Loading...
SR - RES-10998 - SOLID WASTE FRANCHISE AGREEMENT EXTENSION FEBRUARY 1 2018 THROUGH JANUARY 31 2020Resolution No. 10998 - A Resolution of the City Council approving a two -year extension of the Solid Waste Franchise Agreement between the City of Orange and CR &R Environmental Services. 2. SUMMARY On July 14, 2009, the City entered into a Solid Waste Franchise Agreement (Agreement) with CR &R Environmental Services (CR &R). The terms of the Agreement provide CR &R with an automatic two -year extension if they meet certain solid waste diversion thresholds. CR &R has consistently exceeded the thresholds and is eligible to have the Agreement extended for two years. 3. RECOMMENDED ACTION Approve Resolution No. 10998 to extend the existing Agreement between the City and CR &R from February 1, 2018, until January 31, 2020. 4. FISCAL IMPACT None. 5. STRATEGIC PLAN GOAL(S) 2. Be a fiscally healthy community — d. Analyze future fiscal needs and potential revenue opportunities. 4. Provide outstanding public service — b. Provide facilities and services to meet customer expectations. 6. GENERAL PLAN IMPLEMENTATION Solid Waste Element Goal 2.0 Reduce the amount of waste material entering regional landfills with an efficient and innovative waste management program. Policy 2.1: Provide sufficient levels of solid waste service throughout the community. Policy 2.2: Expand outreach and education regarding recycling opportunities to all city customers. Policy 2.3 Develop programs that encourage residents to donate or recycle surplus furniture, old electronics, clothing, and other household items rather than disposing of such materials in landfills. Policy 2.4 Expand outreach and education to all city customers regarding residential collection of household hazardous wastes including paint containers, electronics, household chemicals, motor oils and pesticides. 17. DISCUSSION and BACKGROUND I On July 14, 2009, the City entered into an Integrated Solid Waste Services Agreement (Agreement) with CR &R. Although the Agreement is set to expire on January 31, 2018, there is a performance stipulation in the Agreement that with Council approval, CR &R may receive an automatic two -year extension for achieving 40% solid waste diversion. Over the last six years, CR &R has exceeded their 40% diversion threshold and is now requesting the Council consider their request for a two -year extension of the Agreement. As part of the process associated with the verification of CR &R contractual compliance, the City utilized the services of MSW Consultants (MSW). As part of the conditions of the City's Agreement with CR &R, MSW conducted an extensive performance audit of CR &R. Under the terms of the Agreement, CR &R is required to meet certain performance criteria. Listed below is a summary of the audit objectives and MSW's findings: ITEM 2 9/12/17 Printed on Recycled Paper Audit Objective CR &R Compliance 1. Ensure that CR &R has accurately billed all customers, and verify on a sample basis the number and size of customer bins. 2. Ensure that CR &R has diverted a minimum of 40% of solid waste. 3. Ensure that CR &R has delivered all mixed construction and demolition (C &D) debris loads to a designated C &D facility for processing, and diverted a minimum of 70% of all C &D debris. 4. Ensure that CR &R has delivered all solid waste to approved facilities. 5. Ensure that CR &R has processed sufficient mixed waste to divert 8,631 tons annually. 6. Ensure that CR &R has diverted green waste such that the City receives maximum diversion credit, and delivered all green waste for processing in accordance with the prescribed hierarchy of recycling methods. Although there were numerous criteria involved with CR &R's performance audit conducted by MSW, the primary objective involved the assurance that CR &R maintained a solid waste diversion rate that exceeded 40 %. Over the last five years, CR &R has exceeded their required 40% diversion threshold. Detailed below is a comparative summary of CR &R's five -year solid waste diversion performance: Year 2012 2014 _J 2015 2016 Contracted Diversion Requirement 40.00% 40.00% 140.00% 140.00% 40.00% CR &R Diversion Performance 40.17% 41.14% 140.62% 141.98% 40.99 % Subject to Council approval, the expiration of the Agreement will be extended from February 1, 2018 to January 31, 2020. If CR &R's two -year Agreement extension request is approved, the Council has the sole discretion to extend the agreement one final time for two years from February 1, 2020 to January 31, 2022 on a month to month basis. During this timeframe, the Council could renegotiate the CR &R Agreement or direct staff to issue a Request for Proposal for City solid waste collection beyond January 31, 2022. 18. ATTACHMENTS I • CR &R Agreement Extension Request • Resolution No. 10998 • MSW Consultants Audit (Available for review in the Public Works Department) RESOLUTION 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 acquire additional assurance of CR &R's compliance with the terms of the of the Agreement, the City retained the services of MSW 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. CITY COUNCIL MINUTES SEPTEMBER 12, 2017. 5. REPORTS FROM COUNCILMEMBERS Councilmember Alvarez requested that the Council direct the City Attorney to review any existing City laws pertaining to panhandling, vagrancy, loitering, or anti- camping; and to bring back a report with any necessary amendments and costs associated with revising these ordinances. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None 7. ADMINISTRATIVE REPORTS 7.1 Approval of a two -year extension of the Solid Waste Franchise Agreement between the City of Orange and CR &R Environmental Services. Resolution No. 10998. (A2100.0; AGR- 5444.1) Administrative Manager Greg Warren provided a brief staff report, and clarified that approval of the Resolution only approves an extension of the existing agreement with all stipulations remaining the same. MOTION — Murphy SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy ABSENT — Nichols Moved to approve Resolution No. 10998 to extend the existing Agreement between the City and CR &R from February 1, 2018, until January 31, 2020. 7.2 Approval of an agreement with Convergint Technologies for equipment and installation of video surveillance systems. (A2100.0; AGR -6520) Finance Director Will Kolbow provided a staff report and answered Council's questions regarding the placement of cameras on specific buildings. Mr. Kolbow assured Council that the Orange Police Department was involved with the design ensuring any areas of concern will be monitored with the new surveillance system. MOTION — Whitaker SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy ABSENT — Nichols Moved to: 1) Approve agreement with Convergint Technologies in the revised amount of $805,988.78, and authorize the Mayor and City Clerk to execute the agreement on behalf of the City; 2) Authorize the appropriation of $100,000 from Information Technology (790) unreserved fund balance to account number 790.4011.56032.20264; and 3) Authorize the appropriation of $37,000 from Library Development Impact Fees (573) unreserved fund balance to account number 573.2004.56020.30057. PAGE 10