2011/10/25 City Council Resolution 2011-104RESOLUTION NO. 2011 -104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
REJECTING ALL PROPOSALS AND DIRECTING THE CITY MANAGER TO
NEGOTIATE AGREEMENT(S) FOR TEMPORARY DEBRIS BOX SERVICES ON
THE OPEN MARKET AND BRING BACK RECOMMENDED AGREEMENT(S) TO
THE CITY COUNCIL FOR APPROVAL
WHEREAS, under the Integrated Waste Management Act (Act), codified at Public
Resources Code 40000 et seq., the City of Rohnert Park has the authority to award a
nonexclusive, partially exclusive or wholly exclusive franchise, contract, license, or permit for
solid waste collection services pursuant to Public Resources Code section 40059;
WHEREAS, Rohnert Park Municipal Code sections 8.12.200 and 8.12.210 require that
waste collection services be provided by contract and exclude any other haulers from providing
waste hauling services within city limits during the contract period, thereby requiring all waste
collection be provided pursuant to an exclusive right;
WHEREAS, the existing exclusive multiple- provider franchise agreements for
temporary debris box services have been extended several times and expire on October 31, 2011;
WHEREAS, on June 28, 2011, the City Council directed the City Manager to solicit
requests for proposals (RFPs) for both single - provider and multiple - provider temporary debris
box services;
WHEREAS, upon the recommendation of the City's consultant, staff and the Waste and
Recycling Committee, the City Council considered all proposals at its regular meeting of
September 13, 2011 along with public testimony, and adopted Resolution 2011 -87, rejecting
certain proposals and affirming others as responsive, and Resolution 2011 -88, awarding an
exclusive single - provider franchise agreement for temporary debris box and roll -off collection
services ( "Agreement ") to Rohnert Park Disposal, Inc.;
WHEREAS, on October 25, 2011 the City Council rescinded that action by Resolution
No. 2011 -102 because Rohnert Park Disposal, Inc. refused to execute the franchise agreement;
WHEREAS, on October 25, 2011 the City Council also authorized new short-term
multiple - provider exclusive agreements with the existing haulers pursuant to Resolution 2011-
103 in order to maintain the existing level of service;
WHEREAS, neither the Act nor the Rohnert Park Municipal Code prescribe any
particular method for the City to award a franchise agreement; and
WHEREAS, City Council wishes to discontinue the RFP process which was initiated on
June 28, 2011, reject all proposals received, and instead direct the City Manager to negotiate
agreement(s) for temporary debris box services on the open market and bring back a
recommended agreement(s) to the City Council for approval:
NOW, THEREFORE, BE IT RESOLVED the above- referenced recitals are true and
correct and material to this Resolution.
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BE IT FURTHER RESOLVED, that the City Council does hereby reject all proposals
received pursuant to the RFP process which was initiated on June 28, 2011 and hereby renders
said proposals to be of no further force or effect.
BE IT FURTHER RESOLVED,. that during the life of the short-term agreements
approved by Resolution No. 2011 -103, the City Manager is hereby authorized and directed to
negotiate long -term exclusive franchise agreement(s) on the open market.
BE IT FURTHER RESOLVED, prior to the expiration of the short-term agreements,
the City. Manager shall bring back recommended agreement(s) to the City Council for their
consideration and approval.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this
25'' day of October, 2011.
AHANOTU: AYE CALLINAN: ABSENT MACKENZIE: AYE STAFFORD: AYE BELFORTE: AYE
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)
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