HomeMy WebLinkAboutAGENDA REPORT 2017 1018 CCSA REG ITEM 10E ITEM 10.E.
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MOORPARK CITY COUNCIL LD.'/ ac)/7�
AGENDA REPORT 1.10 : —�
TO: Honorable City Council
FROM: Brian Chong, Administrative Services Manager '—
DATE: October 2, 2017 (CC Meeting of 10/18/2017)
SUBJECT: Consider Amendment No. 13 to the Local Street Access Agreement
between the City of Moorpark and Waste Management of California,
Inc., Doing Business as the Simi Valley Landfill and Recycling Center
BACKGROUND
In 1998, the City of Moorpark(City)entered into an agreement with Waste Management of
California, Inc. (WM), doing business as the Simi Valley Landfill and Recycling Center
(Landfill), with the understanding that the Landfill would accept all discarded material from
the City and in consideration of increased vehicle usage of City streets due to the transport
of Moorpark discards to the Landfill. WM would, in turn, compensate the City by paying a
monthly local street access fee.
This original 1998 Agreement has been extended 12 times and currently is set to expire on
October 31, 2017. Proposed Amendment No. 13 would extend the Agreement to
December 31, 2017, to coincide with extensions to the City's solid waste franchise
agreements, which the City Council is considering as a separate agenda item.
In addition, Amendment No. 3 revised the fee calculation method and amount of the Local
Street Access Fees levied upon the Landfill. Amendment No. 3 adjusted the Local Street
Access Fee such that, beginning January 1, 2010, the base rate of$2.50 per ton would be
used to calculate the Fiscal Year Local Streets Access Fee for calendar year 2010. To this
base rate was added the September to September Consumer Price Index (CPI)
adjustment (All Urban Consumers, Los Angeles County, less shelter) percentage
calculated at 86.00% (this is the same CPI formula used during the annual solid waste rate
adjustment) up to a maximum increase of 3.00% annually. In the event that the September
to September calculated CPI decreased, the Local Street Access Fee would remain at the
current calculated rate until such time as the next annual indexing results in a CPI
increase. The new calculated 2010 fee was then used in January 2011 to calculate the
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Honorable City Council
October 18, 2017
Page 2
calendar year rate for 2011 and so on. In summary, each time the CPI factor increases, so
does the Local Streets Access Fee. If the CPI decreases, the fee remains at the highest
calculated rate to date until the CPI factor increases again (the 2017 Local Street Access
Fee is $2.68 per ton).
DISCUSSION
The City Council is being requested to approve an amendment to the Agreement with WM,
extending the Agreement for an additional two months (from October 31, 2017 to
December 31, 2017).
FISCAL IMPACT
The Local Street Access Fee currently generates approximately $58,000 in general fund
revenue annually. Approving the renewal of the Agreement will ensure the continuation of
this revenue.
STAFF RECOMMENDATION
Authorize the City Manager to sign Amendment No. 13 to the Waste Management
Agreement for Local Street Access Fees, extending the Agreement until December 31,
2017, subject to final language approval by the City Manager.
Attachment 1: Draft Amendment No. 13 for Local Street Access
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ATTACHMENT 1
AMENDMENT NO. 13
LOCAL STREET ACCESS AGREEMENT
WASTE MANAGEMENT OF CALIFORNIA, INC.,
DOING BUSINESS AS THE SIMI VALLEY LANDFILL AND RECYCLING CENTER
This Amendment No. 13 to the Local Street Access Agreement, dated April 1, 1998,
between the City of Moorpark, a municipal corporation ("City"), and Waste Management of
California, Inc., a corporation doing business as the Simi Valley Landfill and Recycling
Center and hereinafter referred to as "WM", is made and entered into this day of
, 2017.
RECITALS
WHEREAS, on April 1, 1998, the City and WM entered into a one (1) year
Agreement for Local Street Access; and
WHEREAS, on March 3, 1999, the City and WM entered into Amendment No. 1 to
the Agreement extending the term until June 27, 2004; and
WHEREAS, on October 15, 2003, the City and WM entered into Amendment
No. 2 to the Local Street Access Agreement for an additional five (5)year period extending
the Agreement until June 30, 2009; and
WHEREAS, on July 21, 2009, the City and WM entered into Amendment No. 3 to
the Local Street Access Agreement for an additional five (5) year period extending the
Agreement until June 30, 2014; and
WHEREAS, on June 6, 2014, the City and WM entered into Amendment No. 4 to
the Local Street Access Agreement for an additional six (6) month period extending the
Agreement until December 31, 2014; and
WHEREAS, on December 9, 2014, the City and WM entered into Amendment No. 5
to the Local Street Access Agreement for an additional six(6) month period extending the
Agreement until June 30, 2015; and
WHEREAS, on June 3, 2015, the City and WM entered into Amendment No. 6 to
the Local Street Access Agreement for an additional six (6) month period extending the
Agreement until December 31, 2015; and
WHEREAS, on November 18, 2015, the City and WM entered into Amendment
No. 7 to the Local Street Access Agreement for an additional three (3) month period
extending the Agreement until March 31, 2016; and
WHEREAS, on March 16, 2016, the City and WM entered into Amendment No. 8 to
the Local Street Access Agreement for an additional three (3) month period extending the
Agreement until June 30, 2016; and
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WHEREAS, on June 1, 2016, the City and WM entered into Amendment No. 9 to
the Local Street Access Agreement for an additional six (6) month period extending the
Agreement until December 31, 2016; and
WHEREAS, on October 5, 2016, the City and WM entered into Amendment No. 10
to the Local Street Access Agreement for an additional six(6) month period extending the
Agreement until June 30, 2017; and
WHEREAS, on June 30, 2017, the City and WM entered into Amendment No. 11 to
the Local Street Access Agreement for an additional three (3) month period extending the
Agreement until September 30, 2017; and
WHEREAS, on September 30, 2017, the City and WM entered into Amendment No.
12 to the Local Street Access Agreement for an additional one(1) month period extending
the Agreement until October 31, 2017; and
WHEREAS, the City and WM mutually agree, with Amendment No. 13, to further
extend the term of the Local Street Access Agreement to December 31, 2017.
NOW, THEREFORE, it is mutually agreed by and between the parties to the
Agreement as follows:
Section 3, Term, shall be amended to read, in its entirety, as follows:
"3. Term. The term of this AGREEMENT commences on March 2, 1998, and ends
on December 31, 2017, unless sooner terminated."
II. Other Provisions:
All other provisions of the Agreement shall remain in full force and effect.
In Witness whereof, the parties hereto have caused this Amendment to be executed
the day and year first above written.
CITY OF MOORPARK WASTE MANAGEMENT OF
CALIFORNIA, INC., dba the SIMI VALLEY
LANDFILL AND RECYCLING CENTER
Steven Kueny Scott Tignac
City Manager District Manager
Attest:
Maureen Benson, City Clerk
Amendment No. 13 to Agreement between City of Moorpark and Waste Management of
California, Inc. doing business as the Simi Valley Landfill and Recycling Center Page 2
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