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Home My WebLink AboutGREAT WESTERN RECLAMATION, INC.- A-2005-036 IIYo„oviNCL ON FILE A-2005-036 WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF CIOUNCIL DATE 4-II-0 5 SIXTH AMENDMENT TO AGREEMENT FOR COLLECTION C .PG1 kc AND HANDLING OF SOLID WASTE GENERATED AND OR ACCUMULATED IN THE CITY OF SANTA ANA THIS SIXTH AMENDMENT, made and entered into this 22' day of Feb/tor / , 2005, by and between USA Waste of California Inc., formally Great Western Reclamation, a division of Waste Management Collection and Recycling, Inc ("Contractor") and the City of Santa Ma, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California("City"), collectively referred to herein as"the Parties". RECITALS 1. On June 19, 1998 CITY and CONTRACTOR entered into a Second Amended Agreement (hereinafter referred to as "said Agreement") for collection and handling or solid waste generated and/or accumulated in the City. 2. Section 18 (g) of the said Agreement provides that CONTRACTOR is responsible for development and management of grants pursuant to regulations contained in the California Integrated Waste Management Act and/or adopted by the California Integrated Waste Management Board, subject to approval of the Executive Director of Public Works. Section 26 of said Agreement allows the CONTRACTOR to obtain compensation for the management of these grants. 3. Since execution of said Agreement, grants have also been made available to cities from the Department of Conservation. 4. The State grant auditors have recommended that the CITY and CONTRACTOR amend their Agreement to indicate the amount of compensation that CONTRACTOR will receive for the development and management of these grants. 5. The Parties hereto now desire to amend Section 18(g) of said Agreement in order to comply with the State's recommendations. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. Section 18 of said Agreement pertaining to Grants is hereby amended to expand 18 (g) to include the Department of Conservation and other governmental agencies that offer grants related to collection and recycling services provided under said Agreement. In fiscal year 04-05 CONTRACTOR will receive: • $5500 per month for the collection of used oil containers and filters. This includes all manpower, vehicle, fuel and administrative costs associated with the collection program. • $75 per hour for grant administrator's time to develop and administer the grant programs. Section 18 of said Agreement may be amended to provide for any increased grant compensation paid to CONTRACTOR upon a writing executed by the Executive Director of Public Works and the City Attorney. 2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY ( David N. Ream Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: IL _ , �, rIibb Michael Vigliotta Deputy City Attorney APPRO ED AS TO 0 TENT: CONTRACTOR Jam-. G. Ross : • , ose Ex- utive Director ener. Manager P 'lie Works Agency C700 - Employer ID #or Individual SS CONSENT CALENDAR Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Garcia VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) I[snjs remou t calr gpjt` t SG'tloh dr r ddWd aC Sgt lr�J f `Se ar fe*bail show b .r 1ual'aiote, r frL~f atl it to r,?faddi! d-asr pSt ' t Asa sent d a.�,�n. ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Items 10.A., and 10.B.) 10.A. ADJOURNED REGULAR MEETING OF FEBRUARY 7, 2005 10.B. REGULAR MEETING OF FEBRUARY 7, 2005 (Councilmembers Alvarez and Bist abstained on items 10.A. and 10.B.) ORDINANCE SECOND READING 11.A. AMENDMENT APPLICATION NO, 2004-05 AND TENTATIVE TRACT MAP NO. 2004-07 (COUNTY MAP NO. 16775) - 419 SOUTH NEWHOPE STREET Motion: Place ordinance on second reading and adopt. Placed on first reading at the February 7, 2005 Council Meeting and approved by a 5-0 vote (Bist and Alvarez absent) Published in the Orange County Reporter on February 11, 2005 ORDINANCE NS-2675 - An ordinance of the City Council of the City of Santa Ana rezoning the property located at 419 South Newhope Street from two- family residence (R2) to single-family residence (R1) (AA No. 2004-05) CITY COUNCIL MINUTES 68 FEBRUARY 22, 2005 CONSENT CALENDAR 25.A. AGMT NO. 2005-033 - CITYWIDE DESIGN GUIDELINES — Execute an amendment to the agreement with RBF Consultants for an additional $25,000 for completion of citywide design guidelines — Planning & Building Agency 25.B. AGMT NO. 2005-034 - LEASE AGREEMENT - THE DEPOT - Execute a lease agreement with Lennar Homes for use of the 5th floor conference room at The Depot at Santa Ana - Community Development Agency 25.C. AGMT NO. 2005-035 - MUNICIPAL PARKING GARAGE OPERATOR - Execute a management agreement with Ace Parking, Inc. for the operation of four Downtown public parking garages for a one-year period at a fixed rate not to exceed $11,940 -Community Development Agency 25.D. AGMT NO. 2005-036 — GRANT MANAGEMENT SERVICES — Execute an amendment to the agreement with Waste Management Inc. for management of the City's recycling grants — Public Works Agency 25.E. AGMT NO. 2005-037 - AUTOMATED PARKING CITATION SYSTEM - With the Phoenix Group to provide an Automated Parking Citation System in an amount not to exceed $130,000 — Police Department 25.F. AGMT NO. 2005-038 - AUTOMATED MUG PHOTO SYSTEM - With ImageWare Systems, Inc. in an amount not to exceed $22,000 — Police Department 25.G. AGMT NO. 2005-039 - MOBILE COMMAND CENTER - With LDV, Inc. for the purchase of a Mobile Command Center in an amount not to exceed $475,000 — Police Department 25.H. AGMT NO. 2005-040 - ACCOUNTING MANAGEMENT SERVICES - With Moreland & Associates Inc. in an amount not to exceed $75,000 — Finance & Management Services 25.1. AGMT NO 2005-041 — PAYROLL CONSULTING SERVICES — With Dawna Whaley in an amount not to exceed $90,000 - Finance & Management Services 25.J. AGMT NO. 2005-042 — ACQUISITION AND RELOCATION OF APOLLO MUFFLER AND RADIATOR SERVICES, INC. — Execute acquisition and relocation agreements with Apollo Muffler and Radiator Services, Inc. totaling $483,567 — Public Works Agency 25.K. AGMT NO. 2005-043 - STREET SWEEPER BROOM RE-WRAPPING - With American Rotary Broom Co., Inc. for a one-year period in an annual amount not to exceed $82,000 — Finance & Management Services CITY COUNCIL MINUTES 74 FEBRUARY 22, 2005 REQUEST FORgt COUNCIL ACTION Educationzsr CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 Fli&2293 TITLE: APPROVED As Recommended AMENDMENT TO AGREEMENT WITH ❑ As Amended st WASTE MANAGEMENT INC. FOR ❑ Ordinance on n Reading 2 0 Ordinance on 2nd Reading GRANT MANAGEMENT SERVICES ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 4' f ct FILE NUMBER A-2005-036 CITY MANAGER i4 v. U4 l 9 (.c__v RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Waste Management Inc . for management of the City' s recycling grants . DISCUSSION The current agreement between the City and Waste Management Inc. authorizes Waste Management to develop and manage the grants pursuant to the regulations contained in the California Integrated Waste Management Act and/or adopted by the California Integrated Waste Management Board. Since the approval of the agreement, additional recycling grants have become available from the Department of Conservation. The proposed amendment would broaden the agreement to allow for the management of all grants related to recycling activities and services covered by the agreement . In addition, the State conducted an audit of one of the City' s previous used oil grants . Their findings included a recommendation that the City amend its agreement with Waste Management to include a provision that identifies the amounts payable to Waste Management for management of State grants. The proposed amendment identifies the fees payable for these services in the current fiscal year. Any changes to the current fees would require written approval of the Executive Director of the Public Works Agency. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. Amendment To Agreement With Waste Management Inc. For Grant Management Services February 22 , 2005 Page 2 FISCAL IMPACT Payment for grant management services are charged to the individual grants received by the City. APPROVED AS TO FUNDS AND ACCOUNTS : r't Francisco Gutierrez \ Executive Director Executive Director `' Public Works Agency Finance & Mgmt . Services Agency - ' - 4DDITIONAL INSURED ENDORSEMENT ^ . .---2„ 26 ---- - WMOC_._.._I — PAGE 32/@3 "e2/D7/200$ --. .,:t 22 171 dF1 ._fi Dare:(MM/DD/YY) CERTIFICATE OF INSURANCE 12/31/2004 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ' LPGktnn CPmpades of Houston ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5647 San Felipe,Suite 320 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 186-260153E(1711010)e) BEB-102-1055(Fall),TX 77e57 ALTER THE CPVERASE AFFORDED BY THE POLICIES BELOW. 608-260. INSURERS AFFORDING COVERAGE .." —• —~,ACE American insurance Company INSURED: WASTE MANAGEMENT and Insurer A: Inuemnily lrtsuran;a Company of Noah America Waste Management of orange County Insurer B: 1806 South Grano AvenueInsurer C: National Union Fire Insurance Company of Pittsburh,PA Santa Ana,CA 92705 Insurer D: Allied World Assumes Company,Ltd. Insurer E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IS$uED TO THE INSURED NAMED AECNE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF MY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS cfRTIFlCATE MAY EE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIeED HEREIN L4 SUBJECT TO ALL THE TERNS, C$OLuslolus ANG coNhITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY BE EXHAUSTED Ry PAID CLwMs. aPFECm'E DATE EXPIRATION �M LIMITS TA INSR TYPE IA INSURANCE r POLICY NUMBER DATE EACH OCCURRENCE $ 5,000,000 GENERAL LIABILITY A x 00MMERCW.GENERAL Ll,aILDY FIRE DAMAGE IA/NUN FRP) $ 5,000.000 X OCCURRENCE _ HDO 621712978 1/1/2005 111/2006 MFA EXP KRVERA0N1 — — - .• PERSONAL a ADV INJIMY $ 5,000,000 K XCO(newest, GENERAL AGGREGAI E $ 6,000,666 OER LAGGRE6Are LIMIT APPLIES PER; PROMO PRODVCTSICOMP.OP.AGG $ 8,000,000 x LDOATION AUTOMOBILE LIABILOY. . COMBINED SINGLE LIMIT $ 10,000,000 A x ANY AUTO' ISA 4407932704 1/12008 manna • r0Acllncacarr l X FADED -r x NON-OWNED AUTOS x MCS-BA 1 EXCESS LIARIUWIUMBRELLA^ 'EACH OCCURRENCE $ 1PD,o00,U00 A x OCCURRENCE X00022082334 1/1/2005 1n/200E AGGREGATE S 100,000,000 C cLAIMIPMDE 675326E 1/1/2005 1/1/2006 O _ 4001365/003 1/1/2005 1/1/2006 WORKERS'COMPENSAYION —"-- WORKER&oohT'ENDATION STATUTORY B and'EMPLOYERSLIABILITY`—T WLR 044173803(ADS) 1/1/3008 1/1/2008 E4 EACH ACCIDENT $ 1,000,000 A _ WLR C44101095(CA) 1/1/2DOS 111/2006 ELDISEASS•EAEMPI.&YEE $ 1,000,000 A SCF 044101050(WI) 1/1/2005 1!1/21306 EL DISEASE.POLICY LIMIT $ 1000,000 REMARKS.DESCRIPTOR OF OPERATIONSILOCATIONSVEHICLEVEacLUSIONS ADDEO BY ENOORSENENT PROVISIONS. CHECK ®nv,,,IOCT waive*of PuunoaAa,Cn 9°woo Fn IN rxvo4 Of DERT/ICATE HOLDER ON ALL POLICIES WHERE AND TO THE WENT REQUIRED RYWAfTEA CONTRACT. SOX ®CERTIFICATE HOLDER IS NAMED AS AN ADDGIONAL INSURED(EXCEPT FOR WORKERS'CORWEL)1AMPRE AND TO THE EXTENT REDO NDO SY vairPTEN CONTRACT. Re: Self Insured for auto physical damage- , Additional Insured In Favor of City of Santa Ma,Its officers agents and employees(on all policing except Workers' COmpensatlQ WEL)winn and to the extent Sc required by written contract.The Above Auto LiASi11W policy Levities UAW cnvarage to the trunks owned by the City et Banta Ana that ora operated and man:lined by Waste ManagaMertt et OranlM County. CERTIFICATE HOLDER: CANCELLATION: SHOULD ANY OF THE ABOVE PENCRIBE0 POLICIES8E CANCELLED BEFORETNE ExPIRAINN VMS TIIERCOF.YXE asthma INDUAEn WILL PAIL So PALS WRIT`N N0TIDP TO THE CRNTIFICATE HOLDER NAMED TO THE LEFT. City of Santa Ana 20 civic Cent&Plus ` AUTHORIGLU rtEPREDENTATTve: _„ � P.O.Box 1688 Santa Ana,CA 92701 APPROVED A, 5 '(I 'j, Michas Viglintrn I& Deputy City Atrarney I 'd 6905-Lb9-VII. Wild euy ezue9 .to 8240 012E ;CO SO II .+dy • _ DITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL 1 (ABILITY POLIC. Insurance Company A.M.AMERICAN INSURANCE COMPANY This endorsement modifies such insurance as is afforded by the provisions of Policy#Hb0 021712978 relating to the following: r l. The City of Santa Ana,20 Civic Center Plaza,Santa Ana,California 92701;its officers,employees,agents,volunteers and representatives are named as additional insureds("additional insureds")with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. *2. With respect to claims arising out of the operations arid uses performed by or on behalf of the named insured,such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies Separately to each insured against whom claim is made or suit iS brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would hays as a claimant if not so included. 4. With respect to the additional insureds,this insurance shall not be cancelled,ur materially reduced in coverage or limits except after thirty(30)days written notice has been given to the City of Santa Ana,20 Civic Center Plaza,Santa Ana,California 92701. (Completion of the following,including countersignature,is required to make this endorsement effective.) Effective 01101105_ ,this endorsement turn as a part ofPolicy#HUC Gal71297B Issued to WASTE MANAGEMENT OF ORANGE.COUNTY Named Insured Countersigned by - Authorized Representative +where and to the e%tent required by wrincn comma. Exhibit B APP• oyED s/To ..ORM ! Michael Vigliotta Deputy Cary All orney i °d s9DS-L.0.9-BIL WMd cud eaues do Ruta elEEteD SD 11 -ids