HomeMy WebLinkAbout2016-05-24 - RESOLUTIONS - SOLID WASATE MANAGE SVCS (2)RESOLUTION NO. 16-18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA, CALIFORNIA,
APPROVING THE FIFTH AMENDMENT OF THE AMENDED AND RESTATED
AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF
CALIFORNIA, INC. (WASTE MANAGEMENT), FOR RESIDENTIAL SOLID WASTE
MANAGEMENT SERVICES
WHEREAS, the City of Santa Clarita (City) is empowered under Section 7 of Article 11
of the California Constitution to make and enforce, within its limits, all police and sanitary
ordinances and regulations not in conflict with general laws; and
WHEREAS, in partial implementation of Section 7 of Article 11 of the California
Constitution, California Public Resources Code Section 40059 authorizes the City to determine
all aspects of handling of solid waste that are of local concern, including the frequency of
collection, means of collection and transportation, level of services and nature, location, and
extent of waste handling services; and
WHEREAS, on November 20, 2003, the City and USA Waste of California, Inc. (Waste
Management), entered into that certain "Agreement Between the City of Santa Clarita and USA
Waste of California, Inc., for Residential Solid Waste Management Services" (Agreement); and
WHEREAS, on May 24, 2011, the City Council directed staff to execute an Amended
and Restated Agreement Between the City of Santa Clarita and USA Waste of California Inc.;
and
WHEREAS, pursuant to Section 6.3 of the Amended and Restated Agreement Between
the City of Santa Clarita and USA Waste of California, Inc., Waste Management is entitled to
pursue an annual adjustment to its maximum rates for the rate year commencing on July 1, 2016
to June 30, 2017; and
WHEREAS, pursuant to Section 6.5.2 of the Amended and Restated Agreement Between
the City of Santa Clarita and USA Waste of California, Inc., all maximum rates shall remain
below all jurisdictions, including Cities and Unincorporated County Areas, with source separated
(refuse, recyclables, and green waste) franchised collection services in the Santa Clarita Valley;
and
WHEREAS, the current Unincorporated County Area standard service rate is $22.35 and
any proposed adjustments of this rate is currently not available; and
WHEREAS, upon adjustments in the Unincorporated County Area rate taking effect the
attached rates shall be adjusted accordingly to comply with Section 6.5.2 of the Amended and
Restated Agreement Between the City of Santa Clarita and USA Waste of California, Inc.; and
WHEREAS, the City and Waste Management desire to amend the Amended and
Restated Agreement Between the City of Santa Clarita and USA Waste of California, Inc., by
increasing the maximum rates as outlined in Sections 6.3 and 6.4 of the Amended and Restated
Agreement Between the City of Santa Clarita and USA Waste of California, Inc.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve
as follows:
SECTION 1. The "Fifth Amendment of the Amended and Restated Agreement Between
the City of Santa Clarita and USA Waste of California, Inc., for Residential Solid Waste
Management Services" (Fifth Amendment), a copy of which is attached hereto, is hereby
approved. The City Manager is authorized to execute the Fifth Amendment on behalf of the
City, with rates adjusted to comply with Section 6.5.2, if necessary.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 24th day of May 2016.
YOR
ATTEST:
CITY
DATE: I I ` 14-
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing
Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting
thereof, held on the 24th day of May 2016, by the following vote:
AYES: COUNCILMEMBERS: Boydston, Acosta, McLean, Weste, Kellar
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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FIFTH AMENDMENT OF THE
AMENDED AND RESTATED AGREEMENT
BETWEEN THE CITY OF SANTA CLARITA AND
USA WASTE OF CALIFORNIA, INC., (WASTE MANAGEMENT) FOR
RESIDENTIAL SOLID WASTE MANAGEMENT SERVICES
This FIFTH AMENDMENT OF THE AMENDED AND RESTATED AGREEMENT
BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF CALIFORNIA, INC.,
(WASTE MANAGEMENT) FOR RESIDENTIAL SOLID WASTE MANAGEMENT
SERVICES, (Fifth Amendment) is entered into this day of _2016,
between the City of Santa Clarita, California, a California municipal corporation (City) and USA
Waste of California, Inc., a California corporation to amend that certain "Amended and Restated
Agreement Between the City of Santa Clarita and USA Waste of California, Inc., for Residential
Solid Waste Management Services."
RECITALS
WHEREAS, the City is empowered under Section 7 of Article 11 of the California
Constitution to make and enforce, within its limits, all police and sanitary ordinances and
regulations not in conflict with general laws; and
WHEREAS, in partial implementation of Section 7 of Article 11 of the California
Constitution, California Public Resources Code Section 40059 authorizes the City to determine
all aspects of handling of solid waste that are of local concern, including the frequency of
collection, means of collection and transportation, level of services and nature, location, and
extent of waste handling services; and
WHEREAS, on November 20, 2003, the City and USA Waste of California, Inc., (Waste
Management) entered into that certain "Agreement Between the City of Santa Clarita and USA
Waste of California, Inc., (Waste Management) for Residential Solid Waste Management
Services"; and
WHEREAS, on May 24, 2011, the City Council directed staff to execute an Amended
and Restated Agreement Between the City of Santa Clarita and USA Waste of California
Inc.(Waste Management); and
WHEREAS, pursuant to Section 6.3 of the Amended and Restated Agreement, Waste
Management is entitled to pursue an annual adjustment to its maximum rates for the rate year
commencing on July 1, 2016; and
WHEREAS, the City and Waste Management desire to amend the Amended and
Restated Agreement by adjusting the maximum rates as outlined in Section 6.3 and 6.4 of the
Amended and Restated Agreement.
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NOW, THEREFORE, the City and Waste Management in consideration of their
mutual promises, amend the Amended and Restated Agreement as follows:
SECTION 1. Exhibit 2 of the Amended and Restated Agreement shall be amended to
contain the following maximum rates commencing July 1, 2016:
• Standard Service Rate $22.34 per month
• Reduced Rate for no Greenwaste services $20.34 per month
• Reduced Rate for Super Saver/Senior/Lifeline Customers $17.87 per month
• Mobile Home Service Rate $16.76 per month
The multi -family rates will be as follows:
Container
Size
1
Number of Weekly Pickups
2 3 4
5
6
7
1.5 yd3
$68.78
$137.56
$206.34
$275.08
$343.87
$412.65
$481.42
yd3
$73.32
$146.61
$219.91
$293.24
$366.52
$439.82
$513.13
3 yd3
2.37
k$$911.39
$164.69
$247.09
$329.45
$411.79
$494.17
$576.52
yd3
1$182.85
$274.23
$365.64
$457.06
$548.50
$639.89
Special Services
Costs
Street Litter Carts
$20.22 per set per month
Restart Charge
$20.58
Refuse Overage Extra Pickup
$6.87 per pickup
Extra Trash Cart
$13.71 per month
Locking Bin
$13.72 per bin per month
Bulk Billing Discount
8%
Extra Bulky Item Pickup
$27.45 per pickup
Additional Bin Cleanings
$48.01 per cleaning
Extra Bin Empties
$48.01 per empty
Compactor Rates
2x comparable bin rate
Late Fees
1.5% per month
Emergency Services
$96.06 per hour
Manure Collection
100% of comparable multifamily bin refuse rate
repayment Discount
10ne month free with 11 months prepaid
SECTION 2. Except as expressly amended herein, all provisions of the Amended and Restated
Agreement are and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
written.
CITY OF SANTA CLARITA
A California Municipal Corporation
Kenneth W. Striplin
City Manager
ATTEST:
Kevin Tonoian
City Clerk
APPROVED AS TO FORM:
Joseph Montes
City Attorney
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WASTE MANAGEMENT
By:
[CEO, President,
President]
And By:
Chairman of the Board or any Vice
[The Secretary, any assistant secretary, CFO
or any assistant treasurer]
State of California )
County of )
On before me,
Date Here Insert Name and Title of the Officer
1
Place Notary Seal Above
Signature
Signature of Notary Republic
1
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.