HomeMy WebLinkAbout2020-05-26 - RESOLUTIONS - APPROVING THE NINTH AMEND OF THE AMENDED AND RESTA (2)' RESOLUTION 20-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
CLARITA, CALIFORNIA, APPROVING THE NINTH 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 I 1 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, 2020
to June 30, 2021; 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 "Ninth 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" (Ninth Amendment), a copy of which is attached hereto, is hereby
approved. The City Manager is authorized to execute the Ninth Amendment on behalf of the
' City.
SECTION 2. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 26`h day of May 2020.
'M4 I
ATTEST:
CITY CLERK
DATE:
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. 20-25 was duly adopted by the City Council of the City of Santa
Clarita at a special meeting thereof, held on the 26th day of May 2020, by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
McLean, Miranda, Kellar, Weste, Smyth
None
None
2
CITY CLERK
' NINTH AMENDMENT OF THEAMENDED AND RESTATED
AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND
USA WASTE OF CALIFORNIA, INC., (WASTE MANAGEMENT) FOR
RESIDENTIAL SOLID WASTE MANAGEMENT SERVICES
This NINTH 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, (Ninth Amendment) is entered into this 26`s day of May
2020, between the City of Santa Clarita (City), California, a California municipal
corporation 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."
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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, 2020; 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:
SECTION 1. Exhibit 2 of the Amended and Restated Agreement shall be amended
to contain the following maximum rates commencing July 1, 2020:
• Standard Service Rate $23.87 per month
• Reduced Rate for no Greenwaste services $21.87 per month
• Reduced Rate for Super Saver/Senior/Lifeline Customers $19.10 per month
• Mobile Home Service Rate $17.90 per month
The multi -family rates will be as follows:
Container
Number of Weekly Pickups
Size
1
2
3
4
5
6
7
1.5 yd3
$80.66
$161.31
$241.99
$322.60
$403.27
$483.92
$564.59
2 yd3
$85.98
$171.93
$257.89
$343.91
$429.83
$515.80
$601.78
3 yd3
$96.60
$193.14
$289.77
$386.35
$482.92
$579.54
$676.11
4 yd3
1 $107.18
$214.44
$321.60
$428.80
$536.00
$643.25
$750.44
Special Services
Costs
Street Litter Carts
$23.71 per set per month
Restart Charge
$24.13
Refuse Overage Extra Pickup
$8.06 per pickup
Extra Trash Cart
$16.08 month
Locking Bin
$16.09 per bin per month
Bulk Billing Discount
8%
Extra Bulky Item Pickup
$32.19 per pickup .
Additional Bin Cleanings
$56.30 per cleaning
Extra Bin Empties
$56.30 per empty
Compactor Rates
2x comparable bin rate
Late Fees
1.5% per month
Emergency Services
$112.66 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 and
Restated Agreement are and remain in full force and effect.
I
' 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:
Mary Cusick
City Clerk
APPROVED AS TO FORM:
' Joseph Montes
City Attorney
C
WASTE MANAGEMENT
By. 1
[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)
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 1
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.
Place Notary Seal Above
Sibmature of Notary Public
1