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HomeMy WebLinkAboutResolution 2025-003 City of Atascadero Resolution No. 2025-003 Page 1 of 2 RESOLUTION 2025-003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN AMENDMENT TO THE SOLID WASTE COLLECTION FRANCHISE AGREEMENT WITH USA WASTE OF CALIFORNIA, INC. (dba ATASCADERO WASTE ALTERNTIVES) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT WHEREAS, the City and Atascadero Waste Alternatives (“Contractor”) are parties to that certain Solid Waste Collection Franchise Agreement No. 2023-025 (the “Existing Agreement”) dated August 8, 2023, which was approved by Resolution No. 2023-066; and WHEREAS, the City and Contractor are parties to that certain Solid Waste Collection Franchise Agreement No. 2023-025 (the “Existing Agreement”) dated August 8, 2023, which was approved by Resolution No. 2023-066; and WHEREAS, the City and Contractor continually review and discuss opportunities to improve solid waste, recycle and organic collection services, compliance with state regulations, education and outreach and Contractor required services outlined in the agreement; and WHEREAS, Contractor has identified opportunities to streamline clean-up events with the intent to improve the residential customer experience while potentially limiting future cost increases to collection services; and WHEREAS, Contractor has requested an amendment to the existing franchise agreement to replace the language within Section 5.8 Clean-Up Events, A. Clean-Up Weeks regarding the clean-up voucher process and disposal location for residential customers and Section 5.8 Clean- Up Events, B. Shredding Event regarding the disposal location. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Atascadero takes the following actions: SECTION 1. The City Council hereby approves the Amendment to the Existing Agreement between the City of Atascadero and USA Waste of California, Inc. to replace Section 5.8 of the Agreement. SECTION 2. The City Manager is hereby authorized to execute the Amendment to the Agreement on behalf of the City attached hereto and incorporated herein as Exhibit A. PASSED AND ADOPTED at a regular meeting of the City Council held on the 25th day of February, 2025. City of Atascadero Resolution No. 2025-003 Page 2 of 2 ATTEST: ___________________________________ Lara K. Christensen, City Clerk On motion by Council Member Funk and seconded by Mayor Pro Tem Dariz, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Member Funk, Newsom, Peek, Mayor Pro Tem Dariz, Mayor Bourbeau NOES: None ABSENT: None ABSTAIN: None CITY OF ATASCADERO ___________________________________ Charles Bourbeau, Mayor Resolution No. 2025-003 Exhibit A 1 FIRST AMENDMENT TO SOLID WASTE COLLECTION FRANCHISE AGREEMENT This First Amendment to Solid Waste Collection Franchise Agreement (hereinafter “First Amendment”) is effective as of the 1st day of March, 2025, by and between the City of Atascadero, a political subdivision of the State of California (“City”) and USA Waste of California, Inc., d/b/a Atascadero Waste Alternatives, a Delaware corporation (“Contractor”). NOW, THEREFORE, for and in consideration of the mutual promises herein contained, the adequacy of which is hereby acknowledged, it is hereby agreed by and between the City and Contractor as follows: 1. The first paragraph of Section 5.8 is deleted in its entirety and replaced with the following: “A. Clean-Up Weeks. Each year throughout the Term of this Agreement, Contractor shall hold two "Clean-Up Weeks," held for seven (7) consecutive days from Saturday to Saturday in April and October of each year, or such other time as Contractor may reasonably determine. Contractor will allow each Customer the ability to bring up to two (2) cubic yards of Solid Waste using their personal vehicle, at no cost, to the location mutually agreed upon by the City and Contractor during the applicable Clean-Up Week. Customers shall provide proof of residency and any other documents, information, or identification reasonably requested by Contractor. B. Shredding Event. Once per calendar year in connection with the April Clean-Up Week, Contractor shall provide document shredding services to Residential Customers at a location mutually agreed upon by City and Contractor. Customers shall provide proof of residency and any other documents, information, or identification reasonably requested by Contractor.” 2. Except as provided in this First Amendment, the terms and conditions of the Existing Agreement remain in full force and effect. IN WITNESS WHEREOF, City and Contractor have executed as of the day and year first above written. CITY OF ATASCADERO ______________________ James R. Lewis City Manager ATTEST _________________________ Lara K. Christensen City Clerk USA WASTE OF CALIFORNIA, INC. _______________________ Mike Hammer, President Southern California Area Resolution No. 2025-003 Exhibit A 2 APPROVED AS TO FORM _________________________ David Fleishman City Attorney