HomeMy WebLinkAbout2014-05-27 - RESOLUTIONS - USA WASTE OF CA SOLID WASTE (2)' RESOLUTION NO. 14-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA, CALIFORNIA,
APPROVING THE THIRD AMENDMENT OF THE AMENDED AND RESTATED
AGREEMENT BETWEEN THE CITY OF SANTA CLARrrA 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, 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 "Third 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" (Third Amendment), a copy of which is attached hereto, is hereby
approved. The City Manager is authorized to execute the Third Amendment on behalf of the
' City.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution. I
PASSED, APPROVED, AND ADOPTED this 27th day of May 2014.
ATTEST:
DATE: ! /�> I
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Armin 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 27th day of May 2014, by the following vote:
AYES: COUNCILMEMBERS: Kellar, Acosta, McLean, Boydston, Weste
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
2
THIRD 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
This THIRD 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,
(Third Amendment) is entered into this day of 2014, 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, 2014; 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:
[ I I
SECTION 1. Exhibit 2 of the Amended and Restated Agreement shall be amended to
contain the following maximum rates commencing July 1, 2014:
• Standard Service Rate $21.08 per month
• Reduced Rate for no Greenwaste services $19.08 per month
• Reduced Rate for Super Saver/Senior/Lifeline Customers $16.86 per month
• Mobile Home Service Rate $15.83 per month
The multi -family rates will be as follows:
Container
Costs
Street Litter Carts
Number of Weekly Pickups
Restart Charge
$19.02
Size
1
2
3
4
5
6
7
1.5 yd3
$63.58
$127.17
$190.75
$254.31
$317.90
$381.48
$445.06
2 yd3
$67.78
$135.53
$203.30
$271.09
$338.84
$406.60
$474.37
3 yd3
$76.15
$152.25
$228.43
$304.56
$380.69
$456.84
$532.98
4 yd3
$84.49
$169.04
$253.52
$338.02
$422.54
$507.07
$591.56
Special Services
Costs
Street Litter Carts
$18.69 per setper month
Restart Charge
$19.02
Refuse Overage Extra Pickup
$6.35 per pickup
Extra Trash Cart
$12.68 per month
Locking Bin
$12.69 per bin per month
Bulk Billing Discount
8%
Extra Bulky Item Pickup
$25.37 per pickup
Additional Bin Cleanings
$44.39 per cleaning
Extra Bin Empties
$44.39 per em t
Compactor Rates
2x com arable bin rate
Late Fees
1.5% per month
Emergency Services
$88.80 per hour
Manure Collection
100% of comparable multifamily bin refuse rate
Prepayment Discount
One month free with 11 months re aid
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 fust above written.
CITY OF SANTA CLARITA
A California Municipal Corporation
Kenneth W. Striplin, City Manager
ATTEST:
Armin Chaparyan
Interim City Clerk
APPROVED AS TO FORM:
Joseph Montes
City Attorney
By.
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 )
cetore 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 PERIURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
Place Notary Seal Above
4