Meeting Date: October 2, 2012
Prepared by: Jason Stilwell
City Council
Agenda Item Summary
Name: Consideration of a Resolution authorizing the City Administrator to sign a letter of agreement to engage in a competitive Waste and Recycling Franchise Agreement procurement process with the Monterey Regional Waste Management District (MRWMD).
Description: The MWRMD has requested the City of Carmel-by-the-Sea participate in a cooperative contract procurement process for waste and recycling collection and processing services. MRWMD, in conjunction with HF&H Consultants, has created a pro forma franchise agreement for use by its member agencies. MRWMD has paid for this work and does not require reimbursement from participating agencies.
Now, the MWRWD proposes to enter into a new agreement in which HF&H Consultants would work with the City of Carmel-by-the-Sea and other participating member cities in the District to facilitate a cooperative request for proposals and competitive contract procurement process for securing waste collection services with the hauler of the City's choosing, per the pro forma franchise agreement. HF&H would then meet with City staff and Council to receive information on preferred business and contract terms. Based on this information and the pro forma agreement, HF&H would develop a draft RFP document for the City's review and discussion.
HF&H would then assist in evaluating the received proposals, including the technical financial and operation aspects. If appropriate, they also would help the City facilitate and develop a recommendation for selection of a contractor.
Overall Cost: N/ A
Staff Recommendation: Adopt the Resolution authorizing the letter of agreement to
participate in the MRWMD's Waste and Recycling Franchise Agreement procurement
process. The City Attorney has reviewed this proposal.
Important Considerations: The City's commitment to this process would include: 1) full
participation in the cooperative RFP and competitive contract procurement processing services;
2) agreeing not to extend the City's current solid waste franchise agreement beyond the current
termination date before the conclusion of the cooperative RFP and contract procurement
process; and 3) using the pro forma agreement developed by the MRWMD as the basis for a
new franchise agreement.
Decision Record: None.
Reviewed by:
Jason Stilwell, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO SIGN A LETTER OF
AGREEMENT TO ENGAGE IN A COMPETITIVE WASTE AND RECYCLING
FRANCHISE AGREEMENT PROCUREMENT PROCESS WITH THE
MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT (MRWMD)
________________________________________________________________________
WHEREAS, the Monterey Regional Waste Management District (MRWMD) has
developed, in conjunction with HF&H Consultants, a pro forma franchise agreement for
waste and recycling collection and processing services; and
WHEREAS, the City has been requested to participate in this cooperative contract
procurement process for waste and recycling collection and processing services; and
WHEREAS, HF&H Consultants would work with the City to facilitate a cooperative
request for proposals and competitive contract procurement processing for waste collection
services with the hauler of the City’s choosing, based on the pro forma franchise agreement;
and
WHEREAS, as a participant in this agreement, HF&H Consultants would work with
City staff and Council to develop a draft request for proposals document based on
information on preferred business and contract terms received by the City and the pro forma
agreement developed by the MRWMD; and
WHEREAS, HF&H Consultants will assist the City evaluate the proposals received,
including the technical, financial and operational aspects and will help the City, if needed, to
facilitate and develop a recommendation for selection of a contractor.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF CARMEL-BY-THE-SEA DOES:
1. Authorize the City Administrator to sign a letter to engage in the MRWMD’s
competitive waste and recycling franchise agreement procurement process.
70
71
BOARD OF DIRECTORS
LEO LASKA
CHAIR
DENNIS ALLION
VICE CHAIR
GARY BALES
SUE McCLOUD
DAVID PENDERGRASS
LIBBY DOWNEY
JANE PARKER
IAN OGLESBY
BRUCE DELGADO
MONTEREY REGIONAL
WASTE MANAGEMENT DISTRICT
(Via Email: jstilwell@ci.carmel.ca.us)
Mr. Jason Stilwell,City Administrator
City of Carmel-by-the-Sea
PO Box CC
Carmel-by-the-Sea, CA 93921
September 7, 2012
WILLIAM MERRY, P.E., BCEE
GENERAL MANAGER/
DISTRICT ENGINEER
TIMOTHY S. FLANAGAN
ASST. GENERAL MANAGER
RICHARD SHEDDEN, P.E.
SENIOR ENGINEER
ROBERT WELLINGTON
COUNSEL
Re: Agreement to Participate in Cooperative Request for Proposals and Competitive Contract Procurement Process
for Waste & Recycling Collection & Processing Services
Dear Mr. Stilwell:
This letter comes to you as an invitation and a request to commit the City of Carmel-by-the-Sea to participate in a
cooperative request for proposals and competitive contract procurement process for waste and recycling collection
and processing services, described below (See attached Proposed Schedule). If your city is willing to participate and
to make the commitments with reference to your participation based on the information provided herein below, and
subject to the terms set out herein below, please request your city council to approve this letter agreement, authorize
an appropriate official to sign it on the line provided below, and, along with this signed letter agreement, and as
appropriate, provide us with a copy of the resolution directing and taking such action. This letter agreement will
become effective on the latest date written on the signature lines below.
As you know, the Monterey Regional Waste Management District (MRWMD), with the able guidance of HF&H
Consultants (HF&H), has created a pro forma franchise agreement for use by its member agencies. Costs involved
in that work have been absorbed by the MRWMD and no reimbursement is requested or expected for those costs.
As communicated in a letter sent to you on July 20, 2012, the MRWMD proposes to enter into and pay for a new
agreement with HF&H that, with the concurrence of your city council herein, will result in HF&H working with
your city, and other cooperating member agencies of the District, to facilitate a cooperative request for proposals
and competitive contract procurement process for securing waste collection services with the hauler of your choice
per the pro forma franchise agreement. As a first step in this process, HF&H will meet with your staff and, as
appropriate, elected officials, to receive input regarding desired programs and business/contract terms as well as
preferences for structuring the process. Based on that input, and utilizing the pro forma franchise agreement as a
starting point, HF&H will prepare a draft request for proposals (RFP) document for discussion with staff.
Adjustments to the RFP may be made based on those discussions.
14201 DEL MONTE BLVD* BOX 1670 * MARINA, CA 93933-1670 * 831/384-5313, FAX 831/384-3567 * www mrwmd.org
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72
Mr. Jason Stilwell
September 7, 2012
Page 2
Once proposals are received, HF&H will assist in evaluating them, including technical, operational, and financial
components. If appropriate, given the format of the evaluation process, HF&H will participate in or facilitate an
evaluation committee that would develop a recommendation for selection of one or more contractors to be
considered by the city council. HF&H will also, as and to the extent requested, present the proposals and evaluation
committee recommendations to the city council.
The MRWMD Board, at their meeting of September 21, 2012, which begins at 9:30am, will be considering
approval of a staff recommendation whereby the District would pay for the full amount of the above-described
HF&H cooperative RFP and competitive procurement process, which is estimated to be $150,000. Staff has
concluded, after discussion with members of the District's Technical Advisory Committee (T A C) members, that it
would be in the best mutual interest of our rate payers for the MRWMD Board to take this action to pay for this
important work. For additional background on this matter, you may wish to refer to the July 20, 2012letter.
In order that the MRWMD and HF&H may develop a scope of work for their new agreement for the cooperative
RFP and competitive contract procurement process, the MRWMD is requesting that your city enter into this
Agreement and commit to: ·
1. Participate fully in the cooperative RFP and competitive contract procurement process for waste and recycling
collection and processing services; and
2. Agree not to extend, prior to the conclusion of the cooperative RFP and competitive contract procurement
process described above, your city's existing solid waste franchise agreement beyond its current termination
date; and
3. To use the pro forma franchise agreement created by MRWMD as the basis for any new franchise agreement.
Your agency's signature, authorized as described herein above, constitutes your agency's agreement as set forth in
the foregoing paragraph and your acceptance of the services described herein above. This Agreement is not
otherwise intended and shall not be construed to limit the discretion of your city to enter into or to extend a solid
waste disposal franchise agreement with a franchisee of its choice.
Monterey Regional Waste Management District
William Merry, General Manager
Date ----------------
Attachment (Proposed Schedule)
cc: Mayor Jason Burnett (with attachment)
Heidi Burch (with attachment)
City of Carmel-by-the-Sea
Date ------------------
District Director Sue McCloud (with attachment)
Monterey Regional Waste Management District
Proposed Schedule
Cooperative Franchise Collection Agreement RFP Process
Action Item Schedule
Member Agencies Internal Review of MFA, Identify Preferences April- August 2012
City Managers Identify Desired Approach for Cooperation July - August 2012
Member Jurisdictions approve Memorandum of Understanding September- October 2012
Begin Development of Request for Proposals (RFP) October 2012
T AC Meetings to Discuss/Decide on RFP Issues August- December 2012
Revise RFP Documents Based on T AC Input/Decisions January 2013
Present RFP Documents to Elected Bodies February - March 2013
Finalize RFP Documents Based on Elected Body Input March - April 2013
Issue RFP for Collection Services April 2013
Pre-Proposal Process (Contractors Prepare Proposals) April - June 2013
Proposal Evaluation July - October 2013
Present Evaluation & Recommendations to Elected Bodies Nov. - December 2013
Final Negotiations on Future Franchises January- March 2014
Selected Contractor(s) Acquire Equipment, Hire Staff, etc. April - December 2014
Begin Phasing in new Franchise agreement December 2014
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