HomeMy WebLinkAbout2008-05-27 - RESOLUTIONS - COMMERCIAL SOLID WASTE AGMT (2)RESOLUTION NO. 08-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, APPROVING THE SEVENTH AMENDMENT
TO THE 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,Califomia
Constitution to make and enforce, within its limits, all police and s_ anitary. _otilmances and
regulations not in conflict with general laws; and
WHEREAS, in partial implementation of Section 7 of Arttclerlf.l of"'thek'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" (the Agreement); and
WHEREAS, pursuant to Section 6.3 of the Agreement, Burrtec Waste Industries, Inc. is
entitled to pursue an annual adjustment to its maximum rates starting in Rate Year 3 of the
Agreement and for all subsequent rate years except Rate Year 8 and Rate Year 9; and
WHEREAS, the City and Burrtec desire to amend the Agreement 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, California, does
hereby resolve as follows -
SECTION 1. The City Council does hereby find, determine, and declare pursuant to
California Public Resources Code Section 40059(a)(1) and Section 7 of Article 11 of the
California Constitution that the public health, safety, and well-being require approval of that
certain "Seventh Amendment to Agreement Between the City of Santa Clarita and Burrtec Waste
Industries, Inc. for Commercial Solid Waste Management Services" (the Seventh Amendment) a
copy of which is attached. The Mayor 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.
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PASSED, APPROVED AND ADOPTED this 27th day of May, 2008.
YOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
H
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 Clanta at a
regular meeting thereof, held on the 27th day of May, 2008, by the following vote:
AYES: COUNCILMEMBERS: Weste, Ferry, McLean, Ender, Kellar
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
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. 08-49, adopted by the City Council of the City of
Santa Clarita, California on May 27, 2008, 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
By
Susan Caputo
Deputy City Clerk
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SEVENTH AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF SANTA CLARITA AND
BURRTEC WASTE INDUSTRIES, INC.
FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES
This SEVENTH AMENDMENT TO 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 '2008, 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 "Agreement
Between the City of Santa Clarita and Burrtec Waste Industries, Inc. for Commercial
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 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 entered into that the
Agreement; and
WHEREAS, pursuant to Section 6.3 of the Agreement, Burrtec, is entitled to
pursue an annual adjustment to its maximum rates starting in Rate Year 3 of the
Agreement and for all subsequent rate years, except Rate Year 8 and Rate Year 9; and
WHEREAS, the City and Burrtec desire to amend the Agreement by increasing
the maximum rates as outlined in Section 6.3 of the Agreement.
NOW THEREFORE, the City and Burrtec, in consideration of their mutual
promises, amend the Agreement as follows:
SECTION 1. Exhibit "2" of the Agreement, entitled "Initial Maximum
Commercial Rates" shall be amended to contain the following maximum rates starting on
Rate Year 5 (July 1, 2008):
n
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1
1
Container Size
Number of Weekly Pickups
1
2
3
4
5
6
7
90 -gal
$ 42.12
$ 75.81
$126.35
$168.47
$210.60
$252.71
$294.83
32 -gal
$ 37.65
$ 67.78
$112.96
$150.61
$188.27
$225.94
$263.60
1.5 yd
$ 58.87
$114.78
$170.71
$226.04
$281.36
$336.69
$392.02
2 yd'
$ 61.28
$119.48
$177.70
$235.30
$292.89
$350.49
$408.08
3 yd
$ 67.01
$130.67
$194.33
$257.32
$320.31
$383.32
$446.30
4 yd
$ 84.20
$164.21
$244.19
$323.34
$402.48
$481.63
$560.79
6 yd
$107.68
$209.97
$312.28
$413.49
$514.70
$615.93
$717.14
Special Services
2008
Extra Bin Empties
$36.38 per bin
Compactor Rates
2x comparable rate
Locking Bins
$10.40 per bin/per month
Additional Bin Cleanings
$36.38 per cleaning
Commercial Bulky Item Pick Up
$20.79 per item
Emergency Services
$72.77 per hour
Late Fee
1.5% per month
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
(Signatures on next page)
CITY OF SANTA CLARITA
A California Municipal Corporation
Bob Kellar, Mayor
ATTEST:
Sharon L. Dawson, CMC
City Clerk
APPROVED AS TO FORM:
Carl K. Newton
City Attorney
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 Los Angeles, ss.
On this day of , in the year 2008, before me
personally appeared , and
personally known to me (or proved to me on the basis of
satisfactory evidence) to 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 BURRTEC WASTE INDUSTRIES, INC.
SIGNED
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