HomeMy WebLinkAbout2020-06-16; City Council; ; Authorization to Issue a Request for Proposals Regarding Recycling, Organics and Solid Waste Collection and Organic Materials Processing Services and Authorization to NegCA Review _RMC__
Meeting Date: June 16, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: James Wood, Environmental Manager
james.wood@carlsbadca.gov, 760-602-7584
Subject: Authorization to Issue a Request for Proposals Regarding Recycling,
Organics and Solid Waste Collection and Organic Materials Processing
Services and Authorization to Negotiate Amendments to the June 1, 2002
Agreement for Transfer Station and Disposal Services.
Recommended Action
Approve a resolution authorizing staff to issue a request for proposals for the city’s franchise
agreement for recycling, organics and solid waste collection and organic materials processing
service and to begin negotiations for additional services and a five-year extension of the city’s
current contract for the transfer and disposal of solid waste at the Palomar Transfer Station.
Executive Summary
Staff presented an informational report on the city’s franchise agreement for solid waste
collection services and recycling processing to the City Council on June 9, 2020. This item
follows up on that presentation by requesting that the council adopt a resolution authorizing
staff to solicit proposals from qualified companies to assume the city’s solid waste franchise
agreement. The recommended resolution would also authorize staff to begin negotiations with
Republic Services, the company that currently handles the transfer and disposal of trash
generated in the city, for additional services and a five-year extension of the term of the city’s
contract with Republic Services.
Discussion
Collection and processing service agreement
The City of Carlsbad’s solid waste management franchise agreement for the collection and
recycling processing with Waste Management expires on June 30, 2022. The city needs a new
long-term agreement for waste collection and recycling to continue providing this service to
residents and businesses and to adhere to recent changes in state law. HF&H Consultants, a
company that assists local governments with waste management and recycling programs, has
advised staff on various franchise agreement issues. Staff and HF&H have concluded that the
city and its residents are most likely to obtain the best value in terms of the cost and quality of
trash service through a competitive request-for-proposal process.
June 16, 2020 Item #4 Page 1 of 6
Transfer and disposal service agreement
The transfer and disposal of trash generated in the city is currently provided by Republic
Services. Staff and HF&H consultants believe the city’s best interests are served by extending
the service agreement with Republic for almost five years beyond its current expiration date,
June 30, 2022.
These additional five years would overlap with the city’s lease with San Diego County for the
Palomar Transfer Station, which runs until May 31, 2027. This five-year extension would also
give staff more time to plan for longer-term uses of the transfer station.
With the council’s approval, staff will also negotiate with Republic for additional services to be
provided during the five years of the extended contract. These services could include adding an
organics and food waste pre-processing solution.
Staff and HF&H consultants do not recommend undertaking a request-for-proposal process for
the transfer and disposal service agreement because the City of Carlsbad, as the host city,
already receives a preferential rate on the disposal of solid waste at the Palomar Transfer Station.
The staff report on this topic presented to the council on June 9, 2020, provides additional
information on these agreements. 1
Process integrity policy
As the June 9 staff report noted, staff and HF&H consultants recommend that the city follow
the common best practice used during the competitive request-for-proposal process for such
waste management agreements. Staff has established a process integrity policy that governs
the communications between companies offering proposals and the city to protect the city by
limiting communication between the companies making the proposals and the authorized
negotiations team. The City of Carlsbad Code of Conduct for Procurement Process is attached
as Attachment A to the resolution.
Next Steps
Collection and processing service agreement
With the approval of the City Council, staff and HF&H will prepare and issue a request for
proposal and franchise agreement for collection and processing services. The proposal process
would include the following steps and milestones:
Mid-June 2020: Issue request for proposal
May-September 2020: Conduct community and stakeholder outreach
Mid-September 2020: Receive proposals
Mid-September-November 2020: Evaluate proposals
November-December 2020: Negotiate franchise with finalist(s)
1 This staff report is available at https://cityadmin.carlsbadca.gov/civicax/filebank/blobdload.aspx?BlobID=44950,
page 5.
June 16, 2020 Item #4 Page 2 of 6
Late January-early February 2021: Present recommended contractor and proposal for
City Council approval of agreement
February-December 2021: Preparation for implementation of approved contract
January-June 2022: Implementation of services to residential and commercial accounts
Transfer and disposal service agreement
With the council’s approval, staff and HF&H will also enter into negotiations with Republic on a
service agreement extension for the transfer and disposal of the city’s waste. The expected
timeline for those negotiations would be:
August 2020 to May 2021: Negotiations with Republic
July 2021: Presentation of agreement for City Council consideration and approval
January 2022: Potential early start of services
July 2022: Start of extended term
Fiscal Analysis
There are no fiscal impacts associated with this report.
Environmental Evaluation (CEQA)
This action does not constitute a “project” within the meaning of the California Environmental
Quality Act under Public Resources Code section 21065 in that it has no potential to cause
either a direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment and therefore does not require environmental review.
Public Notification and Outreach
Public notice of this item was posted in accordance with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours prior to scheduled meeting date.
Exhibit
1. City Council resolution, including Attachment A: City of Carlsbad Code of Conduct for
Procurement Process
June 16, 2020 Item #4 Page 3 of 6
RESOLUTION NO. 2020-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING STAFF TO ISSUE A REQUEST FOR PROPOSALS REGARDING
RECYCLING, ORGANICS AND SOLID WASTE COLLECTION AND ORGANIC
MATERIALS PROCESSING SERVICES AND AUTHORIZATION TO NEGOTIATE A
FIVE-YEAR EXTENSION OF AND OTHER AMENDMENTS TO THE JUNE 1, 2002
AGREEMENT FOR TRANSFER STATION AND DISPOSAL SERVICES.
Exhibit 1
WHEREAS, the city has a franchise service agreement for recycling, organics and solid waste
collection and organic materials processing services that expires on June 30, 2022; and
WHEREAS, the city has a service agreement for the transfer and processing of solid waste
generated in the City of Carlsbad and delivered to the Palomar Transfer Station that expires on June 30,
2022;and
WHEREAS, new state laws and regulations regarding recycling, organics and solid waste have been
adopted that require the establishment of additional programs to ensure compliance with such new laws;
and
WHEREAS, on March 12, 2019, the city received a letter of concern from CalRecycle in which
CalRecycle maintained the city had neither demonstrated active planning nor provided organics recycling,
including food waste collection services, to regulated businesses; and
WHEREAS, on June 9, 2020, city staff presented the city council with an informational item
explaining the benefits for soliciting proposals for the city's franchise agreement for recycling, organics
and solid waste collection and organic materials processing services; and
WHEREAS, on June 9, 2020, city staff presented the benefits of initiating negotiations with Republic
Services for a five-year extension of, and other contract amendments relative to the transfer and
processing of solid waste generated in the City of Carlsbad and delivered to the Palomar Transfer Station;
and
WHEREAS, best practices involving the solicitation of proposals for recycling, organics and solid
waste services include the implementation of a Code of Conduct for Procurement Process Policy that
protects the city by limiting communication between the companies making the proposals and authorized
individuals on the negotiations team.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
June 16, 2020 Item #4 Page 4 of 6
Exhibit 1
1. That the above recitals are true and correct and are incorporated herein by reference as
findings set forth in full.
2. The city council authorizes staff to issue a request for proposals for recycling, organics and
solid waste collection and organic materials processing services.
3. The city council authorizes staff to initiate negotiations with Republic Services for a five-year
extension of, and other amendments to, the June 1, 2002 Agreement for Transfer Station and
Disposal Services for transfer and processing of solid waste generated in the City of Carlsbad
and delivered to the Palomar Transfer Station.
4. The city council adopts the Code of Conduct for Procurement Process Policy, attached to this
Resolution as Attachment A, as the policy that shall govern communication between the
companies submitting proposals in response to the request for proposals described in this
Resolution and the authorized individuals on the city's negotiations team.
' 5. If any section, subsection, sentence, clause, or phrase of this resolution is for any reason held
to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of the resolution. The City
Council hereby declares that it would have passed this resolution and each section, ..
subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Attachment A: City of Carlsbad Code of Conduct for Procurement Process
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad
on the 16th day of June 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
None.
MA TT HALL, Mayor
(SEAL)
June 16, 2020 Item #4 Page 5 of 6
Attachment A
CITY OF CARLSBAD CODE OF CONDUCT FOR PROCUREMENT PROCESS
POTENTIAL CONFLICT OF INTEREST. Each City of Carlsbad Council Member shall inform the City
Manager and each Elected Official of the City of Carlsbad ("Elected Official") shall inform staff
on the city’s negotiations team of any potential conflicts of interest regarding potential
proposers for recycling, organics and solid waste collection and organic materials processing
services for the city ("Potential Proposers"). Information regarding potential conflicts shall be
provided within 10 days of the Council Member or Elected Official learning of the potential
conflict.
CONTRIBUTIONS. No City Council Member or Elected Official shall accept any contributions by
Potential Proposers from the date of adoption of this code, June 16, 2020, until the
procurement is finalized and a new contract is executed. Each City Council Member and Elected
Official shall disclose all past contributions from Potential Proposers to the City Manager.
PROHIBITED CONTACTS. No City Council Member or Elected Official shall have non-public
meetings or conversations with Potential Proposers from the date of adoption of this code,
June 16, 2020, until the procurement is finalized and a new contract is executed regarding the
Procurement Process or any matters involving the Potential Proposers. However, this section
shall not prohibit City Council Members and Elected Officials from meeting with Potential
Proposers for purely social reasons. All City Council Members and Elected Officials shall refer
any questions regarding the Procurement Process to the City Manager. City Council Members
and Elected Officials shall disclose to the City Manager any non-public meetings or
conversations with Potential Proposers regarding the Procurement Process which occurred
prior to the adoption of this code, June 16, 2020. A “non-public” meeting is any meeting that
has not been called and held in accordance with the Brown Act.
June 16, 2020 Item #4 Page 6 of 6
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Dear Ms. Engleson,
gober2c@aol.com
Tuesday, June 16, 2020 12:51 PM
City Clerk
City Council Agenda Item #4 -Public Request for Resolution Amendment Prior to
Adoption All Receive -Agenda Item# .:J.._
For the Information of the:
. C\:; COUNciL ,,-
Date (£_/_}l(2_ CA VCC _
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Would you please forward this email directly to each Carlsbad City Council Member right away for their consideration at
today's city council meeting? Thank you very much for your assistance.
Office of the City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: City Council Agenda Item #4. AUTHORIZATION TO ISSUE A RFP REGARDING RECYCLING,
ORGANICS AND SOLID WASTE COLLECTION AND ORGANIC MATERIALS PROCESSING SERVICES AND
AUTHORIZATION TO NEGOTIATE AMENDMENTS TO THE JUNE 1, 2002 AGREEMENT FOR TRANSFER STATION
DISPOSAL SERVICES -Adoption of a resolution authorizing staff to issue a Request for Proposals regarding recycling,
organics and solid waste collection and organic materials processing services and authorization to negotiate a five-year
extension of and other amendments to the June 1, 2002 agreement for transfer station and disposal services. (Staff
contact: James Wood , Public Works)
To the City Clerk of the City of Carlsbad and the Honorable Carlsbad City Council Members:
We would like to respectfully request that the City Council please amend the resolution referenced above in agenda
Item #4, prior to adoption of the resolution , to please direct ALL city staff that will be involved with the negotiations and
other related matters to please ensure any proposed extension and amendments to the agreement, or any new
agreements, include specific provisions in any such agreements that provide for the following information to be
submitted to the city at least annually, and made available for easy public access and review.
1) Audited Detailed Stand-Alone Carlsbad Recycling Program Financial Information (e.g. Income Statement,
Statement of Cash Flows, Balance Sheet, Supporting Notes, etc.) for the last complete fiscal year (the detailed financial
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information referenced above is basic financial information for all of Carlsbad's Recycling Program activities separately
stated from (and not commingled with) the financial information of the City's Trash Program), and
2) Audited Detailed Stand-Alone Carlsbad Trash Program Financial Information (e.g. Income Statement, Statement
of Cash Flows, Balance Sheet, Supporting Notes, etc.) for the last complete fiscal year (the detailed financial information
referenced above is basic financial information for all of Carlsbad's Trash Program activities that is stated separately from
(and not commingled with) the financial information of the City's Recycling Program).
We previously requested similar information from the city (to review and analyze proposed trash and recycling rate
increases in the past), and we were denied, and advised the vendor refused to provide the information requested
unbelievably representing the information did not exist. Thank you for your consideration and assistance. Sincerely,
Giovanni and Anne Bertussi
Carlsbad, CA
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