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HomeMy WebLinkAbout2009-05-26 - RESOLUTIONS - BURRTEC WASTE INDUSTRIES (2)RESOLUTION 09-32 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 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. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 26th day of May, 2009. ATTEST: a CITY CLERK 2 1 1 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 26th day of May, 2009, by the following vote: AYES: COUNCILMEMBERS: Weste, Kellar, McLean, Ender, Ferry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 1 1 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 09-32, adopted by the City Council of the City of Santa Clarita, California on May 26, 2009 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, MMC City Clerk By Susan Caputo, CMC Deputy City Clerk 0 1 1 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 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, 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 i7 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 $67.04 $130.72 $194.40 $257.43 $320.44 $383.47 $446.48 4 yd $84.23 $164.27 $244.28 $323.47 $402.64 $481.82 $561.01 6 yd 1 $107.73 $210.05 $312.40 $413.65 $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) 2 1 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 1 1 State of California County of On Date personally appeared _ Place Notary Seal Above 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] 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 M Signature of Notary Public 1 1 1 1 1 2009 Burrtec Rates Container Number of Weekly Pickups Size 1 2 3 4 5 6 7 .490 gal(<'08) $�42 1°2 t' 2$M;f,$1R26'3'S ,. $1568 47';t ,,$-2F10 60„=.,$215271A'S294 834: 90 -gal ('09) $42.13 $75.84 $126.40 $168.54 $210.68 $252.81 $294.94 32ilga1('08);._" ;$3�165� ;�$'6778�$112 96'?$1"50`61"�$v188�27 263,60 32 -gal ('09) $37.67 $67.81 $113.00 $150.67 $188.35 $226.03 $263.70 1.5 yd- ('09) $58.92 $114.87 $170.85 $226.22 $281.58 $336.96 $392.33 2 ds u08 ss_ $61'2`8,$h119 48;`,$11777® .$2K35*`3'Ox 29289, $3'5O4a49 y;$40808 2 yd ('09) $61.30 $119.53 $177.77 $235.40 $293.00 $350.63 $408.25 O1'$130$67F� $;194 33r $257 *32, l$3203�1 F $383, 32 x$446 30{x Y � � 3 ,yd ('09) $67.04 $130.72 $194.40 $257.43 $320.44 $383.47 $446.48 4 yd ('09) $84.23 $164.27 $244.28 $323.47 $402.64 $481.82 $561.01 6 yid t F,08 , $1Ot,7, 68 5 `$20997 v .$312 281; $41;3 49_> F�$51°4�70�k $6wa1?5" 93; ; <$71°7 n14 6 yd ('09) $107.73 $210.05 $312.40 $413.65 1 $514.90 $616.18 $717.43 Special Services ; ;, 2008 Fla 2009 Extra Bin Empties $36.40 per bin Compactor Rates 2xcomparablerate 2x comparable rate Locking Bins '$1F0�;.40�,perxbm/per;month $10.40 per bin/per month Additional Bin Cleaning$3638perclean>rig""" $36.40 per cleaning Commercial Bulky Item Pickup $2q79�per�item`�'�� �� ? $20.80 per item Emergency Services $7p277perh`©ur 4 ,_, $72.80 per hour Late Fee lk l 5%aper rn`oritli j �1 1.5% per month S:lenvsrvcsisolwast2/council/2009/rate adjustment agenda item attachments/burrtec rates July 2009