HomeMy WebLinkAbout2014-05-27 - RESOLUTIONS - SECOND AMEND BURRTEC WASTE MGM (2)' RESOLUTION NO. 14-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, ADOPTING THE SECOND AMENDMENT OF THE AMENDED AND
RESTATED AGREEMENT BETWEEN THE CITY OF SANTA CLAR TA 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 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.
(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, 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 Industries, 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 "Second Amendment of the Amended and Restated Agreement
Between the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid
Waste Management Services" (Second Amendment), a copy of which is attached hereto is hereby
approved. The City Manager is authorized to execute the Second Amendment on behalf of the
City.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 27th day of May 2014.
ATTEST:
INWM5WCLBW
DATE: G? �/�/ K
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Armind 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 27th day of May 2014, by the following vote:
AYES: COUNCILMEMBERS: Kellar, Acosta, McLean, Boydston, Weste
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RIM C RK '
' SECOND 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 SECOND AMENDMENT OF THE AMENDED AND RESTATED
AGREEMENT BETWEEN THE CITY OF SANTA CLARIT'A AND BURRTEC
WASTE INDUSTRIES, INC., FOR COMMERCIAL SOLID WASTE
MANAGEMENT SERVICES, (Second Amendment) is entered into this day
of 2014, 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 Buntec 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, 2014; 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:
1
SECTION 1. Exhibit 2 of the Amended and Restated Agreement shall be amended to '
contain the following maximum rates commencing July 1, 2014:
SECTION 2. Except as expressly modified in this Second Amendment, all other
provisions of the Agreement are and remain in effect.
(Signatures on next page)
Number of Wee kl Pickups
Container Size
1
2
3
4
5
6
7
90 -gal Cart
$48.38
$87.07
$145.12
$193.50
$241.88
$290.26
N/A
32 -gal Cart
$43.24
$77.85
$129.74
$172.99
$216.25
$259.51
N/A
1.5 yd3
$67.65
$131.89
$196.16
$259.73
$323.28
$386.87
$450.44
2 yd3
$70.38
$137.23
$204.09
$270.27
$336.39
$402.57
$468.72
3 yd3
$76.97
$150.07
$223.19
$295.56
$367.89
$440.27
$512.62
4 d3
$96.70
$188.59
$280.46
$371.37
$462.28
$553.18
$644.10
6 yd3
$123.69
$241.16
$358.67
$474.92
$591.17
$707.44
$823.69
Number of Weekly Green Waste Pickups
Container Size
1
2
3
4
1 56
7
3 yd3
$57.72
$112.56
$167.39
$221.67
1 $275.92
$330.20
1 $384.46
Special Services
Costs
Locking Bin
$11.94 per bin per month
Commercial Bulky
Item Pickup
$23.86 per item
Additional Bin Cleanings
$41.78 per cleaning
Extra Bin Empties
$41.78 per bin
Extra Trash Cart Empties
$29.56 per barrel
Compactor Rates
2x comparable bin rate
Late Fees
1.5% per month
Emer enc Services
$83.58 per hour
SECTION 2. Except as expressly modified in this Second 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:
Armin Chaparyan
Interim City Clerk
APPROVED AS TO FORM:
Joseph Montes
City Attorney
By:
3
BURRTEC WASTE INDUSTRIES, INC. I
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, ,
Dale I Here Imett Name anal Title oftbe officer
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
ftntore ofNotery Polak