HomeMy WebLinkAbout2019-05-28 - RESOLUTIONS - APPROVING THE EIGHTH AMEND OF THE AMENDED AND REST (2)1
RESOLUTION NO. 19-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
CLARITA, CALIFORNIA, APPROVING THE EIGHTH 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
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 Waste Management; and
WHEREAS, pursuant to Section 6.3 of the Amended and Restated Agreement Between
the City of Santa Clarity 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, 2019,
to June 30, 2020; 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, California, does
hereby resolve as follows:
SECTION 1. The "Eighth 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" (Eighth Amendment), a copy of which is attached hereto, is hereby
approved. The City Manager is authorized to execute the Eighth Amendment on behalf of the
City.
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SECTION 2. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 28th day of May 2019
ATTEST:
CITY CLERK
DATE: ('s 41D % iq
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Resolution No. 19-15 was duly adopted by the City Council of the City of Santa Clarita
at a regular meeting thereof, held on the 28th day of May 2019, by the following vote:
AYES: COUNCILMEMBERS: Kellar, Weste, Miranda, Smyth, McLean
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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CITY CLERK
EIGHTH 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
This EIGHTH 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, (Eighth Amendment) is entered into this day of
2019, between the City of Santa Clarita (City), California, a California
municipal corporation and USA Waste of California, Inc. (Waste Management), 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."
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 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" (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 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, 2019; 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.
NOW, THEREFORE, the City and Waste Management in consideration of their
mutual promises, amend the Amended and Restated Agreement as follows.
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SECTION 1. Exhibit 2 of the Amended and Restated Agreement shall be amended to
contain the following maximum rates commencing July 1, 2019.
• Standard Service Rate $23.28 per month
• Reduced Rate for no Greenwaste services $21.23 per month
• Reduced Rate for Super Saver/Senior/Lifeline Customer $18.17 per month
• Mobile Home Service Rate $17.46 per month
The multi -family rates will be as follows:
Container
Size
Number of Weekly Pickups
1
2
3
4
5
6
7
1.5 yd3
$77.39
$154.78
$232.19
$309.54
$386.94
$464.33
$541.73
2 yd3
$82.50
$164.97
$247.45
$329.98
$412.43
$494.91
$577.41
3 yd3
$92.69
$185.32
$278.04
$370.71
$463.37
$556.07
$648.73
4 yd3
$102.84
1 $205.76
1 $308.58
$411.44
1 $514.30
$617.20 1
$720.05
Special Services
Costs
Street Litter Carts
$22.75 per set per month
Restart Charge
$23.15
Refuse Overage Extra Pickup
$7.73 per pickup
Extra Trash Cart
$15.43 month
Locking Bin
$15.44 per bin per month
Bulk Billing Discount
8%
Extra Bulky Item Pickup
$30.89 per pickup
Additional Bin Cleanings
$54.02 per cleaning
Extra Bin Empties
$54.02 per empty
Compactor Rates
2x comparable bin rate
Late Fees
1.5% per month
Emergency Services
$108.10 per hour
Manure Collection
100% of comparable multifamily bin refuse rate
Prepayment Discount
One month free with 11 months prepaid
SECTION 2. Except as expressly amended herein, all provisions of the Amended
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.
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CITY OF SANTA CLARITA
A California Municipal Corporation
Kenneth W. Striplin
City Manager
ATTEST:
Mary Cusick
City Clerk
APPROVED AS TO FORM:
Joseph Montes
City Attorney
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WASTE MANAGEMENT
M
(CEO, President, Chairman of the Board or any
Vice President)
And By:
(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
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
Signature
Place Notary Seal Above
Signature of Notary Public