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2015-03 r- _ ✓ RESOLUTION NO. 2015-03 A RESOLUTION OF THE CITY OF GRAND TERRACE CALIFORNIA APPROVING AMENDMENT NOA OF THE INTEGRATED WASTE MANAGEMENT SERVICE AGREEMENT TO ALLOW FOR THE REMITTANCE OF SEWER FEES COLLECTED BY BURRTEC WASTE INDUSTRIES TO THE CITY OF COLTON WHEREAS, on July 1, 2007, the City of Grand Terrace and Burrtec Write Industries, Inc. entered into an agreement for Integrated Waste Services; WHEREAS, said Agreement has been amended over time,-with -the. most-recent amendment, Amendment No. 3, authorizing Burrtec to bill and collect--sewer fees on behalf of the City and remit collected fees to City; and WHEREAS, in May 2014, the City entered into various agreements with the City of Colton, including a Sewer Services Agreement, which allows Colton to collect sewer service fees. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: SECTION 1. That the foregoing recitals are true and correct and are incorporated herein by reference. SECTION 2. That the existing Integrated Waste Management Service Agreement was entered into between the City and Burrtec Waste Industries, Inc. on July 1, 2007. SECTION 3. Colton has requested, and Burrtec and City is amenable, that Burrtec remit collected sewer fees to the City of Colton. SECTION 4. Amendment No. 4, attached hereto as Exhibit A,--authorizes Burrtec to remit collected sewer fees along with a payment report to Colton, with a-copy of the-.payment report to City. _ SECTION 5. This Resolution shall take effect immediately upon-it-s adoption. RESOLUTION NO. 2015-03 PAGE 1 OF 4 FEBRUARY 10, 2015 z PASSED, APPROVED,AND ADOPTED at a regular meeting of the City Council of the City of Grand Terrace,held on this the 1 Oth day of February, 2015. cy McNab e Mayo A ST: P ac s City C1e I, PAT JACQUEZ-NARES, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 101h day of February, 2015 by the following vote: AYES: Council Members Mitchell, Wilson, Hussey, Mayor Pro Tem Robles, Mayor McNaboe NOES: None ABSENT: None ABSTAIN: None 'P*aac r C APPROVED AS TO FORM t� Ric L. Adams II City Attorney RESOLUTION NO. 2015-03 PAGE 2 OF 4 FEBRUARY 10, 2015 2015-05 ,r EXHIBIT"A" _ . . FOURTH AMENDMENT TO THE FRANCHISE AGREEMENT BETWEEN THE CITY Op . GRAND TERRACE AND BURRTEC WASTE. INDUSTRIES INC.: FOR THE PROVISION OF INTEGRATED WASTE MANAGEMENT SERVICES THIS: AMENDMENT :(°Amendmerit. 4"). is made and entered into this 13'.' day of February 2015, by and between the CITY OF GRAND TERRACE ("City"), a:Municipal Corporation, .and Burrtec. :Waste Industries, Inc., ("Franchisee"). a California Corporation,:setting forth amendments to Sections 19, Compensation. Section 1: Section 19, G, COMPENSATION is hereby amended.ao.read as follows: Billing and Payment Contractor shall bill all.Residential, Commercial and Industrial customers,for all services approved by City,:whether regular or special, including Residential per unit_ charges for City sewer.fees, as such sewer fees are established by the City Council. Contractor shall provideitemized bills in aform approved by City, distinctly showing charges-for all classifications of service, including the charges for late payment. Billings shall be made monthly in advance,.or as determined appropriate:by the Contractor; for:Commercial Industrial and: all bin service :customers, and: shall be made no ,less bimonthly in .. .. . . advance for: all residential customers. 1,.Beginning March 1, 2015 Contractor shall be responsible forremitUng to the City of:Colton all Residential and School City sewer fees collected through Contractor's billing service, including a Payment Report of collected sewer service fees. In addition, at the time of remittance to the City of :Colton, Contractor.:shall submit .a:copy of the Payment,Report to City. Section 2. All other terms, provisions and conditions of the Original .Agreement, Amendment 1, Amendment 2,. and Amendment 3 to the extent not modified .by this Amendment, shall remain in full force and effect. IN WITNESS THEREOF, the parties.hereto have caused this Amendment Number 4 to be' `executed by and through their respective authorized officers, as of the date first above.written. RESOLUTION NO. 2015-03 PAGE 3 OF 4 FEBRUARY 10, 2015 t THE.CITY OF GRAND TERRACE, A Municipal Corporation. By. By: arty CNa o ole Burr;l. ayor President APPROVED AS TO FORM: and ..Adams II City Attorney. : : RESOLUTION NO. 2015-03 PAGE 4 OF 4 FEBRUARY 10, 2015