RES-10998 Two Year Extension with CR&R IncorporatedRESOLUTION NO. 10998
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING A TWO -YEAR
EXTENSION OF THE SOLID WASTE FRANCHISE
AGREEMENT WITH CR &R INCORPORATED.
WHEREAS, pursuant to the provisions of Public Resources Code Section 40059(a)(1),
the City of Orange is authorized to determine all aspects of solid waste handling which are of
local concern; and
WHEREAS, Public Resources Code Section 40059(a)(2) also authorizes the City to
determine whether solid waste handling services are to be provided by exclusive or non-
exclusive contract and whether the contract will be awarded or extended with or without
competitive bidding; and
WHEREAS, pursuant to Public Resources Code 40059(a)(2), the City may grant the
authority to provide solid waste handling services under terms and conditions prescribe by it by
resolution; and
WHEREAS, on July 14, 2009, the City entered into an exclusive multi -year Integrated
Solid Waste Management Services Franchise Agreement with CR &R Incorporated; and
WHEREAS, language in the Agreement stipulated that after eight years, if CR &R
consistently met specified solid waste diversion thresholds, CR &R could request a two -year
extension of the Agreement from the City; and
WHEREAS, on August 16, 2016, after achieving the Franchise Agreement's specified
solid waste diversion thresholds, CR &R formally requested a two -year extension of the
Franchise Agreement with the City; and
WHEREAS, in order to acquire additional assurance of CR &R's compliance with the
terms of the of the Agreement, the City retained the services of MS W Consultants to conduct an
extensive performance audit of CR &R; and
WHEREAS, the findings of the audit by MSW Consultants revealed that CR &R was in
compliance with the terms of their Agreement with the City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orange,
as follows:
1. The City Council hereby approves that the Integrated Solid Waste Management
Services Franchise Agreement with CR &R be extended to initiate on February 1, 2018 and
terminate on January 31, 2020.
2. The Mayor is hereby authorized to execute the Agreement on behalf of the City.
ADOPTED this 12th day of September 2017.
Teresa E. Smith, Mayor, City of Orange
ATTEST:
Mary E. M y , y Clerk, C' y of O e
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 12th day of September 2017, by the following
vote:
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:Nichols
ABSTAIN:COUNCILMEMBERS:None
Mary E.1 11 City Clerk, IT age
Resolution No. 10998