HomeMy WebLinkAboutRES 2022-019RESOLUTION NO. 2022-19
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN AMENDED FRANCHISE
AGREEMENT WITH BURRTEC WASTE AND RECYCLING SERVICES,
LLC TO COLLECT SOLID WASTE, RECYCLABLES, AND ORGANIC
WASTE
WHEREAS, the Legislature of the State of California, by enactment of 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, pursuant to California Public Resources Code Section 49300 and
49500-49500 and the applicable provisions of the City Charter and Municipal Code, the City
of Palm Desert has determined that the public health, safety, and well-being require that an
exclusive Franchise 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, on May 15, 2009, City and Company, entered into that certain Exclusive
Franchise Agreement between City of Palm Desert and Burrtec Waste and Recycling
Services for Integrated Solid Waste Services (Initial Agreement); and,
WHEREAS, the Parties entered into that certain Amended Franchise Agreement
dated as of May 15, 2015, for the purposes of integrated Solid Waste Management
Services (the Amended Agreement); and
WHEREAS, the Amended Agreement will expire on May 31, 2023; and,
WHEREAS, the Parties desire to further amend and restate the Amended
Agreement; and,
WHEREAS, the City and the Company desire to enter into the Amended Franchise
Agreement between the City of Palm Desert and Burrtec Waste and Recycling Services,
LLC (Agreement) to amend and supersede the Initial Agreement and Amended Agreement;
and,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Desert, California, that it approves the Amended Franchise Agreement between the
City of Palm Desert and Burrtec Waste and Recycling Services, LLC (Agreement) to collect
solid waste, recyclables, and organic waste from all residents and businesses for the term
of 11 years from April 1, 2022 to March 31, 2033, a copy of which is on file with the City
Clerk. The City Manager with the concurrence of the City Attorney may make non -
substantive edits to the Agreement as required.
RESOLUTION NO. 2022-19
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm I
Desert, California at its regular meeting held this 10th day of March 2022, by the following
vote, to wit:
AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
JAN C. HARNIK, MAYOR
ATTEST:
NIAMH M. ORTEGA; DEPUTY CITY CLERK
CITY OF PALM DESERT, CALIFORNIA