HomeMy WebLinkAbout2009-05-26 - AGENDA REPORTS - RATE ADJUSTMENT SOLID WASTE (2)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item: AA
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
May 26, 2009
ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID
WASTE SERVICE PROVIDERS
Public Works
RECOMMENDED ACTION
City Council adopt a resolution for the Fourth 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 allowing an increase of their single-family
rates by 0.29 percent and an increase of their multifamily rates by 0.06 percent based on the
formula outlined in their Franchise Agreement and an extraordinary rate increase request. The
Fourth Amendment also modifies the Franchise Agreement to alter one existing program and
add an additional five programs, subject to City Attorney Approval.
Adopt a resolution for the Ninth Amendment to the Agreement Between the City of Santa
Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste Management
Services allowing an adjustment in rates by 0.04 percent based on the formula outlined in
their Franchise Agreement and an extraordinary rate increase request, subject to City
Attorney approval.
BACKGROUND
In November 2003, the City Council selected USA Waste of California, Inc. (dba Blue Barrel
Disposal), as the exclusive solid waste hauler for residential services and Burrtec Waste
Industries, Inc., for commercial services. Pursuant to Section 6.3 of the Agreement Between the
City of Santa Clarita and USA Waste of California Inc (dba Blue Barrel Disposal) for
Residential Solid Waste Management Services and the Ageement Between the City of Santa
Clarita and Burrtec Waste Industries Inc. for Commercial Solid Waste Management Services
(Franchise Agreements), Blue Barrel and Burrtec may request rate adjustments for their next rate
Adopted: Ra 09-31, WO oq-3a
year (July 1, 2009 through June 30, 2010) if they submit a request -for the adjustment by the first
of April and follow the specific guidelines for a rate increase as outlined in Section 6.4 of the
Franchise Agreements. Pursuant to Section 6.3 of the Franchise Agreements, Council's
discretion for regular rate increases is limited to determining, based on substantial evidence,
whether the requested rate adjustment meets the requirements as set forth in the Franchise
Agreements.
Attached is a summary of the Method of Adjustment for this rate adjustment period as described
in Section 6.4 of the Franchise Agreements. Based on the formula, the rate adjustment for Fiscal
Year 2009/2010 is -0.06 percent.
In addition to the annual adjustment, Blue Barrel Disposal requested an extraordinary rate
increase to offset the cost of the increase in the Countywide Solid Waste Management Fee.
Section 6.6 of the Franchise Agreements states that the City shall consider an extraordinary
adjustment based upon changes to the refuse disposal gate rate should there be a change in the
direct per ton surcharge assessed at the disposal site by federal, state, or local regulatory agencies.
On October 7, 2008, the Los Angeles County Board of Supervisors approved an increase to the
Countywide Solid Waste Management Fee from $0.86 to $1.50 per ton of waste disposed at solid
waste landfills and transformation facilities as of January 1, 2009. This fee is used by the County
to implement new and enhance existing waste reduction and recycling programs, including the
expansion of the Household Hazardous Waste/Electronic Waste Collection program, the creation
of additional permanent environmental collection facilities and other Countywide programs and
initiatives. Any future change to this fee requires approval from the Board of Supervisors.
Since the Countywide Solid Waste Management Fee is assessed on a per ton basis, it affects each
sector in the following ways:
Single-family residential: 0.35 percent increase
Multifamily residential:, 0.12 percent increase
Commercial: 0.10 percent increase
As a result of the franchise agreement rate adjustment methodology and the extraordinary rate
adjustment, the rates would be effected as follows:
• Single-family residential: 0.29 percent increase
• Multifamily residential: 0.06 percent increase
• Commercial: 0.04 percent increase
A matrix outlining the total changes for each of the franchised haulers is provided as an
attachment.
If approved by Council, staff will work with the franchised haulers to provide proper notification
of the rate adjustment to their customers and will begin the new rate structure on July 1, 2009.
The rate increase will not negatively affect the diversion programs currently being provided by
the haulers.
In addition to the rate adjustment for Blue Barrel Disposal and Burrtec Waste Industries, staff is
proposing to amend the residential Franchise Agreement to modify one existing program and
create an additional five programs.
Section 4.5.2 of the Franchise Agreement requires that Blue Barrel's fleet meet a number of
requirements, including operating a fleet younger than ten years of age. Blue Barrel has been out
of compliance with this portion of the Franchise Agreement since the commencement of the
Franchise Agreement up until November 12, 2008. Because of this noncomplaince, the City
levied liquidated damages in the amount of $470,500 on November 24, 2008.
To resolve this issue, City staff and Blue Barrel staff have been working collectively to address
the issue of liquidated damages. Based on these collaborative efforts, staff is proposing that
instead of providing the liquidated damages in the form of cash, Blue Barrel should modify one
franchise -required program and implement an additional five diversion programs. A summary of
the proposed programs is attached.
ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
No fiscal impact as a result of this item.
ATTACHMENTS
Resolution - Blue Barrel
Blue Barrel Rates
Resolution - Burrtec
Ninth Amendment - Burrtec
Burrtec Rates
Rate Adjustment Request Methodology
Blue Barrel Diversion Programs
Amendment - Blue Barrel Disposal
—3
RESOLUTION 09 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, APPROVING THE FOURTH
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 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 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 for the rate year commencing on
July 1, 2009 to June 30, 2010; and
WHEREAS, pursuant to Section 6.6 of the Agreement, Blue Barrel is entitled to pursue
an extraordinary rate adjustment based on the direct per ton surcharge levied by local regulatory
agencies; and
WHEREAS, the Los Angeles County Board of Supervisors increased the Countywide
Solid Waste Management Fee from $0.86 to $1.50 per ton of waste disposed at solid waste
landfills and transformation facilities as of January 1, 2009; and
WHEREAS, the City has reviewed the extraordinary rate request submitted by Blue
Barrel and find the request to be acceptable per the Agreement; and
WHEREAS, the City and Blue Barrel desire to amend the Agreement by increasing the
maximum rates as outlined in Section 6.3 and 6.6 of the Agreement; and
WHEREAS, Section 4.5.2 of the Franchise Agreement requires that Blue Barrel
Disposal's fleet meet a number of requirements; including operating a fleet younger than ten
years of age; and
WHEREAS, there has been a dispute between the City and Blue Barrel regarding Blue
Barrel's compliance with Section 4.5.2 of the Residential Franchise Agreement; and
WHEREAS, City staff and Blue Barrel staff have been working collectively to address
the issues related to the dispute, and in addition to identify ways to improve the level of services
provided by Blue Barrel to increase waste diversion. These collaborative efforts have resulted in
the modification of one franchise program and the creation of five additional programs; and
WHEREAS, the City and Blue Barrel desire to amend the Agreement by replacing the
language for the manure collection program; and
WHEREAS, the City and Blue Barrel desire to amend the Agreement by adding five
additional sections to the Agreement to include a sharps program, clothing recycling program,
multifamily outreach program, an increased outreach program, and sustainability program; and
WHEREAS, The City and Blue Barrel shall have no obligation to provide additional
consideration for these modifications and new programs other than agreed to.
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 "Fourth 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 Fourth Amendment), a copy of which is attached. The Mayor is authorized to execute the
Fourth Amendment on behalf of the City and such Fourth Amendment is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this _ day of 2009.
MAYOR
ATTEST:
CITY CLERK
S
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, MMC, 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 day of 2009, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
CEJ
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 09 -_ adopted by the City Council of the City of
Santa Clarita, California on , 2009, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of 2009.
Sharon L. Dawson, MMC
City Clerk
By
Susan Caputo, CMC
Deputy City Clerk
7
FOURTH 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 FOURTH 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, (Fourth Amendment) is entered into this day of 2009,
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 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 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 for the rate year commencing on July
1, 2009 to June 30, 2010; and
WHEREAS, pursuant to Section 6.6 of the Agreement, Blue Barrel is entitled to
pursue an extraordinary rate adjustment based on the direct per ton surcharge levied by
local regulatory agencies; and
WHEREAS, the Los Angeles County Board of Supervisors increased the
Countywide Solid Waste Management Fee from $0.86 to $1.50 per ton of waste disposed
at solid waste landfills and transformation facilities as of January 1, 2009; and
WHEREAS, the City has reviewed the extraordinary rate request submitted by
Blue Barrel and find the request to be acceptable per the Agreement; and
WHEREAS, the City and Blue Barrel desire to amend the Agreement by
increasing the maximum rates as outlined in Section 6.3 and 6.6 of the Agreement; and
WHEREAS, Section 4.5.2 of the Franchise Agreement requires that Blue Barrel
Disposal's fleet meet a number of requirements, including operating a fleet younger than
ten years of age; and
WHEREAS, Blue Barrel has been out of compliance with Section 4.5.2 of the
Franchise Agreement since the commencement of the Franchise Agreement up until
November 12, 2008. As a result of the noncompliance with Section 4.5.2, the City levied
liquidated damages in the amount of $470,500 on November 24, 2008; and
WHEREAS, City staff and Blue Barrel staff have been working collectively to get
Blue Barrel's fleet into compliance with the agreement and address the issue of liquidated
damages. These collaborative efforts have resulted in the modification of one franchise
program and the creation of five additional programs; and
WHEREAS, the City and Blue Barrel desire to amend the Agreement by
replacing the language for the manure collection program; and
WHEREAS, the City and Blue Barrel desire to amend the Agreement by adding
five additional sections to the Agreement to include a sharps program, clothing recycling
program, multifamily outreach program, an increased outreach program, and a
sustainability program.
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, 2009, and ending June 30, 2010:
❑ Standard Service Rate $17.33 per month
❑ Reduced Rate for no Greenwaste Services $15.33 per month
❑ Reduced Rate for Senior/Lifeline Customers $13.86 per month
❑ Mobile Home Service Rate $13.00 per month
The multifamily rates will be as follows:
Container Number of Weekl Pickups
Size 1 2 3 4 5 6 7
1.5 d 52.25 104.52 156.77 209.02 261.27 313.54 365.79
2 d 55.71 111.39 167.10 222.80 278.48 334.17 389.88
2
L3dv
162.59
125.14
187.74 250.31
312.88
375.46 438.05
4 d
69.45
138.93
208.37 277.82
347.28
416.75 486.19
Special Services
Costs
Street Litter Carts
$15.37 per set per month
Restart Charge
$15.63
Refuse Overage Extra Pickup
$5.22 per pickup
Locking Bin
$10.43 per bin per month
Bulk Billing Discount
8%
Extra Bulky Item Pickup
$20.85 per pickup
Additional Bin Cleanings
$36.49 per cleaning
Extra Bin Empties
$36.49 per empty
Compactor Rates
2x comparable bin rate
Late Fees
1.5% per month
Emergency Services
$72.98 per hour
Manure Collection
100% of comparable multifamily bin refuse rate
Prepayment Discount
One month free with 11 months prepaid
SECTION 2. Section 4.4 of the Agreement shall be amended to read as follows:
4.4 Manure Collection
Company shall provide any Customer that requests a Container for the Collection of
manure with either a 64 -gallon Cart (considered a green waste cart) or a Bin. Company
shall collect all manure placed in a green waste cart or Bin at least once per week, or
more often if arranged between Customer and Company. Customers may be instructed
not to fill the Containers above a specified line or weight, so as not to damage the
Containers or Collection equipment, and City shall resolve any disputes regarding the
maximum weight that may be accommodated in such Containers. Customers may place
the manure in their green waste carts, which is provided at no charge. Customers that
utilize bin service for manure collection may be charged no more than the rate as set forth
in Exhibit 2 for refuse collection service of the same size Container and at the same
frequency. All manure collected shall be diverted from landfilling through composting or
other means and may not be collected or commingled with Refuse.
SECTION 3: The agreement shall be amended to contain the following sections:
4.18 Sharps Program
Home generated sharps, such as needles, syringes, and lancets shall be placed in a sharps
container and removed from the regular waste stream to minimize exposure to solid
waste workers and recyclables processors. To ensure sharps are handled in an appropriate
manner, Company shall provide, upon request, each residential account with up to one
postage -paid mail -back sharps containers per year at no additional cost. Seniors shall be
provided with up to two postage -paid mail -back sharps containers per year at no
Ab
additional cost. Residents requesting Sharps containers may request containers only at
participating pharmacies. Company shall work with pharmacies located within the City's
boundaries to establish this program and provide sharps containers to participating
pharmacies. In addition, Company shall promote this program in all quarterly newsletters
and in other forms of outreach as determined by City.
Additionally, Company shall provide to the City on an annual basis not less than 200
postage -paid mail -back Sharps containers for City staff to distribute at special events.
4.19 Textile Diversion Program
Company shall provide a minimum of two City-wide textile collection drives on an
annual basis. Company will deliver textile collection bags to all customers (both single-
family and tenants of multi -family complexes) and will collect the bags on a scheduled
day. Textile bags will be delivered not less than one week prior to the scheduled clothing
collection day, but no more than two weeks prior to the scheduled collection day.
Company shall also make available a textile drop off location at the Company's yard,
which shall remain open during the hours specified in Section 4. 1.11 of this agreement.
All textiles collected through this program shall be diverted from the landfill either
through donation to a local non-profit organization or through other means of diversion.
5.6 Multi -Family Outreach Program
Company shall provide a public education tool kit to all multi -family complexes in the
City at no additional cost. The tool -kit may include posters, flyers, door hangers,
recycling guides, bin enclosure signs, recycle bin signs, and any thing else deemed
appropriate. Materials should be created to assist multi -family complexes in
implementing a recycling program and to assist the tenants in making the program
successful.
Company shall provide in-home basket upon request to any tenant of a multi -family
complex that has recycling bin service. Requests for in-home baskets may be submitted
by the management company, homeowners association, or resident. Company shall
arrange for the delivery of the in-home basket at no additional cost to the customer.
Company shall mail a biannual newsletter to all of the tenants of multi -family dwellings
within the City during the two year grant period. After the grant period, or not less than
two years, Company shall mail an annual newsletter to all of the tenants of multi -family
dwellings.
5.7 Increased Residential Outreach
In order to increase the City's diversion and highlight the programs available to residents
in the City, Company shall provide a minimum funding amount of $10,000 for the City to
11
administer a comprehensive outreach program. This program will be created in
conjunction with Company staff and City staff and shall be fully implemented no later
than July 1, 2010.
5.8 Sustainability Program
Company shall partner with 5-10 large businesses in the City to conduct a sustainability
cost analysis, equaling a total cost of up to $50,000. This analysis shall include an
assessment of facilities and operations, execution of programs that improve
environmental and economic performance, and establishment of a roadmap for a more
sustainable future. The sustainability analysis shall look at efficiencies in waste
reduction, water, energy, etc.
(Signatures on next page)
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
CITY OF SANTA CLARITA
A California Municipal Corporation
Frank Ferry, Mayor
ATTEST:
Sharon L. Dawson, MMC
City Clerk
APPROVED AS TO FORM:
Carl K. Newton
City Attorney
At
5
State of California
County of
On
Date
personally appeared _
Place Notary Seal Above
U.S.A. WASTE OF CALIFORNIA, INC., DBA
BLUE BARREL DISPOSAL
[CEO, President, Chairman of the Board or
any Vice President]
And by:
[The Secretary, any assistant secretary, CFO
or any assistant treasurer]
before me,
Insert Name and Title of the Officer
Name(s) 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
on
Signature of Notary Public
�3
2009 Blue Barrel Disposal Rates
The standard service rates will be changed as follows:
Level of Service
2008
2009
Standard Service Rate
$17.28
$17.33
Reduced Rate (no greenwaste)
$15.28
$15.33
Reduced Rate (Senior/Lifeline customer)
$13.82
$13.86
Mobile Home Service Rate
$12.96
$13.00
The multifamily rates will be changed as follows:
Container
Number of Weekly Pickups
2009
Size
1 2 3
4 5
6 7
'®$ a„ $52 22 4��$�104 45,E $1$56,67 1208 90� �"x$261, 1y2 $31,3 P35 $365 57 7
1.5 d '09
$52.25 $104.52 $156.77
$209.02 $261.27
$313.54 $365.79
2.yd08 :" $55 67y.; $111 33qX$1167 00�
$22m2 6'6"$27832 $°33x397 ; $389 64 xA
2 yd ('09)
$55.71 $111.39 $167.10
$222.80 $278.48
1 $334.17 $389.88
wv ,C ) , ,; ',N'$62"$1=25 0',,"T41'$7 62 $25016;'` y$3;12 69 $375 24. $"437 748'`;'
3 d 08
3 yd ('09)
$62.59. $125.14 $187.74
$250.31 $312.88
$375.46 $438.05
69 41t;$277:66
Extra Bin EmptiesIN-
4 d '09
$69.45 $138.93 $208.37
1 $277.82 $347.28
$416.75 $486.19
The special service rates will be changed as follows:
Special Services
2009
Street Litter Carts
;"$1533 eret ,er merith
$15.37 per set per month
Restart Charge
"$1.SpS9 �} .� `=
$15.63
Refuse Overage Extra
Pickup�,�
$5�20per pickups `w
$5.22 per pickup
Locking Bin
x$10:40 erµbin er months ,£
$10.43per bin per month
Bulk Billing Discount
8%
Extra Bulky Item Pickup
$20:79 ,er, cku
$20.85 per pickup
Additional Bin Cleanings
$36x30,,eric_1'`eanin . w
$36.49 per cleaning
Extra Bin EmptiesIN-
rA,,
$36.49 er empty
Com actor Rates2x+com
arable rate; W P;'
2x comparable rate
Late Fees
L5/0 '.eramonth r
1.5% er month
Emergency Services
?$72.77f er hour .` "
$72.98
Manure Collection
x`150%ofcom arable
p� iii
multifamIbm refuse rate,
°
100 /o of comparable
multifamily bin refuse rate
Prepayment Discount
O0 -month free `with 11
months repaid
One month free with 11
months prepaid
r�=
RESOLUTION 09 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, APPROVING THE NINTH
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
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" (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, pursuant to Section 6.6 of the Agreement, Burrtec Waste Industries, Inc. is
entitled to pursue an extraordinary rate adjustment based on the direct per ton surcharge levied by
local regulatory agencies; and
WHEREAS, the Los Angeles County Board of Supervisors increased the Countywide
Solid Waste Management Fee from $0.86 to $1.50 per ton of waste disposed at solid waste
landfills and transformation facilities as of January 1, 2009; and
WHEREAS, the City has reviewed the extraordinary rate request submitted by Burrtec
Waste Industries and find the request to be acceptable per the Agreement; 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.
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
1S
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 "Ninth Amendment to Agreement Between the City of Santa Clarita and Burrtec Waste
Industries, Inc:, for Commercial Solid Waste Management Services" (the Ninth Amendment) a
copy of which is attached. The Mayor is authorized to execute the Ninth Amendment on behalf
of the City and such Ninth Amendment is hereby approved.
2
/46
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this _ day of 2009.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, MMC, 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 day of 2009, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
/7-
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 09 -, adopted by the City Council of the City of
Santa Clarita, California on , 2009 which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this day of
2009.-
Sharon
009..
Sharon L. Dawson, MMC
City Clerk
By
Susan Caputo, CMC
Deputy City Clerk
NINTH AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF SANTA CLARITA AND
BURRTEC WASTE INDUSTRIES, INC.,
FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES
This NINTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC., FOR
COMMERCIAL SOLID WASTE MANAGEMENT SERVICES (Ninth Amendment) is
entered into this day of 2009, between the City of Santa Clarita,
California, a California municipal corporation (City) and Burrtee 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, pursuant to Section 6.6 of the Agreement, Burrtec Waste Industries,
Inc. is entitled to pursue an extraordinary rate adjustment based on the direct per ton
surcharge levied by local regulatory agencies; and
WHEREAS, the Los Angeles County Board of Supervisors increased the
Countywide Solid Waste Management Fee from $0.86 to $1.50 per ton of waste disposed
at solid waste landfills and transformation facilities as of January 1, 2009; and
WHEREAS, the City has reviewed the extraordinary rate request submitted by
Burrtec Waste Industries, Inc. and find the request to be acceptable per the Agreement;
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.
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 6 (July 1, 2009):
Container
Extra Bin Empties
Number of Weekly Pickups
Compactor Rates
2x comparable rate
Size
1
2
3
4
5
6
7
90 -gal
$42.13
$75.84
$126.40
$168.54
$210.68
$252.81
$294.94
32 -gal
$37.67
$67.81
$113.00
$150.67
$188.35
$226.03
$263.70
1.5 yd
$58.92
$114.87
$170.85
$226.22
$281.58
$336.96
$392.33
2 yd
$61.30
$119.53
$177.77
$235.40
$293.00
$350.63
$408.25
3 yd
-$84.23
$67.04
$130.72
$194.40
$257.43
$320.44
$383.47
$446.48
4 yd'
$164.27
$244.28
$323.47
$402.64
$481.82
$561.01
6 yd
$107.73
$210.05
$312.40
$413.65 1
$514.90
$616.18
$717.43
Special Services
Extra Bin Empties
$36.40 per bin
Compactor Rates
2x comparable rate
Locking Bins
$10.40 per bin/per month
Additional Bin Cleaning
$36.40 per cleaning
Commercial Bulky Item Pickup
$20.80 per item
Emergency Services
$72.80 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)
4
20
CITY OF SANTA CLARITA
A California Municipal Corporation
Frank Ferry, Mayor
ATTEST:
Sharon L. Dawson, MMC
City Clerk
APPROVED AS TO FORM:
Carl K. Newton
City Attorney
State of California
County of
On
Date
personally appeared _
BURRTEC WASTE INDUSTRIES, INC.
[CEO, President, Chairman of the Board or
any Vice President]
And by:
[The Secretary, any assistant secretary, CFO
or any assistant treasurer]
before me,
Here Insert Name and Title of the Officer
Name(s) 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
Place Notary Seal Above Signature of Notary Public
Yi
42—
2009 Burrtec Rates
Container
Number of Weekl Pickups
Size 1
2 3 4 5 6
7
,90a1(y08. $4212
`„;$77581$12635$16847`$21060$25271 ',$29483=
90 -gal ('09) $42.13
$75.84 $126.40 $168.54 $210.68 $252.81
$294.94
3;2.gal("08)x` $37165 ne = $6,7 78$`;11296 $1`5061 "`$}188k27�$22594 $2'63!60
32 -gal (109) $37.67
$67.81 $113.00 $150.67 $188.35 $226.03
$263.70
15 d (08$158 8k7$114'78$17,0 71 x$2'26 04$28136 $33`6 69 , $392 02'
1.5 yd ('09) $58.92
$114.87 $170.85 $226.22 $281.58 $336.96
$392.33
2 dt(08) ,'$¢1 X28 $11948 _.$177x70„,$2�3530 $29289$350 49 �$408 08 t
2 yd ('09) $61.30 $119.53 $177.77 $235.40 $293.00 $350.63 $408.25
3yd('08) _.$67.d01$1306.7,'$19433�
vO. ,� , $25 732 $320 31$3&332 .�$4463Oa
$20.80
3 yd ('09) $67.04
$130.72 $194.40 $257.43 $320.44 $383.47
$446.48
4 d= ( `08)$8420 £
$16421 $24419 Y $3233'4 `$4`0248 1$48t163 $56079
4 yd ('09) $84.23
$164.27 $244.28 $323.47 $402.64 $481.82
$561.01
6yd ('708)x`$107 68a"$209x97$31�2r28 x$413,49 514_;70"x$717`14
6 yd ('09) $107.73
$210.05 $312.40 $413.65 $514.90 $616.18
$717.43
Special Services
7720®8_ "
2009
Extra Bin Empties
$36 38 perbm " a r:`
$36.40
per bin
Compactor Rates
72xcomparable rate„!
2x comparable
rate
Locking Bins
$1040 ter.{brn/ er month H
$10.40
per bin/per month
Additional Bin Cleaning
$3°6:38 per'clearing':°
$36.40per
cleanin
Commercial Bulky Item Pickup
$20 79 "eritem
$20.80
per item
Emergency Services
$72 77 µerthour '-", ,
$72.80
per hour
Late Fee
15% per months' -s
..
1.5% per month
S:/envsrvcs/solwast2/counciV2009/rate adjustment agenda item attachmentAurrtec rates July 2009
2"3
2009 COMMERCIAL AND RESIDENTIAL WASTE HAULERS
RATE ADJUSTMENT REQUEST METHODOLOGY
The formula for determining a rate increase is outlined in Section 6.4 of the Franchise
Agreements as follows:
Cost Category
Weighting
Rate Adjustment Index
Labor
30%
Producer Price Index, PCU4212#2, local trucking without
.80
Fuel
storage, waste collection
Fuel
5%
Producer Price Index, WPU057303 not seasonally adjusted,
-1.91
Equipment
fuels and related products and power, #2 diesel fuel
Equipment
15%
Producer Price Index, PCU3713#139, truck and bus bodies,
1.02
Disposal
refuse and garbage(packer type)
Disposal
25%
Consumer Price Index for all urban consumers, all items index
.02
All Other
(CPI -U) — U.S. city average
All Other
25%
50% of change in Consumer Price Index for all urban
.01
Total
consumers, all items index (CPI -U) — U.S. city average
Total
100%
100%
CHANGE IN CLASSIFICATION SYSTEM
Since the Franchise Agreements were written, some changes had to be incorporated in the rate
adjustment calculation. The United States Department of Labor — Bureau of Labor Statistics
made a change in how they labeled certain Producer Price Indices. In the past, they used the
Standard Industrial Classification (SIC) system to label the indices, but recently have made the
shift from SIC codes to the North American Industry Classification System (NAICS). Therefore,
the Producer Price Index (PPI) for labor and the PPI for equipment no longer exists in the format
outlined in the Franchise Agreement.
Per Waste Management's request, Hilton Farnkopf & Hobson contacted the Department of
Labor to determine the most appropriate factors for replacing the previous ones. The PPI labeled
as PCU4212#2, local trucking without storage, waste collection was replaced with PCU56211-
56211 Waste Collection. The PPI labeled as PCU3713#139, truck and bus bodies, refuse and
garbage (packer type) was replaced with PCU336211336211 - Motor Vehicle Body
Manufacturing. To calculate the labor component, the PPI index labeled PCU56211-56211- was
used.
RATE INCREASE CALCULATIONS
Cost Cate ori :� � Dec2007 `��Dec 2008� Chan a -' ��Wei` hhi� Percent N.
Labor
108.4
111.3
.0267
30%
.80
Fuel
271.9
168.0
-.3821
5%
-1.91
Equipment
203.9
217.8
.0681
15%
1.02
Disposal
210.036
210.228
.0009
25%
.02
All Other
210.036
210.228
.0009
25%
.01
Total
1
100%
-.06
Diversion Programs
4.4 Manure Collection
Company shall provide any Customer that requests a Container for the Collection of manure with
either a 64 -gallon Cart (considered a green waste cart) or a, Bin. Company shall collect all
manure placed in a green waste cart or Bin at least once per week, or more often if arranged
between Customer and Company. Customers may be instructed not to fill the Containers above a
specified line or weight, so as not to damage the Containers or Collection equipment, and City
shall resolve any disputes regarding the maximum weight that may be accommodated in such
Containers. Customers may place the manure in their green waste carts, which is provided at no
charge. Customers that utilize bin service for manure collection may be charged no more than the
rate as set forth in Exhibit 2 for refuse collection service of the same size Container and at the
same frequency. All manure collected shall be diverted from landfilling through composting or
other means and may not be collected or commingled with Refuse.
4.18 Sharps Program
Home generated sharps, such as needles, syringes, and lancets shall be placed in a sharps
container and removed from the regular waste stream to minimize exposure to solid waste
workers and recyclables processors. To ensure sharps are handled in an appropriate manner,
Company shall provide, upon request, each residential account with up to one postage -paid mail -
back sharps containers per year at no additional cost. Seniors shall be provided with up to two
postage -paid mail -back sharps containers per year at no additional cost. Residents requesting
Sharps containers may request containers only at participating pharmacies. Company shall work
with pharmacies located within the City's boundaries to establish this program and provide
sharps containers to participating pharmacies. In addition, Company shall promote this program
in all quarterly newsletters and in other forms of outreach as determined by City.
Additionally, Company shall provide to the City on an annual basis not less than 200 postage -
paid mail -back Sharps containers for. City staff to distribute at special events.
4.19 Textile Diversion Program
Company shall provide a minimum of two City-wide textile collection drives on an annual basis.
Company will deliver textile collection bags to all customers (both single-family and tenants of
multi=family complexes) and will collect the bags on a scheduled day. Textile bags will be
delivered not less than one week prior to the scheduled clothing collection day, but no more than
two weeks prior to the scheduled collection day. Company shall also make available a textile
drop off location at the Company's yard, which shall remain open during the .hours specified in
Section 4. 1.11 of this agreement.
All textiles collected through this program shall be diverted from the landfill either through
donation to a local non-profit organization or through other means of diversion.
5.6 Multi -Family Outreach Program
Company shall provide a public education tool kit to all multi -family complexes in the City at no
additional cost. The tool -kit may include posters, flyers, door hangers, recycling guides, bin
enclosure signs, recycle bin signs, and any thing else deemed appropriate. Materials should be
created to assist multi -family complexes in implementing a recycling program and to assist the
tenants in making the program successful.
Company shall provide in-home basket upon request to any tenant of a multi -family complex
that has recycling bin service. Requests for in-home baskets may be submitted by the
management company, homeowners association, or resident. Company shall arrange for the
delivery of the in-home basket at no additional cost to the customer.
Company shall mail a biannual newsletter to all of the tenants of multi -family dwellings within
the City during the two year grant period. After the grant period, or not less than two years,
Company shall mail an annual newsletter to all of the tenants of multi -family dwellings.
5.7 Increased Residential Outreach
In order to increase the City's diversion and highlight the programs available to residents in the
City, Company shall provide a minimum funding amount of $10,000 for the City to administer a
comprehensive outreach program. This program will be created in conjunction with Company
staff and City staff and shall be fully implemented no later than July 1, 2010.
5.8 Sustainability Program
Company shall partner with 5-10 large businesses in the City to conduct a sustainability cost
analysis, equaling a total cost of up to $50,000. This analysis shall include an assessment of
facilities and operations, execution of programs that improve environmental and economic
performance, and establishment of a roadmap for a more sustainable future. The sustainability
analysis shall look at efficiencies in waste reduction, water, energy, etc.
FOURTH 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 FOURTH 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, (Fourth Amendment) is entered into this day of 2009,
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 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 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 for the rate year commencing on July
1, 2009 to June 30, 2010; and
WHEREAS, pursuant to Section 6.6 of the Agreement, Blue Barrel is entitled to
pursue an extraordinary rate adjustment based on the direct per ton surcharge levied by
local regulatory agencies; and
WHEREAS, the Los Angeles County Board of Supervisors increased the
Countywide Solid Waste Management Fee from $0.86 to $1.50 per ton of waste disposed
at solid waste landfills and transformation facilities as of January 1, 2009; and
WHEREAS, the City has reviewed the extraordinary rate request submitted by
Blue Barrel and find the request to be acceptable per the Agreement; and
WHEREAS, the City and Blue Barrel desire to amend the Agreement by
increasing the maximum rates as outlined in Section 6.3 and 6.6 of the Agreement; and
WHEREAS, Section 4.5.2 of the Franchise Agreement requires that Blue Barrel
Disposal's fleet meet a number of requirements, including operating a fleet younger than
ten years of age; and
WHEREAS, there has been a dispute between the City and Blue Barrel regarding
Blue Barrel's compliance with Section 4.5.2 of the Residential Franchise Agreement;
and
WHEREAS, City staff and Blue Barrel staff have been working collectively to
address the issues related to the dispute, and in addition to identify ways to improve the
level of services provided by Blue Barrel to increase waste diversion. These
collaborative efforts have resulted in the modification of one franchise program and the
creation of five additional programs; and
WHEREAS, the City and Blue Barrel desire to amend the Agreement by
replacing the language for the manure collection program; and
WHEREAS, the City and Blue Barrel desire to amend the Agreement by adding
five additional sections to the Agreement to include a sharps program, clothing recycling
program, multifamily outreach program, an increased outreach program, and
sustainability program; and
WHEREAS, The City and Blue Barrel shall have no obligation to provide
additional consideration for these modifications and new programs other than agreed to.
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, 2009, and ending June 30, 2010:
❑ Standard Service Rate $17.33 per month
❑ Reduced Rate for no Greenwaste Services $15.33 per month
❑ Reduced Rate for Senior/Lifeline Customers $13.86 per month
❑ Mobile Home Service Rate $13.00 per month
The multifamily rates will be as follows:
Container Number of Weekly Pickups 71
2
MIJ
Size
1
2
3
4
5
6
7
1.5 d
52.25
104.52
156.77
209.02
261.27
313.54
365.79
2 yd
55.71
111.39
167.10
222.80
278.48
334.17
389.88
3 yd
62.59
125.14
187.74
250.31
312.88
375.46
438.05
4 yd
69.45
138.93
208.37
277.82
347.28
416.75
486.19
Special Services
Costs
Street Litter Carts
$15.37
per set per month
Restart Charge
$15.63
Refuse Overage Extra Pickup
$5.22 per
pickup
Locking Bin
$10.43
per bin per month
Bulk Billing Discount
8%
Extra Bulky Item Pickup
$20.85
per pickup
Additional Bin Cleanings
$36.49
per cleaning
Extra Bin Empties
$36.49
per empty
Compactor Rates
2x comparable
bin rate
Late Fees
1.5% per month
Emergency Services
$72.98
per hour
Manure Collection
100% of comparable multifamily bin refuse rate
Prepayment Discount
One month free with 11 months prepaid
SECTION 2. Section 4.4 of the Agreement shall be amended to read as follows:
4.4 Manure Collection
Company shall provide any Customer that requests a Container for the Collection of
manure with either a 64 -gallon Cart (considered a green waste cart) or a Bin. Company
shall collect all manure placed in a green waste cart or Bin at least once per week, or
more often if arranged between Customer and Company. Customers may be instructed
not to fill the Containers above a specified line or weight, so as not to damage the
Containers or Collection equipment, and City shall resolve any disputes regarding the
maximum weight that may be accommodated in such Containers. Customers may place
the manure in their green waste carts, which is provided at no charge. Customers that
utilize bin service for manure collection may be charged no more than the rate as set forth
in Exhibit 2 for refuse collection service of the same size Container and at the same
frequency. All manure collected shall be diverted from landfilling through composting or
other means and may not be collected or commingled with Refuse.
SECTION 3: The agreement shall be amended to contain the following sections:
4.18 Sharps Program
Home generated sharps, such as needles, syringes, and lancets shall be placed in a sharps
container and removed from the regular waste stream to minimize exposure to solid
waste workers and recyclables processors. To ensure sharps are handled in an appropriate
manner, Company shall provide, upon request, each residential account with up to one
postage -paid mail -back sharps containers per year at no additional cost. Seniors shall be
provided with up to two postage -paid mail -back sharps containers per year at no
additional cost. Residents requesting Sharps containers may request containers only at
participating pharmacies. Company shall work with pharmacies located within the City's
boundaries to establish this program and provide sharps containers to participating
pharmacies. In addition, Company shall promote this program in all quarterly newsletters
and in other forms of outreach as determined by City.
Additionally, Company shall provide to the City on an annual basis not less than 200
postage -paid mail -back Sharps containers for City staff to distribute at special events.
4.19 Textile Diversion Program
Company shall provide a minimum of two City-wide textile collection drives on an
annual basis. Company will deliver textile collection bags to all customers (both single-
family and tenants of multi -family complexes) and will collect the bags on a scheduled
day. Textile bags will be delivered not less than one week prior to the scheduled clothing
collection day, but no more than two weeks prior to the scheduled collection day.
Company shall also make available a textile drop off location at the Company's yard,
which shall remain open during the hours specified in Section 4. 1.11 of this agreement.
All textiles collected through this program shall be diverted from the landfill either
through donation to a local non-profit organization or through other means of diversion.
5.6 Multi -Family Outreach Program
Company shall provide a public education tool kit to all multi -family complexes in the
City at no additional cost. The tool -kit may include posters, flyers, door hangers,
recycling guides, bin enclosure signs, recycle bin signs, and any thing else deemed
appropriate. Materials should be created to assist multi -family complexes in
implementing a recycling program and to assist the tenants in making the program
successful.
Company shall provide in-home basket upon request to any tenant of a multi -family
complex that has recycling bin service. Requests for in-home baskets may be submitted
by the management company, homeowners association, or resident. Company shall
arrange for the delivery of the in-home basket at no additional cost to the customer.
Company shall mail a biannual newsletter to all of the tenants of multi=family dwellings
within the City during the two year grant period. After the grant period, or not less than
two years, Company shall mail an annual newsletter to all of the tenants of multi -family
dwellings.
5.7 Increased Residential Outreach
4
In order to increase the City's diversion and highlight the programs available to residents
in the City, Company shall provide a minimum funding amount of $10,000 for the City to
administer a comprehensive outreach program. This program will be created in
conjunction with Company staff and City staff and shall be fully implemented no later
than July 1, 2010.
5.8 Sustainability Program
Company shall partner with 5-10 large businesses in the City to conduct a sustainability
cost analysis, equaling a total cost of up to $50,000. This analysis shall include an
assessment of facilities and operations, execution of programs that improve
environmental and economic performance, ,and establishment of a roadmap for a more
sustainable future. The sustainability analysis shall look at efficiencies in waste
reduction, water, energy, etc.
(Signatures on next page)
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
CITY OF SANTA CLARITA
A California Municipal Corporation
Frank Ferry, Mayor
ATTEST:
Sharon L. Dawson, MMC
City Clerk
APPROVED AS TO FORM:
Carl K. Newton
City Attorney
51
U.S.A. WASTE OF CALIFORNIA, INC., DBA
BLUE BARREL DISPOSAL
[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 )
[M
Date
personally appeared
Place Notary Seal Above
before me,
Here Insert Name and Title of the Officer
Name(s) 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
Signature of Notary Public
Z
3Z