HomeMy WebLinkAbout2008-05-27 - RESOLUTIONS - RESID SOLID WASTE AGMT (2)RESOLUTION NO. 08-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, APPROVING THE THIRD 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-r of -,the California
Constitution, California Public Resources Code Section 40059 authorizes the CltvIt6 "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 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 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 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 "Third 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" (the
Third Amendment), a copy of which is attached. The Mayor is authorized to execute the Third
Amendment on behalf of the City.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 27th day of May, 2008.
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M YOR
ATTEST:
CITY CLERK--
STATE
LERK- STATE OF CALIFORMA )
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 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
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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. 08-50, 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
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Sharon L. Dawson, CMC
City Clerk
By
Susan Caputo
Deputy City Clerk
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THIRD 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 THIRD 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, (Third Amendment) is entered into this day of , 2008,
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 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 Blue Barrel entered into the
Agreement; 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 City and Blue Barrel desire to amend the Agreement by
increasing the maximum rates as outlined in Section 6.3 of the Agreement.
NOW THEREFORE, the City and Blue Barrel, in consideration of their mutual
promises, amend the Agreement 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, 2008, and ending June 30, 2009:
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• Standard Service Rate
• Reduced Rate for no Greenwaste Services
• Reduced Rate for Senior/Lifeline Customers
• Mobile Home Service Rate
The multifamily rates will be as follows:
$17.28 per month
$15.28 per month
$13.82 per month
$12.96 per month
Container
Costs
Street Litter Carts
Number of Week1
Pickups
$15.59
Refuse Overage Extra Pick Up
Size
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2
3
4
5
6
7
1.5 yd
$52.22
$104.45
$156.67
$208.90
$261.12
$313.35
$365.57
2 yd
$55.67
$111.33
$167.00
$222.66
$278.32
$333.97
$389.64
3 yd
$62.55
$125.07
$187.62
$250.16
$312.69
$375.24
$437.78
4 yd
$69.41
$138.84
1 $208.24
1 $277.66
1 $347.07
1 $416.50
1 $485.90
Special Services
Costs
Street Litter Carts
$15.33 per set per month
Restart Charge
$15.59
Refuse Overage Extra Pick Up
$5.20 per pickup
Locking Bin
$10.40 per bin per month
Bulk Billing Discount
8%
Extra Bulky Item Pick Up
$20.79 per pickup
Additional Bin Cleanings
$36.38 per cleaning
Extra Bin Empties
$36.38 per empty
Compactor Rates
2x comparable bin rate
Late Fees
1.5% per month
Emergency Services
$72.77 per hour
Manure Collection
150% of comparable multifamily bin refuse rate
Prepayment Discount
One month free with 11 months prepaid
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
(Signatures on next page)
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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
USA WASTE OF CALIFORNIA, INC. DBA
BLUE BARREL DISPOSAL
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 USA WASTE OF CALIFORNIA, INC. DBA BLUE BARREL
DISPOSAL.
SIGNED
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