RES-11197 CR&R Solid Waste Mgt & Street Sweeping ServicesRESOLUTION N0. 11197
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE, CALIFORNIA, APPROVING AN
INTEGRATED SOLID WASTE MANAGEMENT AND
STREET SWEEPING SERVICES AGREEMENT WITH
CRBcR INCORPORATED.
WHEREAS, the California Legislature, by enactment of the Califomia lntegrated 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 theirjurisdictions; and
WFIEREAS,pursuant to the provisions of Public Resources Code Section 40059(a)(1),the
City of Orange ("City") is authorized to determine all aspects of solid waste handling which aze of
local concem; and
WHEREAS, City is obligated to protect the public health and safety of the residents and
businesses of City, and collection of solid waste should be undertaken in a manner consistent with
the exercise of City's obligations for the protection of public health and safety; and
WHEREAS, Public Resources Code Section 40059(a)(2) authorizes City to determine
whether solid waste handling services are to be provided by exclusive or non-exclusive contract,
whether the contract will be awarded with or without competitive bidding, and the terms and
conditions of any such contract; and
WHEREAS, pursuant to California Public Resources Code Section 49300 and 49500 et
seq., City has determined that the public health, safety, and well-being require that an exclusive
franchise be awazded to a qualified company for the collection, transfer and transportation,
recycling,processing,and disposal of solid waste and other services related to meeting the diversion
goals required by AB 939, and other requirements of the Califomia lntegrated Waste Management
Act; and
WHEREAS, City and CR&R ("Parties") entered into Agreement No. 5444, dated July 14,
2009, in which CR&R was granted an exclusive franchise for the collection, transfer and
transportation, recycling, processing and disposal of solid waste and other related services in City
effective Februazy 1,2010,for an initial term of eight years. On September 12,2017,Agreement No.
5444 was extended for two (2) additional yeazs,through January 31, 2020; and
WHEREAS, Parties entered into Agreement No. 5693, dated Mazch 19, 2013, for Citywide
Street Sweeping Services for an initial term of five fiscal years. On May 8, 2018, Agreement
5693 was extended through June 30,2019,and on May 14,2019,Agreement No. 5693 was extended
through June 30, 2020; and
WHEREAS, City declares its intention of maintaining reasonable rates and quality service
related to the collection, transfer and transportation, recycling, processing, and disposal of solid
waste and other services; and
WHEREAS,Parties aze mindful of the provisions of the laws governing the safe wllection,
transport, recycling, processing and disposal of solid waste, including AB 939, the Resource
Conservation and Recovery Act ("RCRA', and the Comprehensive Environmental Response,
Compensation and Liability Act ("CERCLA"). Parties desire to leave no doubts as to their
respective roles and to memorialize that by entering into this Agreement, City is not hereby
becoming an "arranger" or a "generator" as those terms are used in CERCLA, and it is CR&R,not
City, who is "arranging for" the collection from premises in City,transport for disposal,composting
or other processing, and recycling of municipal solid waste which may contain hazazdous
substances; and further to confirm that as a material inducement to City entering into this
Agreement, CR&R has agreed to fully indemnify City in connection with any claims, losses,
liabilities, lawsuits or actions relating to the inadvertent or intentional collection, transportation
and/or disposal of hazardous materials that may occur in connection with CR&R's performance
under this Agreement;and
WFIEREAS,Parties aze mindfiil of new laws adopted by the State of California intended to
divert recyclables and organic materials from being landfilled. AB 341 mandates that commercial
waste generators arrange for recycling services. AB 1826 mandates that commercial waste generators
recycle their organic waste. AB 1594 will exclude organic material used as AlternaGve Daily Cover
ADC")from the calculation of a jurisdiction's total per capita amount of waste disposed. SB 1383
allows the Departrnent of Resources Recycling and Recovery ("CalRecycle") to implement new solid
waste and recycling regulations on local jurisdicrions if significant progress has not been made in
certain waste reducrion goals by 2020; and
WHEREAS, CR&R represents and warrants to City that it has the experience,
responsibility and qualifications to conduct recycling programs, to provide City with information
sufficient to meet City's reporting requirements under AB 939, to assist City in meeting City's other
requirements under AB 939,to collect,transport and dispose of solid waste in a safe manner which
will minimize the adverse effects of collection vehicles on air quality and traffic and has the ability to
indemnify City against liability under CERCLA;and
WHEREAS, CR&R has the ability to provide such personnel, equipment and supplies as
aze necessazy to ensure City complies with the requirements of AB 939 and the Public Resources
Code; and
WHEREAS, Parties acknowledge that the new laws adopted by the State of California
warrant the need for a new agreement between the Parties and Parties desire to enter into an
Agreement for both integrated solid waste management and street sweeping services;and
WIIEREAS, City's primazy goals in entering into this Agreement are to ensure that solid
waste collection and street sweeping services aze of the highest caliber, that customer satisfaction
remains at the highest level, that the environment is protected, that maximum diversion levels aze
achieved,and that materials collected aze put to the highest and best use.
Resolution No. 11197 2
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orange,
as follows:
1. The City Council hereby approves the Agreement between City of Orange and
CR&R Incorporated for Integrated Solid Waste Management and Street Sweeping Services, which
sets forth all terms and conditions for the provision of solid waste and street sweeping services, a
copy of which was submitted to the City Council at its meeting on the date set forth below.
2. The Mayor is hereby authorized to execute the Agreement on behalf of the City.
ADOPTED this l Oth day of December 2019.
v' - " (
Mazk A. Murphy, Mayor, i f Orange
ATTEST:
t..'.1.0.( ./L
Pamela Coleman, CiTy Clerk, City of Orange
I, PAMELA COLEMAN, 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 regulaz meeting thereof held on the l Oth day of December 2019, by the following vote:
AYES: COiJNCILMEMBERS: Alvarez, Murphy, Nichols
NOES: COiJNCILMEMBERS: None
ABSENT: COL7NCILMEMBERS: Monaco
ABSTAIN: COiJNCILMEMBERS: None
Pamela Coleman, City Clerk, City of Orange
e IV IG l li9:11DA9A 3