2022-2037 Burrtec Waste & Recycling Amended & Restated No. 2 - Amendment 1AMENDMENT TO AMENDED AND RESTATED AGREEMENT BETWEEN
CITY OF LA QUINTA AND BURRTEC WASTE AND RECYCLING SERVICES LLC
FOR SOLID WASTE HANDLING SERVICES
This Amendment to Amended and Restated Agreement between City of La Quinta and
Burrtec Waste And Recycling Services, LLC for Solid Waste Handling Services (this
"Amendment") is entered into this 1st day of July, 2023, by and between the CITY OF LA
QUINTA ("City") and BURRTEC WASTE AND RECYCLING SERVICES, LLC (the
"Contractor") with the City and Contractor sometimes together referred to herein as the "Parties."
RECITALS
WHEREAS, the Parties previously entered into that certain Amended and Restated Agreement
between City of La Quinta and Burrtec Waste And Recycling Services, LLC for Solid Waste
Handling Services, dated May 17, 2022 and effective July 1, 2022 (hereinafter, the "Agreement")
WHEREAS, the Agreement is the currently operative exclusive franchise agreement for the City's
waste hauling and recycling services, entered into pursuant to the California Integrated Waste
Management Act of 1989 (California Public Resources Code Section 40000 et seq.), Public
Resources Code Sections 49300 and 49500 thereunder, and the applicable provisions of the La
Quinta City Charter and Municipal Code; City and the Contractor desire to amend the Agreement as
set forth herein.
NOW THEREFORE, for valuable consideration, the parties hereto agree as follows:
1. Amendment to Section 8.6.8. Section 8.6.8 of the Agreement is hereby amended to read in
its entirety as follows:
"8.6.8 Acceptance of Recyclable Materials and Household Hazardous Waste.
Contractor shall accept, free of charge, batteries, florescent or mercury light tubes,
and materials commonly known as e -waste that are dropped off by Customers at
Contractor's yard in Palm Desert.
Contractor shall arrange and manage Household Hazardous Waste (HHW) (Hazardous
Waste generated at residential Premises) collection. The service shall be operated according
to the following guidelines:
A. Collections shall be made Monday through Friday during normal business
hours of 8:00 a.m. to 5:00 p.m. to any residential dwelling that has provided Contractor with
not less than seventy-two (72) hours prior telephone or written request by the occupant on
any weekday.
B. Residents must store HHW materials in a secure location not accessible to the
general public until collected by Contractor.
B. The total amount of HHW materials collected from an individual dwelling
unit shall not exceed fifteen (15) gallons (2201bs) per pickup as regulated by State
regulations.
C. The number of collections at any dwelling shall be limited to four (4) in each
calendar year.
D. Materials to be collected must be presented for collection in labeled, spill and
leak -proof containers.
E. Prior to acceptance for collection, all materials shall be inspected by
Contractor's representative and only those materials that can be identified by either their
original container labeling or by sight recognition of a trained technician will be accepted
for collection.
F. The dwelling occupant or a responsible adult representative of the dwelling
must be present at the time of collection or the material must be placed at a side gate or
secure area. No items will be accepted at the curbside of any residents.
G. Multifamily residential dwellings shall keep materials in a safe but accessible
location for collection. Property manager/Contractor shall be responsible for the setup of a
central location that all tenants may temporarily place materials that is safe and accessible
for pickup.
H. The initial rate shall be $.73 per home per month, Contractor may annually
adjust the rate in accordance with Section 24.
I. Collection of Household Hazardous Waste shall commence July 1, 2023.
2. No Other Changes. Except as specifically provided herein, all terms and conditions of the
Agreement shall remain in full force and effect, without waiver or modification. All terms defined
in the Agreement shall have the same meaning when used in this Amendment. This Amendment
and the Agreement shall be read together as one document. In the event of any conflict between the
terms of this Amendment and the Agreement, the terms of this Amendment shall prevail.
[Signature page follows]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of
the day and year first above written.
APPROVED AS TO FORM:
William H. Ihrke, City Attorney
CITY F LA QUINTA
By:
Jon Mc i n, City Manager
ated: iCy i 20Z�
BURRTEC W
RECYCL
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LLC,
ility company
Its:
City of La Quinta
CITY COUNCIL MEETING: June 6, 2023
STAFF REPORT
CONSENT CALENDAR ITEM NO. 4
PULLED FROM CONSENT CALENDAR AND
CONSIDERED AS BUSINESS SESSION ITEM NO. 1.1
AGENDA TITLE: ADOPT RESOLUTIONS TO: 1) APPROVE AMENDMENT TO THE
AMENDED AND RESTATED AGREEMENT WITH BURRTEC WASTE AND
RECYCLING SERVICES, LLC, FOR SOLID WASTE HANDLING SERVICES, TO ADD
COLLECTION OF HOUSEHOLD HAZARDOUS WASTE EFFECTIVE JULY 1, 2023;
AND 2) REQUEST COUNTY OF RIVERSIDE PLACE COLLECTION COSTS FOR
SOLID WASTE HANDLING SERVICES AT SINGLE-FAMILY DWELLINGS ON TAX
ROLLS
RECOMMENDATION
A. Adopt a Resolution to approve an Amendment to the Amended and Restated
Agreement with Burrtec Waste and Recycling Services, LLC, for Solid Waste
Handling Services, to add collection of household hazardous waste effective July
1, 2023, and authorize the City Manager to execute the amendment.
B. Adopt a Resolution to request the County of Riverside place collection costs for
solid waste handling services for single-family dwellings on the Tax Rolls for fiscal
year 2023/24.
EXECUTIVE SUMMARY
• On May 17, 2022, Council adopted Resolution No. 2022-013 approving the current
operative exclusive franchise agreement for waste hauling and recycling services
in the City, with the Amended and Restated Agreement with Burrtec Waste and
Recycling Services, LLC (Burrtec), effective July 1, 2022, which included property
tax roll billing for residential customers.
• The proposed Amendment to the Amended and Restated Agreement with Burrtec
(Amendment) will implement an additional service of household hazardous waste
pickup upon 72 -hour request, limited to four times per calendar year, per
household, beginning July 1, 2023.
• The County Tax Assessor requires Council to annually adopt a resolution
requesting that the cost of solid waste collection services be placed on the
residential Tax Rolls.
• Included in the residential and commercial recycling rates is the recycling process
fee to address the realignment of recycling.
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FISCAL IMPACT
There are no additional costs to the City. Costs for household hazardous waste pickup
service requests, as set forth in the Amendment, will be billed to residents.
BACKGROUND/ANALYSIS
The City contracts with Burrtec for solid waste collection, handling, and street sweeping
services. The agreement stipulates that the cost for single-family dwelling services will be
collected on the Tax Rolls; and Section 24 of the agreement states that Burrtec can adjust
the rates per the Consumer Price Index and any increases from the Transfer Station.
Single -Family Dwelling
2022 Rate
(existing)
2023 Rate
(proposed)
Service Component
$12.35/month
$16.29/month
Disposal Component
$6.40/month
$6.86/month
AB 939 Fee
$0.10/month
$0.10/month
Total Rate
$18.85/month
$226.20/year
$23.25/month
$279.00/year
Additional Residential Services
2022 Rate
(existing)
2023 Rate
(proposed)
Additional Refuse Cart
$8.41/month
$100.92/year
$8.79/month
$105.48/year
Backyard Service for 3 containers
$14.96/month
$179.52/year
$15.64/month
$187.68/year
Backyard Service additional container
$2.95/month
$34.40/year
$3.09/month
$37.08/year
PGA 2nd Pick-up Day
$14.92/month
$179.04/year
$15.73/month
$188.76/year
Surcharge for Homeowners Association
desiring Monday service
10% of Service
Component
10% of Service
Component
These service costs are not subject to Proposition 218 (which provides that all taxes and
most charges are subject to voter approval) because Burrtec charges amounts that are
reasonably related to the cost of the service provided.
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SB 1383 legislation launched in January 2022 required cities to provide Organics
Recycling services to all residents and businesses. The current agreement enables
Burrtec to maintain lower rates throughout the agreement terms and reduce the impact
of added costs from the mandatory implementation of SB 1383 Organics Recycling
services.
ALTERNATIVES - Staff does not recommend an alternative.
Prepared by: Reyna Camarena, Management Assistant
Approved by: Gilbert Villalpando, Director
Attachments: 1. Amendment to the Amended and Restated Agreement with Burrtec
2. Waste Handling Service Rates - Effective July 1, 2023
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RESOLUTION 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.
Agreement.
The term of the Amendment shall be for the same Term as the
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
ATTEST:
MONIKA RAD A, Ci Clerk
City of La Quinta, California
APPROVED AS TO FORM:
60i
WILLIAN I f IHRKE, City Attorney
City of La Quinta, California
LINDA EVANS, Mayor
City of La Quinta, California