RES-11518 AMENDED AND RESTATED INTEGRATED SOLID WASTE MANAGEMENT AND STREET SWEEPING SERVICES AGREEMENT WITH CR&R INC - JAN 9, 2024RESOLUTION NO. 11518
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE, CALIFORNIA, APPROVING
AN AMENDED AND RESTATED INTEGRATED
SOLID WASTE MANAGEMENT AND STREET
SWEEPING SERVICES AGREEMENT WITH
CR&R INCORPORATED
WHEREAS, the California Legislature, 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; and
WHEREAS,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 are of
local concern; 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 awarded 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 California Integrated 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 the
City effective February 1, 2010, for an initial term of eight years. On September 12, 2017,
Agreement No. 5444 was extended for two (2) additional years,through January 31, 2020; and
WHEREAS, based on new laws adopted by the State of California,the Parties entered into
Agreement No. 5444A dated December 10,2019, for both integrated solid waste management and
street sweeping services, for an initial term of five and a half(5 '/z) years, beginning January 1,
2020, and expiring June 30, 2025, and subject to extensions ("Agreement"); and
WHEREAS, the Parties now desire to make certain amendments to the Agreement to
provide for a new term,rate adjustments,payment of retroactive road mitigation repairs,additional
collection events, and other changes; 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 continue to be mindful of the provisions of the laws governing the
safe collection,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
hazardous 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
WHEREAS, Parties continue to be mindful 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
Alternative Daily Cover ("ADC") from the calculation of a jurisdiction's total per capita amount of
waste disposed. SB 1383 allows the Department of Resources Recycling and Recovery
CalRecycle") to implement new solid waste and recycling regulations on local jurisdictions if
significant progress has not been made in certain waste reduction goals by 2020; and
WHEREAS, CR&R represents and warrants to City that it continues to possess 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
are necessary to ensure City complies with the requirements of AB 939 and the Public Resources
Code; and
WHEREAS, City's primary goals in amending and restating the Agreement are ensuring
that solid waste collection and street sweeping services are of the highest caliber, that customer
satisfaction remains at the highest level,that the environment is protected,that maximum diversion
levels are achieved, and that materials collected are put to the highest and best use.
Resolution No. 11518 2
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Orange, as
follows:
1. That the foregoing recitals are true and correct.
2. That approval of the amended and restated Integrated Solid Waste Management and Street
Sweeping Agreement is exempt from the requirements of the California Environmental
Quality Act ("CEQA") for the following reasons: (i) Section 15061(b)(3) of the State
CEQA Guidelines (Common Sense Exemption) because it can be seen with certainty that
there is no possibility that the continuation of the services provided for in the Agreement
would have a significant effect on the environment; and (ii) Section 15308 of the State
CEQA Guidelines (Class 8 Exemption) because continuation of the services provided for
in the Agreement contains several regulatory mandates for complying with state law
regarding the disposal of solid waste in a manner that ensures the protection of the
environment.
3. That the City Council hereby approves the amended and restated 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.
4. That the Mayor is hereby authorized to execute the Agreement on behalf of the City.
ADOPTED this 9th day of January 2024.
iel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
U"' t
Mike Vigliotta, Ci Attorney
Resolution No. 11518 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
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 regular meeting thereof held on the 9th day of January 2024, by the following vote:
AYES:COUNCILMEMBERS: Barrios, Dumitru, Tavoularis, Bilodeau, and Slater
NOES:COUNCILMEMBERS: Gutierrez, and Gyllenhammer,
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Pamela Coleman, City Clerk, City of Orange
Resolution No. 11518 4