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File #: ID18-1172    Version: 1 Name:
Type: Action Item Status: Passed
File created: 9/28/2018 In control: City Council
On agenda: 10/25/2018 Final action: 10/25/2018
Title: Actions related to the Fourth Amendment to the Services Agreement with Orange Avenue Disposal Company, Inc.: 1. Adopt a finding of Class 1/Existing Facilities Categorical Exemption pursuant to Section 15301of the California Environmental Quality Act. 2. Approve a Fourth Amendment to the Services Agreement with Orange Avenue Disposal Company, Inc., to increase per-ton charges for transfer, processing, and disposal of waste, capturing unforeseeable costs due to change in law and economic conditions (Citywide)
Sponsors: Department of Public Utilities
Attachments: 1. Attachment 1 - Proposed Fourth Amendment.pdf, 2. Attachment 2 - 2004 Agreement.pdf, 3. Attachment 3 - First Amendment.pdf, 4. Attachment 4 - Second Amendment.pdf, 5. Attachment 5 - Third Amendment.pdf
REPORT TO THE CITY COUNCIL


October 25, 2018


FROM: MICHAEL CARBAJAL, Director
Department of Public Utilities

BY: JERRY L. SCHUBER SR., Assistant Director
Department of Public Utilities - Solid Waste Management Division

SUBJECT
Title

Actions related to the Fourth Amendment to the Services Agreement with Orange Avenue Disposal Company, Inc.:
1. Adopt a finding of Class 1/Existing Facilities Categorical Exemption pursuant to Section 15301of the California Environmental Quality Act.
2. Approve a Fourth Amendment to the Services Agreement with Orange Avenue Disposal Company, Inc., to increase per-ton charges for transfer, processing, and disposal of waste, capturing unforeseeable costs due to change in law and economic conditions (Citywide)

Body
RECOMMENDATION

Staff recommends the City Council 1) adopt a finding of Class 1/Existing Facilities Categorical Exemption pursuant to Section 15301of the California Environmental Quality Act; and 2) approve a Fourth Amendment to the Services Agreement with Orange Avenue Disposal Company, Inc. (OAD), modifying the Services Agreement to increase per-ton rates to capture unforeseeable costs due to change in law and economic conditions.

EXECUTIVE SUMMARY

City Council entered into a Services Agreement with OAD, dated February 25, 2004, for the transfer, processing, and disposal of municipal solid waste, construction and demolition waste, and asphalt and concrete (2004 Agreement). The City and OAD amended the 2004 Agreement first on November 27, 2007 (First Amendment), again on July 28, 2011 (Second Amendment), and most recently on March 16, 2015 (Third Amendment), all of which are hereinafter collectively referred to as "Agreement."

The First Amendment added a fuel surcharge to the 2004 Agreement and agreed the City would pay $173,000 to OAD for retroactive fuel costs. The Second Amendment permitted OAD to assess a Transfer Station Surcharge on each ton of solid waste delivered to OAD, which expired March 15, 2...

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