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HomeMy WebLinkAboutResolution - 3926Resolution No. 3926 Page 1 of 3 STATE OF CALIFORNIA) RESOLUTION NO. 3926 COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO) SB 1383 COMPLIANCE FEE FOR NON-RESIDENTIAL SOLID WASTE SERVICES WITH CR&R INCORPORATED. WHEREAS, CITY and CONTRACTOR entered into a certain Agreement for the Collection and Handling of Solid Waste dated March 17, 2005 (the "2005 Franchise Agreement"); and WHEREAS, CITY and CONTRACTOR entered into a certain First Amendment to the Franchise Agreement between the City of San Jacinto and CR&R Incorporated dated April 15, 2010 (the "First Amendment"); and WHEREAS, CITY and CONTRACTOR entered into a certain Second Amendment to the Franchise Agreement between the City of San Jacinto and CR&R Incorporated dated December 17, 2012 (the "Second Amendment"); and WHEREAS, CITY and CONTRACTOR entered into a certain Third Amendment to the Franchise Agreement between the City of San Jacinto and CR&R Incorporated dated January 3, 2017 (the "Third Amendment"); and WHEREAS, CITY and CONTRACTOR entered into a certain Fourth Amendment to the Franchise Agreement between the City of San Jacinto and CR&R Incorporated dated June 16, 2020 (the "Fourth Amendment"); and WHEREAS SB 1383 (Chapter 395, Statutes of 2016) directed local agencies to divert organic waste from landfills and help reduce food insecurity, and regulations promulgated by the California Department of Resources Recycling and Recovery require the City to provide organic waste collection services and implement said regulations within the City; and WHEREAS, CITY and CONTRACTOR recognize that the cost of compliance with SB 1383, including additional personnel costs, reporting requirement costs, public education costs, hardware and software costs, auditing and material characterization costs, and general compliance costs, constitute extraordinary costs as defined by the Franchise Agreement for CONTRACTOR above and beyond the consumer price index (CPI). DocuSign Envelope ID: C9817E12-BE53-460E-89C4-3839DEA08C95 Resolution No. 3926 Page 2 of 3 NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. A SB 1383 Compliance Fee ("Compliance Fee") equal to 4.3% on all rates other than standard residential service rates shall be assessed for the period of July 1, 2022, through and including July 1, 2025. The Compliance Fee is in addition to the annual landfill tipping fee adjustments and the inflation adjustment previously approved for a five -year period commencing July 1, 2021, through and including July 1, 2025, pursuant to Section 8.d. of the Franchise Agreement. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council on June 21, 2022, by the following vote: AYES: Ruiz, Hawkins, Heath, Ledezma NAYS: None ABSENT: Ayala ABSTAIN: None CITY OF SAN JACINTO: _______________________ Crystal Ruiz, Mayor ATTEST: _____________________ Julia Espinoza, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP __________________________ Michael J. Maurer, City Attorney DocuSign Envelope ID: C9817E12-BE53-460E-89C4-3839DEA08C95 Resolution No. 3926 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF SAN JACINTO ) I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3926 was introduced at a regular meeting of the City Council of the City of San Jacinto on June 21, 2022. Resolution No. 3926 was passed, approved, and adopted by the City Council of the City of San Jacinto, California, at a regular meeting of the City Council held on June 21, 2022: AYES: Ruiz, Hawkins, Heath, Ledezma NAYS: None ABSENT: Ayala ABSTAIN: None WITNESS MY HAND AND SEAL the 21st day of June 2022. _____________________________ Julia Espinoza, City Clerk City of San Jacinto DocuSign Envelope ID: C9817E12-BE53-460E-89C4-3839DEA08C95