HomeMy WebLinkAbout2019-05-28 - RESOLUTIONS - APPROVING THE SEVENTH AMENDMENT OF THE AMENDED AND (2)RESOLUTION NO. 19-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
CLARITA, CALIFORNIA, APPROVING THE SEVENTH AMENDMENT OF
THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF
SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC.,
FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES
WHEREAS, the City of Santa Clarita (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.
(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 with Burrtec; and
WHEREAS, pursuant to Section 6.3 of the Amended and Restated Agreement, Burrtec is
entitled to pursue an annual adjustment to its maximum rates for the rate year commencing on
July 1, 2019, to June 30, 2020; 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 Amended and Restated Agreement
by increasing the maximum rates as outlined in Sections 6.3 and 6.4 of the Agreement between
the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste
Management Services.
NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does
hereby resolve as follows:
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SECTION 1. The "Seventh Amendment of the Amended and Restated Agreement
Between the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid
Waste Management Services" (Seventh Amendment), a copy of which is attached hereto is
hereby approved. The City Manager is authorized to execute the Seventh Amendment on behalf
of the City.
SECTION 2. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 28th day of May 2019.
ATTEST:
CITY CLERK
DATE: 1 V( 1r
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 the
foregoing Resolution No. 19-16 was duly adopted by the City Council of the City of Santa
Clarita at a regular meeting thereof, held on the 28" day of May 2019, by the following vote:
AYES: COUNCILMEMBERS: Kellar, Weste, Miranda, Smyth, McLean
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
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SEVENTH 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 SEVENTH AMENDMENT OF THE AMENDED AND RESTATED
AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE
INDUSTRIES, INC., FOR COMMERCIAL SOLID WASTE MANAGEMENT
SERVICES, (Seventh Amendment) is entered into this day of 2019,
between the City of Santa Clarita (City), California, a California municipal corporation and
Burrtec Waste Industries Inc.(Burrtec), a California corporation, 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 Amended
and Restated Agreement with Burrtec; and
WHEREAS, pursuant to Section 6.3 of the Amended and Restated Agreement, Burrtec
is entitled to pursue an annual adjustment to its maximum rates for the rate year commencing
on July 1, 2019; 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 Amended and Restated
Agreement by adjusting the maximum rates as outlined in Section 6.3 and 6.6 of the Amended
and Restated Agreement; and
NOW, THEREFORE, the City and Burrtec in consideration of their mutual promises,
amend the Amended and Restated Agreement as follows:
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SECTION 1. Amend Section 6.2 to read as follows.
SECTION 2. Except as expressly modified in this Seventh Amendment, all other
provisions of the Agreement shall remain in effect.
6.2 Maximum Rates
The rates Company bills to customers shall not exceed the Maximum Rates set forth
in Exhibit 2.
Maximum Rates shall be retitled as "Maximum Rates" and shall be amended to contain
the following maximum rates commencing July 1, 2019:
Container
Number of Weekly Pick u s
Size
1
2
3
4
5
6
$68.18
$51.06
$91.95
$153.24
$204.30
$255.41
$306.49
32 -gal Cart
$381.93
$569.73
$756.23
$942.66
$11129.15
2 d3
$223.45
$57.13
$102.83
$171.38
$228.53
$285.68
$342.82
90 -gal Cart
$79.89
$155.78
$231.67
$306.76
$381.81
$456.93
1.5 yd3
$83.12
$162.07
$241.03
$319.21
$397.30
$475.45
2 d3
$90.90
$177.23
$263.60
$349.08
$434.49
$519.98
3 d3
$114.21
$222.74
$331.24
$438.61
$545.98
$653.33
4 d3
$146.09
$284.83
$423.62
$560.90
$698.20
$835.52
6 yd'
Container
Size
Number of Weekly Green Waste Pickups
1
2
3
4 T
5
6
3 yd'
$68.18
$132.93
$197.71
$261.81
1 $325.86
$389.98
Container
Size
Number of Weekl Or anic Waste Pickups
1
2
3
4
5
6
65 -gal Cart
$116.15
$216.03
$348.56
$464.73
$580.93
$697.14
1.5 d3
$194.19
$381.93
$569.73
$756.23
$942.66
$11129.15
2 d3
$223.45
$440.45
$657.50
$873.29
1 $13088.97
$1,304.73
U
Special Services
Costs
Locking Bin
$14.09
per bin per month
Commercial Bulky Item Pickup
$28.19
per item
Additional Bin Cleanings
$49.34
per cleaning
Extra Bin Empties
$49.34
per bin
Extra Trash Cart Empties
$34.91
per barrel
Compactor Rates
2x comparable bin rate
Late Fees
1.5% per
month
Emergency Services
$97.60
per hour
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 before me,
Date
Place Notary Seal Above
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.
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
Signature
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Signature of Notary Public