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Home My WebLink About2016-05-24 - RESOLUTIONS - BURRTEC WASTE INDUSTRIES, INC (2)RESOLUTION NO. 16-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADOPTING THE FOURTH 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 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, 2016, to June 30, 2017; and WHEREAS, AB 1826 requires that jurisdictions implement an organics recycling program for businesses, that includes education, outreach, and monitoring activities and reporting annually to CalRecycle; 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 "Fourth Amendment of the Amended and Restated Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste Management Services" (Fourth Amendment), a copy of which is attached hereto is hereby approved. The City Manager is authorized to execute the Fourth Amendment on behalf of the City. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 24" day of May 2016. ►e'I611WIN CITY C ERIK l DATE: l �( k' STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CL ARITA ) 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 24th day of May 2016, by the following vote: AYES: COUNCILMEMBERS: Boydston, Acosta, McLean, Weste, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CL C 1 FOURTH 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 FOURTH AMENDMENT OF THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC., FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES, (Fourth Amendment) is entered into this day of 2016, 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, 2016; and WHEREAS, AB 1826 requires that jurisdictions implement an organics recycling program for businesses, that includes education, outreach, and monitoring activities and reporting annually to CalRecycle; 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. 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. "Initial Rates" shall be retitled as "Maximum Rates" and shall be amended to contain the following maximum rates commencing July 1, 2016: Container Number of Weekly Pic ku s Size 1 2 3 4 5 6 32 -gal Cart $45.71 $82.32 $137.18 $182.90 $228.65 $274.38 90 -gal Cart $51.15 $92.06 $153.43 $204.59 $255.75 $306.90 1.5 yd3 $71.52 $139.45 $207.40 $274.62 $341.81 $409.05 2 yd3 $74.41 $145.09 $215.78 $285.76 $355.67 $425.64 3 yd3 $81.38 $158.67 $235.98 1 $312.50 $388.97 $465.50 4 yd3 $102.24 $199.40 $296.54 $392.65 $488.78 $584.88 6 yd3 $130.78 $254.98 $379.23 $502.14 $625.05 1 $747.98 Container Number of WeeklyGreen Waste Pickups Size 1 2 3 4 5 6 3 yd3 $61.04 $119.00 $176.99 $234.38 $291.73 $349.13 Container Number of WeeklyOr anic Waste Pickups Size 1 2 3 4 5 6 65 -gal Cart $89.19 $164.74 $267.66 $356.86 $446.10 $535.33 1.5 yd3 $144.41 $283.40 $422.46 $560.42 $698.32 $836.29 2 yd3 $162.82 $320.23 $477.70 $634.09 $790.40 $946.79 1 1 u 1 1 Special Services Costs Locking Bin $12.62 per bin per month Commercial Bulky Item Pickup $25.23 per item Additional Bin Cleanings $44.17 per cleaning Extra Bin Pick -Up $44.17 per bin Extra Trash Cart Pick -Up $31.26 per barrel Extra Compactor Pick -Up $62.66 per compactor Compactor Rates 2x comparable bin rate Late Fees 1.5% per month Emergency Services $88.37 per hour SECTION 2. Except as expressly modified in this Fourth 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: Kevin Tonoian City Clerk APPROVED AS TO FORM: Joseph Montes City Attorney 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 j On before me, Date 1 Place Notary Seal Above Signature Signature of Notary Republic 1 Name(s) of Signer(s) Here Insert Name and Title 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 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.