HomeMy WebLinkAbout2015-05-26 - RESOLUTIONS - BURRTEC WASTE COMMERCIAL WASTE (2)RESOLUTION NO. 15-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, ADOPTING THE THIRD 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 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
t 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, 2015, to June 30, 2016; 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 "Third Amendment of the Amended and Restated Agreement Between
the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste
Management Services" (Third Amendment), a copy of which is attached hereto is hereby
approved. The City Manager is authorized to execute the Third Amendment on behalf of the
City.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 26th day of May 2015.
MAYOR
ATTEST:
CITY CL:
DATE:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Kevin Tonoian, 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 2015, by the following vote:
AYES: COUNCILMEMBERS: Weste, Acosta, Kellar, Boydston, McLean
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CtERKU
11
THIRD 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 THIRD AMENDMENT OF THE AMENDED AND RESTATED
AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE
INDUSTRIES, INC., FOR COMMERCIAL SOLID WASTE MANAGEMENT
SERVICES, (Third Amendment) is entered into this 26` day of May_2015, 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."
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, 2015; 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:
SECTION 1. Exhibit 2 of the Amended and Restated Agreement shall be amended to
contain the following maximum rates commencing July 1, 2015:
SECTION 2. Except as expressly modified in this Third Amendment, all other
provisions of the Agreement are and remain in effect.
(Signatures on next page)
11
Number of Weekly Pickups
Container Size
1
2
3
4
5
6
7
90 -gal Cart
$50.57
$91.01
$151.69
$202.27
$252.84
$303.41
N/A
32 -gal Cart
$45.20
$81.38
$135.62
$180.83
$226.05
$271.27
N/A
1.5 yd'
$70.71
$137.86
$205.05
$271.50
$337.92
$404.40
$470.84
2 yd'
$73.57
$143.45
$213.34
$282.51
$351.63
$420.81
$489.95
3 yd'
$80.46
$156.87
$233.30
$308.95
$384.56
$460.21
$535.84
4 yd'
$101.08
$197.13
$293.16
$388.19
$483.22
$578.24
$673.28
6 yd'
$129.29
$252.08
$374.92
$496.43
$617.95
$739.49
$861.00
Number of Weekly
Green Waste Pickups
Container Size
1
2
3
4
5
6
7
3 yd'
$60.33
$117.66
$177.43
$231.71
$288.42
$345.16
$401.88
Special Services
Costs
Locking Bin
$12.44 per bin per month
Commercial Bulky Item Pickup
$24.87 per item
Additional Bin Cleanings
$43.54 per cleaning
Extra Bin Empties
$43.54 per bin
Extra Trash Cart Empties
$30.81 per barrel
Compactor Rates
2x comparable bin rate
Late Fees
1.5% per month
Emergency Services
$87.11 per hour
SECTION 2. Except as expressly modified in this Third Amendment, all other
provisions of the Agreement are and remain in effect.
(Signatures on next page)
11
' 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:
City
APPROVED AS TO FORM:
Joseph Montes
' City Attorney
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,
Date
Name(s) of Signer(s)
Place Notary Seal Aboo
Signature of Notary Republic
Here Insert Name and Titic of the Officer
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
signatures) 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.