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File #: 21-0367    Version: 1 Name:
Type: Resolution-Agreement Status: Consent Agenda
File created: 3/16/2021 In control: Transportation
On agenda: 4/20/2021 Final action:
Title: Adoption of Resolution Approving Amendment Number 15 to Board of Supervisors Agreement Number 04-049, Franchise Agreement Between the County of Mendocino and USA Waste of California, Inc., DBA Empire Waste Management for Solid Waste Collection Area Number Two (Fort Bragg and Ukiah Areas) Extending the Term of this Agreement to June 30, 2022
Attachments: 1. Agreement 04-049-A15, 2. Resolution 21-055, 3. Resolution

 

To:  Board of Supervisors

FromTransportation

Meeting DateApril 20, 2021

 

Department Contact:  

Howard N. Dashiell

Phone: 

463-4363

 

Item Type:   Consent Agenda

 

Time Allocated for Item: N/A

 

 

Agenda Title:

title

Adoption of Resolution Approving Amendment Number 15 to Board of Supervisors Agreement Number 04-049, Franchise Agreement Between the County of Mendocino and USA Waste of California, Inc., DBA Empire Waste Management for Solid Waste Collection Area Number Two (Fort Bragg and Ukiah Areas) Extending the Term of this Agreement to June 30, 2022

End

 

Recommended Action/Motion:

recommendation

Adopt Resolution approving Amendment Number 15 to Board of Supervisors Agreement Number 04-049, Franchise Agreement between the County of Mendocino and USA Waste of California, Inc., dba Empire Waste Management for Solid Waste Collection Area Number Two (Fort Bragg and Ukiah Areas) extending the term of this Agreement to June 30, 2022; and authorize Chair to sign same.

End

 

Previous Board/Board Committee Actions:

By Resolution Number (No.) 04-074 (May 11, 2004) the Board approved Board of Supervisors (BOS) Agreement 04-049, Franchise Agreement between the County of Mendocino and USA Waste of California, Inc., dba Empire Waste Management (EWM) for Solid Waste Collection Area Number Two.  From time to time, the Board of Supervisors has authorized amendments to the Agreement to adapt to changing conditions and new information and to make rate adjustments per the terms of the Agreement.  On August 23, 2011, the Board approved Amendment No. 11 to BOS Agreement No. 04-049, extending the expiration date from June 30, 2011 to June 30, 2021.  On March 9, 2021, the Board gave direction to staff to negotiate a one-year extension to the Franchise Agreement with EWM and, if successful, to cancel the ongoing Request for Proposals (RFP).                     

 

Summary of Request

The Franchise Agreement with EWM for Solid Waste Collection Area No. 2 will expire on June 30, 2021.  Up until December 8, 2020, the  Department of Transportation (MCDoT), was working in collaboration with the City of Fort Bragg (City), whose Agreement with EWM also expires on June 30, 2021, in recommending the Board extend the current Franchise Agreement with EWM for a period of five years.  At that time, EWM was only willing to direct negotiate new agreements with both the County and the City with minimum terms of five years.  On December 8, 2020, the Board directed staff to initiate a RFP for solid waste collection services beginning July 1, 2021.  MCDoT was informed on February 3, 2021, that EWM was now offering a one-year extension to the City.  On March 9, 2021, the Board gave direction to staff to negotiate a one-year extension to the Franchise Agreement with EWM and, if successful, to cancel the ongoing RFP.  Therefore, MCDoT recommends approval of Amendment No. 15 to the Franchise Agreement, which extends the termination date of the Agreement from June 30, 2021 to June 30, 2022.

 

Alternative Action/Motion:

Decline to approve Amendment.                     

 

Supervisorial District:  Districts 1,2,4 & 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, Deputy Clerk I

Final Status: Adopted

Date: April 21, 2021

Executed Item Type: Resolution   Number: 21-055 Executed Item Type: Agreement   Number: 04-049-A15

Note to Department Number of Original Agreements Returned to Dept: 0 Original Agreement Delivered to Auditor? No