HomeMy WebLinkAbout2017-05-23 - RESOLUTIONS - FIFTH AMENDMENT BURRTEC SVCS (2)1
RESOLUTION 17-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, ADOPTING THE FIFTH AMENDMENT OF THE AMENDED AND
RESTATED AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC
WASTE INDUSTRIES, INC. (BURRTEC), FOR COMMERCIAL SOLID WASTE
MANAGEMENT SERVICES
WHEREAS, the City of Santa Clarita (City) is empowered under Section 7 of Article 1 I
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 Burrtec Waste Industries, Inc.
(Burrtec), entered into that certain "Agreement Between the City of Santa Clarita and Burrtec
Waste Industries, Inc., for Commercial Solid Waste Management Services"; and
WHEREAS, on May 24, 2011, the City Council directed staff to execute an Amended
and Restated Agreement (Agreement) with Burrtec; and
WHEREAS, pursuant to Section 6.3 of the Agreement, Burrtec is entitled to pursue an
annual adjustment to its maximum rates for the rate year commencing on July 1, 2017, to
June 30, 2018; and
WHEREAS, AB 1826 requires that jurisdictions implement an organics recycling
program for businesses, that includes education, outreach, and monitoring activities and
reporting annually to CalRecycle; and
WHEREAS, the City and Burrtec desire to amend the Agreement by increasing the
maximum rates as outlined in Sections 6.3 and 6.4 of the Agreement.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve
as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. The "Fifth Amendment of the Amended and Restated Agreement Between
the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste
Management Services" (Fifth Amendment), a copy of which is attached hereto is hereby
approved. The City Manager is authorized to execute the Fifth Amendment on behalf of the
City.
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SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 23rd day of May 2017.
MAYOR
ATTEST:
CITY CLERK
DATE:(�12 / 17
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 foregoing
Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting
thereof, held on the 23rd day of May 2017, by the following vote:
AYES: COUNCILMEMBERS : McLean, Kellar, weste, Miranda, Smyth
NOES: COLTNCILMEMBERS: None
ABSENT: COLTNCILMEMBERS: None
CITY CLERK
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FIFTH AMENDMENT OF THE
AMENDED AND RESTATED AGREEMENT
BETWEEN THE CITY OF SANTA CLARITA AND
BURRTEC WASTE INDUSTRIES, INC., FOR COMMERCIAL SOLID
WASTE MANAGEMENT SERVICES
This FIFTH AMENDMENT OF THE AMENDED AND RESTATED
AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE
INDUSTRIES, INC., FOR COMMERCIAL SOLID WASTE MANAGEMENT
SERVICES, (Fifth Amendment) is entered into this day of 2017,
between the City of Santa Clarita, California, a California municipal corporation (City) and
Burrtec Waste Industries Inc., a California corporation (Burrtec) to amend that certain
"Amended and Restated Agreement Between the City of Santa Clarita and Burrtec Waste
Industries, Inc., for Commercial Solid Waste Management Services."
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 Burrtec Waste Industries, Inc.
entered into that certain "Agreement Between the City of Santa Clarita and Burrtec Waste
Industries, Inc. for Commercial Solid Waste Management Services"(Agreement); and
WHEREAS, on May 24, 2011, the City Council directed staff to execute an Agreement
with Burrtec; and
WHEREAS, pursuant to Section 6.3 of the Agreement, Burrtec is entitled to pursue an
annual adjustment to its maximum rates for the rate year commencing on July 1, 2017; and
WHEREAS, AB 1826 requires that jurisdictions implement an organics recycling
program for businesses, that includes education, outreach, and monitoring activities and
reporting annually to CalRecycle; and
WHEREAS, the City and Burrtec desire to amend the Agreement by adjusting the
maximum rates as outlined in Section 6.3 and 6.6 of the Agreement.
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NOW, THEREFORE, the City and Burrtec in consideration of their mutual promises,
amend the 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, 2017:
EXHIBIT 2
Container
Size
Number of Weekly Pickups
1
2
3
4
5
6
32 -gal Cart
$46.45
$83.65
$139.39
$185.84
$232.33
$278.80
90 -gal Cart
$51.97
$93.54
$155.90
$207.88
$259.87
$311.84
1.5 yd
$72.67
$141.70
$210.74
$279.04
$347.31
$415.64
2 yd
$75.61
$147.43
$219.25
$290.36
$361.40
$432.49
3 yd
$82.69
$161.22
$239.78
$317.53
$395.23
$472.99
4 yd3
$103.89
$202.61
$301.31
$398.97
$496.65
$594.30
6 yd
$132.89
$259.09
$385.34
$510.22
$635.11
$760.02
Container
Size
Number of Weekly Green Waste Pickups
1
2
3
4
5
6
3 yd
$62.02
$120.92
$179.84
$238.15
$296.42
$354.74
Container
Number of Weekly Organic Waste Pickups
Size
1
2
3
4
5
6
65 -gal Cart
$98.90
$183.94
$296.78
$395.69
$494.63
$593.58
1.5 yd3
$165.34
$325.19
$485.09
$643.89
$802.62
$961.41
2 yd
$190.26
$375.02
$559.83
$743.56
$927.20
$15110.91
Special Services
Costs
Locking Bin
$12.82 per bin per month
Commercial Bulky Item Pickup
$25.64 per item
Additional Bin Cleanings
$44.88 per cleaning
Extra Bin Empties
$44.88 per bin
Extra Trash Cart Empties
$31.76 per barrel
Extra Compactor Pick -Up
$63.67 per compactor
Compactor Rates
2x comparable bin rate
Late Fees
1.5% per month
Emergency Services
$88.78 per hour
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SECTION 2. Except as expressly modified in this Fifth Amendment, all other
provisions of the Agreement are and remain in effect.
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
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BURRTEC WASTE INDUSTRIES, INC.
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
Date
Place Notary Seal Above
before me, ,
Here Insert Name and Title of the Officer
Names) 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.
k
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.
X
Signature
Signature of Notary Republic
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