CITY COUNCIL: Resolution Amending Franchise Agreement with USA Waste of California (Carmel Marina Corporation)

Meeting Date: September 9, 2008
Prepared by: Joyce Giuffre,
Admin Services Director

City Council
Agenda Item Summary

Name: Consideration of a resolution amending the franchise agreement with USA Waste of California (Carmel Marina Corporation) to modify the sidewalk cleaning contract
reimbursement provisions.

Description: Section 22 of the City’s franchise agreement with USA Waste of California (Carmel
Marina Corporation) provides an annual payment by Carmel Marina Corporation to the City for the
cost of sidewalk cleanings. The current language in Section 22 sets an annual reimbursement limit
of $13,900.
Recently, the costs for sidewalk cleaning have increased due to modifications by the vendor in
compliance with storm water runoff requirements. Consequently, the annual reimbursement of
$13,900 does not cover the City’s costs. The City requested that Section 22 of the USA Waste
Management franchise agreement be amended to allow for annual CPI increases to the
reimbursement amount to cover the recent cost increases and other future cost increases.
See the attached Exhibit A for the amended Section 22. USA Waste of California has agreed to the
amended language.
Overall Cost: City Funds: Approximately $14,300 per year received from USA Waste of
California, with annual CPI increases
Grant Funds: n/a
Staff Recommendation: Authorize the City Administrator to amend Section 22 of the agreement
with USA Waste of California (Carmel Marina Corporation).
Important Considerations: The current language in Section 22 of the franchise agreement
limits the annual reimbursement amount to $13,900 which does not cover current actual
costs for sidewalk cleaning.
Decision Record: Resolution 2008-44 which amended Section 26, effective July 1, 2008. The
previous amendment was dated July 1 2004.
Reviewed by:
______________________________ _________________
Rich Guillen, City Administrator Date
51
EXHIBIT A
1
Attachment “A”
USA WASTE OF CALIFORNIA
FRANCHISE AGREEMENT REVISION
EFFECTIVE SEPTEMBER 1, 2008
22. CLEANING OF COMMERCIAL DISTRICT SIDEWALKS AND
CURBSIDE TRASH CONTAINERS AND ENCLOSURES
Scrub clean and keep free of accumulated garbage and debris all sidewalks, trash containers
and enclosures in the Commercial District between 3rd and 8th Avenue and from Junipero
Ave to Monte Verde Avenue. Also include all Scenic Road trash enclosures from 8th Avenue
to Martin Way.
SIDEWALK CLEANING CONTRACT
Specifications:
1. Work consists of hot water pressure wash of the following sidewalks:
Bid Item #1: City Area shown within the broken outline (refer to map on next page).
Except for the east side of Junipero between 7th and 8th Avenues, north and south sides
of 8th Avenue between Junipero Avenue and Mission Streets, and north and south sides
of 5th Avenue between Monte Verde and Lincoln Streets, sidewalk cleaning includes
both sides of the street.
a) First 2 weeks in October 2008/2009 and as modified from time to time.
b) Last 2 weeks in May 2008/2009 and as modified from time to time.
Bid Item #2: Ocean Avenue, Davendorf Park, Piccadilly Park shown within yellow
cross-hatched area (refer to map next page). Sidewalk cleaning includes both sides of
Ocean Avenue and the sidewalks bordering Davendorf Park and those inside the park.
a) First 2 weeks in January 2008/2009 and as modified from time to time.
b) Last 2 weeks in July 2008/2009 and as modified from time to time.
2. Cleaning includes City wooden trash enclosures, covers and underneath cans.
3. All work to include capture of wash off materials larger than ¼”.
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EXHIBIT A
2
Dates for cleaning may be modified by mutual agreement of City, contractor and Carmel
Marina Corporation. Additional cleanings shall be based on time and material and shall be
negotiated with contractor and Carmel Marina Corporation. As of January 1, 2008 CPI per
year will be calculated in the same manner as page 5 in the current agreement and added to
the $13,900 current cost that Carmel Marina Corporation reimburses to city for payment to
contractor. Any cost above $13,900 plus CPI yearly will be at City expense unless contract is
renegotiated and Carmel Marina Corporation adjusts the collection rates to cover costs.
“City” “Collector”
CITY OF CARMEL-BY THE SEA USA WASTE OF CALIFORNIA, INC.
A municipal corporation of the State dba CARMEL MARINA CORPORATION
Of California
By: ____________________________ By: _____________________________
Felipe Melchor
District Manager
Date: __________________________ Date: ____________________________
53
CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
RESOLUTION NO. 2008 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AMENDING THE FRANCHISE AGREEMENT WITH USA WASTE OF CALIFORNIA
(CARMEL MARINA CORPORATION) TO MODIFY THE SIDEWALK CLEANING
CONTRACT REIMBURSEMENT PROVISIONS
__________________________________________________________________________
WHEREAS, the City entered into a franchise agreement with USA Waste of
California in January 1995 with the most recent amendment effective July 1, 2008; and
WHEREAS, effective September 1, 2008, the City desires to amend Section 22 of
the agreement by incorporating a CPI increase to the annual amount Carmel Marina
reimburses to the City for sidewalk cleaning, per the attached Exhibit A.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF CARMEL-BY-THE-SEA DOES:
1. Authorize the City Administrator to amend Section 22 of the agreement with
USA Waste of California (Carmel Marina Corporation) effective September 1,
2008 per the attached Exhibit A.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA this 9th day of September 2008 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
_________________________
ATTEST: SUE McCLOUD, MAYOR
_________________________
Heidi Burch, City Clerk