HomeMy WebLinkAbout2021-05-25 - RESOLUTIONS - 10TH AMEND USA WASTE CONTR (2)RESOLUTION 21-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, APPROVING THE TENTH 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, 2021
to June 30, 2022; 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 "Tenth 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" (Tenth Amendment), a copy of which is attached hereto, is hereby
approved. The City Manager is authorized to execute the Tenth Amendment on behalf of the
City.
Page 1 of 2
SECTION 2. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 25th,day of May 2021
ATTEST:
PlAiNg",
P"AlAffl. MJM�
DATE:] } �T
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 21-20 was 'duly adopted by the City Council of the City of Santa Clarita at
a regular meeting thereof, held on the 25th day of May 2021, by the following vote:
AYES: COUNCILMEMBERS: Weste, Gibbs, McLean, Smyth, Miranda
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
0 V% r 0�t IN I � e a
-10-6 V =1P4
1
Page 2 of 2
TENTH AMENDMENT OF THE AMENDED AND RESTATED
AGREEMENT BETWEEN THE CITY OF SANTA CLARITA, CALIFORNIA,
7,11 AND USA WASTE OF CALIFORNIA, INC., (WASTE MANAGEMENT) FOR
RESIDENTIAL SOLID WASTE MANAGEMENT SERVICES
This TENTH 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, (Tenth Amendment) is entered into this 261h day of May
2021, 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.;
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, 2021; 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, 2021:
• Standard Service Rate $25.06 per month
• Reduced Rate for no Greenwaste services $22.96 per month
• Reduced Rate for Super Saver/Senior/Lifeline Customers $20.06 per month
• Mobile Home Service Rate $18.80 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
$82.45
$164.89
$247.36
$329.76
$412.22
$494.66
$577.12
2 yd3
$87.89
$175.75
$263.62
$351.54
$439.37
$527.25
$615.14
3 yd3
$98.74
$197.43
$296.20
$394.93
$493.64
$592.41
$691.12
4 yd3
$109.56
i $219.20
$328.74
$438.32
$547.90
$657.53
$767.10
Special Services
Costs
Street Litter Carts
$24.24 per set per month
Restart Charge
$24.67
Refuse Overage Extra Pickup
$8.24 per pickup
Extra Trash Cart
$16.44 month
Locking Bin
$16.45 per bin per month
Bulk Billing Discount
8%
Extra Bulky Item Pickup
$32.90 per pickup
Additional Bin Cleanings
$57.55 per cleaning
Extra Bin Empties
$57.55 per empty
Compactor Rates
2x comparable bin rate
Late Fees
1.5% per month
Emergency Services
$115.16 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.
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
I
WASTE MANAGEMENT
[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
Place Notary Seal Above
Signature
Signature of Notary Public
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. '