2001/11/13 City Council Resolution (9)RESOLUTION NO. 2001- 234
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
SELECTING EMPIRE WASTE MANAGEMENT, INDUSTRIAL CARTING AND
ROHNERT PARK DISPOSAL AS THE COMPANIES TO BE LICENSED BY
AGREEMENTS TO PROVIDE TEMPORARY DEBRIS BOX SERVICES IN
ROHNERT PARK, SETTING CERTAIN KEY TERMS AND CONDITIONS OF
THE AGREEMENTS AND AUTHORIZING THE CITY ATTORNEY TO PREPARE
AND CITY MANAGER TO EXECUTE TEMPORARY DEBRIS BOX AGREEMENTS
WHEREAS, Requests for Proposals for Refuse Services and for Temporary Debris Box
Services were solicited and reviewed by the City of Rohnert Park; and
WHEREAS, the Requests for Proposals for Temporary Debris Box Services, and the
Draft Contract, enforcement requirements and City rate setting mechanisms contained therein,
were designed to be applied to the selection of one provider of Temporary Debris Box Service,
one Agreement and one cost bid for purposes of rate setting; and
WHEREAS, on February 13, 2001, by Resolution 2001 -33, the Rohnert Park City
Council approved selection of three contractors (Empire Waste Management, North Bay
Corporation and Rohnert Park Resource Recovery) to provide Temporary Debris Box Services in
Rohnert Park, and authorized the City Manager to execute the Contract in the Request for
Proposals (RFP), as amended, and to approve any non - substantive changes necessary; and
WHEREAS, staff' and our consultants have been unable to design a way to implement and
provide enforcement of three Temporary Debris Box contracts under the existing terms of the
RFP and Draft Contract, and substantive changes to the terms and conditions of the Request for
Proposals and Draft Contract are necessary for staff to implement and enforce the contracts and
achieve AB 939 diversion requirements; and
WHEREAS, Council wishes to reconsider its decision regarding the terms and conditions
to be included in Temporary Debris Box Agreements ; and
WHEREAS, two of the three selected providers are operating their companies under
different legal names than were originally approved, and the names of the companies selected
should be consistent with the names on the Agreements to be signed.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Rohnert
Park that Resolution 2001 -33 is hereby repealed; and
BE IT FURTHER RESOLVED, Empire Waste Management, Industrial Carting and
Rohnert Park Disposal are selected as the Contractors to be Licensed by Agreement to provide
Temporary Debris Box Services in Rohnert Park; and
BE IT FURTHER RESOLVED, that the City Attorney is authorized to draft appropriate
Temporary Debris Box Agreements which include, but are not limited to, the following key terms
and conditions, and to include such additional terms she deems necessary to attain City diversion
goals, maintain reasonable rates and provide adequate performance, enforcement and reporting:
1. City will not set temporary debris box rates, but will set a rate cap for these services
based upon costs submitted by the three proposers to the RFP. The intention is to
allow competition among the licensed providers, while maintaining reasonable rates
based on the costs submitted by proposers in the RFP.
2. The City will provide a mechanism for periodic adjustments to the rate cap for certain
provider external cost changes such as disposal fees.
3. Agreements will require providers to divert a portion of the materials collected from
disposal in the landfill. Diversion requirements will be developed and phased in
conjunction with our regional partners in SCWMA and codified by City Ordinance.
4. Agreements will provide for regular reporting of materials collected, diverted and
landfilled so that the City can meet its AB 939 reporting requirements.
5. Agreements will provide performance standards, enforcement provisions, penalties and
a schedule of liquidated damages for non - compliance.
6. Agreements will require monthly reporting of gross receipts and payment of franchise
fees.
7. Agreements will require an increase in temporary debris box franchise fees due from
the current 10% to 20% of gross receipts (including disposal fees) to fund the hiring of
contractors for enforcement and verification of compliance, diversion, gross receipts
and franchise fees paid.
8. Agreements will require a surety bond, and that all City insurance and indemnification
requirements are met.
9. Agreements will require open books, provide for audits, and require provider locally
retain revenue, expense, customer and diversion records for a minimum of 5 years.
10. Selected providers must be in compliance with all terms of their current City
Temporary Debris Box Agreement and Extension Letters prior to preparation and
execution of a new Agreement; and
BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute
the Agreements on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park
this thirteenth day of November, 2001.
ATTEST:
THE CITY OF ROHNERT PARK
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FLORES: AYE REILLY: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)