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File #: 23-0347    Version: 1 Name:
Type: Resolution Status: Consent Agenda
File created: 3/13/2023 In control: Transportation
On agenda: 3/28/2023 Final action:
Title: Adoption of Resolution Extending the Term of Board of Supervisors Agreement Number 10-140, Franchise Agreement Between the County of Mendocino and Solid Wastes of Willits, Inc., for Solid Waste Refuse Collection Area Number Three, as Amendment Number Four to the Agreement from December 31, 2024, to December 31, 2029 (Anderson Valley Area)
Attachments: 1. Resolution 23-062

 

To:  Board of Supervisors

FromSolid Waste

Meeting DateMarch 28, 2023

 

Department Contact:  

Howard N. Dashiell

Phone: 

707-463-4363

 

Item Type:   Consent Agenda

 

Time Allocated for Item: N/A

 

 

Agenda Title:

title

Adoption of Resolution Extending the Term of Board of Supervisors Agreement Number 10-140, Franchise Agreement Between the County of Mendocino and Solid Wastes of Willits, Inc., for Solid Waste Refuse Collection Area Number Three, as Amendment Number Four to the Agreement from December 31, 2024, to December 31, 2029 (Anderson Valley Area)

End

 

Recommended Action/Motion:

recommendation

Adopt Resolution Extending the Term of Board of Supervisors Agreement Number 10-140, Franchise Agreement Between the County of Mendocino and Solid Wastes of Willits, Inc., for Solid Waste Refuse Collection Area Number Three, as Amendment Number Four to the Agreement, from December 31, 2024, to December 31, 2029 (Anderson Valley Area); and authorize the Chair to sign the same.

End

 

Previous Board/Board Committee Actions:

On August 17, 2010, the Board approved Board of Supervisors (BOS) Agreement No. 10-140, Franchise Agreement Between the County of Mendocino and Solid Wastes of Willits, Inc., for Solid Waste Refuse Collection Area No. Three (Agreement).  On March 15, 2011, the Board approved the First Amendment to the Agreement (BOS Agreement No. 11-024).  On January 22, 2013, the Board approved the Second Amendment to the Agreement (BOS Agreement No. 10-140-A2).  On January 22, 2013, the Board approved the Second Amendment to the Agreement (BOS Agreement No. 10-140-A2).  On September 25, 2018, the Board approved the Third Amendment to the Agreement (BOS Agreement No. 10-140-A3).                     

 

Summary of Request

BOS Agreement No. 10-140, which currently expires December 31, 2024, provides that the County shall, at its sole discretion, have the option to extend the Agreement on one or more occasions provided that the combined extension period(s) do not extend beyond December 31, 2029.  The Franchise Agreements for Franchise Areas One and Four are both set to expire on December 31, 2029.  It is in the best interest of the public to extend the term of the Franchise Agreement for Area Three to match the expiration dates of the other Franchise Areas to ensure the most favorable bids on the future procurement for solid waste collection; with multiple franchise areas and more potential customers, haulers are more likely to submit bids as well as propose lower rates.  Additionally, since the start of the current Agreement, SWOW has effectively provided solid waste services to the residents of Franchise Area Three.  Although not required, Department of Transportation (DOT) staff has discussed the potential extension with Solid Wastes of Willits, Inc. (SWOW), and they are also in favor.  BOS Agreement No. 10-140 requires the County to provide written notice of the extension(s) to SWOW 180 calendar days prior to the expiration of the Agreement, which notice will be given following adoption of the Resolution. DOT recommends and respectfully requests the Board adopt the attached resolution, exercising the County’s option to extend the term of the Agreement until December 31, 2029, which will serve as Amendment No. Four to the Agreement.

 

Alternative Action/Motion:

Do not approve Franchise Agreement extension and provide further direction to staff.                     

 

Does This Item Support the General Plan? Yes

 

Strategic Plan Priority Designation: A Safe and Healthy County

 

Supervisorial District:  District 5

                                          

vote requirement:  Majority

                                          

 

 

Supplemental Information Available Online At: N/A

 

Fiscal Details:

source of funding: N/A

budgeted in current f/y: N/A

current f/y cost: N/A

if no, please describe:

annual recurring cost: N/A

revenue agreement: N/A

 budget clarification: N/A

Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Steve Dunnicliff, Deputy CEO

 

 

CEO Review: Yes 

 

 

CEO Comments:

 

FOR COB USE ONLY

Executed By: Atlas Pearson, Senior Deputy Clerk

Final Status: Adopted

Date: March 28, 2023

Executed Item Type: Resolution   Number: 23-062