HomeMy WebLinkAbout2010-05-25 - RESOLUTIONS - AGREEMENT BURRTEC WASTE (2)RESOLUTION NO. 10-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA; CALIFORNIA, APPROVING THE TENTH 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 1.1 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 '1) of the California
;
Constitution, California Public Resources Code Section 40059 authorizesthe City t6.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 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 "Tenth Amendment to Agreement Between the City of Santa Clarita and Burrtec Waste
Industries, Inc., for Commercial Solid Waste Management Services" (the Tenth Amendment) a
copy of which is attached. The Mayor is authorized to execute the Tenth Amendment on behalf
of the City and such Tenth Amendment is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
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PASSED, APPROVED AND ADOPTED this 25th day of May, 2010.
ATTEST:
4 s
i t
CITY CLEkK .
f
STATE OF CALIPORNI� )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
(57 , Z
'?AYOR
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 Clarita 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 CLERK
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
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. 10-22, 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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TENTH AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF SANTA CLARITA AND
BURRTEC WASTE INDUSTRIES, INC.,
FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES
This TENTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC., FOR
COMMERCIAL SOLID. WASTE MANAGEMENT SERVICES (Tenth Amendment) is
entered into this day of 2010, between the City of Santa Clarita,
California, a'Califomia 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 I 1 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 Burrtec Waste Industries, Inc.
(Burrtec) entered into the "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 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 6.3 of the Agreement, Burrtec 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 Burrtec desire to amend the Agreement by adjusting the
maximum rates as outlined in Section 63 and 6.6 of the Agreement.
NOW, THEREFORE, the City and Burrtec, 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
Commercial Rates" shall be amended to contain the following maximum rates starting on
Rate Year 7 (July 1, 2010):
Container
Extra Bin Empties
Number of'Weekl y Pickups
Compactor Rates
2x comparable rate
Size
1
2
3
4
5
6
7
90 -gal
$43.51
$78.32
$130.53
$174.05
$217.57
$261.08
$304.58
32 -gal
$38.90
$70.03
$116.70
$155.60
$194.51
$233.42
$272.32
1.5 yd'
$60.85
$118.63
$176.44
$233.62
$290.79
$347.98
$405.16
2 yd'
$63.30
$123.44
$183.58
$243.10
$302.58
$362.10
$421.60
3 yd
$69.23
$134.99 1
$200.76
$265.85 1
$330.92
$396.01
$461.08
4 yd'
$86.98
$169.64 1
$252.27-1-$334.05
1
$415.81
$497.58
$579.36
6 yd
$111.25
$216.92 1
$322.62 1
$427.18 1
$531.74
$636.33
$740.89
Special Services
Extra Bin Empties
$37.59 per bin
Compactor Rates
2x comparable rate
Locking Bins
$10.74 per bin/per month
Additional Bin Cleaning
$37.59 per cleaning
Commercial Bulk), Item Pickup
$21.48 per item
Emergency Services
$75.18 per hour
Late Fee
1.5% per month
(signatures on next page)
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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 W este, Mayor
ATTEST:
Sarah P. Gorman
City Clerk
APPROVED AS TO FORM:
Carl K. Newton
City Attorney
By:
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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]
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
Signature of Notary Public
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