Loading...
HomeMy WebLinkAbout11/14/2007 - STAFF REPORTS - 5.C. AMENDMENT ONE TO SOLID WASTE MANAGEMENT SERVICES AGREEMENT IMPLEMENTING A SINGLE STREAM RECYCLING PROGRAM (Agreement No. ) THIS AMENDMENT ONE to the Solid Waste Management Services Agreement(the "Agreement"), is made and entered into to be effective on the 14t day of November, 2007, by and between the City of Palm Springs, a California charter city and municipal corporation (hereinafter referred to as the "City"), and Palm Springs Disposal Services, a California corporation (hereinafter referred to as the "Contractor") (collectively, the "Parties"). RECITALS A. City and Contractor previously entered into the Agreement, which granted Contractor a franchise and giving Contractorthe right and duty to collect, transfer,transport, recycle, process and dispose of solid waste and recyclable material accumulating within the City. B. Section 14.02 of the Agreement provides that it may be amended at anytime with the mutual written consent of the Parties. C. City and Contractor desire to amend the Agreement to institute a new program for Single Stream Recycling. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: AGREEMENT Section 1. Amendment to Scope of Regular Collection Services. Section G is added to Exhibit D of the Agreement to read: G. Single Stream Recycling Program. 1. Establishment of Program. Notwithstanding the provisions of Sections A or B of this Exhibit D, Contractor shall provide unlimited collection of commingled Recyclables at curbside once per week and transport such Recyclables to the Processing Facility or Facilities in accordance with this Agreement, including Article 4 thereof, and the provisions of this Section G of Exhibit D. Commencing no later than July 1, 2008, Contractor shall convert the existing two-bin collection system to a Single Stream Program for all residential and Commercial customers receiving individual Solid Waste Bin pick-up, Contractor shall provide each such Customerwith recycling containers.The Recyclables shall be collected on the same day as Solid Waste collected under Sections Al and B1 of this Exhibit D using manual Collection Vehicles. Contractorshall commence such Services no laterthan July 1, 2008. Under the Single Stream Program, Contractor will provide each customer address with a r 555385.1 II p ^ � � single 64-gallon * plastic Solid Waste Bin with wheels and hinged lids attached. The Single ,Stream Program shall permit customers to commingle all recyclable materials into one Solid Waste Bin. Contractor shall purchase collection vehicles capable of collecting the contents of the Single Stream Program Solid Waste Bins. Collection will occur once weekly at curbside. Customers subscribing to Backyard Collection service may also subscribe to Backyard Collection of recyclables at an additional fee established pursuant to the provisions of this Agreement or as may otherwise be approved by the City Council. Contractor shall only be required to collect recyclables fully contained within the Single Stream Solid Waste Bin. Customers requiring additional capacity may subscribe for an additional bin at an additional cost, however additional bins will not be distributed during the first thirty days of the program in order to provide customers adequate time to adjust to the new program and its enhanced capabilities. Contractor shall endeavor to complete the conversion to the Single Stream System according to the following performance schedule, subject to the availability of vendor products and services, Single Stream Program Performance Schedule Performance Date Task (Expressed in calendar days following City Council approval- 11/14-07 Order collection 45 days vehicles Design of informational packets (Contractor 120 days role is to assist City Staf Order bins 120 days Receive collection 180 days vehicles W Print informational 180 days packets Receive and assemble 180 — 210 days bins Outfit and road test vehicles, train operators 210 Lays Deliver bins third art 210 -- 224 days Commence program 217 -- 230 days 2. Single Stream Recycling. Program Grant. (a) GRANT. To facilitate Contractor's conversion to the Single Stream Recycling Program and to avoid increased costs to Residential customers, City agrees to make a one 2 of 5 555385 I time capital equipment grant to Contractor of no more than TWO MILLION DOLLARS ($2,000,000.00)from City's Recycling Fund. This grant will be used to cover the anticipated cost of three (3) recycling collection vehicles, three (3) scout vehicles, and approximately 17,200 64-gallons (approximate size), injection molded, plastic recycling bins, and all such vehicles and equipment shall be used solely and exclusively for the provision of services to addresses within the City of Palm Springs, This grant will be paid to Contractor based on actual expenses incurred up to the maximum amount established above. (b) EQUIPMENT DESIGN. Contractor reserves sole authority regarding decisions of design, manufacture, support, and selection of all equipment purchased under this grant. Contractor also accepts sole responsibility to maintain, repair, and replace all equipment as needed throughout the duration of the Term of this Agreement and any extensions or renewals thereto- (c) NO COST TO CUSTOMERS. Implementation of the Single Stream Recycling Program as provided for herein shall not result in an increase to Customer rates for Customers converting from the existing two-bin collection system to the Single Stream Recycling Program system. Section 2. Full Force and Effect. This Fist Amendment is supplemental to the Agreement and is by reference made part thereof. All of the terms, conditions, and provisions, of the Agreement, unless specifically modified herein, shall continue in full force and effect, In the event of any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement, the provisions of this Amendment shall govern and control. Section 3. Corporate Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is Formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURE PAGES FOLLOWS] 3 of 5 555385.1 IN WITNESS WHEREOF, the Parties have executed and entered into this First Amendment as of the date first written above. ,,CITY" CITY OF PALM SPRINGS, a California charter city and municipal ATTEST: corporation By, By: James Thompson, City Clerk David H. Ready, City Manager APPROVED AS TO FORM: By- Douglas H, Holland, City Attorney [SIGNATURES CONTINUED ON NEXT PAGE) sssaas i 4 of 5 "CONTRACTOR" PALM SPRINGS DISPOSAL SERVICES a California corporation CONTRACTOR: Check one: _Individual_Partnership Corporation Corporations require two notarized signatures: One from each of the following: (A) Chairman of the Board, President, or any Vice President, AND (B) Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. By: By: Signature (notarized) Signature (notarized) Name: Name. Title: Title: State of California State of California County of County of On before me, On before me, personally appeared personally appeared personally known to me (or proved to me personally known to me (or proved to me on the basis of satisfactory evidence) to on the basis of satisfactory evidence) to be the person(s) whose name(s) istare be the person(s) whose name(s) is/are subscribed to the within instrument and subscribed to the within instrument and acknowledged to me that he/she/they acknowledged to me that he/she/they executed the same in his/her/their executed the same in his/her/their authorized capacity(ies), and that by authorized capacity(ies), and that by his/her/their signature(s) on the his/her/their signature(s) on the instrument the person(s), or the entity instrument the person(s), or the entity upon behalf of which the person(s) acted, upon behalf of which the person(s) acted, executed the instrument. executed the instrument. WITNESS my hand and official seal, WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: sss3es.i 5 of 5 �O?PAM Spy iy � F O V N 4 �roee x C ennY[o[ ' 4�/FORN�Pn City Council Staff Report DATE: November 14, 2007 NEW BUSINESS SUBJECT: APPROVE AMENDMENT NO. 1 TO SOLID WASTE MANAGEMENT AGREEMENT WITH PALM SPRINGS DISPOSAL SERVICES TO IMPLEMENT A SINGLE STREAM RECYCLING PROGRAM FROM: David H. Ready, City Manager BY: Assistant City Manager—Administrative Services The City has entered into an agreement with Palm Springs Disposal Services to collect, transfer, transport, recycle, process and dispose of solid waste and recyclable material accumulating within the City. This agreement allows for changes in service, including implementation of new programs and/or the modification of existing terms and conditions. The City Council recently approved a grant of $2 Million to Palm Springs Disposal Services to facilitate the purchase of vehicles and equipment that will be needed to implement a new single stream recycling program. This action amends the existing franchise agreement to allow for a change in services to accommodate the new recycling program. RECOMMENDATION: 1, Approve Amendment No. 1 to the Solid Waste Management Agreement with Palm Springs Disposal Services instituting a new program for single stream recycling. 2. Authorize the City Manager to execute the appropriate documents. STAFF ANALYSIS: In 2003, the City Council approved an agreement with Palm Springs Disposal Services for the collection, transportation and disposal of solid waste and recyclable materials from residential, commercial and industrial locations within the City. The term of this agreement was initially set for 11 years, expiring in 2014, with an option to extend the term of the agreement for an additional four year term, expiring in 2018, at the City's discretion. Item 5 . C . Amendment No. 1 to Solid Waste Management Services Agreement November 14, 2007 Page 2 of 2 The City's agreement with Palm Springs Disposal Services allows for changes in service, including implementation or new programs and/or the modification of existing programs. Recently, the City Council directed staff to prepare an amendment to the agreement requiring Palm Springs Disposal Services to implement a single stream recycling program for residential customers. The attached Amendment No. 1 amends the existing agreement with Palm Springs Disposal Services adding the single stream recycling program to the scope of regular collection services offered to residential customers at no additional cost. Under the proposed amendment, Palm Springs Disposal Services is required to replace the existing two-bin recycling program with the new single stream recycling program by July 1, 2008. In addition, the proposed amendment memorializes the grant the City Council recently approved to Palm Springs Disposal Services to purchase the vehicles and equipment necessary to implement the new recycling program. On October 2Wh, the City's Finance Subcommittee, consisting of Mayor Oden and Council Member McCulloch, met with Palm Springs Disposal Services and City staff to discuss the proposed modifications to the existing agreement. The Finance Subcommittee has reviewed the proposed modifications to the agreement and is referring the attached amendment to the City Council for their consideration. FISCAL IMPACT: The City Council has previously adopted a resolution approving a $2 Million grant to Palm Springs Disposal Services to purchase the necessary vehicles and equipment to implement the single stream recycling program. Hence, per Palm Springs Disposal Services, there are no additional costs to the rate payers or the City for conversion to this recycling program. Any future rate increases will be in accordance with contract provisions. Tro . Butzla s istant City Manager David H. Ready, C�-]i er Attach ents: 1. Amendment No. 1 November 7, 2007 Item 5.C. Solid Waste Management Amendment No. 1 to follow