1 RESOLUTION 22 - _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, APPROVING THE ELEVENTH 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
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, 2022 to June 30, 2023; 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, California, does hereby resolve as follows:
SECTION 1. The Eleventh 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 (Eleventh Amendment), a copy of which is attached hereto, is hereby approved. The City Manager is authorized to execute the Eleventh Amendment on behalf of the City.
2 SECTION 2. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 24th day of May 2022
______________________________
MAYOR
ATTEST:
_______________________________
CITY CLERK
DATE:__________________________
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution 22- was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 24th day of May 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
CITY CLERK
3 ELEVENTH AMENDMENT OF THE AMENDED AND RESTATED
AGREEMENT BETWEEN THE CITY OF SANTA CLARITA, CALIFORNIA, AND USA WASTE OF CALIFORNIA, INC., FOR RESIDENTIAL
SOLID WASTE MANAGEMENT SERVICES
This ELEVENTH 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, (Eleventh Amendment) is entered into this day of 2022, 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.; 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, 2022; 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.
4 NOW, THEREFORE, the City and Waste Management in consideration of their mutual promises, amend the Amended and Restated Agreement as follows:
SECTION 1. Exhibit 2 of the Amended and Restated Agreement shall be amended to contain the following maximum rates commencing July 1, 2022:
• Standard Service Rate
• Reduced Rate for no Green waste services
• Reduced Rate for Super Saver/Senior/Lifeline Customers • Mobile Home Service Rate
$26.31 per month
$24.31 per month
$21.06 per month
$19.74 per month
The multi-family rates will be as follows:
Container
Size
Number of Weekly Pickups
1 2 3 4 5 6 7
1.5 yd³ $85.07 $170.13 $255.23 $340.25 $425.33 $510.39 $595.47 2 yd³ $90.68 $181.34 $272.00 $362.72 $453.34 $544.02 $634.70 3 yd³ $101.88 $203.71 $305.62 $407.49 $509.34 $611.25 $713.10 4 yd³ $113.04 $226.17 $339.19 $452.26
$565.32 $678.44 $791.49
Special Services Costs
Street Litter Carts $25.01 per set per month
Restart Charge $25.45
Refuse Overage Extra Pickup $8.50 per pickup
Extra Trash Cart $16.96 month
Locking Bin $16.97 per bin per month
Bulk Billing Discount 8%
Extra Bulky Item Pickup $33.95 per pickup
Additional Bin Cleanings $59.38 per cleaning
Extra Bin Empties $59.38 per empty
Compactor Rates 2x comparable bin rate
Late Fees 1.5% per month
Emergency Services $118.82 per hour
Manure Collection 100% of comparable
multifamily bin refuse rate Prepayment Discount One month free with 11 months prepaid
SECTION 2. Except as expressly amended herein, all provisions of the Amended and Restated Agreement are and remain in full force and effect.
5 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:
Mary Cusick
City Clerk
APPROVED AS TO FORM:
Joseph Montes
City Attorney
WASTE MANAGEMENT
By: _
[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 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 PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature
Signature of Notary Public