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Home My WebLink AboutAGENDA REPORT 2018 0321 CCSA REG ITEM 10R CITY OF MOORPARK, CALIFORNIA City of Moorpark of March 21, 2018 ACTION A rc ed staff recomniend°ation By M Benson Item: 10.R. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Brian Chong, Assistant to the City Manager DATE: March 8, 2018 (CC Meeting of 3/21/2018) SUBJECT: Consider Amendment No. 15 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 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 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 14 times and currently is set to expire on March 31 , 2018 Proposed Amendment No 15 would extend the Agreement to June 30, 2018, to coincide with extensions to the City's solid waste franchise agreement with G I Industries (also owned by WM), which the City Council is considering as a separate agenda item The Local Street Access Fee for calendar year 2018 is $2 74 per ton of solid waste taken to the Simi Valley Landfill and Recycling Center Pursuant to the Local Street Access Agreement, the fee is adjusted annually based on a Consumer Price Index (CPI)-based calculation, with the next adjustment to become effective on January 1 , 2019 174 Honorable City Council March 21, 2018 Regular Meeting Page 2 DISCUSSION The City Council is being requested to approve an amendment to the Agreement with WM, extending the Agreement for an additional three months (from March 31, 2018 to June 30, 2018). FISCAL IMPACT The Local Street Access Fee currently generates approximately $60,000 in general fund revenue annually. Approving the renewal of the Agreement will ensure the continuation of this revenue. Not extending the Agreement would result in the loss of approximately $15,000 of budgeted Fiscal Year 2017/18 revenue because the Agreement would expire on March 31, 2018. STAFF RECOMMENDATION Authorize the City Manager to sign Amendment No. 15 to the Waste Management Agreement for Local Street Access, extending the Agreement until June 30, 2018, subject to final language approval by the City Manager. Attachment: Draft Amendment No. 15 for Local Street Access Agreement 175 AMENDMENT NO. 15 LOCAL STREET ACCESS AGREEMENT WASTE MANAGEMENT OF CALIFORNIA, INC., DOING BUSINESS AS THE SIMI VALLEY LANDFILL AND RECYCLING CENTER This Amendment No. 15 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 ____________________, 2018. 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 176 Amendment No. 15 to Agreement between City of Moorpark and Waste Management of California, Inc. doing business as the Simi Valley Landfill and Recycling Center Page 2 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, on October 31, 2017, the City and WM entered into Amendment No. 13 to the Local Street Access Agreement for an additional two (2) month period extending the Agreement until December 31, 2017; and WHEREAS, on December 27, 2017, the City and WM entered into Amendment No. 14 to the Local Street Access Agreement for an additional three (3) month period extending the Agreement until March 31, 2018; and WHEREAS, the City and WM mutually agree, with Amendment No. 15, to further extend the term of the Local Street Access Agreement to June 30, 2018. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I. 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 June 30, 2018, unless sooner terminated.” II. Other Provisions: All other provisions of the Agreement shall remain in full force and effect. 177 Amendment No. 15 to Agreement between City of Moorpark and Waste Management of California, Inc. doing business as the Simi Valley Landfill and Recycling Center Page 3 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 _______________________________ _______________________________ Troy Brown City Manager Scott Tignac District Manager Attest: _______________________________ Maureen Benson, City Clerk 178