HomeMy WebLinkAbout2007-05-22 - RESOLUTIONS - RESID WASTE AGMT AMEND (2)RESOLUTION NO. 07-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, APPROVING THE SECOND AMENDMENT
TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND
USA WASTE OF CALIFORNIA, INC. DBA BLUE BARREL DISPOSAL
FOR RESIDENTIAL 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 § 40059 authorizes the City to determine all
aspects of handling of solid waste which 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 USA Waste of California, Inc. DBA
Blue Barrel Disposal (Blue Barrel) entered into that certain "AGREEMENT BETWEEN THE
CITY OF SANTA CLARITA AND USA WASTE OF CALIFORNIA, INC. DBA BLUE
BARREL DISPOSAL FOR RESIDENTIAL SOLID WASTE MANAGEMENT SERVICES"
(the "Agreement"); and
WHEREAS, pursuant to Section 6.3 of the Agreement, Blue Barrel Disposal is entitled to
pursue an annual adjustment to its maximum rates starting in the Rate Year commencing on
July 1, 2007 to June 30, 2008; and
WHEREAS, the City and Blue Barrel desire to amend that certain "AGREEMENT
BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF CALIFORNIA, INC.
DBA BLUE BARREL DISPOSAL FOR RESIDENTIAL SOLID WASTE MANAGEMENT
SERVICES" by increasing the maximum rates as outlined in Section 6.3 of the Agreement.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as
follows:
SECTION 1. The City Council does hereby find, determine, and declare pursuant to
California Public Resources Code § 40059(a)(1) and § 7 of Article 11 of the California
Constitution that the public health, safety, and well being require approval of that certain
"SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA
CLARITA AND USA WASTE OF CALIFORNIA, INC. DBA BLUE BARREL DISPOSAL
FOR RESIDENTIAL SOLID WASTE MANAGEMENT SERVICES" (the "Second
Amendment") a copy of which is attached. The Mayor is authorized to execute the Second
Amendment on behalf of the City.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 22nd day of May, 2007.
ATTEST:
CITY CLERK
STATE OF CALTFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 22nd day of May, 2007, by the following vote:
AYES: COUNCILMEMBERS: Boydston, Ferry, Weste, Kellar, McLean
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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,/ t
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARTTA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Resolution No. 07-28, adopted by the City Council of the City of
Santa Clarita, California on May 22, 2007, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of
20_.
Sharon L. Dawson, CMC
City Clerk
13V
Susan Caputo
Deputy City Clerk
SECOND AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF SANTA CLARITA AND
USA WASTE OF CALIFORNIA, INC. DBA BLUE BARREL DISPOSAL
FOR RESIDENTIAL SOLID WASTE MANAGEMENT SERVICES
This SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
SANTA CLARITA AND USA WASTE OF CALIFORNIA, INC. DBA BLUE
BARREL DISPOSAL FOR RESIDENTIAL SOLID WASTE MANAGEMENT
SERVICES, ("Second Amendment') is entered into this day of
, 2007, between the City of Santa Clarita, California, a California
municipal corporation ("City") and USA Waste of California, Inc. dba Blue Barrel
Disposal, a California corporation ("Blue Barrel") to amend that certain "AGREEMENT
BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF CALIFORNIA,
INC. DBA BLUE BARREL DISPOSAL FOR RESIDENTIAL SOLID WASTE
MANAGEMENT SERVICES" (the "Agreement'), dated November 20, 2003.
RECITALS
WHEREAS, the City is empowered under section 7 of article XI 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 XI of the California
Constitution, California Public Resources Code § 40059 authorizes the City to determine
all aspects of handling of solid waste which 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 Blue Barrel entered into that
certain "AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND USA
WASTE OF CALIFORNIA, INC. DBA BLUE BARREL DISPOSAL FOR
RESIDENTIAL SOLID WASTE MANAGEMENT SERVICES" and
WHEREAS, pursuant to Section 6.3 of the Agreement, Blue Barrel is entitled to
pursue an annual adjustment to its maximum rates starting in the Rate Year beginning in
July 1, 2007 to June 30, 2008; and
WHEREAS, the intent of Section 4.1.9 was to establish a community
preservation and beautification program; and
WHEREAS, the City and Blue Barrel desire to amend that certain
"AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF
CALIFORNIA, INC. DBA BLUE BARREL DISPOSAL FOR RESIDENTIAL SOLID
WASTE MANAGEMENT SERVICES" by increasing the maximum rates as outlined in
Section 6.3 of the Agreement and to revise Section 4.1.9 to create a Community Cleanup
Program.
NOW THEREFORE, City and Blue Barrel, in consideration of their mutual
promises, amend that certain "AGREEMENT BETWEEN THE CITY OF SANTA
CLARITA AND USA WASTE OF CALIFORNIA, INC. DBA BLUE BARREL
DISPOSAL FOR RESIDENTIAL SOLID WASTE MANAGEMENT SERVICES" as
follows:
SECTION 1. Exhibit 2 of the Agreement, entitled "Initial Maximum Rates" shall
be amended to contain the following maximum rates starting on the Rate Year
commencing on July 1, 2007 and ending June 30, 2008:
❑ Standard Service Rate $16.62 per month
❑ Reduced Rate for no Greenwaste Services $14.62 per month
❑ Reduced Rate for Senior/Lifeline Customers $13.30 per month
❑ Mobile Home Service Rate $12.47 per month
The multi -family rates will be as follows:
Container
Number of Weekl
Pickups
Size
1
2
3
4
5
6
7
1.5 d
$50.24
$100.48
$150.72
$200.96
$251.20
$301.44
$351.68
2 d
$53.55
$107.10
$160.65
$214.20
$267.74
$321.28
$374.83
3 yd
$60.17
$120.32
$180.49
$240.65
$300.81
$360.98
$421.14
4 yd
$66.77
$133.56
$200.33
$267.11
$333.88
$400.67
$467.44
SECTION 2. Section 4.1.9 shall be replaced with the following:
4.1.9 Community Cleanup Program
As part of the consideration for the City granting it the exclusive rights for Solid Waste
Handling Services set forth herein, Company shall provide a maximum of five sets of
Rolloff Boxes per quarter to communities wishing to participate in the City's Community
Cleanup Program. The communities will be approved and selected at the City's sole
discretion and the events must not occur during the week prior, the week of, or the week
after a holiday. If the City fails to identify five communities for any given quarter, all
unused sets shall not carry over until the next quarter.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
CITY OF SANTA CLARITA
A California Municipal Corporation
F1
Marsha McLean, Mayor
ATTEST:
Sharon L. Dawson, CMC
City Cleric
APPROVED AS TO FORM:
Carl K. Newton
City Attorney
M
USA WASTE OF CALIFORNIA, INC. DBA
BLUE BARREL DISPOSAL
M
[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 Los Angeles, ss.
On this _ day of in the year 2007, before me
personally appeared I and
personally known to me (or proved to me on the basis of
satisfactory evidence)_tq..be the.persons whose names are subscribed to this instrument
and acknowledged that he (she or they) executed it pursuant to a resolution of the Board
of Directors of USA WASTE OF CALIFORNIA, INC. DBA BLUE BARREL
DISPOSAL.
SIGNED
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