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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 a Califor B EAN RVI 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. 49 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. 50 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 51 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