HomeMy WebLinkAbout2012-05-22 - RESOLUTIONS - SOLID WASTE FRANCHISE AMEND (2)I�ESOLUTION.NO. 12-26
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA, CALIFORNIA,
APPROVING THE FIRSTAMENDMENT OFTHE 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 is empowered under Section 7 of Article I I of the California
Constitution to make and enforce.within its limits, all police and sanitary ordinances and
reguLlIations not in conflict with general laws; and
WHEREAS, in partial implementation of Section 7 of Article I I 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 ofwaste 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", and
WHEREAS, on May 24, 2011: the City Council directed staff to execute an amended
and restated Agreement with Waste Management (the Agreement); and
WHEREAS, pursuant to Section 63 of the Agreement, Waste Management is entitled
to pursue an annual adjustment to its maximum rates for the rate year commencing on July I
2012; to June '30, 2013); and
WHEREAS, the City and Waste Management desire to amend the Agreement by
increasing the maximum rates as outlined in Sections 6.3 and 6.4 of the Agreement.
NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does
heieby resolve as follows:
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SECTION 1. The City Council does hereby find, determine, and declare pursuant to
California Public Resources Code Section 40059(a)(1) and Section 7 of Article I I of the
California Constitution that the.pUblic health, safety, and well-being require approval of that
certain "First Arriendincm of the Amended and Restated Agreement Between the City of Santa
Clarita and USA Waste of California, Inc., for Residential Solid Waste Management Services"
(First Amendment), a copy of which is attached. The City Manager is authorized to execute the
First Amendment on behalf of the City and Such First Amendment is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 22nd day of May 2012.
MAYOR
ATT EST:
�F� ezu�
pGtTrY CLERK
DATE: (, 4 14 z/
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA CLARjTA)
1, Sarah P. Gorman, City Clerk of the City of Santa Clarita, do hereby certify that the
foreg-oing- Resolution A,as.dulv adopted by the City Council of the City of Santa Clarita at a
regular ineeting thereof., held on the 22nd day of May 2012� by the following vote:
AYES: COUNCILMEMBERS: McLean, Weste, Kellar, Boydston, Ferry
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
STATE OFCALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OFSANTA CLARITA
CERTIFICATION OF
CITY COUNCIL RESOLUTION
1, 1 City Clerk of the City of Santa Clarita, do hereby
certify that this is a true and correct copy of the original Resolution 12-26 adopted by the City
Council of the City of Santa Clarita, California on May 22, 2012, which is now on file in illy
office.
Witness my hand and seal ofthe City of Santa Clarita, California, this _ day of 20
City Clerk I
By
Deputy City Clerk
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FIRSTAMENDMENT OF THE
AMENDED AND RESTATED AGREEMENT
BETWEEN THE CITY OF SANTA CLARITA AND
USA WASTE OF CALIFORNIA, INC., (WASTE MANAGEMENT) FOR
RESIDENTIAL SOLID WASTE MANAGEMEN'r SERVICES
This 17IRST AMENDMENT OF THE AMENDED AND RESTATED
AGREEMENT BETWEEN TI IE CITY OF SANTA CLARITA AND USA WASTE
OF CALIFORNIA, INC., (WASTE MANAGEMENT) FOR RESIDENTIAL SOLID
WASTE MANAGEMENT SERVICES, (First Amendment) is entered into this —day
of 2012, between the City of
Santa Clarita, California, a California municipal corporation (City) and USA Waste of
California, hic., a California corporation to amend that certain"Arnended and Restated
Agreement Between the City ofSanta Clarita and USA Waste of California, Inc., for
Residential Solid Waste Management Services" (the A.-reement).
RECITALS
WHEREAS, the City is empowered under Section 7 of Article I I of the
California COnStitUtion to make and enforce. within its limits, all police and sanitary
ordinances and regUlatiOnS not ill conflict With general laws; and
WHEREAS, in partial implementation of Section 7 of Article I I of the California
ConStitUtiOn. Ca I iforni a PlAb I ic Resources Code Section 40059 a lathorizes 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 handlin.o services; and
.WHEREAS, on November 20, 2003� the City and USA Waste of California, Inc.,
(Waste Mana.-ement) entered into that certain "Agreement Between the City of Santa
Clarita and USA Waste of California, Inc., (Waste Managernent) for Residential Solid
Waste Management Services"; and
WHEREAS, oil May 24, 2011 � the City Council directed staff to execute all
amended and restated A.-reernent with Waste Management (the A.-reernent); and
WHEREAS, pUrSUant to Section 63 of the A.-reement, Waste Management is
entitled to pursue all annual adjustment to its maximum rates for the rate year
commencino oil Julyl, 2012, toJLlne 30, 2013.
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NOW, THEREFORE, the City and Waste Management in consideration of their
1111-Itual promises, amend the Agreement as follows:
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SECTION 1. The maximum rates set forth in Exhibit 2 are hereby adjusted to
the following for the rate year commencing.luly I � 2012 and shall reillain in effect
thereafter, unless further adjusted or amended pursuant to the provisions of this
Agreement.
• Standard Service Rate 19.36 per month
• Reduced Rate For no Greenwaste Services 1736 per month
• Reduced Rate for Senior/Lifeline Customers 15.49 per month
• Mobile Home Service Rate $14.53 per month
The multifamily rates will be as follows:
Container
Costs
Street Litter Carts
$17.16 per set per month
Restart Cliar.-e
Number
of Week]- PickLIPS
S5.83) per pickup
Size
$11.65 per bin per month
1
2
3
4
5
6
7
1.5 yd'
$58.36
2x comparable bin rate
$116.75
$175.11
$233.47
$291.83
$350.21
$408.57
2 yd'
S62.22
Super Saver Discount -20%
$124.41
$186.64
$248.87
$311.06
$373.26
$435.48
3
yd
$69.92
$139.77
$209.70
$279.59
$349.48
$419.338
$489.28
4 yd'
$77.57
$155.18
S232.74
$3 103 1
$387.91
$465.50
$543.06
Special Services
Costs
Street Litter Carts
$17.16 per set per month
Restart Cliar.-e
$17.46
Refuse Overa.-C Extra Pickup
S5.83) per pickup
Lockinbo Bill
$11.65 per bin per month
Bulk Billin.- Discount
8%
Extra Bulk), Itern Pickup
$23.29 per pickup
Additional Bin Clean i n os-
$40.75 per cleaning
Extra Bill Empties
$40.75 per empty
Compactor Rates
2x comparable bin rate
Late Fees
1.5% per month ($3.00 minimum)
Emergency Services
$81.52 per hour
Manure Collection
100% of comparable multifamily bill refuse rate
Prepayment Discount
One month free with I I months prepaid
Super Saver Discount -20%
Offered to residents generating minimal trash
SECTION 2. Except as expressly modified in this First Amendment, all other
provisions ofthe Agreement are and remain in effect.
(Signatures Oil next page)
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IN WITNESS WHEREOR the parties have exeCUted this Agreement as of tile
date first above written.
CITY OF SANTA CLARrrA
A California MUnicipal Corporation
Ken Pulskamp, City Manager
ATTEST:
Sarah German
City Clerk
APPROVED AS TO FORM:
Joe montes
City Attorney
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By:
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WASTE MANAGEMENT
BY:
[CEO, President, Chairman of the Board or
any Vice President]
And By:
[The Secretary, any assistant secretary, CFO
orany assistant treasuier]
State of Cali fainia
COUnty of
Oil -belore me,
D.to r.m N,,.,o..d I t1b, 0 th� Offi�o,
N..�(�) of Sin�,(�)
who proved to me on tire basis of satisfactory
evidence to be the person(s) whose name(s) is/are
Subscribed to the within instrument and
acknowledged to me that lie/she/they executed the
same in his/heT/their authorized capacity(ies), and that
by his/her/their signature(s) oil the instrument tire
person(s), or the entity upon behalf of which the
petson(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY Under the
laws of tire State of California that the foregoing
paragraph is true and coi i ect.
WITNESS my hand and official sea].
S,,�.Iu,o fNwa, Pubh�
111,�o N.Ion S�,,l Ab.,�
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