HomeMy WebLinkAbout2013-05-28 - RESOLUTIONS - 1ST AMEND BURRTEC WASTE AGMT (2)' RESOLUTION NO. 13-24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA, CALIFORNIA,
APPROVING THE TIRST AMENDMENT OF THE AMENDED AND
RESTATED AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND
BURRTEC WASTE INDUSTRIES, INC. (BURRTEC), FOR COMMERCIAL
SOLID WASTE MANAGEMENT SERVICES
WHEREAS, the City of Santa Clarita (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 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.
' (Burrtec), entered into that certain "Agreement Between the City of Santa Clarita and Burrtec
Waste Industries, Inc., for Commercial Solid Waste Management Services"; and
WHEREAS, on May 24, 2011, the City Council directed staff to execute an Amended
and Restated Agreement with Burrtec; and
WHEREAS, pursuant to Section 6.3 of the Amended and Restated Agreement, Burrtec
is entitled to pursue an annual adjustment to its maximum rates for the rate year commencing
on July 1, 2013, to June 30, 2014; and
WHEREAS, the City and Burrtec desire to amend the Amended and Restated
Agreement by increasing the maximum rates as outlined in Sections 6.3 and 6.4 of the
Agreement Between the City of Santa Clarita and Burrtec Waste hrdustries, Inc., for
Commercial Solid Waste Management Services.
NOW, THEREFORE, the City Council of the City of Santa Clarita 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 1 I
of the California Constitution that the public health, safety, and well-being require approval of
that certain "First Amendment of the Amended and Restated Agreement Between the City of
Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste Management
Services" (First Amendment), a copy of which is attached. The City Manager is authorized to I execute the First Amendment on behalf of the City and such First Amendment is hereby
approved.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 28th day of May, 2013.
ATTEST:
DATE: � - w I
2
SI'A'r13OFCALIFORNIA )
COUNTY OF LOS ANGELES } ss.
CITY OF SANTA CLARITA)
I, Arming Chaparyan, Interim 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 28th day of May, 2013, by the following vote:
AYES: COUNCILMEMBERS: McLean, Ferry, Weste, Boydston, Kellar
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
FIRST AMENDMENT OF THE
AMENDED AND RESTATED AGREEMENT
BETWEEN THE CITY OF SANTA CLARITA AND
BURRTEC WASTE INDUSTRIES, INC., FOR COMMERCIAL SOLID
WASTE MANAGEMENT SERVICES
This FIRST AMENDMENT OF THE AMENDED AND RESTATED
AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC
WASTE INDUSTRIES, INC., FOR COMMERCIAL SOLID WASTE
MANAGEMENT SERVICES, (First Amendment) is entered into this day of
2013, 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 "Amended and Restated Agreement
Between the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial
Solid Waste Management Services."
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 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"; and
WHEREAS, on May 24, 2011, the City Council directed staff to execute an
Amended and Restated Agreement with Burrtec and
WHEREAS, pursuant to Section 6.3 of the Amended and Restated Agreement,
Burrtec is entitled to pursue an annual adjustment to'its maximum rates for the rate year
commencing on July 1, 2013; and
WHEREAS, the City and Burrtec desire to amend the Amended and Restated
Agreement by adjusting the maximum rates as outlined in Section 6.3 and 6.6 of the
Amended and Restated Agreement.
NOW, THEREFORE, the City and Burrtec in consideration of their mutual
promises, amend the Amended and Restated Agreement as follows:
i
SECTION 1. Amend Section 6.2 to read as follows.
6.2 Maximum Rates
The rates Company Bills to Customers shall not exceed the Maximum Rates set forth in Exhibit 2.
SECTION 2. Exhibit 2 of the Amended and Restated Agreement, originally entitled "Initial
Maximum Rates" shall be retitled as "Maximum Rates" and shall be amended to contain the following
maximum rates commencing July 1, 2013:
Container
I Number of Weekly Green Waste Pickups
Size
1
2 1 3
Number
of Weekly
Pickups
3 yd3
$55.22
1 $107.68 1 $106.14
1 $212.06 1 $263.96
1 $315.89
Size
1
1.5% per month
2
$79.96 per hour
3
4
5
6
7
90 -gal Cart
$46.28
$83.30
$138.83
$185.11
$231.40
$277.68
N/A
32 -gal Cart
$41.37
$74.48
$124.12
$165.49
$206.88
$248.26
N/A
1.5 yd3
$64.72
$126.17
$187.66
$248.47
$309.27
$370.10
$430.92
2 yd3
$67.33
$131.28
$195.25
$258.56
$321.81
$385.12
$448.41
3 yd3
$73.63
$143.57
$213.52
$282.75
$351.95
$421.19
$490.40
4 yd3
$92.51
$180.42
$268.31
$355.28
$442.25
1
$529.21
$616.19
6 yd3 1
$118.33
1
$230.71
1
$343.13
1
$454.34
1 $565.55
1
$676.78
1
$787.99
Container
I Number of Weekly Green Waste Pickups
Size
1
2 1 3
1 4 1 5
1 6
7
3 yd3
$55.22
1 $107.68 1 $106.14
1 $212.06 1 $263.96
1 $315.89
$367.80
Special Services
Costs
Locking Bin
$11.42 per bin per month
Commercial Bulky Item Pickup
$22.83 per item
Additional Bin Cleanings
$39.97 per cleaning
Extra Bin Empties
$39.97 per bin
Extra Trash Cart Empties
$28.28 pej barrel
Compactor Rates
2x comparable bin rate
Late Fees
1.5% per month
Emergency Services
$79.96 per hour
SECTION 3. Except as expressly modified in this First Amendment, -all other
provisions of the Agreement are and remain in effect.
(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
Kenneth W. Striplin, City Manager
ATTEST:
Armine Chaparyan
Interim City Clerk
APPROVED AS TO FORM:
Joe Montes
City Attorney
By: 1
3
1 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]
State of California )
County of )
On before me,
Dare Here I.m Name and Til le ofthe Officer
Place Notary Seal Above
11
r
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