RESOLUTION NO. 2023-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,
CALIFORNIA, APPROVING AN AMENDMENT TO THE AMENDED AND
RESTATED EXCLUSIVE FRANCHISE AGREEMENT WITH ADVANCE
DISPOSAL FOR PROVISION OF SOLID WASTE HANDLING SERVICES WITHIN THE CITY LIMITS OF THE CITY OF HESPERIA.
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HEREAS, on April 20, 2000, the City of Hesperia, California and Bestway Disposal, Inc., dba Advance Disposal (Advance Disposal) entered into an Agreement and Exclusive Permit for the collection and disposal of solid waste within the City of Hesperia; and W
HEREAS, on February 21, 2012, the City of Hesperia and Advance Disposal entered into an agreement and Restated Exclusive Franchise Agreement for the collection and disposal of solid waste within the City of Hesperia; and
W
HEREAS, the Amendment of 2012 was drafted in accordance with the provisions of Assembly Bill 939 (AB 939), the California Integrated Waste Management Act of 1989 which required each California County and City to reduce landfill waste by 25% in 1995 and 50% by 2000; and W
HEREAS, Senate Bill 1383 (SB 1383) was signed into California law in 2016, establishing statewide methane emission reduction goals. Methane emission resulting from the decomposition of organic waste in landfills are a significant source of greenhouse gas (GHG) emissions contributing to global climate change. The goal being to reduce the amount of o rganic material disposed in landfills by 75% by 2025; and
WHEREAS, a new section 6.5.4 will be added to the existing Agreement with the title of Procurement and will include that the Franchisee shall annually procure a quantity of recovered organic waste products sufficient to meet or exceed City’s annual organic waste procurement target; and
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HEREAS, a new section 8 will be added to the existing Agreement with the title of Due Execution which shall include a general overview referencing the person executing the amendment is authorized to do so; and
WHEREAS, the amendment to the Agreement will include that compliance is to encompass collecting, maintaining and providing the City with all records and information necessary to respond to requests from San Bernardino Count y regarding the amount of organic waste recycling; and
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HEREAS, the amendment to the Agreement will also include that neither party intends that a change in the collection program shall result in Franchisee suffering losses outside the commercially reasonable expectations of the parties, and each has an obligation to the other to act reasonably and to cooperate in arriving at an appropriate Rate adjustment subject to a Prop 218 hearing; and
WHEREAS, the City Council has determined that the provisions of the Amendment to Advance Disposal Franchise Agreement Establishing Procurement and Capacity Planning as identified in Resolution City Council No. 2023-13
Franchise Agreement Amendment
“Attachment 2” are fair and reasonable for the additional solid waste collection and disposal services to be provided by Advance Disposal.
NO
W THEREFORE, BE IT RESOLVED BY THE CITY OF HES PERIA CITY COUNCIL AS FOLLOWS:
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ection 1. All of the recitals in this Resolution, as set forth above, are true and correct.
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ection 2. The City Council of the City of Hesperia hereby approves the Amended and Restated Exclusive Franchise Agreement with Advance Disposal for provision of solid waste handling services within the city limits of the City of Hesperia.
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ection 3. The effective date of this R esolution shall be March 7, 2023, at which time the Amended and Restated Exclusive Franchise Agreement with Advance Disposal shall be amended as detailed herein
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ection 4. That City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
A
DOPTED AND APPROVED this 7th day of March 2023.
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B
rigit Bennington, Mayor
ATTEST:
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Erin Baum
Assistant City Clerk