HomeMy WebLinkAbout2020-06-16; City Council; Resolution 2020-111RESOLUTION 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.
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