AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF MANHATTAN BEACH AND USA WASTE OF CALIFORNIA, INC., DBA WASTE MANAGEMENT OF LOS
ANGELES
This Second Amendment (“Amendment No. 2”) to that certain agreement by and between the City of Manhattan Beach, a California municipal corporation (“City”) and USA Waste of California, Inc., DBA Waste Management of Los Angeles (“Company”) (collectively, the “Parties”) is hereby entered into on December 3, 2024.
RECITALS
A. City and Company entered into a franchise agreement for the Company to provide integrated solid waste management services dated December 10, 2019 (the “Underlying Agreement”);
B. City and Company entered into that certain Amendment No. 1 to the Agreement between the City of Manhattan Beach and USA Waste of California, Inc., DBA Waste Management of Los Angeles, dated July 1, 2020, (together with the Underlying Agreement, the “Amended Agreement”); and
C. The Parties desire to modify the terms and conditions of the Amended Agreement as set forth herein.
NOW, THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereby agree as follows:
Section 1. Section 3.6.4 of the Amended Agreement is hereby amended to read as follows:
3.6.4 Street and Park Litter Containers
Company shall Collect and process all Solid Waste deposited in City’s Street and Park Litter Containers as necessary to prevent overflow at no additional cost at all existing locations. All material in Trash Containers shall be processed to recover Recyclables. However, Company shall be relieved of the requirement to process material in Street and Park Litter Containers if material is significantly contaminated by dog feces, and Company shall report to City monthly the number of loads rejected for processing. All material in Recycling Containers shall be processed and Recyclable material diverted. Additional Recycling Containers and Organics Waste Containers may be added by City for Company Collection at no additional charge. The number of Street and Park Litter Trash Containers to be Collected at no additional charge may be increased by up to five percent during the term at no additional charge. In the event that the City desires to increase the number of Street and Park Litter Containers to be collected by greater than five percent the Parties shall meet and confer to determine whether Company is entitled to a reasonable adjustment to the Rates in accordance with Section 5.5.
In addition to the above requirements, City Street and Park Litter Containers located in the public right of way in the Downtown Manhattan Beach footprint (Valley Blvd. to Ocean Drive. and 9th St. to 15th St.) will be collected at least three times per day and the Strand containers from 1st St. to 15th. St. will be collected at least twice per day. The Street and Park Litter Containers located on Artesia Blvd., Aviation Blvd., Rosecrans Ave. and Sepulveda Blvd. will be collected as needed, but no less than once per week. Company shall not be required to service any Street and Park Litter Containers located on the Manhattan Beach Pier (located at 2 Manhattan Beach Blvd., Manhattan Beach, California 90266) or any Street and Park Litter Containers located within the Metlox Plaza (located at 451 Manhattan Beach Blvd., Manhattan Beach, California 90266). A Docusign Envelope ID: 97545D3E-F5E8-4542-9E41-76BA2DCA9A70
map showing the approximate location of each Street and Park Litter Containers and the service levels is attached to this Amendment No. 2 as Exhibit A.
Section 2. Section 5.4.2 is hereby amended to read as follows:
5.4.2 Rate Adjustment Calculation
The approved Company Compensation shall be based upon the percentage change in the average annual published Consumer Price Index (“CPI”), for Trash and Garbage Collection (CUUROOOOSEHG02), U.S. City average, as published by the United States Department of Labor, Bureau of Labor Statistics, between the calendar year ended the December prior to the Rate Year anniversary date, and the calendar year ended the prior December; provided, however, that an annual rate adjustment calculated in accordance with this Section 5.4.2 shall not be more than 8% per Rate Year. For example, for the first rate increase effective July 1, 2020, the change in indices shall be measured as the percentage change from the average of the monthly indices for calendar year 2018 to the average of the monthly indices for calendar year 2019. An example calculation is included in Exhibit 4. If the index is discontinued, an alternative index must be approved by the City Manager.
Section 3. Section 5.6 is hereby added to the Amended Agreement to read as follows:
5.6 Special Adjustment
Notwithstanding Section 5.4.2, City approves a one-time special rate adjustment to provide an extraordinary increase as requested by the Company. The extraordinary increase will be distributed 2.51% to Residential Single-Family and Multi-Family Cart Customers and 5.4% to Commercial and Multi-Family Bin and Cart Customers including rates for other services. Rates for Temporary Service and Roll-off Boxes are excluded from the extraordinary increase. This increase is due to cost impacts from post-COVID industry changes. The one-time special rate adjustment will be added to the regular annual rate adjustment percentage calculated under Section 5.4.2 effective July 1, 2025, subject to Proposition 218 approval. For example, if the CPI is 8%, and the one-time extraordinary increase is 2.51% for residential and 5.4% for commercial, the Company’s rate adjustment percentage for FY25-26, which begins on July 1, 2025, will be
10.51% for residential and 13.4% for commercial.
Section 4. Effect of Second Amendment . Except as specifically amended by this Second Amendment, all other provisions of the Amended Agreement shall remain in full force and effect.
Section 5. Notice. All notices, demands, requests, proposals, approvals, consents and other communications which this Second Agreement requires, authorizes or contemplates shall be made in accordance with Section 11.12 of the Amended Agreement.
Section 6. Governing Law. This Second Amendment shall be governed by, and construed and enforced in accordance with, the laws of the State of California without regard for its conflicts of laws principles, and the City’s Municipal Code.
Section 7. Authorization. Each party to this Second Amendment hereby represents and warrants to the other party that: (a) it has the full right, power, and authority to enter into this Second Amendment and to perform its obligations hereunder; and (b) the execution of this Second Amendment by the individual whose signature is set forth at the end of this Second Amendment on behalf of such party, and the delivery of this Second Amendment by such party, have been duly Docusign Envelope ID: 97545D3E-F5E8-4542-9E41-76BA2DCA9A70
authorized by all necessary action on the part of such party.
Section 8. Further Assurances. Each Party agrees to execute and deliver any instruments and to perform any acts as may be necessary or reasonably requested by the other in order to give full effect to this Second Amendment . The Parties agree to act reasonably in exercising any action, discretion, judgment, approval or extension of time that may be required to affect the purpose and intent of this Second Amendment . Whenever the approval or consent of a Party is required under this Second Amendment such consent shall not be unreasonably withheld or delayed.
Section 9. Counterparts. This Second Amendment may be executed in counterparts, each of which is deemed an original, but all of which constitute one and the same agreement. Delivery of an executed counterpart of this Second Amendment electronically or by facsimile shall be effective as delivery of an original executed counterpart of this Second Amendment.
[signature page follows ]
Docusign Envelope ID: 97545D3E-F5E8-4542-9E41-76BA2DCA9A70
IN WITNESS THEREOF, the Parties hereto have executed this Second Amendment on the day and year on the dates stated below.
CITY OF MANHATTAN BEACH : USA WASTE OF CALIFORNIA , INC.:
By: _____________________________
By: __________________________________
Name: Talyn Mirzakhanian
Title: City Manager
Date: ___________________________
Name: Mike Hammer
Title: President – Southern California Area
Date: ________________________________
ATTEST:
By: _____________________________
Name: Liza Tamura
Title: City Clerk
Date: ___________________________
APPROVED AS TO FORM:
By: _____________________________
Name: Quinn M. Barrow
Title: City Attorney
Date: ___________________________
APPROVED AS TO FISCAL IMPACT:
By: _____________________________
Name: Onyx Jones
Title: Interim Finance Director
Date: ___________________________
APPROVED AS TO CONTENT:
By: _____________________________
Name: Erick Lee
Title: Public Works Director
Date: ___________________________
Docusign Envelope ID: 97545D3E-F5E8-4542-9E41-76BA2DCA9A70 11/26/2024
PACIFIC AVE
41ST ST
33RD ST
35TH ST
36TH ST
32ND ST
31ST ST
BELL AVE
26TH ST
MANHATTAN AVE
THE STRAND 2ND ST
SEPULVEDA BLVD
MEADOWS AVE
9TH ST
18TH ST
POINSETTIA AVE
AVIATION WAY
ARDMORE AVE
8TH ST
11TH ST
2ND ST
10TH ST
6TH ST
HIGHLAND AVE
ROSECRANS AVE
AVIATION BLVD
MARINE AVE
PACIFIC AVE PECK AVE
35TH ST
ROWELL AVE
OAK AVE
HERRIN ST
5TH ST
MANHATTAN BEACH BLVD
HARKNESS ST
21ST ST
CREST DR
15TH ST
18TH ST
ARTESIA BLVD
17TH ST
36TH ST
36TH PL
DIANTHUS ST
31ST PL
30TH ST
33RD PL
29TH ST
BLANCHE RD
24TH ST
4TH ST
6TH PL
MANHATTAN AVE
20TH PL
27TH ST
CURTIS AVE
PARKVIEW AVE
33RD ST
12TH ST
RUHLAND AVE
13TH ST
JOHN ST
DUNCAN AVE
BOUNDARY PL
25TH ST
14TH ST
HERRIN AVE
45TH ST
REDONDO AVE
MARINE AVE
VALLEY DR
AVIATION PL
34TH ST
18TH ST
27TH ST
17TH ST19TH ST
19TH ST
30TH ST
15TH ST
33RD ST WALNUT AVE
12TH ST
1ST ST
14TH ST
PINE AVE
33RD ST
9TH ST
8TH ST
11TH ST
OCEAN DR
2ND ST
10TH ST
6TH ST
VALLEY DR
HIGHLAND AVE
ROSECRANS AVE
AVIATION BLVD
MARINE AVE
SEPULVEDA BLVD
PACIFIC AVE
27TH ST
PECK AVE
ARDMORE AVE
35TH ST
MEADOWS AVE
ROWELL AVE
19TH ST
OAK AVE
ELM AVE
HERRIN ST
31ST ST
5TH ST
23RD ST
POINSETTIA AVE
3RD ST
MANHATTAN BEACH BLVD
PINE AVE
VISTA DR
HARKNESS ST
ALMA AVE
21ST STCREST DR
15TH ST
18TH ST
ARTESIA BLVD
1ST ST
17TH ST
36TH ST
35TH PL
36TH PL
DIANTHUS ST
31ST PL
30TH ST
33RD PL
29TH ST
BLANCHE RD
24TH ST
4TH ST
WALNUT AVE
7TH ST
26TH ST
MAPLE AVE
CEDAR WAY
MANHATTAN AVE
20TH PL
LAUREL AVE
GATES AVE
JOHN PL
BAYVIEW DR
28TH ST
CURTIS AVE
34TH ST
WENDY WY
11TH PL
32ND ST
PACIFIC PL
JOHNSON ST
MAGNOLIA AVE
PARKVIEW AVE
NELSON AVE
33RD ST
12TH ST
MANZANITA LN
RUHLAND AVE
MATHEWS AVE
DUNCAN PL
FAYMONT AVE
13TH ST
LYNNGROVE DR
PALM AVE
3RD PL
VOORHEES AVE
4TH PL
CARLOTTA WAY
JOHN ST
DUNCAN AVE
KEATS ST
KUHN DR
5TH PL
BELL AVE
16TH ST
19TH PL
6TH PL
BOUNDARY PL
25TH ST
MAGNOLIA WAY
15TH PL
HIGHVIEW AVE
16TH PL
14TH ST
18TH PL
HERRIN AVE
7TH PL
LARSSON ST
17TH PL
2ND PL
CEDAR AVE
8TH PL
21ST PL
1ST PL
41ST ST
38TH ST
VILLAGE CIR
40TH ST
44TH ST
45TH ST
39TH ST
ANDERSON ST
TENNYSON ST
PROSPECT AVE
43RD ST
42ND ST
9TH PL
FAIRWAY DR
MANOR DR
38TH PL
AGNES RD
23RD PL
REDONDO AVE
RONDA DR
22ND ST
KELP ST
GULL ST
20TH ST
CHABELA DR
CHESTNUT AVE
SHELLEY ST
14TH PL
SHELL ST
27TH PL
SAUSALITO CIR
34TH PL
MARINE PL
26TH PL
12TH CT
30TH PL
PARK PL
WESTPORT
32ND PL
MORNINGSIDE DR
GATEWAY DR
FRANCISCO ST
LONGFELLOW DR
SEAVIEW ST
29TH PL
FLOURNOY RD
EL PORTO ST
28TH PL
MARKET PL
VILLAGE CENTER DR
VILLAGE DR
10TH PL
CHATHAM
FISHER AVE
36TH WAY
DUNCAN DR
BRIDGEPORT
ALTURA WY
MOONSTONE ST
GRANDVIEW AVE
24TH PL
MALAGA WY
RAILROAD PL
HOMER ST
ROSECRANS PL
CARRIAGE PL
MARRIOTT DR
LAUREL SQ
DEEGAN PL
31ST WAY
13TH PL
12TH PL
ARDMORE WY
CAMBRIDGE
CENTER PL
25TH PL
CAMINO CARDINELL
TERRAZA PL
VILLA ESCUELA
CHURCH ST
MALAGA PLE
DOVER PL
HALEY WY
CATALINA CT
MALAGA PLW
27TH WAY
STRATFORD
ARBO LADO CT
HOMER PL
INGLESIDE DR
BERMUDA CT
BRYANT PL
CORONADO CT
CAYMAN CT
GRENADA CT
MONTEREY CT
TIBURON CT
CORDOBA CT
LAFAYETTE CT
SAN MIGUEL CT
33RD ST
MANHATTAN AVE
BAYVIEW DR
14TH ST
1ST ST
3RD ST
1ST PL
2ND PL HOMER ST
HOMER ST
22ND ST
6TH ST
MARINE PL
3RD ST
23RD ST
36TH ST
WALNUT AVE
35TH PL
CREST DR
21ST ST
9TH PL
19TH ST
29TH ST
24TH PL
18TH ST
19TH ST
26TH ST
34TH PL
21ST PL
8TH PL
33RD ST
CREST DR
14TH ST
PECK AVE
9TH ST
12TH PL
28TH PL
6TH ST
11TH ST
20TH ST
28TH ST
CENTER PL
18TH ST
17TH ST
35TH PL
13TH PL
PALM AVE
OAK AVE
23RD ST
24TH PL
1ST PL
32ND PL
VISTA DR
CREST DR
MARINE PL
27TH ST
7TH PL
8TH ST
12TH ST
18TH ST
MARINE PL
34TH PL
36TH PL
CURTIS AVE
23RD PL
14TH ST
7TH PL
5TH ST
30TH ST
23RD PL
30TH PL
LONGFELLOW DR
1ST PL
ELM AVE36TH PL
18TH ST
24TH PL
15TH ST
28TH PL
25TH PL
14TH ST
10TH PL
35TH ST
GATES AVE
33RD ST
11TH PL
12TH ST
31ST ST
POINSETTIA AVE
12TH ST
25TH ST
JOHN ST
2ND ST
36TH PL
6TH PL
GRANDVIEW AVE
AGNES RD
13TH ST
25TH PL
VOORHEES AVE
1ST PL
28TH PL
31ST PL
2ND PL
3RD ST
5TH ST
17TH ST
10TH PL
1ST ST
29TH PL
FLOURNOY RD
17TH ST
33RD PL
8TH PL
21ST ST
PINE AVE
LAUREL AVE
11TH PL
23RD PL
10TH ST
5TH ST
23RD ST
MARINE AVE
30TH ST
12TH ST
CHESTNUT AVE
18TH ST
1ST ST
BELL AVE
36TH PL
BAYVIEW DR
9TH PL
3RD ST
REDONDO AVE
10TH PL
Total = 558
Trash, Blue Tile Square (50)
Trash, Blue Plastic Lid (134)
Trash, Green Plastic Lid (100)
Trash, Square Concrete Lid (116)
Trash, Big Belly Solar (30)
Recycle, Green Tile Square (17)
Recycle, Blue Plastic Lid (7)
Recycle, Orange Plastic Lid (5)
Recycle, Square Concrete Lid (69)
Recycle, Big Belly Solar (30)
City of Manhattan Beach
Trash and Recycle Bin Locations
µ
Oct 2024
The rest of the public containers citywide are
serviced 1x per day, 7 days per week (397)
Service Level
Serviced 2x per day, 7 days per week (98)
Serviced 3x per day, 7 days per week (31)
Serviced As Needed, but no less than 1x per week (32)