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File #: 20-0668    Version: 1 Name:
Type: Resolution-Agreement Status: Consent Agenda
File created: 7/20/2020 In control: Transportation
On agenda: 8/18/2020 Final action:
Title: Adoption of Resolution Approving Amendment Number 14 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)
Sponsors: Transportation
Attachments: 1. Resolution 20-104, 2. Agreement 04-049-A14
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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To:  Board of Supervisors

FromTransportation

Meeting DateAugust 18, 2020

 

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 14 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)

End

 

Recommended Action/Motion:

recommendation

Adopt Resolution approving Amendment Number 14 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); 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 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.                     

 

Summary of Request

Currently, in Solid Waste Collection Area No. Two, the Franchise Agreement with USA Waste of California, Inc., dba Empire Waste Management (Grantee) requires solid waste generators using debris boxes or compactors to have them picked up at least every seven days.  The Mendocino County Department of Transportation (DOT) has received requests from solid waste generators to extend this time period.  The Grantee has agreed to amend the Agreement to extend the period between debris box and compactor pickups from seven days to fourteen days, upon request by the solid waste generator.  Additionally, the Grantee has requested an amendment to the Agreement to implement an inactivity fee of $13.00 per day, which may be charged to a solid waste generator if that generator requests to keep the debris box longer than fourteen calendar days without a pickup.  DOT and its solid waste consultant, HDR Engineering, Inc., have reviewed the request and found it to be acceptable and within industry standard practices.  Therefore, DOT recommends approval of Amendment No. 14 to the Franchise Agreement which would amend Section 5.b.3 to allow up to fourteen days between pickup of debris boxes and compactors and add an “inactivity fee” of $13.00 per day which may be charged if a solid waste generator requests to keep a Debris Box or Compactor longer than fourteen calendar days without a pickup.  Additionally, since Waste Management has not submitted rates adjustment requests since 2018, the Amendment specifies that the 2018 rate schedule will remain in effect until adjusted per Section 15 of the Agreement or by subsequent amendment.

 

Alternative Action/Motion:

Decline to approve Amendment.                       

 

Supervisorial District:  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: Choose an item. 

 

 

CEO Comments:

 

 

FOR COB USE ONLY

Executed By: Atlas Pearson, Deputy Clerk I

  Final Status:Adopted

Date: August 20, 2020

  Executed Item Type: Resolution   Number: 20-104 and Executed Item Type: Agreement   Number: 04-049-A14

Note to Department Number of Original Agreements Returned to Dept: 3 Original Agreement Delivered to Auditor? Yes