HomeMy WebLinkAbout2013-05-28 - RESOLUTIONS - SECOND AMEND USA WASTE (2)' RESOLUTION NO. 13-25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA, CALIFORNIA,
APPROVING THE SECOND 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 l I of .the California
Constitution, California Public Resources Code Section 40059 authorizes the City to determine
all aspects of handling of sdlid 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,
2013, to June 30, 2014; 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 City Council does hereby find, determine, and declare
pursuant to California Public Resources Code Section 40059(a)(1) and Section 7 of Article 11
of the California Constitution that the public health, safety, and well-being require approval of '
that certain "Second 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" (Second Amendment), a copy of which is attached. The City Manager is authorized
to execute the Second Amendment on behalf of the City, and such Second Amendment is
hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 28th day of May, 2013
AYOR
ATTEST:
DATE: 6 —;) o " l --)j
L
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CL,ARITA)
I, Armine Chaparyan, Interim 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 28th day of May, 2013, by the following vote:
AYES
NOES:
ABSENT:
COUNCILMEMBERS. McLean, Ferry, Weste, Boydston, Kellar
COUNCILMEMBERS: . None
COUNCILMEMBERS: None
SECOND AMENDMENT Oh THE 1
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 SECOND 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, (Second Amendment) is entered into this
day of 2013,
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, 2013; 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. 1
NOW, THEREFORE, the City and Waste Management in consideration of their
mutual promises, amend the Amended and Restated Agreement as follows:
' SECTION 1, Amend Section 6.2.2 to read as follows.
6.2.2 Maximum Rates
The rates Company Bills to Customers shall not exceed the Maximum Rates set forth in Exhibit 2.
SECTION 2, Exhibit 2 of the Amended and Restated Agreement, originally entitled
"Initial Maximum Rates" shall be retitled as "Maximum Rates" and shall be amended to contain
the following maximum rates commencing July 1, 2013:
• Standard Service Rate $20.19 per month
• Reduced Rate for no Greenwaste services $18.11 per month
• Reduced Rate for Super Saver/Senior/Lifeline Customers $16.16 per month
• Mobile Home Service Rate $15.16 per month
The multi -family rates will be as follows:
Container
Costs
Street Litter Carts
Number of Weekly
Pickups
$18.21
Refuse Overage Extra Pickup
Size
1
2
3
4
5
6
7
1.5 yd'
$60.88
$121.78
$182.66
$243.52
$304.41
$365.30
$426.18
2 yd'
$64.90
$129.78
$194.68
$259.59
$324.47
$389.35
$454.25
3 yd'
$72.92
$145.79
$218.74
$291.64
$364.54
$437.46
$510.37
4 yd'
$80.91
1 $161.87
1 $242.77
$323.68
$404.62
$485.56
$566.47
Special Services
Costs
Street Litter Carts
17.90 per set per month
Restart Charge
$18.21
Refuse Overage Extra Pickup
$6.08 per pickup
Extra Trash Cart
$12.14 per month
Locking Bin
$12.15 per bin per month
Bulk Billing Discount
8%
Extra Bulky Item Pickup
1$24.29 per pickup
Additional Bin Cleanings
$42.51 er cleaning
Extra Bin Empties
$42.51 per empty
Compactor Rates
2x comperable bin rate
Late Fe6s
1.5% per month
Emergency Services
$85.03 per hour
Manure Collection
100% of com erable multifamily bin refuse rate
Prepayment Discount
One month free with I 1 months prepaid
(Signatures on next page)
2
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:
Armine Chaparyan
Interim City Clerk
APPROVED AS TO FORM:
Joe Montes
City Attorney
3
1 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
Neme(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.
Place Nmry Seal Above
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.
n
Signature of Nompy Public