HomeMy WebLinkAbout2010-05-25 - RESOLUTIONS - AGREEMENT BLUE BARREL WASTE (2)RESOLUTION NO. 10-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, APPROVING THE FIFTH 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 Ill + 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, inciuding the frequency of
collection, means of collection and transportation, level of services and natare, ' 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, 2010, to
June 30, 2011; 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.
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 "Fifth 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 Fifth Amendment), a copy of which is attached. The Mayor is authorized to execute the
Fifth Amendment on behalf of the City and such Fifth Amendment is hereby approved.
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SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 25th day of May, 2010.
ATTEST: - }
UW"
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sarah P. Gorman, 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 Clari_ta at a
regular meeting thereof, held on the 25th day of May, 2010, by the following vote:
AYES: COUNCILMEMBERS: Ferry, Ender, Kellar, McLean, Weste
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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CITY CLE
C
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL. RES OLUMON
I, , City Clerk of the City of Santa Clarita. do hereby
certify that this is a true and correct copy of the original Resolution No. 10-21, adopted by the
City Council of the City of Santa Clarita, California on May 25, 2010, which is now on file in my
office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of 2010.
City Clerk
By
Deputy City Clerk
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FIFTH 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 FIFTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
SANTA CLARITA AND USA --WASTE OF -CALIFORNIA, -lNC., DBA -BLUE
BARREL DISPOSAL FOR RESIDENTIAL SOLID WASTE MANAGEMENT
SERVICES, (Fifth Amendment) is entered into this day of 2010,
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 I I 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 I 1 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, 2010, to June 30, 2011.
NOW, THEREFORE, the City and Blue Barrel, in consideration of their mutual
promises, amend the Agreement as follows:
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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, 2010, and ending June 30, 2011:
• Standard Service Rate $17.90 per month
• Reduced Rate for no Greenwaste Services $15.90 per month
• Reduced Rate for Senior/Lifeline Customers $14.32 per month
• Mobile Home Service Rate $13.43 per month
The multifamily rates will be as follows:
Container
Costs
Street Litter Carts
Number of Weekly Pickups
Restart Charge
$16.14
Size
1
2-
3
4
5
6
7
1.5 yd3
$53.96
$107.94
$161.90
$215.85
$269.81
$323.79
$377.75
2 d
$57.53
$115.03
$172.56
$230.09
$287.59
$345.10
$402.63
3 yd
$64.64
$129.23
$193.88
$258.50
$323.11
$387.74
$452.37
4 yd
$71.72
$143.47
$215.18
$286.90
$358.64
1 $430.38
$502.09
Special Services
Costs
Street Litter Carts
$15.87 per set per month
Restart Charge
$16.14
Refuse Overage Extra Pickup
$5.39 per pickup
Locking Bin
$10.77 per bin per month
Bulk Billing Discount
8%
Extra Bulky Item Pickup
$21.53 per pickup
Additional Bin Cleanings
$37.68 per cleaning
Extra Bin Empties
$37.68 per empty
Compactor Rates
2x comparable bin rate
Late Fees
1.5% per month
Emergency Services
$75.37 per hour
Manure Collection
100% of comparable multifamily bin refuse rate
Prepayment Discount
One month free with 11 months prepaid
(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
Laurene Weste, Mayor
ATTEST:
Sarah P. Gorman
City Clerk
APPROVED AS TO FORM:
Carl K. Newton
City Attorney
By:
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U.S.A. 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 )
On before me,
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
Place Notary Seal Above
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
El
Signature of Notary Public