Hybrid
and Alternative Fuel Vehicle Acquisition Policy. Currently, hybrid
trucks are not manufactured in the three-quarter ton category.
The Public Works Agency's Maintenance Division utilizes specially
equipped vehicles to perform graffiti removal citywide. The graffiti
removal crews perform their work with ten vehicles including pickup
trucks, stake bed trucks and cargo vans to transport staff, paint
supplies and equipment to job sites. Due to age, condition and mileage
in excess of 73,000 miles, two 1998 Chevrolet vans have been budgeted
and approved for replacement in the current fiscal year.
The notice inviting bids was advertised on January 18 and 20, 2006, and
bids were solicited. A summary of the bid invitations and bids
received is as follows:
10 Invitations For Bid mailed
1 Invitation For Bid mailed to Santa Ana vendors
2 Bids received
22H-1
GS 38.3
Contract Award for Midsize Cargo Vans
(Spec. No. 06-006)
February 21, 2006
Page 2
Bids were received, opened on January 31, 2006, and evaluated. Bid
results are as follows:
Vendor:
Location: Amount:
Maurice J. Sopp & Son Huntington Park $44,177.50
George Chevrolet Bellflower $55,150.80
The bid received from Maurice J. Sopp & Son is responsive to the
specifications and meets the City's requirements.
FISCAL IMPACT
Funds are available in the Equipment Replacement Machinery & Equipment
account (account no. 76-145-6641).
Francisco Gutierrez
Executive Director
Finance and Management Services Agencv/,~,~
FM/KM/06-006.2:uc
22H-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
CONTRACT AWARD FOR
THREE-QUARTER TON
(SPEC. NO. 06-007)
r n'~
Slgdacatio^ Is(
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
TRUCKS ^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
__,~
r
i
J ~~-~-------~
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Award a contract to Selman Chevrolet Company for the purchase of two
three-quarter ton trucks in the amount of $47,308.85.
DISCUSSION
The Fleet Maintenance Division's annual Equipment Replacement Program
is included in the City's annual budget and identifies vehicles
scheduled for replacement. Funding is monitored through a depreciation
schedule established with each department. Additionally, the Fleet
Division reviews the acquisition in accordance with the City's Hybrid
and Alternative Fuel Vehicle Acquisition Policy. Currently, hybrid
trucks are not manufactured in the three-quarter ton category.
Various City departments utilize large trucks to perform routine
business. The Community Preservation Division of the Planning and
Building Agency uses small pickup trucks for inspectors to perform
enforcement duties including removing illegal street vending carts by
hand loading the carts into the truck beds. To follow safety
guidelines, a three-quarter ton truck with a lift gate has been
approved. The Public works Agency's Water Services Division assigns
supervisors and crews to City vehicles to transport staff and equipment
to job sites. The contract will provide a new larger tonnage truck to
transport heavy volumes of emergency equipment such as sand bags,
barricades and tools.
221-1
LS :3133
Contract Award for Three-Quarter Ton Trucks
(Spec. No. 06-007)
February 21, 2006
Page 2
The notice inviting bids was advertised on January 18 and 20, 2006, and
bids were solicited. A summary of the bid invitations and bids
received is as follows:
11 Invitations For Bid mailed
1 Invitation For Bid mailed to Santa Ana vendors
5 Bids received
Bids were received, opened on January 31, 2006, and evaluated (Exhibit
1) The bid received from Selman Chevrolet Company is responsive to the
specifications and meets the City's requirements.
FISCAL IMPACT
Funds are available in the Equipment Replacement and the Water Utility
Water System Maintenance Machinery & Equipment accounts (account nos.
76-145-6641 and 64-575-6641).
APPROVED AS TO FUNDS AND ACCOUNTS:
. ''~
J,~mes G. Ross
xecutive Director
Public Work Agency
JGR/KM/06-007.9:uc
r
c~ Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
221-2
ABSTRACT OF BIDS
CONTRACT AWARD
3/4-TON TRUCKS
(SPEC. 06-007)
DRAFT #1
VENDOR SELMAN MAURICE J. LAKE QUALITY GEORGE
CHEVROLET SOPP & SON CHEVROLET CHEVROLET CHEVROLET
LOCATION ORANGE HUNTINGTON PARK LAKE ELSINORE ESCONDIDO BELLFLOWER
TERMS NET 30 NET 30 2x/30 DAYS NET 30 NET 30
3/4-TON TRUCK
WITH LIFT GATE $ 21,462.85 $ 22,100.00 $ 23,302.00 $ 22,625.00 $ 21,023.33
WITH UTILITY BOX $ 22,427.03 $ 24,500.00 $ 24,706.00 $ 24,597.00 $ 29,114.13
$ 43,889.88 $ 46,600.00 $ 48,008.00 $ 47,222.00 $ 50,137.46
SALES TAX $ 3,401.47 $ 3,611.50 $ 3,720.62 $ 3,659.00 $ 3,885.66
TIRE FEE $ 17.50 INCL $ 17.50 $ 17.50 $ 17.50
TOTAL $ 47,308.85 $ 50,211.50 $ 51,746.12 $ 50,899.20 $ 54,040.62
TERM DISC $ - $ - $ 1,034.92 $ - $ -
GRANT TOTAL $ 47,308.85 $ 50,211.50 $ 50,711.20 $ 50,899.20 $ 54,040.62
DELIVERY 120 DAYS 90 TO 120 DAYS 120-150 DAYS 130 DAYS 90-120 DAYS
TRUCK W/LIFT CHEVY CC25903 CHEVY CC25903 CHEVY CC25903 CHEVY CC25903 C HEVY SILVERADO
TRUCK W/UTILITY CHEVY CC25903 CHEVY CC25903 CHEVY CC25903 CHEVY CC25903 CHEVY SILVERADO
2006 2006 2006 2006
SUMMARY OF BID AWARD sELatxH CHEVROLET
TOTAL AWARD IN THE AMOUTN OF: $ 47,308.85
Exhibit 1.
221-3
221-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
CONTRACT AWARD FOR
DELL COMPUTER EQUIPMENT
(SPEC. NO. 06-016)
~r ~ `
~~
lEduce~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract to Dell Marketing L.P., for the purchase of Dell
computer equipment based upon the Western States Contracting Alliance
(WSCA) contract for Dell computer equipment in the amount of
$11,195.23.
DISCUSSION
The Santa Ana WORK Center is a federally mandated one-stop,
comprehensive Career Center, managed by the Community Development
Agency. In order to maintain a high-quality training environment the
Santa Ana WORK Center is setting up a mobile computer lab. The
computer lab will be equipped with 10 notebook computers and will be
used to teach computer basics and resume preparation to clients
requiring assistance using technology. The WORK Center is currently
equipped with computers, however, those computers are heavily utilized
by job seekers and cannot be used for training purposes. A mobile
computer lab will allow the WORK Center to maximize space and impart
technology based job search skills, and will provide hands-on computer
training for at least 500 clients a year.
The City Council adopted Ordinance No. NS-2312 authorizing the City to
purchase against contracts with other government agencies utilizing a
competitive bid process. Dell Marketing L.P. was awarded a contract
for Dell computer equipment as a result of open, competitive bidding,
and meets the City's requirements.
22J-1
~~ 383
Contract Award for Dell Computer Equipment
(Spec. 06-016)
February 21, 2006
Page 2
FISCAL IMPACT
Funds are available in the Workforce Investment Act One Stop Program
05-06 Machinery & Equipment Account (account no. 123-161-6641).
~,` APPROVED AS TO FUNDS & ACCOUNTS
/I ;~
~~/ ~ !~
/fJ ff~ ;;
'' 'C/~ L"~ V~VI
.. ~~ ~ ~ ~~
Patricia C. Whitaker ;,~~Francisco Gutierrez
Executive Director Executive Director
Community Development Agency Finance & Mgmt. Services Agency--
PCW/TO/06-016.1:uc
22J-2
REQUEST FOR
COUNCIL A.CTlON
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
CONTRACTS AWARD FOR
SCREEN PRINTED CLOTHING
(SPEC. NO. 06-025)
r n'~
~Fa~~~V V+
;'r~ ,~
,? ~,
-~<%
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award contracts for screen printed clothing for a one-year period in
the total annual amount not to exceed $70,000 with the following
vendors:
Image Printing Solutions
McVicker & Associates
Scott's Screenprinting
Seaside Embroidery
DISCUSSION
The City establishes an annual list of vendors providing services that
are required by agencies on a consistent basis. The Parks Recreation
and Community Services Agency utilizes screen printed items such as T-
shirts, sweatshirts, golf shirts, jackets, and ball caps for various
sports and youth guidance programs such as softball and soccer, zoo
camp and various volunteer programs. Additionally, the City provides
stock T-shirts for uniformed personnel in the Finance and Management
Services Agency, Police Department, Public Works Agency, Fire
Department, and the Parks Recreation and Community Services Agency.
The recommended vendors have consistently been the lowest responsive
bidders based on pricing, quality of goods and delivery schedule. All
orders are assigned on a per-job basis. As such, the recommended
action will allow the City to purchase screen printed clothing, after
competitively bidding each job, without interrupted service to the City
agencies.
22K-1
CS 38:s
Contracts Award for Screen Printed Clothing
(Spec. No. 06-025)
February 21, 2006
Page 2
FISCAL IMPACT
Funds are available in the various departmental Operating Materials &
Supplies accounts (object code 6391).
~cFrancisco Gutierrez
Executive Director
Finance and Management Services Agenc 6
FG/KM/06-025.2:uc
22K-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
~~
~dpcation 1$r
CLERK OF COUNCIL USE ONLY:
APPROVED
CONTRACT CHANGE ORDER NO. 1
PROJECT 05-3197 - MAIN STREET
WATER MAIN IMPROVEMENTS
^ As Recommended
^ As Amended
^ Ordinance on 1S` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
ER
FILE NUMBER
RECOMMENDED ACTION
Approve Change Order No. 1 to the Main Street Water Main Improvements
Project to work overtime, remove and dispose of the existing concrete
pavement beneath the existing asphalt street, and lower the water main
to avoid existing utilities for an estimated cost of $69,500.
DISCUSSION
Change Order Number: 1
Project Description: Main Street Water Main Improvements between
Sunflower Street and MacArthur Blvd.
Contractor: A. R. Sarmiento, Inc.
P.O. Box 1304
La Mirada, CA 90637
Original Contract Cost: $341,220
Amount of this
Change Order:
Previously approved
Change Order:
$69,500 20.3%
-0- 0%
Total Change Orders: $69,500 20.3%
23A-1
Change Order No. 1
Project No. 05-3197
February 21, 2006
Page 2
On September 19, 2005, the City awarded a contract for the Main Street
Water Main Improvements Project to A. R. Sarmiento, Inc. for the
estimated amount of $341,220 plus a ten percent contingency totaling
$375,342. This project provides for construction of a new water main and
appurtenances along Main Street from MacArthur Boulevard to Sunflower
Avenue.
The following three items are responsible for the cost increases:
1. The limited access to the Hutton Center offices has prompted the
request to have the contractors work longer hours and Saturdays to
mitigate the impact to the offices and to complete the project as
soon as possible.
2. During construction, concrete pavement was encountered beneath the
existing asphalt street. The concrete, estimated to exist along the
entire length of the project, was not shown on the plan.
3. At several locations existing utilities were in conflict with the
new water main. To work around these utilities the contractor needs
to install the water main at a lower depth.
These unforeseen conditions will result in additional costs related to
overtime work, saw cutting, demolition, disposal, and installation of the
water main at a deeper level. The extra work will be done on a time and
materials basis.
Since this change order will exhaust the project contingency, the
Council's approval is required to cover this extra cost and preserve the
project's contingency for any additional project unforeseen conditions.
Estimated cost = $69,500
FISCAL IMPACT
The cost for the change order is estimate at $69,500. Funds are available
in the Water Utility Capital Projects Fund (account no. 66-579-6635).
APPROVED AS TO FUNDS AND ACCOUNTS:
James G. oss ~F'rancisco Gutierrez
Executive Director ~ Executive Director
Public Works Agency Finance & Mgmt. Services Agency
,,
23A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 17, 2006
TITLE:
AMENDED AGREEMENT WITH WASTE
MANAGEMENT INC. FOR REFUSE
COLLECTION AND RECYCLING
~~
Qdnntion lsr
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15f Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve and authorize the City Manager and the Clerk of the Council to
execute an amended agreement with Waste Management Inc. for collection
and recycling of the City's solid waste.
DISCUSSION
In 1996 the City entered into an exclusive agreement with Waste
Management Inc. to collect and recycle the City's residential, commercial
and industrial waste. With that agreement the City implemented the
three-cart curbside program, the wet/dry commercial program and the
sorted industrial waste programs that are currently in place. That
agreement has been amended to provide alley and parkway clean-up.
The proposed amended agreement will incorporate the additional services
to the City into one agreement and extend the term of the agreement
through the year 2018. In exchange, the City will receive $1,000,000 in
fiscal year 05-06 and $500,000 in each of the remaining years of the
agreement. These payments will not affect customer rates.
Customer rates will continue to be competitive. In 2004 Santa Ana's
curbside rates were mid range and commercial rates were in the lower one-
third of the rates in the County. Currently, these rates may be
increased each year by 7.5~. With the proposed amended agreement the
rates can only be increased each year by 5 percent.
Under the proposed amended agreement Waste Management will continue to
utilize the trucks purchased by the City in 1996 and will begin replacing
them in 2006 with low emission vehicles. In addition, collection of
televisions, computers and monitors will be included with the City's
large item pickup service for curbside customers.
25A-1
KCI.VMMCIVUCU AC.1 IVIV
Amended Agreement With
Waste Management Inc.
January 17, 2006
Page 2
ENVIRONML~NTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The City will receive $1,000,000 in fiscal year 05-06 and $500,000 each
year thereafter through the term of the agreement. The funds will be
deposited into the refuse collection fund (account no. 69-01-5112).
r
James G. Ross
Executive Director
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
25A-2
THIRD AMENDED AND RESTATED
AGREEMENT FOR COLLECTION AND HANDLING
OF SOLID WASTES GENERATED, PRODUCED AND/OR
ACCUMULATED IN THE CITY OF SANTA ANA
by and between
THE CITY OF SANTA ANA
AND
USA WASTE OF CALIFORNIA INC.
25A-3
TABLE OF CONTENTS
RECITALS .................................................................................................................................... 1
AGREEMENT .............................................................................................................................. 2
1. GRANT OF CONTRACT ...................................................................................................... 2
2. TERM OF CONTRACT ......................................................................................................... 2
3. DEFINITIONS ........................................................................................................................ 3
4. SCOPE OF SERVICE ............................................................................................................ 6
5. COLLECTION HOURS ......................................................................................................... 7
6. HOLIDAYS ............................................................................................................................. 7
7. FREQUENCY OF COLLECTIONS ...................................................................................... 7
8. MAINTENANCE OF SCHEDULES ..................................................................................... 7
9. EXCLUSIVENESS OF AGREEMENT ................................................................................ 7
10. SOLID WASTE PROGRAM SURCHARGE ...................................................................... 9
11. AUTOMATED SYSTEM ..................................................................................................... 9
(a) LICENSE .................................................................................................................... 9
(b) FINANCING ............................................................................................................ 10
(c) MAINTENANCE OF LICENSED EQUIPMENT ................................................. 10
(d) OPERATION OF LICENSED EQUIPMENT ........................................................ 10
(e) FUEL FOR LICENSED EQUIPMENT ....................................................................10
(~ OPTION TO PURCHASE ....................................................................................... 10
(g) REPLACEMENT OF RESIDENTIAL AND COMMERCIAL
COLLECTION VEHICLES .............................................................................................11
i
2 5A-4
12. COLLECTION POINTS AND REQUIREMENTS ..........................................
13. SERVICES TO BE PROVIDED BY CONTRACTOR TO CITY FOR CITY
OPERATIONS ............. .
......... 11
12
(a) CITY GOVERNMENT OPERATIONS ................................................................. 12
(b) STREET SWEEPING .............................................................................................. 12
(c) NEIGHBORHOOD CLEANUPS ........................................................................... 12
14. COLLECTION, RECYCLING, YARD WASTE DIVERSION AND DISPOSAL
REQUIlZEMENTS ......................................................................................................... 13
(a) CURBSIDE SERVICE ............................................................................................ 13
(1) Non-Recyclable Solid Waste Collection and Recycling Plastic Carts....... 13
(2) Recyclable Solid Waste Collection and Recycling Plastic Carts ............... 13
(3) Yard Waste Collection and Recycling Plastic Carts ................................... 13
(b) BIN SERVICE ......................................................................................................... 13
(c) ROLL-OFF SERVICE ............................................................................................. 14
(d) TEMPORARY BIN SERVICE ............................................................................... 14
(e) PARKWAY CLEANUP FOLLOWING GARAGE SALES ...................................14
(f) ALLEY CLEANUP FOLLOWING THE FIRST OF EACH MONTH ...................14
(g) DISPOSAL ............................................................................................................... 14
15. SYSTEM SAVINGS ........................................................................................................... 15
(a) SAVINGS PAYABLE TO CITY ................................
(b) POSSIBLE ADDITIONAL SAVINGS .......................
16. CIWMA REPORTING REQUIREMENTS ...........................
17. SRRE CONSULTANT......
u
.......................... 15
......................... 15
15
............................... 16
25A-5
18. PUBLIC EDUCATION SERVICES ................................................................................... 16
19. STANDARDS FOR COLLECTION, EQUIPMENT AND NOISE .................................. 17
20. MAINTENANCE OF BINS AND ROLL-OFF CONTAINERS ....................................... 18
21. COLLECTION OF BULKY ITEMS .................................................................................. 18
22. CURBSIDE SERVICE PAYMENTS ................................................................................. 19
23. RESIDENTIAL BIN SERVICE RATES ............................................................................ 19
24. COMMERCIAL/INDUSTRIAL BIN SERVICE RATES ................................................. 20
25. ROLL-OFF SERVICE RATES ........................................................................................... 20
26. COMPENSATION FOR GRANTS .................................................................................... 21
27. ADJUSTMENTS TO CHARGES ....................................................................................... 21
(a) HAULING AND PROCESSING CHARGES ........................................................ 21
(1) PRICE INDICES .......................................................................................... 21
(2) CURBSIDE SERVICE ................................................................................. 21
(3) BIN SERVICE AND ROLL-OFF SERVICE .............................................. 21
(b) GATE FEES ............................................................................................................. 21
(c) SOLID WASTE PROGRAM SURCHARGE ........................................................ 21
(d) ADMINISTRATNE COST ..................................................................................... .22
28. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REQUIREMENTS .............. 22
29. MIl~IIMUM SERVICE LEVELS -MULTI-FAMILY RESIDENTIAL BUILDINGS ...... 22
30. MINIMUM SERVICE LEVELS -COMMERCIAL/INDUSTRIAL BIN SERVICE
AND ROLL-OFF SERVICES ....................................................................................... 23
31. SERVICE STANDARDS .................................................................................................... 23
32. SUPERVISION .................................................................................................................... 24
iii
25A-6
33. TITLE TO SOLID WASTE ................................................................................................. 24
34. FAII.URE TO COLLECT .................................................................................................... 24
35. DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT .............................. 25
36. LIQUIDATED DAMAGES ................................................................................................ 27
37. USE BY CITY OF CONTRACTOR'S EQUIPMENT ....................................................... 27
38. COMPLAINTS .................................................................................................................... 28
39. COMPENSATION REDUCTION DURING STRIKE PERIOD ...................................... 28
40. FEES AND GRATUITIES .................................................................................................. 29
41. LEGAL RELATIONS AND RESPONSIBIL,ITIES ........................................................... 29
(a) Applicable Laws ....................................................................................................... 30
(b) Personnel .................................................................................................................. 30
(c) Permits and Licenses ................................................................................................ 30
(d) Workers' Compensation Policy ................................................................................ 30
(e) Public Liability Insurance ......................................................................................... 30
(f) Insurance Responsibility for City Owned Solid Waste Collection
and Recycling Vehicles ...............................................................................................31
(g) Indemnification ........................................................................................................ 31
(h) Enforcement of Scope of Services ........................................................................... 31
(i) Waivers ...................................................................................................................... 32
42. SUBCONTRACTORS AND MANAGEMENT ................................................................ 32
43. ACCOUNTING AND AUDITING ..................................................................................... 32
44. BOND ................................................................................................................................... 32
45. MEDIA RELATIONS ......................................................................................................... 33
iv
25A-7
46. NOTICES .............................................................................................................
47. GENDER AND NUMBER .................................................................................
48. VALIDITY ...........................................................................................................
49. ASSIGNABILITY ................................................................................................
50. GOVERNING LAW ............................................................................................
WASTE MANAGEMENT HOLDINGS INC. GUARANTEE
EXHIBIT "A" --- THE LICENSED EQUIPMENT
EXHIBIT "B" ---NOT REQUIRED
EXHIBIT "C" --- RATES
EXHIBIT "D" --- PAYMENT SCHEDULE ON THE C.O.P.S
v
............ 33
............ 33
............ 33
............ 34
............ 34
25A-8
THIRD AMENDED AND RESTATED
AGREEMENT FOR COLLECTION AND HANDLING
OF SOLID WASTE GENERATED AND/OR
ACCUMULATED IN THE CITY OF SANTA ANA
This THIRD AMENDED AND RESTATED AGREEMENT, made and entered into
this day of , 2005 by and between the City of Santa Ana, a charter city and
municipal corporation duly authorized under the Constitution and laws of the State of California
(referred to herein as "City")," and USA Waste of California Inc., a Delaware corporation dba Waste
Management of Orange County, formally Great Western Reclamation, a division of Waste
Management Collection and Recycling, Inc, a California corporation, hereinafter called,
"CONTRACTOR,"
RECITALS
1. 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.
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. 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 Sold 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.
5. On June 1, 1996, CITY and CONTRACTOR 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" (hereinafter referred to as "Amended Agreement" to effectuate the new
curbside service collection program.
6. On June 19, 1997, CITY and Contractor 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" to clarify the responsibilities associated with the collection,
handling, and processing of solid waste collected by Contractor.
1
25A-9
7. Since the execution of the "Second Amended and Restated Agreement for the Collection
and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" ("Second
Amended Agreement"), City and Contractor have worked together to achieve many significant
advancements in environmental stewardship in the City of Santa Ana. In part, due to the joint efforts of
the City and Contractor, the City has been able to consistently comply with the 50% diversion
requirements as imposed by the State of California.
8. Since the execution of the Second Amended Agreement, City and Contractor have
developed new programs to increase recycling and reduce illegal disposal of used oil
9. Since the execution of the Second Amended Agreement, City and Contractor have
developed new programs to reduce illegal dumping and litter throughout the City.
10. Since the execution of the Second Amended Agreement City and Contractor have jointly
concurred to amend the Second Amended Agreement to include the above improved environmental
quality measures.
11. The parties again desire to amend the Second Amended Agreement in its entirety to
incorporate the provisions of previous amendments and to extend the term of the Agreement in
exchange for additional payments. Said additional payments will not affect the rates paid by Santa Ana
customers. City and USA Waste agree that USA Waste will bear the entire cost of these payments to
the City of Santa Ana as consideration for extending the term of the Second Amended Agreement.
The City Council of the City of Santa Ana, hereby desires that CONTRACTOR be engaged to
provide for both the collection of Solid Wastes within the corporate limits of the City of Santa Ana and
the transportation of such Solid Wastes to appropriate places of processing, recycling, yard waste
diversion, and disposal, and to perform such services on the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, for the reasons recited above, and in consideration of the respective and
mutual covenants and promises hereinafter contained and made, and subject to all the terms and
conditions hereof, the parties hereto do hereby agree as follows:
1. GRANT OF CONTRACT:
CITY hereby grants to CONTRACTOR, for the term hereinafter set forth, the contract, right
and privilege to collect, recycle, divert by means of composting, mulching, and/or transforming,
dispose and transport, to appropriate facilities as set forth in this Agreement, all Solid Wastes (as herein
defined and subject to the terms herein) generated, produced, kept and/or accumulated in the City of
Santa Ana, and CONTRACTOR, subject to all of the terms hereof, hereby accepts and agrees to
faithfully perform such contract and obligation.
2. TERM OF CONTRACT;
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The term of this Agreement shall begin upon execution of this Agreement and shall extend to
June 30, 2018.
3. DEFINITIONS:
As used in this Agreement, the following words and phrases shall have the meaning assigned in
this section, unless the context at the point of usage clearly requires a different meaning.
(1). Agreement shall mean this Amended and Restated Agreement, including the exhibits
thereto and the documents incorporated herein by reference.
(2). Auditor shall mean the certified public accountant firm retained by City for auditing
services.
(3). Bin Service shall mean all Solid Waste collection services provided by CONTRACTOR by
means offront-loaded collection bins of various sizes.
(4). California Integrated Waste Management Act ("CIWMA") shall mean that act codified by
California Public Resources Code Sections 40000 et seq., and any subsequent amendments thereto.
(5). California Integrated Waste Management Board shall mean the Board created by the
California Integrated Waste Management Act, and any subsequent modifications thereto, and shall
encompass any other agency which assumes the duties of this Board.
(6). CITY shall mean the City of Santa Ana.
(7). City Attorney shall mean the City Attorney of CITY.
(8). C~ Council shall mean the City Council of CITY.
(9). C~ Manager shall mean the City Manager of CITY.
(10). Clerk of the Council shall mean the Clerk of the Council of CITY.
(11). Code shall mean the Municipal Code of CITY, both codified and miscellaneous
ordinances.
(12). CommerciaUIndustrial Bin Service shall mean Bin Service which is provided by
CONTRACTOR to commercial and/or industrial units.
(13). Commercial Solid Wastes shall mean Solid Waste originating from stores, business
offices, commercial warehouses, hospitals, educational, health care, military and correctional
institutions, non-profit research organizations and government offices.
(14). Compost means the product resulting from the controlled biological decomposition of
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organic wastes that are source separated from the Solid Waste stream.
(15). Composting means a method of waste treatment which produces a product meeting the
definition of "compost" herein.
(16). Composting Facility means a state permitted Solid Waste facility at which composting is
conducted and which produces a product meeting the definition of compost.
(17). Construction and Demolition Solid Waste includes Solid Wastes, such as building
materials, and packaging and rubble resulting from construction, remodeling, repair and demolition
operations on streets, pavements, houses, commercial buildings, and other structures.
(18). Contract shall mean this Agreement, entered into between CITY and CONTRACTOR.
(19). CONTRACTOR shall mean USA Waste of California Inc., a California corporation, and
shall also include the parent company Waste Management, Inc.
(20). Curbside Service Unit shall mean each single family residence and duplex unit which
receives curbside collection services provided by CONTRACTOR. This shall include commercial
curbside users and any multi-family, business or professional user which does not require Bin Service
as determined by the Executive Director.
(21). Customer shall mean a user of CONTRACTOR'S bin or roll-off container service.
(22). Dis osal Site shall mean any licensed landfill site permitted by the California Integrated
Waste Management Board for the receipt and ultimate disposition of Solid Waste.
(23). Executive Director shall mean the Executive Director of Public Works of CITY, or his or
her designate.
(24). Gate Fees shall mean those charges by a Disposal Site for Solid Wastes disposed of at said
site. Gate Fees are also known as "tipping" fees and "landfill" fees.
(25). Gross Receipts means and includes all revenues actually received by CONTRACTOR
arising from, or attributable to, the services provided by CONTRACTOR to its Customers in the CITY
pursuant to this Agreement. Gross Receipts include Gate Fees as defined herein. Gross Revenue does
not include any revenue received by CONTRACTOR from the sale of Recyclable Solid Waste.
(26). Haulin~~Charges shall mean those portions of the curbside, bin, roll-off and other rates
provided for in this Agreement which compensate CONTRACTOR for the Solid Waste collection and
transporting services required of CONTRACTOR under this Agreement. The parties have agreed upon
the initial Hauling Charges as set forth hereinafter, and such charges are subject to adjustments as
provided in this Agreement.
(27). Hazardous Wastes are those wastes which, because of their physical or chemical
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characteristics, and are defined as a "hazardous substance" or "hazardous waste" pursuant to the
Resource Conservation and Recovery Act" ("RCRA"), cannot be disposed of in a Class III landfill
under the applicable laws and regulations of the State of California.
(28). Industrial Solid Wastes means Solid Waste originating from mechanized manufacturing
facilities, factories, refineries, and publicly operated treatment works, and/or Solid Wastes placed in
bins and/or roll-off containers.
(29). Licensed Equipment means the Solid Waste collection and Recycling vehicles and Solid
Waste collection and Recycling plastic carts licensed by the CITY to the CONTRACTOR pursuant to
Section 11 of this Agreement.
(30). Materials Recovery Facility means a facility permitted as a Solid Waste Facility by the
California Integrated Waste Management Board for sorting, separating and processing of Recyclable
Solid Wastes as well as the segregation and transportation of non-Recyclable Solid Wastes to a
Disposal Site.
(31). Permitted Solid Waste Facility means a Solid Waste facility for which there exists a Solid
Waste Facilities Permit issued by the local enforcement agency and concurred in by the California
Waste Management Board.
(32). Person shall include, without limitation, associations, clubs, societies, firms, partnerships,
sole proprietorships, corporations, schools, colleges and all governmental agencies and entities, as well
as individuals, including the officers of such associations, corporations, etc.
(33). Processing means the reduction, separation, recovery, conversion or Recycling of Solid
Waste.
(34). Processing Charges shall mean those portions of the curbside, bin, roll-off container and
other rates provided for in this Agreement which compensate CONTRACTOR for Processing Solid
Wastes collected by CONTRACTOR in the CITY and delivered by CONTRACTOR to a designated
Materials Recovery Facility or Composting Facility. The parties have agreed upon the initial
Processing Charges, as set forth hereinafter, and such charges are subject to adjustments as provided in
this Agreement. The cost of transporting the residue of the CITY'S Solid Waste stream to a Disposal
Site after Processing the Recyclable Solid Wastes therefrom and the cost of transporting Recyclable
Solid Wastes to their ultimate destination shall be deemed part of this Processing Charge, but the gate
fee charged at said Disposal Site for depositing said Solid Waste residue shall not be included in the
Processing Charge.
(35). Recyclable Solid Waste means and includes those Solid Wastes which may be sorted,
cleansed, treated, processed and/or reconstituted for purposes of reuse. Recyclable Solid Wastes are
not a separate category of materials, but merely an evolving portion of the entire stream of Solid Waste
generated within the CITY.
(36). Recycling means collecting, sorting, cleansing, treating, Processing and reconstituting
25A-13
Recyclable Solid Wastes for the purpose of reuse or sale.
(37). Residential Bin Service shall mean Bin Service which is provided by CONTRACTOR to
any and all residential users which request or require such services pursuant to this Agreement.
(38). Residential Solid Waste means Solid Waste originating from single-family or multiple
family dwellings.
(39). Roll-Off Service shall mean Solid Waste collection from transportable containers of 10
cubic yards or larger which are dropped off at a residence, commercial or industrial establishment and
later removed for collection of contents of said container. Roll-Off Service includes compactors which
maybe used with roll-off containers.
(40). Solid Waste shall mean all Solid Wastes, including, but not by way of limitation,
Recyclable Solid Wastes, whether now recyclable or not, generated and/or accumulated by all
residential, commercial and industrial sources, and at all construction and demolition sites within the
CITY excluding that Solid Waste referred to in Section 9(a) herein; provided, however, that Solid
Waste shall not be deemed, for purposes of this Agreement, to include any Hazardous Wastes as
defined hereinabove.
(41). Solid Waste Facility shall include a Composting Facility, Materials Recovery Facility or a
transfer station.
(42) Source Reduction and Recycling Element shall be the CITY'S plan for meeting the
requirements of CIWMA.
(43). Waste Type means identified wastes having the features of a group or class of wastes that
are distinguishable from any other Waste Type, as identified by the CITY'S Source Reduction and
Recycling Element.
(44). Yard Waste means any wastes generated from the maintenance or alteration of public,
commercial or residential landscapes including, but not limited to, leaves, yard clippings, tree
trimming, brush, weeds and pruning.
(45) Yard Waste Diversion shall mean the diversion from the waste stream of yard waste or
organic waste and the composting, mulching, and/or transformation thereof.
4. SCOPE OF SERVICE:
(a) CONTRACTOR shall furnish all labor, material, facilities and equipment necessary, except
for those vehicles and equipment which the CITY shall license to CONTRACTOR pursuant to Section
11 herein, for the collection of all Solid Waste originating, generated and/or accumulated by any person
within CITY boundaries, as they now exist or may hereafter exist, and shall transport, process, Recycle,
divert by means of composting, mulching and/or transforming and/or dispose of said Solid Waste in
compliance with the terms of this Agreement.
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(b) All Solid Waste collected by CONTRACTOR within the CITY shall not be commingled in
equipment and/or vehicles used by CONTRACTOR, whether such equipment and vehicles are owned
by or licensed to CONTRACTOR pursuant to Section 11 herein, with Solid Waste from any other
jurisdiction or person from outside the CITY limits; however, in the event of an emergency vehicle
breakdown, a vehicle from a neighboring jurisdiction may complete the route of the vehicle which
broke down. In this case, the CONTRACTOR must notify the CITY in writing within twenty four (24)
hours of such emergency breakdown and must also provide the CITY with the allocation of tonnages
contained in the vehicle.
5. COLLECTION HOURS:
(a) All collections from residential areas shall be made between the hours of 6:00 a.m. and 6:00
p.m. Collections from commercial and industrial locations greater than I00 feet from residential units
may start at 3:00 a.m. and must terminate by 9:00 p.m., however, if complaints are received from such
residential units, the Executive Director may direct that collections in such areas shall be made between
the hours of 6:00 a.m. and 6:00 p.m. and in that event CONTRACTOR agrees to comply with such
order.
(b) Notwithstanding section (a) above, Solid Waste collected pursuant to Section 13 hereto
shall be collected pursuant to the provisions contained therein.
6. HOLIDAYS:
Where, on a given route, the day of collection would be a legal holiday, CONTRACTOR shall
collect along said route on the work day next following said Legal holiday and collection on each day
during said holiday week shall be similarly delayed one day. Legal holidays for the purpose of this
Agreement shall be New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, Christmas Day and such other days as maybe mutually agreed upon in advance by the parties.
7. FREQUENCY OF COLLECTIONS:
The Contractor will collect all Solid Waste from all areas of the CITY at least once each week
and in addition will provide more frequent service for those Customers using the Bin Services or Rol1-
Off Services supplied by CONTRACTOR if requested by a Customer or if required by the CITY.
Contractor shall provide additional collection services as set forth in Sections 14 (e) and (f).
8. MAINTENANCE OF SCHEDULES:
Presently existing routes, schedules and times for collection of Solid Waste shall be maintained
but may be changed by authorization of the Executive Director and at least one week's advance
notification by CONTRACTOR to occupants of the buildings in the area where the changes are to be
made.
9. EXCLUSIVENESS OF AGREEMENT:
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The CONTRACTOR shall have the exclusive duty, right and privilege to collect, transport,
process, Recycle, divert by means of composting, mulching, and/or transforming, retain and dispose of
all Solid Waste, as defined in this Agreement, generated and/or accumulated within the CITY, except
as provided below. CONTRACTOR recognizes that this grant of exclusiveness is subject to the
restraints provided in Public Resources Code Sections 49520 et seq.
(a) The grant of exclusiveness shall not include Construction and Demolition Solid Waste
which has accumulated and/or been generated at a temporary construction site and which is being
disposed of in roll-off containers or in bins.
(b) This Agreement shall not prohibit the persons who generate Solid Waste, or the persons
who own the premises upon which solid waste has been generated or accumulated, from personally
collecting, transporting and disposing of their own Solid Waste so long as they dispose of such Solid
Waste at a site permitted by the California Integrated Waste Management Board in accordance with all
governing laws and regulations.
(c) This Agreement shall not prohibit the persons who generate Solid Waste, or the persons who
own the premises upon which Solid Waste has generated or accumulated, from: (1) selling their
Recyclable Solid Wastes, or, (2) donating their Recyclable Solid Wastes; provided, however, that in
both instances: (a) the person must, on its premises, personally segregate (by Waste Type) from other
Solid Waste the Recyclable Solid Waste to be sold or donated, and (b) the person may not pay the
buyer or the donee any sums, consulting fees or other fees in lieu of charging for collection, or other
tangible consideration for collecting, Processing or transporting such segregated Recyclable Solid
Wastes. A person who simply receives a discount of, or reduction in, the collection and disposal
service rates of its unsegregated Solid Waste shall not be deemed to be selling or donating Recyclable
Solid Wastes for purposes of this exception.
(d) This Agreement shall not prohibit a gardener, tree trimmer or person engaged in landscape
maintenance who has a business license to operate in the CITY from collecting yard waste or other
organic Solid Wastes which it generates as an incidental portion of providing its licensed services. Any
yard waste or other organic Solid Waste collected pursuant to the exception provided by this subsection
must be transported by the gardener, tree trimmer or person to a composting facility permitted by the
California Integrated Waste Management Board in accordance with all laws and regulations.
(e) This Agreement shall not prohibit collectors of Solid Waste originating outside the CITY
from hauling such Solid Waste over CITY streets, provided such collectors comply with any governing
laws or ordinances.
(f) CONTRACTOR'S right to collect and/or dispose of Solid Waste shall not be exclusive in the
event of a failure to collect under Section 34 of this Agreement during which CONTRACTOR fails to
maintain substantially complete regular collection services pursuant to this Agreement and the
collection schedules then in effect, for any reason, including a strike by CONTRACTOR'S employees
or similar labor dispute. The CITY may provide for collection and/or disposal by persons other than
CONTRACTOR during such periods and may permit the public to obtain collection and/or disposal
25A-16
services from persons other than CONTRACTOR during such periods, including CONTRACTOR'S
Bin and/or Roll-Off Service Customers.
(g). CONTRACTOR shall not have the exclusive right to collect and dispose of Solid Waste by
providing Bin and/or Roll-Off Service if the conditions stated in Section 28(c) are applicable.
(h) In exchange for the exclusive rights guaranteed above, CONTRACTOR shall provide to the
City a one million ($1,000,000.00) payment on July 1, 2005 with an additional five hundred thousand
($500,000.00) per year to be paid monthly beginning July 1, 2006 and continuing each year until
expiration of this Agreement. The initial $1,000,000 payment will be made by CONTRACTOR upon
execution of this Agreement or on January 1, 2006, whichever occurs later. The additional $500,000
annual payment will be deducted monthly beginning July 1, 2006 on a pro rata basis from the curbside
service payments. However, neither payment will affect the rates that customers are currently paying.
10. SOLID WASTE PROGRAM SURCHARGE:
(a) CONTRACTOR shall pay to the CITY a Solid Waste program surcharge based upon the
Gross Receipts received by CONTRACTOR. This surcharge is now set at an amount equal to 12.8
percent of said Gross Receipts. This amount may be increased by resolution of the City Council and,
whenever said surcharge is increased by resolution of the City Council, CONTRACTOR shall be
permitted to pass through to both its Bin Service and Roll-Off Service Customers one hundred (100%)
percent of the amount of such increase.
(b) Invoices submitted to Customers by CONTRACTOR shall not reference the aforementioned
surcharge. Payments to the CITY of said Solid Waste surcharges shall be made to the CITY on a
monthly basis and shall be due and payable on or before the last calendar day of the following month.
Accompanying each payment will be a listing of the Gross Receipts for that corresponding month.
CONTRACTOR shall, whenever requested to do so, make available such records to the Executive
Director at any reasonable time.
(c) Failure of CONTRACTOR to make any of the payments provided for in section (a) above
on or before the dates due will result in a penalty of ten (10%) percent per month to CONTRACTOR.
11. AUTOMATED SYSTEM
(a) LICENSE: The CITY grants to the CONTRACTOR an exclusive license to use the Solid
Waste collection and Recycling vehicles and Solid Waste collection and Recycling carts listed on
Exhibit "A", attached hereto and incorporated herein by this reference (hereinafter referred to
collectively as "the Licensed Equipment"), for a period of time coterminous with the term of this
Agreement. This license to use the Licensed Equipment shall not be deemed an equipment lease but,
rather, a personal property license to use the Licensed Equipment pursuant to the specific terms,
covenants, obligations and provisions of this Agreement. CONTRACTOR may not use the Licensed
Equipment for any other purposes or business. This license is personal to the CONTRACTOR and
shall not be assigned. It is the intent of the parties hereto that the Licensed Equipment shall be
sufficient to permit CONTRACTOR to adequately perform its performance obligations under this
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Agreement. If at any time, or from time to time, the Licensed Equipment is not adequate for
CONTRACTOR to meet such obligations, or, the Solid Waste collection and Recycling vehicles
licensed pursuant to this section need to be replaced for any reason, including loss, CONTRACTOR
shall be responsible for providing any and all additional or replacement Solid Waste collection and
Recycling vehicles and any and all additional Solid Waste collection and Recycling carts as may be
necessary for the collection, Recycling and disposal of all Solid Waste for which it is responsible under
this Agreement.
(b) FINANCING: The Licensed Equipment being provided to CONTRACTOR pursuant to
section (a) hereunder is being acquired pursuant to that certain "Installment Purchase Contract" ("IPC")
between the CITY and the California Environmental Finance Corporation ("CEFC") dated June 1,
1996, a copy of which is on file with the Clerk of the Council and which is incorporated herein by this
reference. CONTRACTOR hereby acknowledges the flow of funds and priority of revenues set forth
in Section 3.06 of the IPC, which is further summarized on pages 12 and 13 of the Official Statement
accompanying the issuance of the tax exempt Certificates of Participation ("C.O.P.s") which have been,
or will be, issued by CEFC to raise the funds necessary for it to purchase the Licensed Equipment.
While not required to do so, CEFC has agreed to acquire the Licensed Equipment in accordance with
the competitive bidding procedures set forth in Section 421 of the CTTY'S municipal charter. The
CITY agrees to take all necessary action and execute all necessary documents to facilitate the issuance
of the C.O.P.s and to approve an excess proceeds certificate authorizing an excess proceeds prepayment
of the C.O.P.s as provided in Sections 3.11 and 4.01(b) of that certain "Trust Agreement" by and
among the CITY, CEFC and Harris Trust Company of California, a copy of which is on file with the
Clerk of the Council and which is incorporated herein by this reference.
(c) MAINTENANCE OF LICENSED EQUIPMENT: CONTRACTOR shall, at its own
expense, maintain and preserve the Licensed Equipment in good repair and working order at all times
and will operate the Licensed Equipment in an efficient and economical manner and will pay all
maintenance and operation costs of the Licensed Equipment as they become due and payable. On or
before the first day of each fiscal year, CONTRACTOR will prepare a budget setting forth the
estimated maintenance and operation costs of the Licensed Equipment for such fiscal year.
(d) OPERATION OF LICENSED EQUIPMENT: CONTRACTOR shall be fully responsible
to the CITY for the storage, operation, maintenance and management of the Licensed Equipment.
CONTRACTOR shall distribute the Solid Waste collection and Recycling carts (one for Recyclable
Solid Waste, one for Yard Waste and one for non-Recyclable Solid Waste) to each Curbside Service
Unit throughout the CITY. CONTRACTOR will utilize the Licensed Equipment solely to collect,
recycle and/or dispose of Solid Waste generated within the CITY for which it is responsible pursuant to
this Agreement.
(e) FUEL FOR LICENSED EQUIPMENT: All fuel required for the operation of the Licensed
Equipment pursuant to this Agreement shall be purchased by the CONTRACTOR. CONTRACTOR
shall be responsible for the costs of such fuel and all costs associated therewith.
(f) OPTION TO PURCHASE: At such time as the C.O.P.s used to finance the Licensed
Equipment are paid in full or otherwise satisfied or demised, the CONTRACTOR shall have a ninety
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(90) day option during which it may purchase the Licensed Equipment from the CITY for the then fair
market value thereof. Exercise of this option shall be made by written notice from the CONTRACTOR
to the Executive Director. CITY and CONTRACTOR shall, within thirty (30) days after such exercise,
each select a licensed appraiser in the field to determine said fair market value. The appraisers shall
submit their appraisals to both parties within thirty (30) days after their selection, and the average
between their appraised values shall be deemed to be the fair market value. If CONTRACTOR desires
to purchase the Licensed Equipment, it must tender the full fair market value to the CITY within forty
five (45) days after both appraisers have delivered their appraisals. If either appraiser fails to act within
the terms of this option or if either party hereto fails to select an appraiser, the determination of the sole
appraiser shall be binding. The CONTRACTOR shall bear the expense of both appraisers. The CITY
agrees that if CONTRACTOR elects to exercise this option it will, after tender of the full purchase
consideration, do all things proper and necessary to transfer full title, free and clear of all liens and
encumbrances, to the Licensed Equipment to CONTRACTOR or its assignors. Should
CONTRACTOR not exercise this option to purchase the Licensed Equipment then, at the termination
of the license granted herein, CONTRACTOR shall surrender possession of the Licensed Equipment to
CITY in good order and repair to the satisfaction of CITY, normal wear and tear excepted. Proceeds
from the sale of the Licensed Equipment are the property of the City.
(g) REPLACEMENT OF RESIDENTIAL AND COMMERCIAL COLLECTION VEHICLES:
Once the City-owned collection vehicles, as described in Exhibit A and this Section have reached
the end of their useful lives, the CONTRACTOR will provide at its expense, new low-emission
collection vehicle replacements which meet or exceed the emission requirements of all Federal, State
or Local air quality laws or regulations. The CONTRACTOR will begin the process of replacing all
residential and commercial collection vehicles, starting with the oldest trucks in 2006 with the goal
of completing all truck replacements by 2012. All residential collection vehicles will display the
City's recycling logo. The CONTRACTOR will also replace the Solid Waste collection and
Recycling plastic carts as described in Exhibit A with new carts as needed. All replacement vehicles
and carts provided shall be owned and operated by the CONTRACTOR.
12. COLLECTION POINTS AND REQUIREMENTS:
(a) CONTRACTOR shall not be required to collect Solid Waste from any Curbside Service
Unit unless the same is placed on the curb along a public or private street, or along an alley having
street access at both ends, and is placed in Solid Waste collection and Recycling plastic carts provided
to the Curbside Service Unit by CONTRACTOR and is prepared for collection in a manner prescribed
by the CTTY'S regulations covering the same. Under no circumstances shall CONTRACTOR be
required to pick up and collect any material or matter which is not Solid Waste as defined in this
Agreement, or to pick up and collect any Solid Waste from Curbside Service Units which does not
comply with the following standards and limitations:
(1) All Solid Waste shall be placed in the Solid Waste collection and Recycling plastic
carts provided by CONTRACTOR to each Curbside Service Unit pursuant to the following:
(a) Non-Recyclable Solid Waste shall be placed in burgundy plastic carts
provided by CONTRACTOR;
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(b) Recyclable Solid Waste shall be placed in grey plastic carts provided by
CONTRACTOR; and,
(c) Yard Waste shall be placed in green plastic carts provided by
CONTRACTOR.
(2) All non-Recyclable Solid Waste, Recyclable Solid Waste and Yard Waste shall be
placed in the appropriate Solid Waste collection and Recycling plastic carts adequate to eliminate
overflow or contamination of surrounding areas. Any non-Recyclable Solid Waste, Recyclable Solid
Waste and/or Yard Waste which is not placed in a Solid Waste plastic cart which has been provided to
the Curbside Service Unit will not be picked up; and,
(3) Large, heavy items, including, without limitation, water heaters, couches, tables,
refrigerators, stoves, and large pieces of furniture or household equipment shall be considered bulky
items which maybe disposed of under the provisions of Section 21.
(b) The aforementioned requirements to place non-Recyclable Solid Waste, Recyclable Solid
Waste and Yard Waste in appropriate Solid Waste collection and Recycling plastic carts shall not apply
to Christmas trees properly placed for collection.
(c) Whenever any Solid Waste that does not comply with the above standards and limitations is
not collected by CONTRACTOR, CONTRACTOR shall leave a notice, the format of which is subject
to the approval of the CITY, indicating the reason for non-collection at such Curbside Service Unit.
Said notice shall also contain the CONTRACTOR'S business name and his local telephone number. A
copy of said notice shall be delivered, or sent via telephone facsimile, to the CITY upon request by the
Executive Director and, if the reason for noncollection is not corrected within seven (7) days,
CONTRACTOR shall notify the CITY as to this continued noncollection.
13. SERVICES TO BE PROVIDED BY CONTRACTOR TO CITY FOR CITY
OPERATIONS:
(a) CITY GOVERNMENT OPERATIONS: CONTRACTOR shall collect all Solid Waste and
Construction and Demolition Solid Waste which is generated by CITY government operations at no
cost to the CITY. The CITY shall provide CONTRACTOR with a list of locations of bins and/or roll-
off containers from which such Solid Waste shall be collected. Said list may be modified by time to
time by the Executive Director. Solid Waste generated by such CITY operations shall be collected by
CONTRACTOR per a schedule provided to CONTRACTOR by the Executive Director which
schedule shall be approved between the CONTRACTOR and the Executive Director.
(b) STREET SWEEPING: The CONTRACTOR will coordinate with the Executive Director
to ensure that Solid Waste collection is compatible with the CITY'S street sweeping operations.
CONTRACTOR will be required to complete their designated routes each day so as not to interfere
with the CITY'S street sweeping operations.
(c) NEIGHBORHOOD CLEANUPS: The Contractor shall supply rolloff containers for
CITY sponsored neighborhood cleanups at no cost to the CITY. The number of roll off containers shall
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not exceed a maximum total number of three hundred (300) containers annually.
Notwithstanding the above, at any time that the CITY determines that the number of collections
and/or the number of roll-off containers provided for in section (c) is not adequately meeting the
CITY'S needs, then the CITY and CONTRACTOR agree to meet and confer regarding these
provisions, and may, by mutual agreement, modify the number of collections and/or roll-off containers.
14. COLLECTION, RECYCLING, YARD WASTE DIVERSION AND DISPOSAL
REQUIREMENTS:
(a) CURBSIDE SERVICE: CONTRACTOR shall provide each Curbside Service Unit within
the CITY with a minimum of three (3) Solid Waste collection and Recycling plastic carts. Any
provision of less than three (3) such plastic carts to any Curbside Service Unit shall be approved by the
Executive Director. Each Solid Waste plastic cart shall be a different color as described in Section 12
above. CONTRACTOR shall be required to collect contents of each Solid Waste plastic cart once per
week and CONTRACTOR shall be required to process the contents of said plastic carts as follows:
(1) Non-Recyclable Solid Waste Collection and Recycling Plastic Carts: Contents of
plastic carts containing Solid Waste shall be hauled directly to a legally authorized Disposal Site
pursuant to subsection (e) herein.
(2) Recyclable Solid Waste Collection and Recycling Plastic Carts: The contents of
containers containing Recyclable Solid Waste shall be hauled to a Material Recovery Facility ("MRF"),
which MRF shall be acceptable to the CITY, for Processing and diversion. All Solid Waste transported
to said MRF shall be processed and the portion thereof which is recyclable shall be recycled by Waste
Type in amounts so as to comply with CIWMA and the CITY'S Source Reduction and Recycling
Element ("SRRE"). In the event that the MRF approved by the CITY is not operated by the
CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility so as
to ensure the CITY'S compliance with CIWMA.
(3) Yard Waste Collection and Recycling Plastic Carts: The contents of the plastic
carts containing Yard Waste will be transported to a Composting Facility which meets all state, federal
and local laws for Yard Waste Diversion and which is acceptable to the CITY. CONTRACTOR shall
be responsible to ensure that the Yard Waste collected by CONTRACTOR is diverted in compliance
with CIWMA and the CTTY'S SRRE.
(b) BIN SERVICE: CONTRACTOR shall operate a Recycling program as described herein
for Bin Service. Such Recycling program shall require that CONTRACTOR take the Solid Waste in
bins which have clean "dry" loads to a MRF which is acceptable to the CITY for Processing and
diversion. CONTRACTOR shall guarantee that, at a minimum, fifty (50%) percent of the tonnage of
Solid Waste which is contained in bins and which is determined to have a high recyclable content will
be transported to a MRF. All Solid Waste which is transported to said MRF shall be processed and the
portion thereof which is recyclable shall be recycled by Waste Type in amounts so as to comply with
CIWMA and the CITY'S SRRE. In the event that the MRF approved by the CITY is not operated by
the CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility
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so as to ensure the CITY'S compliance with CIWMA. CONTRACTOR shall be permitted to transport
directly to a legally authorized Disposal Site those bins which are determined to have limited Recycling
potential due to food or other types of contamination. Any modifications to the above-referenced
percentage shall be approved by the Executive Director and shall be based on the diversion realized.
(c) ROLL-OFF SERVICE: CONTRACTOR shall process all Solid Waste collected from its
Roll-Off Service in compliance with the CITY'S SRRE and CIWMA. CONTRACTOR shall transport
all Solid Waste collected by the CONTRACTOR from roll-off service within the CITY boundaries to a
state permitted MRF, as provided in, and in compliance with, CIWMA, which MRF shall be acceptable
to the CITY. All Solid Waste transported to said MRF shall be processed and the portion thereof which
is recyclable shall be recycled by Waste Type in amounts so as to comply with CIWMA and the
CITY'S SRRE. In the event that the MRF approved by the CITY is not operated by the
CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility so as
to ensure the CITY'S compliance with CIWMA.
(d) TEMPORARY BIN SERVICE: CONTRACTOR shall process all Solid Waste collected
from temporary bins, not including Construction and Demolition Solid Waste, in compliance with the
CITY'S SRRE and CIWMA. CONTRACTOR shall transport all Solid Waste collected by the
CONTRACTOR from temporary bins within the CITY boundaries to a state permitted MRF, as
provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY. All Solid
Waste transported to said MRF shall be processed and the portion thereof which is recyclable shall be
recycled by Waste Type in amounts so as to comply with CIWMA and the CITY'S SRRE. In the event
that the MRF approved by the CITY is not operated by the CONTRACTOR, CONTRACTOR will be
responsible to subcontract for the use of such a facility so as to ensure the CITY'S compliance with
CIWMA.
(e) PARKWAY CLEAN-UP FOLLOWING GARAGE SALES: CONTRACTOR shall
provide 2 employees in a "front-loader vehicle that will devote 60 hours each six working days
following the quarterly garage sales to canvass the City neighborhoods in order to remove debris left in
the parkways after garage sales. CONTRACTOR shall transport all Solid Waste collected by the
CONTRACTOR from Parkway Cleanups within the CITY boundaries to a state permitted MRF, as
provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY.
(f) ALLEY CLEAN-UP FOLLOWING THE 1sT OF EACH MONTH: CONTRACTOR shall
provide 2 employees in a "front-loader vehicle that will devote 60 hours each six working days
following the first day of each month and six working days during the third week of the month to
canvas the City neighborhoods in order to remove debris left in alleyways following relocations.
CONTRACTOR shall transport all Solid Waste collected by the CONTRACTOR from Alley Cleanups
within the CITY boundaries to a state permitted MRF, as provided in, and in compliance with,
CIWMA, which MRF shall be acceptable to the CITY.
(g) DISPOSAL: 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
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25A-22
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 another
Disposal Site owned and operated by CONTRACTOR or an affiliate, and both parties agree to meet
and confer regarding any potential rate adjustments which may be necessitated thereby. 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
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, processed or disposed of,
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 contained in
the CITY'S SRRE, or any other requirement of CIWMA, are not met.
15. SYSTEM SAVINGS:
(a) SAVINGS PAYABLE TO CITY: In addition to the surcharge paid pursuant to Section 10
herein, CONTRACTOR has also agreed to pay to the CITY One Million Three Hundred Fifty One
Thousand Five Hundred Dollars ($1,351,500.00) in system savings each year during the term of this
Agreement. Such savings shall be deducted in monthly installments of One Hundred Twelve Thousand
Six Hundred and Twenty Five Dollars ($112,625.00) each from payments made to CONTRACTOR for
curbside service pursuant to Section 22 herein.
(b) POSSIBLE ADDITIONAL SAVINGS: The parties hereto have agreed that any additional
savings which may result from changes in the diversion percentages referred to in Section 14(b) above
shall be split evenly between the CITY and the CONTRACTOR. Such savings shall be the dollar
amount equal to the difference in the CONTRACTOR'S per ton cost for Processing and disposal of Bin
Service at a MRF and the per ton cost of disposal at a Disposal Site multiplied by the number of
additional tons taken directly to a Disposal Site. Any such additional savings shall be computed on a
monthly basis and such amounts shall be paid to the CITY by CONTRACTOR on or before the last
calendar day of each subsequent month.
16. CIWMA REPORTING REQUIREMENTS:
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CONTRACTOR shall prepare and submit to the CITY, on forms previously approved by the
CITY, all monthly or annual reports required of the CITY pursuant to the CIWMA. In addition thereto,
within sixty (60) days after the end of each calendar year, the CONTRACTOR shall provide to the
CITY an annual report which: (a) provides a collated summary of all the information contained in the
monthly reports referred to above; (b) provides a narrative description of all public awareness activities
of CONTRACTOR during the past one year which may have impacted Recycling participation; and (c)
provides a discussion of Recycling and source reduction program highlights and difficulties.
CITY may require additional reports from CONTRACTOR should the reports requested, or
submitted, pursuant to this section not satisfactorily fulfill the CITY'S requirements.
17. SRRE CONSULTANT:
(a) CONTRACTOR shall provide consultant services as necessary to modify the CITY'S
SRRE as required by either the County of Orange AB 939 Local Task Force and/or the State of
California. The consultant to perform such services shall be approved by the CITY. Such consultant
services shall be provided upon request by the CITY and shall be subject to final approval of the CITY.
The CONTRACTOR shall be responsible for a maximum cost for such services of twenty thousand
($20,000.00) dollars per fiscal year. Any costs incurred by the CONTRACTOR for services approved
by the CITY which exceed twenty thousand ($20,000.00) dollars per fiscal year shall be the
responsibility of the CITY as provided in section (b) below.
(b) CONTRACTOR shall submit a monthly report showing consultant services performed for
the preceding month. Subject to the approval of the Executive Director, any costs for approved
services which exceed twenty thousand ($20,000.00) dollars per fiscal year shall be made by the CITY
within thirty (30) days of receipt of said report for work satisfactorily performed.
18. PUBLIC EDUCATION SERVICES:
The CONTRACTOR shall be responsible for the provision of public education services as
provided in the CITY'S SRRE. These services shall include, but are not limited to, the following items:
(a) the production and distribution of a pamphlet containing trash regulations and holidays to all
Customers and Curbside Service Units on a yearly basis and to all new service starts at service
initiation;
(b) the production and distribution to all Customers and Curbside Service Units every year of
pamphlets concerning source reduction, Recycling and/or Yard Waste Diversion on an annual basis and
to all new service starts at service initiation;
(c) the performance, as needed, of community presentations on source reduction, Recycling and
Yard Waste Diversion, including the production of all presentation materials;
(d) the provision, as necessary, of technical assistance in the areas of source reduction,
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25A-24
Recycling and Yard Waste Diversion;
(e) the establishment and maintenance of a telephone hotline to receive calls from the public
and provide information concerning integrated waste management;
(f) cooperation in the production of an integrated waste management video for use by the CITY;
and,
(g) development and management of grants pursuant to the regulations contained in the
CIWMA and/or adopted by the California Integrated Waste Management Board including the
Department of Conservation and other governmental agencies that offer grants related to collection and
recycling services provided under the Agreement In fiscal year OS-06 CONTRACTOR will receive:
$5500 per month for the collection of used oil containers and filters. This includes all
manpower, vehicle, fuel, accounting and administrative costs associated with the collection program.
$75.00 per hour for grant administrator's time to develop and administer the grant programs.
This Section may be reasonably modified from time to time as deemed necessary and
appropriate by the Executive Director, including increased grant compensation paid to Contractor upon
a writing executed by the Executive Director. The CONTRACTOR shall be required to work with the
Executive Director in the preparation and production of the services listed and to proceed in the
rendering of such services as the CITY dictates. Any services required hereunder shall require the
Executor Director's approval prior to the execution thereof.
19. STANDARDS FOR COLLECTION, EQUIPMENT AND NOISE:
(a) Equipment and vehicles used by CONTRACTOR, whether owned by or licensed to
CONTRACTOR, for the collection and hauling of Solid Waste shall be used so as to assure, in the
reasonable opinion of the Executive Director, that adequate standards of collection will be maintained.
All loads in CONTRACTOR'S vehicles shall be kept completely covered at all times except when
material is actually being loaded or unloaded or where the vehicles are on route in the process of
collection. The collection equipment must be designed and operated in such a manner as to prevent
Solid Waste from escaping the vehicle. Any spillage of materials which occurs during the collection
process shall be immediately cleaned up by the CONTRACTOR at its expense. Further, all vehicles
used by the CONTRACTOR pursuant to this Agreement which are not owned by the CITY shall be
registered by CONTRACTOR with the Department of Motor Vehicles of the State of California. The
CONTRACTOR'S vehicles and equipment shall be subject to inspection by the CITY.
(b) It is the declared interest of the CITY that the CONTRACTOR be able to provide a variety
of sizes of bin and roll-off containers to meet the capacity requirements of commercial and residential
bin and roll-off container users. No material shall be permitted to leak, fall or be spilled on CITY
streets, alleys or highways. Any such leakage or spills occurring shall be immediately corrected and the
area cleaned at the CONTRACTOR'S expense. The equipment used must be maintained in good
mechanical condition and must employ adequate safety conditions for the operating personnel.
(c) All collections shall be made as quietly as possible and no unnecessarily noisy trucks or
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equipment shall be used. Employees of the CONTRACTOR who are unnecessarily noisy or who
violate the provisions of the State Motor Vehicle Code and/or any applicable CITY ordinance in the
collection of said materials shall be disciplined pursuant to CONTRACTOR'S performance standards.
(d) CONTRACTOR shall equip all Solid Waste collection and Recycling vehicles which
collect Solid Waste within the CITY with informational displays. The CITY shall advise
CONTRACTOR as to the messages which should be displayed while said vehicles are operating for the
CITY. The CITY may, at its option, have the messages to be displayed changed once per year.
20. MAINTENANCE OF BINS AND ROLL-OFF CONTAINERS:
(a) Bins and roll-off containers provided by CONTRACTOR shall be of a design and size to
contain, at all times, the contents therein in such a manner as to promote best possible housekeeping
conditions. Bins and roll-off containers supplied by the CONTRACTOR shall, at all times, be
maintained by it in a well-kept appearance and shall be marked with reflectorized material where such
bins and/or roll-off containers are or may reasonably be expected to be located in the public right-of-
way. Customers shall be responsible for the cleanliness, sanitation and deodorizing of such bins and
roll-off containers; provided, however, CONTRACTOR shall provide in its agreements with its
Customers for a bin or roll-off container cleaning service, including painting either as needed, at the
request of the Customer or at the request of the CITY, for a fee of twenty five ($25.00) dollars.
(b) Curbside Service Units shall be responsible for the cleanliness and sanitation of the Solid
Waste collection and Recycling plastic carts provided to such units.
(c) CONTRACTOR shall cause to have graffiti removed from bins within two (2) business
days and from roll-off containers within five (5) business days of a request by CITY to do so. Failure
to remove the graffiti within the required two (2) business days for bins and five (5) business days for
roll-off containers, excluding holidays, shall result in the assessment of a two hundred dollar ($200.00)
fine to the CONTRACTOR. CONTRACTOR may charge the user of a bin or roll-off container which
requires such graffiti removal a charge of twenty five ($25.00) dollars per incident.
(d) The Solid Waste collection and Recycling plastic carts receiving curbside service shall be
replaced where found by CONTRACTOR. The CITY reserves the right, upon submission of proof by
the Curbside Service Unit, to withhold sufficient compensation under this Agreement to adjust and pay
any claim for Solid Waste collection and Recycling plastic carts damaged by the willful or careless acts
of the employees of the CONTRACTOR. Repairs and replacement costs for said plastic carts shall be
borne by CONTRACTOR; provided, however, that such repairs and/or replacements costs shall not be
borne by CONTRACTOR when caused by the wanton or intentional destruction thereof by the
Curbside Service Unit. Curbside Service Units shall be billed by CONTRACTOR for replacements
caused by intentional or wanton destruction.
21. COLLECTION OF BULKY ITEMS:
In order to promote public sanitation and reduce fire hazards, CONTRACTOR shall provide to
all Curbside Service Units the service of curbside collection of bulky items such as couches,
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25A-26
refrigerators, rugs, water heaters, and other items of Solid Waste, which CONTRACTOR is not
required to collect under Section 12 because of size or weight, as follows:
(a) Upon request by a Curbside Service Unit within the CITY, CONTRACTOR shall provide
no more than two at-demand bulky item collections per year per Curbside Service Unit at no additional
cost. Each such Curbside Service Unit is limited to a maximum of four (4) bulky items (or twenty (20)
bags of yard waste) per pick-up request. Such collection services shall provide the opportunity of
having large objects, and other Solid Waste which is not required to be picked up pursuant to this
Agreement, picked up and processed properly. Requests by Curbside Service Units for such collections
shall be made directly to the CONTRACTOR who shall provide satisfactory telephone message
receiving, transmitting and response procedures and who shall be responsible for maintaining a log of
such large item collections. At demand pick ups shall be responded to by CONTRACTOR within a
reasonable time but no more than five (5) working days after such a request is received. Requests for
more than two (2) at-demand collections per year shall cost thirty ($30.00) dollars per collection and
shall be billed to the Curbside Service Unit requesting the additional collection by the
CONTRACTOR.
(b) CONTRACTOR shall provide assistance of removal of bulky items on private property to
senior citizens and the disabled at no cost.
(c) CONTRACTOR shall provide for the collection and recycling of televisions, computer
monitors and computer laptops as part of the Bulky Item collection program.
22. CURBSIDE SERVICE PAYMENTS:
(a) The CONTRACTOR shall establish rates for its provision of curbside services pursuant to
this Agreement. Such rates shall in no case exceed those set forth on Exhibit "C" attached hereto and
incorporated herein by this reference. The City shall collect on behalf of the CONTRACTOR the rates
established by the CONTRACTOR for said services. Rates collected and paid to the CONTRACOTR
shall be based on the total number of Curbside Service Units billed by the CITY for curbside service
during that month. CITY shall make billing records available to CONTRACTOR upon reasonable
notice for the purpose of auditing such records.
(b) Remittance to the CONTRACTOR of payments collected by the CITY for curbside service
shall on a monthly basis.
(c) Payments to be made to the CONTRACTOR shall be reduced each month by an amount
equal to the total monthly payment on the C.O.P.s. A monthly payment schedule of the maximum
amount of monthly payments on the C.O.P.s will be attached as Exhibit "D" once they are issued. The
payments to be made to CONTRACTOR shall not be reduced to the extent of any credits against
installment payments received by the CITY pursuant to Section 4.01 of the IPC.
23. RESIDENTIAL BIN SERVICE RATES:
(a) The CONTRACTOR shall receive compensation for supplying Bin Service to residential
19
25A-27
bin users by direct billing of the Customers receiving such service by means of separate agreements
entered into between the CONTRACTOR and each Residential Bin Service Customer. A copy of
every such agreement shall be made available to the Executive Director by CONTRACTOR.
(b) Rates for Residential Bin Service, including Gate Fees, Hauling Charges, Processing
Charges and any Recycling and Yard Waste Diversion, shall be established by the CONTRACTOR and
shall not exceed those set forth on Exhibit "C" attached hereto and incorporated herein by reference.
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.
24. COMMERCIAL/INDUSTRIAL BIN SERVICE RATES:
(a) The CONTRACTOR shall receive compensation for supplying Bin Service to
commerciaUindustrial bin users by direct billing of the Customers receiving such service by means of
separate agreements entered into between the CONTRACTOR and each such Bin Service Customer.
A copy of every such agreement shall be made available to the Executive Director by CONTRACTOR.
(b) Rates for CommerciaUIndustrial Bin Service, including Gate Fees, Hauling Charges,
Processing Charges and any Recycling and Yard Waste Diversion, shall be established by the
CONTRACTOR and shall not exceed those set forth on Exhibit "C" attached hereto. 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 CommerciaUlndustrial Bin Service available to the Executive Director at any
reasonable time.
25. ROLL-OFF SERVICE RATES:
(a) The CONTRACTOR shall receive compensation for supplying Roll-Off Service by direct
billing of the Customers receiving such service by means of separate agreements entered into between
the CONTRACTOR and each such Customer. A copy of every such agreement shall be made available
to the Executive Director by CONTRACTOR. Roll-off Service shall be provided at a minimum of
three (3) dumps per month per Customer.
(b) Rates for Roll-Off Services, including container delivery, collection, hauling and
transportation, shall be established by the CONTRACTOR and shall not exceed those set forth on
Exhibit "C" attached hereto. 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
20
25A-28
Curbside Service Units. CONTRACTOR shall make records containing Roff--Off Service available to
the Executive Director at any reasonable time.
26. COMPENSATION FOR GRANTS:
CONTRACTOR shall be permitted to obtain compensation in an amount approved by the
Executive Director for the management of grants pursuant to Section 18(g) herein.
27. ADJUSTMENTS TO CHARGES:
(a) HAULING AND PROCESSING CHARGES:
(1) PRICE INDICES: The two indices which will be used for determining adjustments
to Hauling and Processing Charges shall be the December Consumer Price Index ("CPI") for All Urban
Consumers (base years 1982-1984 = 100) for Los Angeles-Anaheim-Riverside CMSA, published by
the United States Department of Labor, Bureau of Labor Statistics and the December Producer Price
Index ("PPI"), Diesel Fuel #2 (#057303. When both indices are to be used to determine an adjustment
to the Hauling and Processing Charges, then the adjustment formula shall be as follows: the CPI shall
be weighted at ninety (90%) percent and the PPI shall be weighted at ten (10%) percent.
(2) CURBSIDE SERVICE: The Hauling Charges and Processing Charges for
curbside service shall be adjusted annually, using the CPI and PPI adjustment formula set forth in
subsection (a)(1) above without limitation; provided, however, that adjustments permitted to the
Hauling and Processing Charges during this time period shall be calculated at seventy five (75%)
percent of the CPI with a five (5%) percent maximum adjustment and a zero 0% percent minimum
adjustment per year.
(3) BIN SERVICE AND ROLL-OFF SERVICE: From July 1, 1997 until the
termination of this Agreement, the Hauling and Processing Charges for Bin Service and Roll-Off
Service shall be adjusted in accordance with the CPI and PPI adjustment formula set forth in subsection
(a)(1) above. Adjustments to the Hauling and Processing Charges for Bin Service and Roll-Off Service
shall be calculated at seventy five (75%) percent of the CPI with a five (5%) percent maximum
adjustment and a zero 0% percent minimum adjustment per year.
(b) GATE FEES: Should any increase or decrease in the Gate Fees charged by a Disposal Site
occur during the term of this Agreement, CONTRACTOR shall be permitted to pass through to both its
Bin Service Customers and its Roll-Off Service Customers and CITY shall pass through to its curbside
service users one hundred (100%) percent of such increase or decrease in the Gate Fees for that portion
of the Solid Waste which is taken to the Disposal Site. CITY shall pass through to CONTRACTOR
such increase or decrease in its curbside service payments to CONTRACTOR. Should a change in
Gate Fees become effective on July 1st of any year, the parties agree to utilize the tonnages from the
previous calendar year to determine the percentage of Solid Waste that is taken to the Disposal Site.
(c} SOLID WASTE PROGRAM SURCHARGE• Should any increase or decrease in the
Hauling and Processing Charge or the Gate Fees occur during the term of this Agreement,
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25A-29
CONTRACTOR shall be permitted to pass through to both its Bin Service and its Roll-Off Service
Customers the corresponding increase or decrease incurred by CONTRACTOR for the Solid Waste
program surcharge which CONTRACTOR is required to pay pursuant to Sections 10, 23(b) and 24(b)
herein.
(d) ADMIl~IISTRATNE COST: The Administrative Cost for curbside service shall be
adjusted annually. The Administrative Cost shall 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.
28. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REQUIREMENTS:
(a) The CONTRACTOR may enter into agreements with Bin Service Customers for special
collection services different from, in addition to, or greater than the minimum collection services
required by this Agreement. The special fees which CONTRACTOR may charge Bin Service
Customers are set forth on attached Exhibit "C."
(b) CONTRACTOR shall not be permitted to charge a special fee for moving a bin from
between buildings, other than the fees permitted as set forth on attached Exhibit "C". Further,
CONTRACTOR may not charge a fee when it is required to move its vehicles in reverse for purposes
of emptying a bin. Circumstances not covered by any of the above or on attached Exhibit "C" shall
require an inspection by the CITY prior to a determination of the charges which maybe imposed. The
decision of the Executive Director in respect to these charges shall be final. A brief explanation of each
special service charge must be included on every Customer's billing.
(c) In the event the CONTRACTOR is unable to provide temporary service to any Customer
within five (5) calendar days after receipt of a call by such Customer, the Executive Director may
permit any other licensed hauler to provide temporary service to such Customer if, but only if,
CONTRACTOR has not provided such service within twenty-four (24) hours after reasonable
notification by the Executive Director to CONTRACTOR.
29. MINIMUM SERVICE LEVELS -MULTI-FAMILY RESIDENTIAL BUILDINGS:
(a) CITY shall require that all residential buildings with three or more dwelling units be served
by Bin Service, except that CITY may waive such requirement for any residential buildings with four
(4) or more units existing on January 1, 1972 and for any residential buildings with three (3) units
existing on February 23, 1983, upon a determination that no lawfully usable space is available for such
container within the boundary lines of the subject property. The CONTRACTOR shall provide bin
containers of such capacity and collections of such frequency for residential buildings required to have
Bin Service by this section as to provide for Solid Waste collection of not less than one-half (1/2) of
one (1) yard of Solid Waste collection per dwelling unit per week. In all cases, collections shall be
made at least once per week. CONTRACTOR shall comply with any request by the Executive Director
to change the scheduled collection days for Residential Bin Service Customers, which is designed to
promote conformity of Bin Service collections in any specified area of the CITY to improve sanitation
or reduce noise.
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25A-30
(b) In the event that Solid Waste being disposed of at a Residential Bin Service building
exceeds the bin capacity for such building, CONTRACTOR shall notify the Executive Director who
shall cause an inspection to be made of the premises. If the Executive Director determines that there is
insufficient bin capacity at said location, he shall cause written notification to be given to the property
owner and/or person in possession of the property. Said notification shall contain the date of the
reported overflow of Solid Waste from the bins. The notice shall also inform the property owner and/or
person in possession of the property that should another incident of overcapacity occur within thirty
(30) days following the date of the original incident, the property owner and/or person in possession of
the property will be required to increase the number of bins, the size of the bin, or the frequency of
collections, up to the equivalent of two (2) cubic yards per dwelling unit per week. In the event that
this should occur, the Executive Director shall determine whether to increase the number of bins or the
frequency of collections and CONTRACTOR shall furnish such additional services and shall be
entitled to compensation from the Customers to the same extent as if the Customer requested such
additional collections from the CONTRACTOR.
30. MINIMUM SERVICE LEVELS - COMMERCIAL/INDUSTRIAL BIN SERVICE AND
ROLL-OFF SERVICES:
City shall require that all commercial and/or industrial units and/or buildings be served by Bin
Service or Roll-Off Service; provided, however, that this requirement maybe waived by the Executive
Director. In the event that Solid Waste being disposed of at a commerciaUindustrial bin or roll-off
container unit exceeds the bin or roll-off container capacity for such building, CONTRACTOR shall
notify the Executive Director who shall cause an inspection to be made of the premises. If the
Executive Director determines that there is insufficient bin or roll-off container capacity at said
location, he shall cause written notification to be given both to the business and the property owner.
Said notification shall contain the date of the reported overflow of Solid Waste from the bin or roll-off
container. The notice shall also inform the business and property owner that should another incident of
overcapacity occur within thirty (30) days following the date of the original incident, the business
and/or property owner will be required to increase the number of bins or roll-off containers, or the
frequency of collections. In the event that this should occur, the Executive Director shall determine
whether to increase the number of bins or roll-off containers, the size of the bin or roll-off container, or
the frequency of collections and CONTRACTOR shall furnish such additional services and shall be
entitled to compensation from such Customers to the same extent as if the Customer requested such
additional collections from the CONTRACTOR.
31. SERVICE STANDARDS:
(a) The CONTRACTOR's office shall be accessible by a local or toll-free telephone number.
The CONTRACTOR'S office hours shall be open at a minimum from 8:00 a.m. to 5:00 p.m. Monday
through Friday and from 8:00 a.m. to noon on Saturdays. CONTRACTOR'S offices shall be closed on
Sundays and holidays. The CONTRACTOR shall have an answering machine in operation after
normal business hours, and on Sundays and holidays thus enabling the public to leave a message. The
CONTRACTOR shall have the capability of responding to the public in English and Spanish during
office hours.
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(b) CONTRACTOR may charge a delinquency fee of not more than ten (10%) percent per
month on accounts which have not remitted required payments within 30 days after the date of billing.
Should payment not be received within 45 days of billing, CONTRACTOR shall notify said Customer
on forms approved by the CITY that services maybe discontinued 15 days from the date of the notice if
payment is not made before that time. Upon payment of the delinquent fees, CONTRACTOR shall
resume collection on CONTRACTORS next regularly scheduled collection day. CONTRACTOR
shall provide the CITY with a bi-weekly list indicating the Customers which have had service ceased
due to nonpayment.
32. SUPERVISION:
Performance of each of the provisions of this Agreement shall be under the direction and
supervision of the Executive Director. The CONTRACTOR shall furnish the Executive Director every
reasonable opportunity of ascertaining whether or not the work is performed in accordance with the
requirements of this Agreement. The CONTRACTOR shall designate a person to serve as agent and
liaison between its organization and the CITY and shall maintain a telephone and a means for contact at
all times during periods of strike or other emergencies. The Executive Director may inspect the
CONTRACTOR'S operations, facilities and equipment at any reasonable time and the CONTRACTOR
shall admit him to make such inspections at any reasonable time and place.
33. TITLE TO SOLID WASTE:
Title to all Solid Waste collected pursuant to this Agreement shall be vested in
CONTRACTOR upon being placed at the curb for collection, or placed in a bin or roll-off container for
collection. CONTRACTOR expressly hereby reserves and is granted the right to retain, dispose of and
otherwise use such Solid Waste, or any part thereof, in any fashion and for any lawful purpose desired
by CONTRACTOR and to retain any benefit or profit resulting there from provided, however, that
CONTRACTOR first complies with this Agreement, the CITY'S SRRE and CIWMA.
34. FAILURE TO COLLECT:
(a) Should the CONTRACTOR materially and substantially fail to collect and recycle, divert
by means of composting, mulching and/or transforming or dispose of Solid Waste in accordance with
this Agreement and the collection schedules then in effect pursuant to Section 8, the CITY, after prior
written notice of not less than forty eight (48) hours to the CONTRACTOR, may collect, recycle, divert
and/or dispose of all or any part of such Solid Waste, or initiate services to cause or promote its
collection, Recycling, Yard Waste Diversion and/or disposal, using CITY employees and/or
independent contractors, and the CONTRACTOR shall be liable for all reasonable expenses thereby
incurred by the CITY.
(b) The CITY may give such notice for any specified individual omission by CONTRACTOR
in which event CONTRACTOR shall be allowed a reasonable time of not less than forty eight (48)
hours to remedy such omission. In the event of substantial nonperformance by CONTRACTOR for
any reason, including a strike of CONTRACTOR'S employees, the notice shall continue in effect with
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respect to Solid Waste originating thereafter as long as the omission continues. In addition to any other
lawful means of effecting reimbursement from the CONTRACTOR, such expenses may be deducted
by the CITY from money due or which may become due the CONTRACTOR. In addition, CITY shall
be permitted to take control and possession of the Licensed Equipment it owns pursuant to Section 11
herein and shall be allowed to use, without charge, any of CONTRACTOR'S other collection vehicles,
containers, and other equipment not then in actual use by CONTRACTOR which CITY shall deem
necessary to provide collection, Recycling, Yard Waste Diversion and/or disposal services pursuant to
this section. The right of the CITY to enter upon and use facilities and equipment as specified herein
shall extend for a period of ninety (90) days.
(c) Should CONTRACTOR fail to collect, recycle, divert by means of composting, mulching
and/or transforming, and/or dispose of Solid Waste in accordance with this Agreement,
CONTRACTOR shall be deemed to be in material default in the performance of its obligations of this
Agreement. In the event of such a material default, the reasonable time for correction pursuant to
Section 35 herein shall be seven (7) days.
35. DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT:
(a) In the event CONTRACTOR defaults in the performance of any of the obligations,
covenants or agreements to be kept, done or performed by it under the terms of this Agreement, or any
other applicable Federal, State, or local law or regulation, the CITY shall notify CONTRACTOR in
writing of the nature of such default.
(b) The Executive Director may, in such written instrument, set a reasonable time within which
correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for
correction shall be thirty (30) days from the receipt by the CONTRACTOR of such written notice. If
the CONTRACTOR cannot reasonably correct or remedy the breach within the time set forth in such
notice, CONTRACTOR shall still be required to commence to correct or remedy the violation within
such time as set forth in the notice and shall be required to diligently achieve such correction or remedy
as soon thereafter as possible.
(c) The Executive Director shall review the CONTRACTOR'S response to the notice of
deficiencies and shall either decide the matter and notify the CONTRACTOR of that decision in
writing, or, refer the matter to the City Council. A decision or order of the Executive Director shall be
final and binding on CONTRACTOR if the CONTRACTOR fails to file a "Notice of Appeal" with the
City Clerk within 10 days of receipt of the Executive Director's decision. Within thirty working days of
receipt of a Notice of Appeal, the City Clerk shall refer the appeal to the City Council for proceedings
in accordance with Chapter three of the Santa Ana Municipal Code.
(d) In such case, the City Council may set the matter for hearing. The City Clerk shall give
CONTRACTOR written notice of the time and place of the hearing. At the hearing, the City Council
shall consider the report of the Executive Director indicating the deficiencies, and shall give the
CONTRACTOR a reasonable opportunity to be heard.
(e) Based on the evidence presented at the public hearing, the City Council shall determine by
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Resolution whether this Agreement should be terminated. If, based upon the record, the City Council
determines that the performance of CONTRACTOR is in breach of any material term of this
Agreement or any material provision of any applicable Federal, State, or local statute or regulation, the
City Council, in the exercise of its sole discretion, may terminate forthwith the Agreement. The
decision of the City Council shall be final and conclusive. CONTRACTOR's performance under the
Agreement is not excused during the period of time prior to the City Council's final determination as to
whether such performance is deficient.
(f) The rights of termination or imposition of liquidated damages, as set forth in Section 36
hereof, are in addition to any other rights of CITY upon a failure of CONTRACTOR to perform its
obligations under this Agreement. The CITY further reserves the right to terminate CONTRACTOR's
Agreement or impose liquidated damages in the event of any of the following:
(1) If the CONTRACTOR practices, or attempts to practice, any fraud upon the CITY;
(2) If the CONTRACTOR becomes insolvent, unable, or unwilling to pay its debts, or
upon listing of an order for relief in favor of CONTRACTOR in a bankruptcy proceeding;
(3) If the CONTRACTOR fails to provide or maintain in full force and effect the
workers' compensation, liability or indemnification coverage as required by this Agreement;
(4) If the CONTRACTOR willfully violates any orders or rulings of any regulatory
body having jurisdiction over the CONTRACTOR relative to this Agreement, provided that the
CONTRACTOR may contest any such orders or rulings by appropriate proceedings conducted in good
faith, in which case no breach of this Agreement shall be deemed to have occurred;
(5) If the CONTRACTOR willfully fails to make any payments required under the
Agreement and/or refuses to provide the CITY with required information and/or reports in a timely
manner as provided in this Agreement; or,
(6) Any other act or omission by the CONTRACTOR which materially violates the
terms, conditions, or requirements of this Agreement, CIWMA, as it may be amended from time to
time, or any order, directive, rule, or regulation issued thereunder and which is not corrected or
remedied within the time set in the written notice of the violation.
(g) In addition to the remedies set forth herein, the CITY shall have the right to obtain damages
and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms
of this Agreement by CONTRACTOR, the CITY may suffer irreparable injury and incalculable
damages sufficient to support injunctive relief, to enforce the provisions of this Agreement and to
enjoin the breach thereof.
(h) If CONTRACTOR claims default by the CITY in the payment of any money due or alleged
to be due to CONTRACTOR pursuant to this Agreement, CONTRACTOR shall not be entitled to
cancel this Agreement if the CITY, within seven (7) days after receipt of notice of the claimed default,
deposits the amount in controversy into an interest bearing account in a commercial bank or lending
institution and maintains such deposit until such time as a final judicial decision or agreement between
the parties determines the rightful disposition of the said amount in controversy; provided that
CONTRACTOR shall be deemed to have waived all claims to the said amount if no agreement is
reached nor any legal proceeding initiated within ninety (90) days of the CONTRACTOR's service of
written notice of default on the CITY.
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36. LIQUIDATED DAMAGES:
(a) The CITY finds, and the CONTRACTOR agrees, that as of the time of the execution of this
Agreement it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall
be incurred by the CITY as a result of a breach by CONTRACTOR of its obligations under this
Agreement. The factors relating to the impracticability of ascertaining damages include, but are not
limited to, the fact that: (i) substantial damage results to members of the public who are denied Solid
Waste collection services or denied quality or reliable collection service; (ii) such breaches cause
inconvenience, anxiety, frustration, and deprivation of the benefits of this Agreement to individual
members of the general public for whose benefit this Agreement exists, in subjective ways and in
varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that
the monetary loss resulting from denial of services or denial of quality or reliable services is impossible
to calculate in precise monetary terms; and, (iv) the termination of this Agreement for such breaches,
and other remedies are, at best, a means of future correction and not remedies which make the public
whole for past breaches.
(b) Accordingly, the CITY may, in its discretion but after complying with the notice and
hearing procedures set forth in Section 35, assess liquidated damages of Five Hundred Dollars
($500.00) per day, for each calendar day that collection service is not provided by CONTRACTOR in
accordance with this Agreement. The amount of the liquidated damages shall be subject to an annual
CPI adjustment computed at one hundred (100%) percent of the CPI for All Urban Consumers (base
years 1982-1984 = 100) for Los Angeles-Anaheim-Riverside CMSA, published by the United States
Department of Labor, Bureau of Labor Statistics.
(c) The CITY finds, and the CONTRACTOR acknowledges and agrees, that the above
described liquidated damages provisions represent a reasonable sum in light of all of the circumstances.
Said liquidated damages sums shall be applicable to each calendar day of delay during which
CONTRACTOR has been found by the CITY to be in default after having been given the proper notice
and hearing set forth in Section 35 of this Agreement. The CONTRACTOR shall pay any liquidated
damages assessed by the CITY within ten (10) calendar days after they are assessed. If they are not
paid within the ten (10) day period, the CITY may order the termination of this Agreement.
37. USE BY CITY OF CONTRACTOR'S EQUIPMENT:
Upon cancellation of this Agreement by either party for any reason prior to the end of the period
specified herein as the term of this Agreement, the CITY shall take possession and control of all
vehicles and equipment which it has licensed to CONTRACTOR pursuant to Section 11 herein and
CITY shall also have the exclusive right to rent or lease and operate any or all trucks, trailers, tractors
and other items of equipment used by CONTRACTOR in the performance of the work specified in this
Agreement. Further, the City shall have access to the MRF and composting facilities used by the
CONTRACTOR for the Processing, Recycling and Yard Waste Diversion of Solid Waste produced or
accumulated within the CITY. The right of the CITY to enter upon and use facilities and equipment as
specified herein shall extend following the date of cancellation of this Agreement for a period of ninety
(90) consecutive calendar days. The rental prices to be paid the CONTRACTOR under this section
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shall be such to adequately reflect the most current rental prices prevailing in the County of Orange at
the date of termination.
Any moneys due the CONTRACTOR for rental of the equipment under the provisions of this
section maybe withheld by the CITY and used by it for the purpose of paying any outstanding liens or
payments due and unpaid upon the said equipment.
38. COMPLAINTS:
(a) The CITY shall record all complaints and communications received by the CITY from
persons and businesses being served under the provisions of this Agreement and all other incidents of
failure to perform in accordance with this Agreement noted by the CITY. The CONTRACTOR shall
be responsible to resolve such complaints within two (2) business days of receipt thereof.
CONTRACTOR shall likewise record all complaints received by CONTRACTOR in a daily log which
shall include the complaint, the communication, the date, time, complainant's name and address if
provided, and the nature, date and manner of resolution of the complaint. A copy of said log shall be
delivered to the Executive Director on a quarterly basis; however, the Executive Director reserves the
right to require the CONTRACTOR to deliver, or send via telephone facsimile, such records to the
Executive Director within twenty four (24) hours of receipt thereof.
(b) The failure of the CONTRACTOR to pick up Solid Waste which has been set out in the
proper manner shall be considered a missed pick-up, and the CONTRACTOR shall collect the material
from the service recipient within twenty-four (24) hours of the CONTRACTOR'S receipt of notification
of the missed pick-up. If the CONTRACTOR is notified of a missed pick-up by 9:00 a.m. the
following business day, the missed pick-up will be collected that same day. The CONTRACTOR shall
maintain a written record of all calls related to missed pick-ups and the service response provided by
the CONTRACTOR. Such records shall be made available for inspection upon request by the
Executive Director.
39. COMPENSATION REDUCTION DURING STRIKE PERIOD:
In the event that there occurs any period in which CONTRACTOR fails to maintain
substantially complete regular collection services pursuant to this Agreement and the collection
schedules then in effect, by reason of a strike or CONTRACTOR's failure to pay his employees, and
only if such period includes more than ten (10) normal collection days (weekdays), then the following
shall apply.
(a) The City Council may assess damages against the CONTRACTOR in an amount which
does not exceed the sum of the following:
(1) The expenses incurred by the CITY in providing collection, Recycling, Yard Waste
Diversion and/or disposal services pursuant to Section 34; and,
(2) Fifty percent (50%) of the amount by which CITY revenue from fees collected for
curbside service by the CITY from the public is reduced due to any reduction or refund of such fees
granted by the City Council to compensate such fee payers for the inconvenience experienced by them
28
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due to CONTRACTOR's failure to furnish full performance during such period.
(b) In assessing damages, the City Council shall take into account the CONTRACTOR'S efforts
to mitigate the inconvenience to the public receiving curbside service. In particular, CONTRACTOR
shall be given credit for Curbside Service Unit collections made by CONTRACTOR by having
damages assessed, subject to the above said maximum, in approximately the same proportion to the
compensation due CONTRACTOR for curbside service during the subject period as the number of
Curbside Service Unit collections which CONTRACTOR failed to make bears to the total number of
Curbside Service Unit collections which should have been made pursuant to this Agreement.
(c) In addition to any other lawful means of effecting recovery of the damages assessed against
CONTRACTOR the amount thereof maybe deducted by CITY from money due or which may become
due to the CONTRACTOR either in single sum or in installments. In the event CONTRACTOR
objects to such assessment or set-off, it shall nevertheless maintain full performance under this
Agreement, reserving all rights to subsequently litigate the propriety or amount of the damages
assessed.
(d) Refunds or reduction of payments of CONTRACTOR'S Customers shall be the sole
responsibility of CONTRACTOR. CONTRACTOR covenants for the benefit of each such Customer to
grant a reasonable and fair refund or reduction or compensatory service; provided, however, that the
CONTRACTOR may condition such refunds or reductions or compensatory service upon the
Customer's filing of a claim for the same with the CONTRACTOR. To the extent Bin or Roll-Off
Service collections are made at CITY'S expense in the absence of CONTRACTOR's performance,
CONTRACTOR shall be liable to CITY for a proportionate amount of the Customers' payments due to
the CONTRACTOR.
40. FEES AND GRATUITIES:
CONTRACTOR shall not, nor shall it permit any agent, employee or subcontractor employed
by it to, request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity
for the collection of Solid Waste otherwise required to be collected under this Agreement, except such
compensation as is provided for in this Agreement. However, CONTRACTOR may make available to
Bin Service users special services as provided for in Section 28 hereof. CONTRACTOR may make a
direct charge in each instance for such service under a written agreement which shall be subject to the
approval of the Executive Director and at such rates as are reasonable, just and uniform for all persons
requesting such additional services. All such charges shall be collected by CONTRACTOR. Nothing
in this section or in this Agreement shall be construed, however, to require CONTRACTOR to render
services of any kind to any person to the extent such services are not specifically required by the
provisions of this Agreement, or to require that CONTRACTOR having rendered special or additional
services not provided for herein to one or more persons, to offer or render the same services to any
other person or entity.
41. LEGAL RELATIONS AND RESPONSIBILITIES:
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(a) Applicable Laws: CONTRACTOR shall at all times comply with all applicable provisions
of the Code, as now in effect or hereafter enacted, as well as all other applicable County, State and
Federal laws and regulations; provided, however, no amendment of the Code shall operate to change
CONTRACTOR's right to decline to pick up and collect any material or matter which is not Solid
Waste as defined in this Agreement or to decline to pick up and collect Solid Waste which does not
comply with the standards and limitations set forth in this Agreement, or otherwise operate to
materially impair the rights and privileges of CONTRACTOR hereunder. Should any state or federal
laws become effective after the date of execution of this Agreement which require modifications to the
terms hereof, the parties agree to meet and confer regarding any such modifications.
(b) Personnel: No employee of CONTRACTOR shall continue to be employed on any work
under this Agreement who is intemperate, discourteous, disorderly, inefficient or unduly noisy.
(c) Permits and Licenses: CONTRACTOR shall obtain all permits and licenses required of it
by City, County, State and Federal agencies.
(d) Workers' Compensation Policy: CONTRACTOR shall maintain in full force and effect
during the term of this Agreement, a workers' compensation policy in accordance with the provisions
and requirements of the Labor Code of the State of California and such other forms of insurance as
shall be required by law. The policy providing coverage shall provide that the insurance shall not be
suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days prior
written notice by certified mail has been given to the CITY. Waivers of Subrogation shall be in effect
for any claims asserted against the CITY which arise out of CONTRACTOR's operations and
CONTRACTOR shall have this clause endorsed on their Workers' Compensation policies.
(e) Public Liability Insurance: CONTRACTOR shall obtain, at its sole cost, and file with the
City Clerk of CITY, prior to exercising any right or performing any obligation pursuant to this
Agreement, and maintain for the period covered by this Agreement, a policy or policies of liability
insurance satisfactory to the City Attorney of CITY, naming CITY, its officers, agents and employees,
as insured or additional insured, which provides coverage for liability for any and all claims and suits
for damages or injuries to persons or property resulting from or arising out of the performance by
CONTRACTOR its officers, agents, or employees, or by CITY, its officers, agents, or employees
pursuant to Section 1 of this Agreement, of CONTRACTOR'S covenants hereunder, or any failure or
omission thereof.
Said policy or policies of insurance shall provide coverage for both bodily injury and property
damage in not less that the following minimum amount: One Hundred Million Dollars
($100,000,000.00) combined single limit and, in addition, Ten Million Dollars ($10,000,000.00) of
Environmental Impairment Liability coverage for bodily injury, property damage and cleanup costs as it
relates to the transportation of Solid Waste. Said insurance shall protect CONTRACTOR and CITY
from any claim for damages for bodily injury, including accidental death, as well as from any claim for
property damage which may arise from operations performed pursuant to this Agreement, whether such
operations be by CONTRACTOR itself, or by its agents, employees, and/or subcontractors. Such
policy or policies shall contain severability of interests clauses so that the rights and duties of the CITY
are clearly separate from CONTRACTOR'S interests. Said policy or policies shall also contain a
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provision that no termination, cancellation or change of coverage of insured or additional insured shall
be effective until after thirty (30) days prior written notice by certified mail thereof has been given to
CITY. CONTRACTOR shall give CITY prompt and timely notice of any claim made or suit instituted.
(f) Insurance Responsibility for CITY Owned Solid Waste Collection and Recyclin~ Vehicles:
This Agreement expressly and absolutely transfers the entire responsibility for any and all damage to
the CITY owned Solid Waste collection and Recycling vehicles, and any and all liability arising out of
the use of such vehicles, directly and completely to CONTRACTOR. This same transfer includes the
requirement that CONTRACTOR has expressly agreed to be contractually, fully and completely
responsible for complying with all of the State of California's Motor Vehicle Insurance laws, rules and
regulations. To be more specific, this includes having CONTRACTOR insure each and every CITY
Solid Waste collection and Recycling vehicle for auto liability and physical damage, including both
collision and comprehensive insurance. The amount of auto liability insurance shall be not less than
One Hundred Million Dollars ($100,000,000.00) combined single limit, covering auto bodily injury
and property damage for owned, non-owned and hired vehicles. Collision and Comprehensive
coverage shall be insured on an actual cash value basis. If the physical damage insurance is insured on
a loss-limit basis, the loss limit shall be equal to or exceed the actual cash value of all of the CITY
Solid Waste collection and Recycling vehicles. Insurers shall be currently rated by A.M. Best
Company with a minimum rating at A VII. The policy or policies shall contain severability of interest
clauses so that the right and duties of the CITY are clearly separate from CONTRACTOR'S interests.
The CITY, its officers, agents and employees shall be additional insureds. CONTRACTOR will verify
to CITY that adequate funds are available to pay any liability Self-Insured Retention, collision and
comprehensive deductibles, or other self-insurance plans approved by the CITY. Ninety (90) days or
more of prior notice for material change in coverage, exclusions and conditions or cancellation will be
endorsed onto CONTRACTOR'S policies in favor of the CITY. Loss Payee endorsements or similar
clauses will be endorsed onto CONTRACTOR'S property insurance policies protecting the CITY'S
Solid Waste collection and Recycling vehicles. Endorsements to all policies with policy declaration
pages will be required. Certificates of Insurance shall be provided prior to receiving insurer policy
endorsements.
(g) Indemnification: CONTRACTOR shall indemnify and save harmless CITY, its officers and
employees, against any and all damages to property or injuries to or death of any person or persons,
including property and employees or agents of CITY and shall defend, indemnify and save harmless
CITY, its officers and employees, from any and all claims, demands, suits, actions or proceeding of any
kind or nature, including, but not by way of limitation, workers' compensation claims, of or by anyone
whomsoever, directly or indirectly caused by, or arising out of a breach of a requirement of this
Agreement by the CONTRACTOR or any negligent or willful act or omission of CONTRACTOR or
any negligent or willful act or omission of the CONTRACTOR its employees or subcontractors in the
performance of this Agreement. CONTRACTOR shall procure and maintain, at its own cost and
expense, any additional kinds and amounts of insurance which, in its own judgment, maybe necessary
for its proper protection in the performance of the work. Insurance coverage specified in this
Agreement shall in no way lessen or limit the terms of this indemnification.
(h) Enforcement of Scope of Services: CONTRACTOR shall reimburse the CITY for any
costs incurred by the CITY in enforcing and potentially defending any challenges by any and all school
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and college districts regarding the Solid Waste collection regulations contained herein.
(i) Waivers: No acquiescence, failure or neglect of either of the contracting parties to insist on
strict performance of any or all of the terms hereof shall be considered as or constitute a waiver or any
term or condition of this Agreement or any performance required thereunder, or any remedy, damage or
other liability arising out of such refusal, neglect or inability to perform at any time.
42. SUBCONTRACTORS AND MANAGEMENT:
(a) The CONTRACTOR shall not subcontract this Agreement nor any part hereof without first
obtaining the consent of the City Council.
(b) CONTRACTOR shall designate the person to be in charge of administering this
Agreement. The CITY retains the right to reject said person at any time during the term of this
Agreement upon reasonable grounds. Should the CITY require the replacement of any
person so designated by CONTRACTOR, the CONTRACTOR shall have thirty (30) days within
which to designate, with the CITY'S approval, a new person.
(c) The CITY may cancel this Agreement pursuant to Section 35 or in the event of a breach of
the covenants in subsections (a) and (b) hereinabove.
43. ACCOUNTING AND AUDITING:
(a) The CONTRACTOR shall maintain financial records in accordance with generally
accepted accounting principles.
(b) CONTRACTOR shall make its records, reports, and methods of accounting available to the
CITY'S designated representative during normal business hours to allow the such person to review and
verify the information reported pursuant to this Agreement including, but not limited to, the
information reported pursuant to Section 16 hereof, the information reported pursuant to Sections 22
through 25 including, but not limited to, the tonnages reported therein, and the Gross Receipts reported
pursuant to Section 10 hereof.
(c) CITY shall make its billing records available to CONTRACTOR upon reasonable notice
for the purpose of auditing such records.
44. BOND:
The CONTRACTOR shall, prior to the initial date of the term of this Agreement, execute and
file with the City Clerk a surety bond in the penal sum of Two Million Dollars ($2,000,000.00)
conditioned upon the faithful performance of this Agreement by the CONTRACTOR and its
subcontractors, if any. Said bond may be written for a term of one year, and may thereafter be renewed
by certificate, provided however, that the CONTRACTOR agrees to maintain such bond or bonds in
force for the complete term of this Agreement.
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45. MEDIA RELATIONS:
The CONTRACTOR shall notify the CITY by facsimile of all requests for news media
interviews related to the CITY'S Solid Waste collection program within twenty-four (24) hours. Before
responding to any inquiries involving controversial issues, CONTRACTOR will discuss the proposed
response with the CITY. Copies of dra$ news releases or proposed trade journal articles shall be
submitted to CITY for prior review and approval at least two (2) working days in advance of release.
Copies of articles resulting from media interviews or news releases shall be provided to the CITY
within five (5) days after publication.
46. NOTICES:
Any notice required by this Agreement shall be sufficiently served if personally delivered or if
deposited into the U.S. Mail, postage prepaid, and if addressed as follows:
If served by CONTRACTOR upon CITY:
Executive Director of Public Works
Public Works Agency
City of Santa Ana
20 Civic Center Plaza M-21
Santa Ana, California 92701
If served by CITY upon CONTRACTOR:
David Ross
Senior District Manager
Waste Management
1800 South Grand
Santa Ana, California 92705
With a courtesy copy to:
West Group General Counsel
Waste Management, Inc
7025 N Scottsdale Road, Suite 200,
Scottsdale, AZ 85253
47. GENDER AND NUMBER:
As used herein, the masculine gender shall include the feminine and neuter, and the singular
shall include the plural.
48. VALIDITY:
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The invalidity in whole or in part of any provision of this Agreement shall not void or affect the
validity of the other provisions of this Agreement.
49. ASSIGNABILITY:
CONTRACTOR may not assign or transfer any rights, interests or duties or obligations of
performance under this Agreement, whether by assignment or novation, without the prior written
consent of the CITY; provided, however, that claims for money due or to become due to the CITY
under this Agreement may be assigned to a bank, trust company or other financial institution, or to a
trustee in bankruptcy, without such approval. This section shall not prohibit the assignment, merger or
transfer of any rights or interests herein to any other wholly owned subsidiary of Waste Management,
Inc. Notice of any assignment, merger or transfer shall be furnished to the CITY in writing within
seven (7) calendar days of such assignment, merger or transfer.
50. GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
hereinabove written.
CITY OF SANTA ANA
ATTEST:
By:
PATRICIA A. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
JAMES G. ROSS
Executive Director, Public Works Agency
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DAVID N. REAM
City Manager
USA Waste of California, Inc.,
By:
Title:
EXHIBIT "A"
The Licensed Equipment
DESCRIPTION
Volvo FE42T, Class 7 Tractor
QUANTITY
23
Heil Rapid Rai132 Cubic Yard Trailer with 23
Automated Lifting Arm and Packer
Volvo WX64 Chassis
2
Heil Half-Pak Front Loading Body 2
Residential Wheeled Carts Per the Attached 120,000
Specifications
25A-43
SPECIFICATIONS
Solid Waste collection and Recycling plastic carts ("carts") for curbside service, City of Santa Ana,
California
Description
Size A: 35 gallon
Depth: 23.75 inches maximum (including handles)
Width: 19 inches maximum
Height: 35 inches maximum (to body rim)
Size B: 64 gallon
Depth: 27 inches maximum (including handles)
Width: 24 inches maximum
Height: 39 inches maximum (to body rim)
Size C: 96 gallon
Depth: 34.5 inches maximum (including handles)
Width: 26 inches maximum
Height: 43 inches maximum (to body rim)
All three sizes must be available in green, grey and burgundy.
Technical Requirements
1. Body: Carts shall be injection molded of virgin high density polyethylene plastic. The body
of the cart shall be molded to present a smooth interior and exterior surface. The body of the
carts shall have a minimum wear strip under the floor of %2 inch (protecting the floor from
abrasive contact with the street surface).
2. Material: Recyclable polyethylene, U.L. approved with a rating of HB or better.
Average Wall Thickness: Size A: Not less than .140 inch
Size B: Not less than .160 inch
Size C: Not less than .165 inch
Carts shall be suitable for use in temperature of >120° F to -20°F. All plastic and
component parts used in the construction of the carts shall be recyclable into other
polyethylene products. Crosslink resin is not acceptable. All carts shall be manufactured
with a minimum of 20% post consumer recycle content.
Carts shall be manufactured with a UV stabilizer. The UV stabilizer shall be added in the
solution during the polymerization, prior to pelletizing, compounding and molding.
Independent laboratory tests of the carts bid must accompany bid samples certifying
compliance as specified in part 2 of the detailed specifications.
2 5A-44
3. Wheels: Two (2) wheels with self-lubricating bearings with a minimum load rating of 120
lbs. per wheel. Wheels shall be attached to the axle via a tamper resistant snap-on method
which contains no metal components. No cotter pins, "Pal nuts" or similar restraining
devices shall be utilized to attach the wheel. All wheels shall be 1.75 inches wide. Wheels
shall be easily removed for replacement with anon-commercially available tool.
Wheel Sizes: Size A: 8 inches
Size B: 10 inches
Size C: 12 inches
4. Axles: Axles shall be solid steel and electro-plated with black zinc for durability and long
life. Carts should be designed in such a way as to prevent the axle from popping out. An
axle, which is only press fitted and not secured in some additional manner will not be
acceptable.
Axle Sizes: Size A: 5/8 inch
Size B: 6/8 inch
Size C: 7/8 inch
5. Lids: Lids shall be molded of the same material as the cart body and shall be permanently
attached to the cart body with plastic hinge(s). Metal fasteners are not acceptable. Lids
shall be watertight and slightly domed to facilitate run-off of rainwater. The lid shall be
designed to fold over parallel to the back side of the cart when fully opened. Lids shall be
factory assembled.
6. Locking Bar: The semi-automated lifting area shall be integrally molded with the body of
the cart. The locking bar shall be able to rotate a full three-hundred sixty (360) degrees and
shall be constructed of zinc-coated steel to prevent rust and corrosion. Plastic locking bars
are unacceptable.
7. Certification by a certified independent laboratory shall be required of the following
minimum standards and quality assurance measurements:
7.1 Drop Impact Test -material and weight shall be cold soaked at a temperature of not
less than -20 F for 24 hours and dropped within 60 seconds of leaving the cold
chamber. Carts shall remain watertight after a minimum drop height of 15 feet.
Test loads are as follows:
Size A: 1201bs. distributed
Size B: 1601bs. distributed
Size C: 1801bs. distributed
25A-45
7.2 Lift and Dump Test - shall verify the cart's compatibility with approved,
commercially available, standard dumping equipment. Test shall be performed at
room temperature with a cycle time that simulates lift, dump and return of 6
seconds. Carts shall remain watertight and functional beyond 6,000 cycles. Test
loads are as follows:
Size A: 1601bs. distributed
Size B: 2501bs. distributed
Size C: 350 lbs. distributed
7.3 WheeUAxle Test -shall verify the combined durability of the wheels, axle and cart
axle supports under fully loaded conditions. The two cycle tests shall be performed
at room temperature as follows:
Cycle 1 - with a rolling length of 75 feet and a 5" curb drop. Cart shall continue to
roll freely and be watertight after 1,000 drops.
Cycle 2 -repeated with a 5.5" stair drop. Cart shall continue to roll freely and be
watertight after 1,000 drops.
Test loads shall be as follows:
Size A: 125 lbs. distributed
Size B: 200 lbs. distributed
Size C: 3501bs. distributed
7.4 Salt Spray - ASTM B 117-90 corrosion tests shall be applied to the lift bracket for a
minimum of 96 hours and to the axle for a minimum of 500 hours. Bracket and axle
shall remain corrosion free.
8. Serial Number/Manufacture Date: Each cart shall be hot stamped with a seven digit, 1-%2"
high alphanumeric identification number on the front of the cart. An in-molded year/month
date wheel identification will be located on the bottom of the cart.
9. Markings: Each cart lid shall be clearly and permanently marked with the cart's size or
volume capacity.
9.1 Precautionary instructions shall be molded into the lids in English and Spanish as
follows:
Size A: Cart Capacity 35 Gallons
Do not overload or you may have difficulty controlling the cart.
Do not roll cart with lid open.
Do not put sand, soil, rocks or concrete in cart.
Maximum load 125 pounds.
Do not put anything hot such as ashes in the cart.
25A-46
Do not put paints, solvents, gasoline, oil, etc. in cart.
Size B: Cart Capacity 64 Gallons.
Do not overload or you may have difficulty controlling the cart.
Do not roll cart with lid open.
Do not put sand, soil, rocks or concrete in cart.
Maximum load 200 pounds.
Do not put anything hot such as ashes in the cart.
Do not put paints, solvents, gasoline, oil, etc. in cart.
Size C: Cart Capacity 96 Gallons.
Do not overload or you may have difficulty controlling the cart.
Do not roll cart with lid open.
Do not put sand, soil, rocks or concrete in cart.
Maximum load 250 pounds.
Do not put anything hot such as ashes in the cart.
Do not put paints, solvents, gasoline, oil, etc. in cart.
9.2 The hot stamp text area size shall be as follows:
Size A: 2%2" x 14"
Size B: 3%2" x 18"
Size C: 4%2" x 19"
10. References: Each bid shall include references of communities which have purchased like
sizes and quantities of carts. For each reference, carts shall currently be in service for a
minimum of 2 years.
11. Warranty: Each cart must be covered by a minimum 10 year warranty against materials and
manufacturing defects. The first five years (1 through 5) shall be with full warranty; years 6
through 10 shall be prorated.
25A-47
EXHIBIT "C"
Rates
Effective July 1, 2005
1.
2.
CURBSIDE SERVICE
Subject to the provisions of this Agreement, the City shall collect the rate of $14.93 on
behalf of the Contractor for curbside service. This rate represents the CONTRACTOR'S
rate of $12.14, the City's administrative cost of $2.48, and the NPDES cost of $.31 per
curbside service unit. The City shall collect the rate of $13.18 on behalf of the
CONTRACTOR for all qualifying senior citizen and mobile park curbside service units.
This rate represents the CONTRACTOR'S rate of $12.14, the City's administrative cost of
$0.73, and the NPDES cost of $.31 per curbside service unit. The City shall be permitted to
retain its administrative and NPDES costs. Rates for each additional solid waste collection
and recycling plastic cart shall be no greater than $2.00 per month.
RESIDENTIAL BIN SERVICE RATES
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than
the following rates for Residential Bin Service:
Monthly Rate
1 YARD BIN X 1/WEEK $73.04
1 YARD BIN X 2/WEEK $131.11
1 YARD BIN X 3/WEEK $189.15
1 YARD BIN X 4/WEEK $247.25
1 YARD BIN X 5/WEEK $305.26
1 YARD BIN X 6/WEEK $378.34
2 YARD BIN X 1/WEEK $78.70
2 YARD BIN X 2/WEEK $142.44
2 YARD BIN X 3/WEEK $206.17
2 YARD BIN X 4/WEEK $269.89
2 YARD BIN X 5/WEEK $333.63
2 YARD BIN X 6/WEEK $397.34
3 YARD BIN X 1/WEEK $114.30
3 YARD BIN X 2/WEEK $198.69
3 YARD BIN X 3/WEEK $283.00
3 YARD BIN X 4/WEEK $367.45
3 YARD BIN X 5/WEEK $451.81
3 YARD BIN X 6/WEEK $573.62
4 YARD BIN X 1/WEEK $134.95
4 YARD BIN X 2/WEEK $232.49
4 YARD BIN X 3/WEEK $330.01
4 YARD BIN X 4/WEEK $427.57
25A-48
4 YARD BIN X 5/WEEK
4 YARD BIN X 6/WEEK
$525.06
$674.94
CONTRACTOR may offer a discount in the Residential Bin rates to a Residential Bin
Service Customer if said Customer regularly segregates Recyclable Solid Waste and/or
Yard Waste by Waste Type in separate bins.
3
COMMERCIAL/INDUSTRIAL BIN
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than
the following rates for CommerciaUlndustrial Bin Service:
Monthly Rate
1 YARD BIN X 1/WEEK $58.33
1 YARD BIN X 2/WEEK $101.64
1 YARD BIN X 3/WEEK $145.01
1 YARD BIN X 4/WEEK $188.42
1 YARD BIN X 5/WEEK $231.74
1 YARD BIN X 6/WEEK $290.05
2 YARD BIN X 1/WEEK $64.23
2 YARD BIN X 2/WEEK $113.55
2 YARD BIN X 3/WEEK $162.82
2 YARD BIN X 4/WEEK $212.07
2 YARD BIN X 5/WEEK $261.36
2 YARD BIN X 6/WEEK $333.06
3 YARD BIN X 1/WEEK $92.62
3 YARD BIN X 2/WEEK $170.32
3 YARD BIN X 3/WEEK $247.96
3 YARD BIN X 4/WEEK $325.61
3 YARD BIN X 5/WEEK $403.25
3 YARD BIN X 6/WEEK $518.29
4 YARD BIN X 1/WEEK $121.04
4 YARD BIN X 2/WEEK $219.55
4 YARD BIN X 3/WEEK $318.11
4 YARD BIN X 4/WEEK $416.71
4 YARD BIN X 5/WEEK $515.26
4 YARD BIN X 6/WEEK $666.18
CONTRACTOR may offer a discount in the commerciaUindustrial bin rates to a
CommerciaUIndustrial Bin Service Customer if said Customer regularly segregates
Recyclable Solid Waste and/or Yard Waste by Waste Type in separate bins.
25A-49
4.
5.
ROLL-OFF SERVICE RATES
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than
the following rates for Roll-Off Services:
Container Size Haul Rate
10 Cubic yard $179.00
20 Cubic yard $179.00
40 Cubic yard $179.00
Additional Fee for Compactor
$37.29
$37.29
$37.29
In addition to the Roll-Off Service rates set forth above, CONTRACTOR may charge the
Roll-Off Service Customer for the actual Gate Fees paid at the Disposal Site or fees charged
at the Materials Recovery Facility.
SPECIAL BIN SERVICE RATES
Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than
the following rates for Special Bin Services:
(A) A bin which needs to be moved in excess of twenty-five (25) feet in order to be
emptied maybe assessed no more than the following fees:
(1) Moving of bins 25 to 50 feet: $1.00 per month times the number of times
emptied each week.
(2) Moving of bins 51 to 75 feet: $2.00 per month times the number of times
emptied each week.
(B) A bin which possesses casters may be assessed a caster charge of no more than
$2.50 per bin per month.
(C) CONTRACTOR may apply a surcharge to bin Customers who use trash compactors
of not to exceed a multiplier of 1.5 times the normal bin rate for said service.
(D) CONTRACTOR may charge a special service charge of no more than $2.00 a
month times the number of times a week a bin is emptied for moving a bin out of an
enclosure.
(E) CONTRACTOR may charge a fee of no more than $54.83 per bin for an additional
bin pickup when such pickup is requested by a Customer.
(F) CONTRACTOR may charge a fee of no more than $2.00 per month to a Customer
who requests a bin with a lock.
25A-50
(G) CONTRACTOR may charge a reasonable fee for six (6) cubic yard Bin Service.
(H) CONTRACTOR may charge a reasonable fee for a plastic injection molded two (2)
cubic yard container.
(n CONTRACTOR may charge a fee of no more than $61.82 per bin to persons who
need temporary use of a three (3) cubic yard bin.
(J) CONTRACTOR may charge a reasonable fee for collection of Solid Waste on
difficult to service streets.
(K) CONTRACTOR may charge a fee of no more than $30.00 per occurrence for
overflowing bins.
6. EMERGENCY SERVICES
(A) The rate per vehicle hour with a two (2) person crew providing emergency Roll-Off
Service on an on-call basis shall be no more than sixty dollars ($60.00) for the term
of this Agreement.
(B) The rate per vehicle hour with a two (2) person crew providing emergency Bin
Services on an on-call basis shall be no more than sixty five dollars ($65.00) for the
term of this Agreement.
25A-51
WASTE MANAGEMENT HOLDINGS INC. (WMH) GUARANTEE
Name of Underlying Contract: Third Amended and Restated Agreement for Collection and
Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana
Date of Underlying Contract: June 19,1997
Beneficiary: CITY OF SANTA ANA, a municipal corporation of the State of California
Address: 20 Civic Center Plaza, Santa Ana, CA 92701
WMH Contracting Company: USA Waste of California, Inc., a Delaware corporation
TO THE BENEFICIARY IDENTIFIED ABOVE:
With respect to that certain underlying contract identified above (hereinafter the
"Agreement") dated as of the above specified date by and between the WMH Contracting Company
identified above (the "Contractor") and the beneficiary identified above (the "Beneficiary"), and
subject to the terms of this letter agreement (the "Guarantee"), Waste Management Holdings Inc., a
Delaware corporation (hereinafter "WMH"), hereby irrevocably and unconditionally guarantees to
the Beneficiary the performance of all obligations and the due and punctual payment of all amounts
payable by the Contractor to the Beneficiary under the Agreement when the same shall become due
and payable in accordance with the terms of the Agreement. Upon failure of the Contractor
punctually to perform or pay any such amounts, and upon written demand by the Beneficiary to
WMH at its address set forth below (or to such other address or person as WMH may specify in
writing), WMH agrees to perform or cause to be performed and to pay or cause to be paid such
amounts.
Notwithstanding the foregoing, WMH's obligations hereunder as to any claim, suit,
proceeding, event or other matter in respect of which the Beneficiary at any time shall be seeking
payment hereunder (referred to herein as "Guarantee Events") shall be subject to the preconditions
that (i) the Beneficiary shall have given written notice of such Guarantee Event to the Contractor
promptly after learning thereof, (ii) in the case of any failure by the Contractor to perform any
obligation under the Agreement, shall have afforded WMH a reasonable opportunity to cure such
failure, and (iii) there shall not have occurred and be continuing any material breach by the
Beneficiary of its obligations under the Agreement.
WMH hereby agrees that, except as expressly provided herein, its obligations hereunder
will be unconditional and will not be discharged except by complete payment or other lawful
discharge (other than by operation of Bankruptcy law) of the amounts due under the Agreement,
irrespective of any claim as to the lack of authority of the Contractor to execute or deliver the
Agreement, the absence of any action to enforce the Agreement, the failure to obtain any judgment
against the Contractor, the failure to commence any action to enforce a judgment against the
Contractor under the Agreement or any similar circumstance which might otherwise constitute a
legal or equitable discharge or defense of a guarantor generally.
25A-52
Except as set forth above, WMH hereby waives diligence, presentment, demand on the
Contractor for payment, filing of claims, requirement of a prior proceeding against the Contractor
and protest or notice, except as provided for in the Agreement with respect to amounts payable by
the Contractor. If at any time payment under the Agreement is rescinded or must be otherwise
restored or returned by the Beneficiary upon the insolvency, bankruptcy, or reorganization of the
Contractor or WMH or otherwise, W1VIH's obligations hereunder with respect to such payment shall
be reinstated upon such restoration or return being made by the Beneficiary.
WMH represents the Beneficiary as of the date hereof that:
(1) it is duly organized and validly existing under the laws of the jurisdiction of its
incorporation and has full corporate power and legal right to execute and deliver this Guarantee and
to perform the provisions of this Guarantee on its part to be performed;
(2) its execution, delivery, and performance of this Guarantee have been and remain
duly authorized by all necessary corporate action and do not contravene any provision of its
certificate of incorporation or by-laws or any law, regulation, or contractual restriction binding on it
or its assets; and
(3) this Guarantee is its legal, valid and binding obligation enforceable against it in
accordance with its terms except as enforcement hereof may be limited by applicable bankruptcy,
insolvency, reorganization, or other similar laws affecting the enforcement of creditors' rights or by
general equity principles.
By accepting this Guarantee and entering into the Agreement, the Beneficiary agrees that
WMH shall be subrogated to rights of the Beneficiary against the Contractor in respect of any
amounts paid by WMHA pursuant to the Guarantee.
WNII-I acknowledges that the Contractor is a direct or indirect subsidiary of WMH and that
WMH will receive substantial benefit from the performance of the Agreement.
Neither this Guarantee nor the Agreement may be amended without the advance written
consent of WMH and the Beneficiary. No amendment shall be effective unless set forth in a
written instrument so executed.
If WMH shall default in the performance of its obligations hereunder, WMH shall pay to
the Beneficiary all costs incurred by the Beneficiary in enforcing its rights hereunder against WMH,
including reasonable attorney fees and court costs.
Any notice or other communication required or permitted by the terms hereof shall be in
writing and shall be given in a commercially reasonable manner to WMH at 1001 Fannin, 40th
Floor, Houston TX 77002, Attention: General Counsel, or to such other address as WMH shall
specify in writing to the Beneficiary at its above-specified address or such other address as the
Beneficiary shall notify to WMH as provided herein.
25A-53
This Guarantee shall be governed by and construed in accordance with the internal laws of
the State of Illinois applicable to contracts made to be performed therein.
The Beneficiary's receipt and acceptance of this Guarantee shall constitute the Beneficiary's
acceptance of and agreement to each and every term hereof.
WASTE MANAGEMENT HOLDINGS, INC. RECEIVED AND ACCEPTED:
(Beneficiary)
By: By:
Its: Its:
25A-54
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
AGREEMENT AMENDMENT WITH THE
ORANGE COUNTY CHILDREN'S
THERAPEUTIC ARTS CENTER
~L~
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15~ Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an agreement amendment with Orange County
Children's Therapeutic Arts Center to provide arts and music classes, in
an amount not to exceed $10,000.
DISCUSSION
The Orange County Children's Therapeutic Arts Center (OCCTAC) agreed to
establish a partnership with the Parks, Recreation, and Community Services
Agency to provide arts and music classes for the public. The OCCTAC will
offer courses in electric guitar, flute, drawing, and singing at their
facility and at the Santa Ana Lawn Bowling Clubhouse. Fees are charged
for these classes and OCCTAC will receive 70 percent of the revenues, with
the City retaining the remaining 30 percent.
OCCTAC currently has a $12,000 agreement with the Community Development
Agency for Community Development Block Grant Funds. In addition, OCCTAC
has a $17,826 agreement with Community Development Agency to provide
literacy and basic skills through technology and the arts services. The
cost of the additional services will be approximately $10,000, bringing
the total contract amount to $39,826.
25B-1
CLERK OF COUNCIL USE ONLY:
Agreement Amendment with Orange County
Children's Therapeutic Arts Center
February 21, 2006
Page 2
FISCAL IMPACT
Funds for this amendment are available in the Recreation Other Contract
Services account (account no. 11-275-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
Gerardo Mouet Francisco Gutierrez ~~
Executive Director Executive Director
Parks, Recreation, and Finance and Management Agency
Community Services Agency
25B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
~~
Qdocation l~r
CLERK OF COUNCIL USE ONLY:
AMENDMENT TO EXTEND LICENSE
AGREEMENT WITH SOUTHERN
CALIFORNIA EDISON COMPANY FOR
THE MACARTHUR BOULEVARD TRAIL
~c~
CI Y MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15f Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to amendment the license agreement with the Southern
California Edison Company for an additional five-year term for oversight of
the bike trail and pedestrian access located along MacArthur Boulevard and
the Santa Ana River in an annual amount not to exceed $370.
DISCUSSION
The City of Santa Ana entered into a five-year license agreement with.the
Southern California Edison Company in 1996 allowing the City oversight of
the bike trail and pedestrian access along MacArthur Boulevard and the
Santa Ana River. Per the terms of the original agreement, the City's
Parks Recreation and Community Services Agency is responsible for
maintaining the trail. A first amendment was approved in 2001 extending
the agreement through December 31, 2005. Staff recommends extending the
license agreement for an additional five-year term, which would expire on
December 31, 2010. The annual fee for the license agreement is $370.
FISCAL IMPACT
Funds are available in the Park Services Other Agency Services account
(account no. 11-250-6251).
"yGZ~t~'
Gerardo Mouet
Executive Director
Parks, Recreation and Community
Services Agency
APPROVED AS TO FUNDS AND ACOUNTS:
.. ~ ,. - - - ~1 ~\V
Francisco Gutierrez
Executive Director
Finance and Mgmt. Svcs. gency
25C-1
25C-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 20, 2006
TITLE:
AMEND AGREEMENT WITH THE
PHOENIX GROUP TO PROVIDE
AUTOMATED PARKING CITATION
SYSTEM
,c~~ ~'.~,.~.----
CITY MANAGER
RECOMMENDED ACTION
?St
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize
Clerk of the Council to amend the agreement wi
provide an Automated Parking Citation System and
an additional amount of $25,000 for the previous
extend the term by additional one-year term in an
exceed $145,000.
DISCUSSION
the City Manager and the
th the Phoenix Group to
increase compensation by
agreement term, and also
additional amount not to
On February 5, 2004, Council authorized the Police Department to execute an
agreement with the Phoenix Group to provide an Automated Parking Citation
System for issuing and processing parking citations and the collection of
parking penalties. The automated parking citation system streamlines and
expedites the issuance and processing of parking citations. Phoenix Group
also handles all refunds related to parking penalties.
Due to a higher than anticipated volume of citations issued by the Police
Department and processed by Phoenix Group during January through December
2005, the compensation amount needs to be increased by $25,000. Staff's
evaluation has determined that the Phoenix Group has performed well and
recommends renewing the agreement for another one-year term, in an amount
not to exceed $145,000.
25D-1
Renewal Agreement for Automated
Parking Citation System
February 20, 2006
Page 2
FISCAL IMPACT
Funds for the additional compensation for the first year term and the first
six months of the renewal are available in the Police Department Traffic
Division Other Contractual Services Account (account no. 011-333-6291),
Public Works - Roadway Cleaning Other Contractual Services Account (account
no. 068-633-6291), and CDA - Parking Meter Fund Other Contractual Services
Account (account no. 027-013-6291). Funds for the last six months of the
agreement will be included in the FY 06-07 budget.
APPROVED AS TO FUNDS AND ACCOUNTS:
~~_
Paul M. W ers
Chief of Police
Police Department
.. ~`~~ ~,
Francisco Gutierrez ~~,~~
Executive Director
Finance & Mgmt. Services Agency
Ja es- Ross
E ecutive Director
ublic Works Agency
-~ ~ >.
~~1~~ C.
Patricia Whitaker
Executive Director
Community Development Agency
25D-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
LICENSE AGREEMENT
WITH NATIONAL RAILROAD
PASSENGER CORPORATION -
THE DEPOT AT SANTA ANA
CLERK OF COUNCIL USE ONLY:
~~
~avcation js~
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
(/ G`"-
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute a License Agreement with National
Railroad Passenger Corporation, Inc. (AMTRAK) for passenger train
transportation service at The Depot at Santa Ana.
DISCUSSION
In 1985, AMTRAK and The City of Santa Ana entered into an agreement for
ticket/office space at The Depot at Santa Ana. In order to continue this
relationship, AMTRAK has requested a new 20-year license agreement that
would include 3 five-year options to extend with the same terms and
conditions upon agreement of both parties.
The license agreement would be for Suite 102 for ticket sales and
includes related passenger boarding and baggage uses. The total
ticket/office space leased by AMTRAK will be 2,135 square feet. The
starting monthly compensation rate for the license agreement will be
twenty six hundred dollars ($2,600) a month with automatic annual
adjustments payable every other year of the license term.
The continued license agreement with AMTRAK at The Depot will result in
revenues of at least $31,200 annually and will ensure continued AMTRAK
train services at The Depot at Santa Ana.
25E-1
License Agreement with AMTRAK -
The Depot at Santa Ana
February 21, 2006
Page 2
FISCAL IMPACT
The City will receive $31,200 annually. Funds received will be deposited
into The Depot at Santa Ana revenue account for National Railroad
Passenger Corporation's (account no. 067-01-5492).
Pat icia C. itaker
Executive Director
Community Development Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
~ ~~
Francisco Gutierrez ~kf®
Executive Director
Finance & Management Services Agency
PCW/CKF/mlr
H:\ACTIONS\2006 CC\LicAgreeNationalRRPassengerCorp AMTRAK 2-21-06.doc
25E-2
REQUEST FOR ~~
COUNCIL ACTION -
~dUCation Ist
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
FEBRUARY 21, 2006
TITLE: APPROVED
LEASE AGREEMENT WITH ^ As Recommended
GREYHOUND LINES , INC . ^ As Amended
^ Ordinance on 1s1 Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to execute a Lease Agreement with Greyhound Lines,
Inc. for bus bays and office space at The Depot at Santa Ana.
DISCUSSION
In 1985, Greyhound Lines, Inc. and The City of Santa Ana entered into an
agreement for bus bays and office space at The Depot at Santa Ana. In
order to continue this relationship, Greyhound Lines, Inc. has requested a
new 5-year lease agreement with options to extend at the sole discretion
of the City.
The lease agreement would be for Suite 105 plus bus bays 4, 5, and 6. The
total office space leased by Greyhound Lines, Inc. will be 1,180 square
feet. The starting monthly compensation rate for the lease agreement will
be sixty-four hundred dollars ($6,400) a month with automatic annual
adjustments, which will be due and payable the second and fourth years.
The continued lease agreement with Greyhound Lines, Inc. at The Depot will
result in revenues of at least $76,800 annually and will ensure continued
Greyhound Lines, Inc. bus services at The Depot at Santa Ana.
25F-1
Lease Agreement with Greyhound
Lines, Inc.
February 21, 2006
Page 2
FISCAL IMPACT
The City will receive $76,800 annually. Funds received will be deposited
into The Depot at Santa Ana revenue account for Greyhound Lines, Inc.
(account no. 067-O1-5494).
APPROVED AS TO FUNDS AND ACCOUNTS:
Patricia C. Whitaker Francisco Gutierrez ~~
Executive Director ~ Executive Director
Community Development Agency Finance & Management Services Agency
PCW/CKF/mlr
H:\ACTIONS\2006 CC\LeaseAgreeGreyhound-CruceroUSALLC 2-21-06.doc
25F-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
AGREEMENT FOR JOB APPLICANT
TRACKING SYSTEM
~du~~.o~ ;S~
~-- .
~ „~ i ___
L~
CITY MANAGER
RECOMMENDED ACTION
Direct the City Attorney to prepar
Clerk of the Council to execute a
the purchase and installation of
System in the Personnel Services
$25,000.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15f Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
e and authorize the City Manager and the
n agreement with Sigma Data Systems for
a new Applicant Management Tracking
Department in an amount not to exceed
The Personnel Services Department has been using a DOS-based job applicant
tracking system since 1986 to support routine applicant tracking,
processing, and notification operations involved in recruiting, screening,
examining, statistical analysis and certification of applicants for City
employment. The system has been instrumental in allowing the Personnel
Services Department to efficiently conduct over 300 examinations and carry
out more than 100 recruitments per year. Over the years, however, the
application has not been able to utilize many of the applicant tracking
enhancements developed by the software vendor, Sigma Data Systems, because
the enhancements are Windows-based; in fact the vendor will no longer
support the DOS-based version after June 30, 2006. Additionally, and for
the same reason, the current application cannot interact with or integrate
information from other systems, resulting in duplication of effort and
increased likelihood of errors in applicant tracking and information
processing.
As a result, the Personnel Services Department proposes to upgrade its
current DOS-based system with a new Windows-based applicant tracking
system. Sigma Data Systems is the sole source for this product and
support services: it is the industry leader in providing public sector
software that 'enables valid, reliable, and defensible personnel selection
practices. The Personnel Services Departments has been well served by the
25G-1
Agreement for Job Applicant
Tracking System
February 21, 2006
Page 2
earlier version for the last two decades and anticipates significantly
enhanced system performance with the upgrade.
FISCAL IMPACT
Funds are appropriated in the Personnel Services Account (account no. 011-
141-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
Enrique. J. Aiwa, Francisco Gutierrez
Execut~ve Di~e~or Executive Director
Personnel Services Finance & Management Services Agency
25G-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
AMENDMENT TO AGREEMENT
A-2005-045 WITH ACCO
ENGINEERED SYSTEMS
IN ' "' ~j
~ducauon lsr
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15' Reading
^ Ordinance on 2"~ Reading
^ Implementing Resolution
^ Set Public Hearing For_
`^~
;.
~" 1 ~~ ~..
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to amend agreement A-2005-045 with ACCO Engineered
Systems in an amount not to exceed $44,705.
DISCUSSION
In April 2004, the City of Santa Ana entered into an agreement with ACCO
Engineered Systems Company for a one year period with an option for two
one year renewals. ACCO provides preventive maintenance, repairs and
installation of air conditioning and heating systems at the Police
Administration and Holding Facilities, City Hall, the annex, Libraries,
Senior Centers, and Corporation Yard.
Recently, a chiller motor at the Police Facility failed. The chiller is
one of three chillers used for supplying air conditioning to the Police
Administration and Holding Facility. Immediate repair was necessary to
ensure proper ventilation for staff and detainees. In addition, the Police
Department has requested a separate air conditioning unit be installed for
the jail control room due to the extensive hardware currently in use.
Installation would provide separate and better climate control for the
jail control room.
FISCAL IMPACT
Funds are available in the Police Building and Building Maintenance and
Facilities Other Contractual Services accounts (11-350-6291) and (73-105-
6291) .
APPROVED AS TO FUNDS AND ACCOUNTS:
", ,k~, ~.,..
t~__
Paul M. Walters
Chief of Police
Francisco Gutierrez
Executive Director
2 5 H ~1 Finance & Mgmt. Services Agency
25H-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
~~~
"' ~
~d~ycation ls[
CLERK OF COUNCIL USE ONLY:
CONTRACT AMENDMENT TO CONRAD
& ASSOCIATES FOR
COMPREHENSIVE FINANCIAL AUDIT
SERVICES
/ /' ~ J%~
l~
C TY ANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2~d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare, and authorize the City Manager and
Clerk of the Council to execute an amendment with Conrad & Associates,
LLP to perform on-line attestation of Financial Data Schedules (FDS) for
the Santa Ana Housing Authority in a total amount not to exceed $3,000.
DISCUSSION
The Department of Housing and Urban Development (HUD) provides guidelines
on reporting and attestation requirements, Uniform Financial Reporting
Standards (UFRS), for Public Housing Authorities. According to the
submission requirements in the UFRS, the Authority is required to submit
an unaudited Financial Data Schedule (FDS) by August 31 of each year and
audited submission within nine months of fiscal year end. The audited
submission is required to include several attachments from the City's
Basic Financial Statements and Single Audit Report for each fiscal year
beginning in 2002.
Since the current audit provider for the City, Conrad and Associates,
LLP, is completing its overall audit services for the City, the City's
Housing Authority requested that the auditor services include the audit
and FDS submission requirements required by HUD. In order to ensure
compliance, staff recommends expanding the scope of services.
FISCAL IMPACT
Funds for these services are available in the Accounting Division budget
(account no. 11-171-6191).
~~~~~~1~`le~~d ^~
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
251-1
251-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
AMENDMENT TO AGREEMENT
A-2005-154 WITH THYSSEN
ELEVATOR COMPANY
~~~~
~ducauon ~St
CLERK OF COUNCIL USE ONLY:
fr. ~ r ~~
~~~z ~ ~E:-t--.__-._...
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15' Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to amend agreement A-2005-154 with Thyssen Elevator
Company in an amount not to exceed $13,429.
DISCUSSION
In August 2001, the City of Santa Ana entered into an agreement with the
Thyssen Elevator Company for a one year period with the option for four
additional renewals. Thyssen Elevator Company provides preventive
maintenance of the elevators located at City Hall, Corporate Yard, Main
Library, and the Ross Annex. Repair work is often done on an on-call basis
and has been determined to be more cost-effective than through a
comprehensive agreement. Overall, elevator maintenance has improved and
response time for elevator repairs has decreased. The recommended action
will provide funds to provide maintenance and emergency repairs for the
balance of the fiscal year.
FISCAL IMPACT
Funds are available in the Police Building
Contractual Services account (73-105-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
25J-1
and Facilities Other
25J-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
AMENDMENT TO AGREEMENT
N-2005-129 WITH BASILIO
AND ASSOCIATES, INC.
(~'
~~
~d~catwn 1sr
CLERK OF COUNCIL USE ONLY:
f\///,
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15' Reading
^ Ordinance on 2"`' Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to amend agreement N-2005-129 with Basilio
Associates, Inc in an amount not to exceed $ 25,200.
DISCUSSION
In September 2005, the City of Santa Ana entered into an agreement with
the Basilio Associates, Inc for facility design services necessary for
ongoing improvements to City of Santa Ana facilities. Recently staff
conducted a review of fire protection strategies for the lobby area
between the Ross Annex and City Hall proper. Staff determined, to ensure
safety of staff and patrons, that an automated fire door be constructed at
the base of the lobby stairs.
The door would be integrated with the new fire control system and comply
with all current code and fire requirements. The recommended action would
provide for the preparation of all engineering documentation and
architectural drawings. Basilio and Associates, Inc. has provided
satisfactory service to the City.
FISCAL IMPACT
Funds are available in the Building Maintenance account (73-105-6291).
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
25K-1
25K-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
AMENDMENT TO AGREEMENT
A-2004-239 WITH PACIFIC
SYSTEMS ELECTRIC
~~~i
~~~
Education ~St
CLERK OF COUNCIL USE ONLY:
I'
J
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S1 Reading
^ Ordinance on 2~`' Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to amend agreement A-2004-239 with Pacific Systems
Electric in an amount not to exceed $50,803.
DISCUSSION
State law requires that secondary containment testing be conducted every
three years. In addition, AQMD requires routine annual inspections and
repairs of the underground tanks. In November 2004, the City of Santa Ana
entered into an agreement with the Pacific Systems Electric for a one year
period with an option for an additional two one year extensions. The
agreement provides for the inspection and preventive maintenance of
underground storage fuel tanks at the Police Facility, Corporation Yard,
and at Fire Stations one, four and five.
Inspections resulting from
recovery of the underground
repairs are needed. The
underground tanks remain in
FISCAL IMPACT
mandatory secondary testing and enhanced vapor
fuel storage tanks determined that additional
recommended action will ensure that the
compliance.
Funds are available in the Police Building and Facilities Other
Contractual Services account (11-350-6291), Fire Department Building and
Facilities Other Contractual Services (11-327-6291) and Building
Maintenance Building and Other Contractual Services (73-105-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
f ~(~.Francisco Gutierrez
~Vh Executive Director
Finance & Mgmt. Services Agency
25L-1
25L-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
~~' ' °~
~'"- ''
~aUCatlon Ist
TITLE:
EXTENSION OF ENTITLEMENTS FOR
CONDITIONAL USE PERMIT NO. 2002-31
AND CONDITIONAL USE PERMIT NO.
2002-32 TO ALLOW THE CONSTRUCTION
OF A GAS STATION AND CONVENIENCE
STORE AT 3801 SOUTH BRISTOL STREET
- CHEVRON PRODUCTS COMPANY,
APPLICANT
.~
1
l
tGt. c c
ITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15' Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Adopt a resolution approving a one-year extension of Conditional Use
Permit No. 2002-31.
2. Adopt a resolution approving a one-year extension of Conditional Use
Permit No. 2002-32.
DISCUSSION
On February 18, 2003, the City Council received and filed the staff report
approving Conditional Use Permit No. 2002-31 to allow the construction of
a gas station and convenience store, and Conditional Use Permit No. 2002-
32 to allow the after hours operation (between 12:00 midnight and 5:00
a.m.) of the facility located at 3801 South Bristol Street. Chevron
Products Company, the owner of the property, has been unable to complete
the construction of the project due to a lawsuit that has prevented them
from proceeding with the project plans. Chevron is requesting a second
one-year extension of its entitlements, which are due to expire in
February 2006 (Exhibit 1).
Santa Ana Municipal Code Section 41-647 allows the City Council by
Resolution to approve up to a three-year extension of a conditional use
permit or variance from the time that it would normally become void. The
Planning Division recommends approval of the one-year extension of the
entitlements as the extension should be sufficient for the project's
completion. The applicant may reapply for one more extension should the
legal proceedings continue to prevent them from beginning construction.
31 A-1
Extension of Entitlements for
Conditional Use Permit No. 2002-31 and
Conditional Use Permit No. 2002-32
February 21, 2006
Page 2
It is therefore recommended that the entitlements for the gas station and
convenience store with after-hours operation be extended for a period of
one year as requested by the applicant.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, Mitigated
Negative Declaration (Environmental Review No. 2002-270) has been
previously prepared for this project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ay M. Trevino
cutive Director
Planning & Building Agency
VF:rb
vf\reports\CUP02-31&CUP02-32extension.cc
31 A-2
L
~ GROUP Irrc.
John W. Johnson
Co-President
Architect
ARC H I T E C T U R E • E N G I N E E R I N G • E N V I R O N M E N T A L S E R V I C E S
2401 East Katella Avenue, Suite 400, Anaheim, CA 92806 Telephone: (714) 935-0050 Facsimile: (714) 935-0051
December l9, 2005
~~,~,
i;~ Cwv
' ~- ~~
G~ ~,~ ~ ~ ,n~5
. ;;, a ~, r
~ PLC , r`. J `lr`r'P
Brian F. Zita City of Santa Ana
Co-President Planning and Building Agency
20 Civic Center Plaza
Architect Santa Ana, Ca 92702
John B. Hicks Attn: Jay Trevino, Planning Manager
Vice President
RE: CUP- 2002-21/32 RHL JN: 0092.10
Regional Managers Chevron SS#09-1921
Jesse E. Macias 3801 South Bristol Street
Roy W. Pedro Santa Ana, CA
Alan K. Shimabukuro
Request for extension of approvals:
John W. Strobel
Chevron Products Company would like to request that the CUP-2002-21/32 granted on
January 27, 2003 for this project be extended for a period of one year. These approvals allow
a gas station and convenience store and permit after hour operation.
Chevron would like to be able to complete this project to rebuild this service station to a mare
modern facility. However during the process of preparing plans and obtaining permits to
rebuild this site, Chevron was caught up in a lawsuit that prevents them from making a capital
investment in this project until the suit is resolved. This lawsuit is unrelated to the CUP or
any other approval from the City of Santa Ana. At trial Chevron has received a summary
judgement in their favor, but the case was appealed and we are awaiting that outcome.
We had completed all of the necessary drawings for this reconstruction project and the
Building Department had approved plans on 10/] 6/03. No building permit was issued due to
the unfortunate delay of the lawsuit. We anticipate that once the legal obstacles are removed,
we will need to re-process the construction documents for building permits due to the time that
has passed.
At this time, we would like to request that the existing CUP approvals be extended for one
year, until January 2007. This additional time will allow the legal proceedings to be
completed and for us to re-process the construction documents for building permits. If you
Offices have any questions, please do not hesitate to contact me at (714) 935-0050
ANAHEIM, CA Sincerely,
BELLEVUE, WA RHL Design Group, Inc.
CAMAS, WA ~~ __
MARTINEZ, CA Tamara Fenner
PETALUMA, CA Entitlements Manager
ROSEVILLE, CA CC: Verny Carvajal, Project Planner
SCOTTSDALE, AZ EXHIBIT 1
31 ~ ~ t prn~ec~~U6`A09' 10vdocsvcup cclenslon 121m~5 doc
www.rhldesign.com
KO - 2/14/06
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA EXTENDING CONDITIONAL USE PERMIT
NO. 2002-31 AS CONDITIONED AND CONDITIONAL USE
PERMIT NO. 2002-32 AS CONDITIONED FOR ONE YEAR
FOR THE PROPERTY LOCATED AT 3801 SOUTH
BRISTOL STREET
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. February 18, 2003, the City Council received and filed the Planning
Commission resolution approving Conditional Use Permit No. 2002-31 to
allow the construction of a gas station and convenience store, and
Conditional Use Permit No. 2002-32 to allow after hours operation (between
12:00 midnight and 5:00 a.m.) of the facility located at 3801 South Bristol
Street.
B. On February 22, 2005 the City Council granted a one year extension of
Conditional Use Permit No. 2002-31 and Conditional Use Permit No.
2002-32.
C. The applicant has requested an additionally extension of Conditional Use
Permit No. 2002-31 and Conditional Use Permit No. 2002-32.
D. The extension request came before the City Council on February 22,
2005.
E. Santa Ana Municipal Code Section 41-647 authorizes the City Council to
extend the date which a conditional use permit and variance become void
for a period for not to exceed three (3) years.
F. In accordance with the California Environmental Quality Act, Mitigated
Negative Declaration (Environmental Review No. 2002-270 has been
previously prepared for this project.
Section 2. The City Council of the City of Santa Ana hereby, approves a one
(1) year extension of Conditional Use Permit No. 2002-31 as conditioned and
Conditional Use Permit No. 2003-32 as conditioned.
Resolution No. 2006-
Page 1 of 2
31 A-4
ADOPTED this
day of February, 2006.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2006- to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2006-
Page 2 of 2
31 A-5
31 A-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
~~' ' °~
~"r~ '' \
tiducation Isr
CLERK OF COUNCIL USE ONLY:
TITLE:
EMERGENCY ORDINANCE ADOPTING A
45 DAY MORATORIUM FOR THE
ESTABLISHMENT OF HOOKAH LOUNGES
ITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s1 Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve an emergency ordinance of the City of Santa Ana adopting a 45 day
temporary prohibition on the construction or establishment of any new
hookah lounge.
DISCUSSION
The City recently received an application to establish a hookah parlor
within an existing commercial retail center. A "hookah parlor," for the
purposes of this ordinance, shall mean any facility or location whose
business operation is denoted by the smoking of tobacco or other
substances through one or more pipes (commonly known as a hookah,
waterpipe, shisha or narghile) designed with a tube passing through an
urn of water that cools the smoke as it is drawn through it, including
but not limited to establishments known variously as hookah bars, hookah
lounges or hookah cafes.
Hookah parlors have been associated with a number of detrimental impacts
such as public loitering, public drinking and intoxication, and noise.
Provisions of the General Plan of the City and Chapter 41 of the Santa
Ana Municipal Code do not specifically identify hookah parlors as a land
use or designate zoning districts throughout the City where hookah
parlors may be permitted. As such, provisions of the General Plan and
the Santa Ana Municipal Code need review, study and possible revision in
order to respond to recent concerns relating to the impacts of hookah
parlors and the potential establishment of new hookah parlors in the
City.
Given these concerns, it is recommended that a study be undertaken of the
current provisions of the General Plan and Chapter 41 of the Code to
classify hookah parlors and determine whether such businesses should be
permitted in the City and if so, where, and under what conditions. The
proposed interim ordinance will prohibit the establishment of any hookah
parlor use for a 45-day time period.
50A-1
Hookah Lounge Moratorium
February 21, 2006
Page 2
During the 45-day interim ordinance period, a zoning study will be
performed which will assist in the preparation of a permanent ordinance
for this use. An update on further study of this issue and a public
hearing to consider a permanent ordinance will be scheduled for the April
3, 2006 City Council meeting.
FISCAL IMPACT
There is no fiscal impact associated with this action.
J Trevino
Executive Director
Planning & Building Agency
VC:rb
vc\reporte\hookah45.cc
50A-2
ORDINANCE NO. -
AN EMERGENCY ORDINANCE OF THE CITY OF
SANTA ANA ADOPTING A 45 DAY TEMPORARY
PROHIBITION ON THE CONSTRUCTION OR
ESTABLISHMENT OF ANY NEW HOOKAH PARLOR
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of Santa Ana hereby finds, determines and
declares as follows:
A. Provisions of the General Plan of the City and Chapter 41 of the Santa Ana
Municipal Code do not specifically identify hookah parlors as a land use or
designate zoning districts throughout the City where hookah parlors may be
permitted.
B. Because of its age, current provisions of the Santa Ana Municipal Code fail to
fully take into account the potential impacts associated with the establishment
of hookah parlors and fail to address the needs of the City and its residents
today and in the future. As such, provisions of the General Plan and the
Santa Ana Municipal Code ("the Code") need review, study and possible
revision in order to respond to recent concerns relating to the impacts of
hookah parlors and the potential establishment of new hookah parlors in the
City.
C. Given these concerns, the City Council has requested that a study be
undertaken of the current provisions of the General Plan and Chapter 41 of
the Code to classify hookah parlors and determine whether such businesses
should be permitted in the City and if so, where, and under what conditions.
D. Without adoption of this ordinance, properties in the City would quickly
receive entitlements to establish hookah parlors despite the fact that the city
council has determined that the Code is in need of updating and has directed
that a study be done to recommend new standards and revise the Code to
address concerns created by hookah parlors.
E. It has come to the City Council's attention that at least one individual has
approached city staff seeking entitlements to establish a hookah parlor.
F. The City is not, at this time, able to determine under what circumstances, if
any, hookah parlors should be established within the City for the following
reasons:
Ordinance No. NS -
Page 1 of 6
50A-3
In other cities, the operation of hookah parlors have led to complaints
of loud music, drinking in public and large crowds milling outside of the
site.
2. The Orange County Register reports (November 10, 2005) that in two
and one-half (2'/2) years the Anaheim Police Department has
responded to 413 incidents tied to hookah parlors.
3. This same news report further states that illegal weapons and
underage drinking were found by an Anaheim Police Department vice
operation directed at hookah parlors.
4. This news report further stated that some hookah parlors in Anaheim
had been the target of fire bombs and arson.
5. While there is a widespread belief that smoking from a hookah pipe is
safer than other types of tobacco smoking, the World Health
Organization ("WHO") reported in 2005 that "waterpipe smokers and
second-hand smokers [are] at risk for the same kinds of diseases as
are caused by cigarette smoking, including cancer, heart disease,
respiratory disease, and adverse effects during pregnancy."
6. The WHO investigatory panel also found that a "typical 1-hour long
waterpipe smoking session involves inhaling 100-200 times the volume
of smoke inhaled with a single cigarette," and that the smoke, even
after passing through water, "contains high levels of toxic compounds,
including high levels of carbon monoxide, metals and cancer-causing
chemicals."
7. The WHO investigatory panel also found that sharing a hookah's
mouthpiece poses a serious risk of transmission of communicable
diseases.
8. Finally, the WHO investigatory panel found that the common practice
of sweetening and flavoring hookah tobacco, giving it a sweet taste
and smell, may account for the increase of its use among young
people who otherwise avoid smoking.
9. While California Labor Code section 6404.5 generally bans indoor
smoking at restaurants and bars, it exempts smoking inside retail or
wholesale tobacco shops and private smokers' lounges. It is unclear
how substantial the sale of tobacco for offsite consumption must be to
qualify for this exemption. While the City is currently studying this
issue, the Public Health Institute's Technical Assistance Legal Center,
funded by the California Department of Health Services, recommends
that this exception should only be available to a business that derives
Ordinance No. NS -
Page 2 of 6
50A-4
seventy-five percent (75%) or more of gross sales receipts from the
sale of tobacco products and tobacco paraphernalia.
G. If hookah parlors are permitted in the City and left unregulated, they will pose
a serious threat to the public interest, health, safety and welfare for the
following reasons:
Hookah parlors established in other cities have been associated with
increases in noise, loitering, public drinking, possession of illegal
weapons, underage drinking, and arson.
2. Unregulated hookah parlors could exacerbate the inherently
dangerous behavior of tobacco use around non-tobacco users;
diminish the protection of children from exposure to smoking and
tobacco while they increase the potential for minors to associate
smoking and tobacco with a healthy lifestyle; and weaken the
protection of the public from smoking and tobacco-related pollution.
3. Hookah parlors if allowed in the City under the current state of the
City's regulations will have adverse secondary effects on surrounding
properties, including but not limited to lowering property values and
introducing incompatible land uses to existing neighborhoods.
H. In order to prevent frustration of said studies and the implementation thereof,
the public interest, health, safety and welfare require the immediate
enactment of this ordinance. The absence of this ordinance would create a
serious threat to the orderly and effective implementation of any code
amendments, general plan amendments or specific plan amendments which
may be adopted by the city as a result of the studies in that the establishment
or construction of hookah parlors may be in conflict with or frustrate the
contemplated updates and revisions to the Code, general plans or specific
plans. Moreover, permitting hookah parlors to be established or constructed
during said studies and implementation would create impacts on the public
health, safety and welfare that the city council, in adopting this ordinance, has
found to be unacceptable.
In response to the threat of unregulated hookah parlors several cities,
including but not limited to the Cities of Anaheim, Garden Grove, and Dublin
California, have adopted similar moratoriums or development restrictions.
Other cities, such as New York, have simply banned them.
J. The Request for Council Action for this ordinance dated February 21, 2006
and duly signed by the City Manager shall, by this reference, be incorporated
herein, and together with this ordinance, any amendments or supplements,
and oral testimony constitute the necessary findings for this ordinance.
Ordinance No. NS -
Page 3 of 6
50A-5
K. The city council finds, determines and declares that the current and
immediate threat to the public health, safety and welfare of the city and its
citizens necessitates the immediate enactment of the ordinance. The facts
constituting such urgency are set forth in paragraphs A-J of this ordinance.
Section 2. Prohibition
No new hookah parlor, whether as a primary use or an ancillary use, shall
be established, constructed, permitted or expanded in the City of Santa Ana.
Section 3. Definitions
For the purposes of this ordinance, the following terms shall be defined as
follows:
A. "Hookah parlor" shall mean any facility or location whose business
operation is denoted by the smoking of tobacco or other substances
through one or more pipes (commonly known as a hookah, waterpipe,
shisha or narghile) designed with a tube passing through an urn of water
that cools the smoke as it is drawn through it, including but not limited to
establishments known variously as hookah bars, hookah lounges or
hookah cafes.
B. "Primary use" shall mean a use that is not an ancillary use.
C. "Ancillary use," shall be defined as that term is defined in section 41-13.5
of the Code.
Section 4.
This ordinance shall be adopted and thereafter immediately effective by
two-thirds (2/3) vote of the City Council members pursuant to Section 415 of the
City Charter.
Section 5.
This ordinance shall have no further force and effect forty-five (45) days
from the date of its adoption; unless, however, after public hearing the City
Council members, by two-thirds (2/3) vote, extend this ordinance for an initial
period of ten (10) months and fifteen (15) days and thereafter, after public
hearing, the City Council members, by two-thirds (2/3) vote, extend this
ordinance one more year.
Ordinance No. NS -
Page 4 of 6
50A-6
Section 6.
The Clerk of the Council shall certify to the adoption of this ordinance and
cause the same to be published in the manner prescribed by law.
Section 7.
This ordinance is introduced, passed and adopted at one and the same
meeting and is thereafter immediately effective. The city council finds that this
ordinance is necessary to protect the public safety, health and welfare. The
reasons for the emergency are set forth in Section 1, paragraphs A-K, inclusive
of this ordinance.
ADOPTED this day of , 2006.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Ordinance No. NS -
Page 5 of 6
50A-7
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. to be the original ordinance adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS -
Page 6 of 6
50A-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2006
TITLE:
RESOLUTION AUTHORIZING
PARTICIPATION IN THE STATE
DEPARTMENT OF CORRECTIONS AND
REHABILITATION, CORRECTIONS
STANDARDS AUTHORITY'S TITLE II
PROGRAM GRANT
i
i
..c-~--
CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution authorizing the submittal of a grant application in the
amount of $200,000 to the Department of Corrections and Rehabilitation,
Corrections Standards Authority's Title II to continue the Leadership
Development Strategy at the McFadden Learning and Technology Center.
DISCUSSION
In January 2004, the Parks, Recreation and Community Services Agency was
successful in receiving grant funds in the amount of $200,000 from the
Department of Corrections and Rehabilitation, Corrections Standards
Authority's Title II Delinquency Prevention and Intervention Program for
the implementation of the Leadership Development Strategy at the McFadden
Learning and Technology Center. The intent of program is to provide a
comprehensive, coordinated approach to the problems of juvenile
delinquency through the cooperative efforts of the community and law
enforcement. The program has been successfully developed and implemented
at the Mc Fadden Learning and Technology Center and the City is now
eligible to apply for third year funding.
The Leadership Development Strategy was developed with the purpose of
reducing the number of suspensions and expulsions at target area schools.
Program activities include leadership development opportunities, peer and
police officer mentoring, teen club activities, tutoring, educational
excursions, family oriented recreation activities, and parent education
workshops. The program will continue to serve a total of 60 students and
their families from Spurgeon Intermediate and Lincoln, Monte Vista and
Jackson elementary schools. Upon approval of the resolution, the Parks,
Recreation and Community Service Agency will submit the required grant
55A-1
CLERK OF COUNCIL USE ONLY:
Resolution Authorizing Participation
in the Department of Corrections and Rehabilitation,
Corrections Standards Authority's Title II Grant
February 21, 2006
Page 2
application to be considered for third year funding in the amount of
$200,000.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Gerardo Mouet,
Executive Directo
Parks, Recreation and
Community Services Agency
55A-2
Lss01/26/06
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING THE APPLICATION FOR THE LEARNING
DEVELOPMENT STRATEGY TO BE FUNDED IN PART FROM FUNDS
MADE AVAILABLE THROUGH THE TITLE II DEL{NQUENCY
PREVENTION AND INTERVENTION PROGRAM ADMINISTERED BY
THE DEPARTMENT OF CORRECTIONS AND REHABILITATION,
CORRECTIONS STANDARDS AUTHORITY.
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 desires to undertake a certain project designated
the "Learning Development Strategy" to be funded in part from funds
made available through the Title II Delinquency Prevention and
Intervention Program administered by the Department of Corrections and
Rehabilitation, Corrections Standards Authority (hereafter referred to as
CSA).
B. Procedures established by the CSA require the applicant to certify by
resolution the approval of applications prior to submission of said
applications to the state.
Section 2. The City Manager of the City of Santa Ana is authorized, on behalf of
the Santa Ana City Council, to submit a grant application in the amount of $200,000.00,
to continue the Leadership Development Strategy at the McFadden Learning and
Technology Center, and to sign and approve on behalf of Santa Ana City Council a
Grant Award Agreement including any extensions or amendments thereof.
Section 3. Any liability arising out of the performance of the Grant Award
Agreement, including civil court actions for damages, shall be the responsibility of the
City of Santa Ana. The State of California and CSA disclaim
responsibility for any such liability.
Section 4. Grant funds received hereunder shall not be used to supplant
expenditures controlled by the City of Santa Ana.
Resolution No. 2006-
Page 1 of 2
55A-3
Section 5. 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 day of , 2006.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Bv:
Laura Sheedy
Assistant City Attorney
AYES: Council members:
NOES: Council members:
ABSTAIN: Council members:
NOT PRESENT: Council members:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached
Resolution No. 2006- to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of Council
City of Santa Ana
Resolution No. 2006-
Page 2 of 2
55A-4
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75A-1
75A-2
REQUEST FOR AGENCY/
COUNCIL ACTION
MEETING DATE:
FEBRUARY 21, 2006
TITLE:
AGREEMENT WITH CSG ADVISORS,
INC. FOR FINANCIAL CONSULTING
SERVICES
CLERK OF COUNCIL USE ONLY:
~~ u ~ ~
pcation i
4,~ s,
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
C-
CITY MANAGER EXECUTIVE DIRECTOR
RECOMMENDED ACTION
CITY COUNCIL ACTION
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the Executive Director
of the Community Development Agency or designee to execute an agreement
with CSG Advisors, Inc. in an amount not to exceed $40,000 to provide
financial consulting services.
CONIlKIJNITY REDEVELOPMENT AGENCY ACTION
Direct the Agency General Counsel to prepare and authorize the Executive
Director or designee to execute an agreement with CSG Advisors, Inc. in
an amount not to exceed $60,000 to provide financial consulting services.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECONIl~~NDATION
1. Recommended that the City Council direct the City Attorney to
prepare and authorize the Executive Director of the Community
Development Agency or designee to execute an agreement with CSG
Advisors, Inc. in an amount not to exceed $40,000 to provide
financial consulting services.
2. Recommended that the Community Redevelopment Agency direct the
Agency General Counsel to prepare and authorize the Executive
Director or designee to execute an agreement with CSG Advisors, Inc.
in an amount not to exceed $60,000 to provide financial consulting
services.
80A-1
~ ~
Agreement With CSG Advisors, Inc.
For Financial Consulting Services
February 21, 2006
Page 2
By a vote of 6:0 (Turner Absent) at its Regular Meeting of January 17,
2006.
DISCUSSION
The Community Development Agency
implements programs that eliminat
area and that offer economic
opportunities within the City.
professional consulting services t
design and implementation of these
of the City of Santa Ana creates and
e slum and blight within its project
development and affordable housing
Periodically, Agency staff requires
o ensure the economic viability of the
programs.
CSG Advisors, Inc. (CSG) is a nationally recognized financial consulting
firm with offices in Atlanta, New York, San Francisco and Cleveland. The
firm specializes in bond financing, development negotiations, and
financial strategies and programs. They have assisted in the structuring
of more than $50 billion in bond sales and serves as financial advisor to
more than 50 local governments and several state housing finance
agencies. In addition, CSG has been a national consultant to the federal
government working with distressed properties through the Resolution
Trust Corporation and with the Department of Housing and Urban
Development to evaluate FHA multi-family refunding requests. CSG has
served as the financial advisor to the Housing Authority of the City of
Santa Ana for all past tax-exempt bond issuances and is currently working
with the Agency and Authority on various projects.
Under the proposed contract, CSG will work on an hourly basis as needed
and as requested by the Executive Director. The scope of work may
include financial consulting on new or existing bonds issued by the
Housing Authority, Industrial Development Authority or the Redevelopment
Agency; development or review of strategies for revitalization and
redevelopment; review of development proposals; and review of strategies
for rehabilitation of rental and owner-occupied housing.
The hourly billing rate for CSG will be
Vice President or Senior Associate, $210
an Analytical Associate plus reimbursable
$275 for a Principal, $250 for a
for an Associate, and $180 for
expenses.
80A-2
Agreement With CSG Advisors, Inc.
For Financial Consulting Services
February 21, 2006
Page 3
FISCAL IMPACT
Funds are available in the Tax Increment Housing Set-Aside Fund (account
no. 507-508-6291), HOME Program (account no. 130-148-6291), Redevelopment
(account nos. 570-933=6291, 570-935-6291, and 570-932-6291).
APPROVED AS TO FUNDS AND
W
Patricia C. Whitaker
Executive Director
ACCOUNTS:
Community Development Agency
PCW/TG/mlr
.~
Francisco Gutierrez ,~(
-h~Executive Director ~f"'
V Finance and Management Services Agency
H:\ACTICNS\2006 CC\JT CC-GRA AgreeCSGAdvisorsConsultingServsContract 2-21-06.doc
80A-3
80A-4