CC Resolution 2023-014 Burrtec Amendment 1 to Amended & Restated AgreementRESOLUTION NO. 2023 - 014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT
TO THE AMENDED AND RESTATED AGREEMENT WITH
BURRTEC WASTE AND RECYCLING SERVICES, LLC
FOR SOLID WASTE HANDLING SERVICES
WHEREAS, the California Integrated Waste Management Act of 1989 ("AB 939")
(California Public Resources Code Section 40000 et seq.) has declared that it is in the
public interest to authorize and require local agencies to make adequate provisions for
Solid Waste handling within their jurisdictions to meet the goals and requirements of AB
939; and
WHEREAS, on May 17, 2022, the City Council adopted Resolution No. 2022-013
approving that certain Amended and Restated Agreement between City of La Quinta and
Burrtec Waste And Recycling Services, LLC ("Burrtec") for Solid Waste Handling
Services, effective July 1, 2022 (the "Agreement"); and
WHEREAS, the Agreement is the currently operative exclusive franchise
agreement for the City's waste hauling and recycling services, entered into pursuant to
AB 939 and Public Resources Code Sections 49300 and 49500 thereunder, and the
applicable provisions of the La Quinta City Charter and Municipal Code, under which the
City determined that the public health, safety, and well-being required the Agreement to
be awarded to a qualified company for the collection, transportation, recycling,
processing, and disposal of solid waste and other services to meet the goals and
requirements of AB 939; and
WHEREAS, the Term of the Agreement commenced on July 1, 2022, and will
expire on June 30, 2037; and
WHEREAS, the City wishes to enter into an amendment to the Agreement, subject
to the terms and conditions set forth in this Resolution and the Agreement, for specified
additional services relating to the acceptance of recyclable materials and Household
Hazardous Waste (HHW); and
WHEREAS, California Public Resources Code Section 49300 requires the City to
approve the terms of the proposed Amendment pursuant to a City Council Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1. The City of La Quinta hereby approves the Amendment to Amended
and Restated Agreement between City of La Quinta and Burrtec Waste And Recycling
Services, LLC for Solid Waste Handling Services, in the form attached to the Staff Report
accompanying this Resolution (the "Amendment").
Resolution No. 2023 - 014
Amendment to the Amended and Restated Agreement with Burrtec - Adding Collection of Household Hazardous
Waste effective July 1, 2023
Adopted: June 6, 2023
Page 2 of 2
SECTION 2. The term of the Amendment shall be for the same Term as the
Agreement.
SECTION 3. The City Manager, with concurrence of the City Attorney, may make
non -substantive edits to the Amendment as required, and the City Manager shall have
the authority to execute the Amendment on behalf of the City.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 6th day of June, 2023, by the following vote:
AYES: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor
Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
MONIKA RADENA, CltC Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIANrFT IHRKE, City Attorney
City of La Quinta, California