Resolution of the City Council Approving an Agreement with Gilton Solid Waste Management, Inc. for Solid Waste Services

Meeting Date APRIL 02, 2013

Agenda Item #9. Resolution of the City Council Approving an Agreement with Gilton Solid Waste Management, Inc. for Solid Waste Services

page 1-1page 1-2page 2-1page 2-2page 3-1page 3-2page 3-3page 3-4page 3-5page 3-6page 3-7page 3-8page 3-9page 3-10page 3-11page 3-12page 3-13page 3-14page 3-15page 3-16page 3-17page 3-18page 3-19page 3-20page 3-21page 3-22page 3-23page 3-24page 3-25page 3-26page 3-27page 3-28page 3-29page 3-30page 3-31page 3-32

Note from TheGardeningSnail. There are probably several textual goofs, gaffs, and gremlins. When in doubt, check the pages above.

STAFF REPORT

AGENDA ITEM: Resolution of the City Council Approving an Agreement with Gilton Solid Waste Management, Inc. for Solid Waste Services.

MEETING DATE: April 2, 2013

PREPARED BY: Jose Antonio Ramirez, City Manager

REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

Adopt Resolution No. 2013- approving an Agreement with Gilton Solid Waste Management, Inc. for

Solid Waste Services.

BACKGROUND:

On March 4, 1986, the City of Livingston and Gilton Solid Waste Management, Inc. ("Gilton") entered into a Garbage and Refuse Franchise Agreement. The agreement has been subject to periodic extensions. The latest extension ended on December 31, 2012, however, Gilton agreed to keep providing services at the same rates until April 30, 2013.

The City released a Request for Proposals for solid waste services on July 19, 2012. Staff and the City Council assessed proposals and interviewed applicants through its Stakeholders’ Committee and the City Council. At a Special Council Meeting on November 8, 2012, the majority of the City Council present at the meeting directed staff to move forward with preparing a solid waste services agreement between the City and Gilton to be approved at a later date.

Attached is the final negotiated Solid Waste Services Agreement ("Agreement") with Gilton, under which Gilton will provide solid waste hauling, disposal and green waste collection services for the City of Livingston. As described to the Council on November 8, 2012, the Agreement is bifurcated into two phases, an Initial Term and a Remainder Term, in order to provide the City with the needed time to complete the procedures required by Proposition 218 in order to establish new service rates for residents and businesses receiving solid waste collection services from the City in accordance with the attached Agreement.

If the Ordinance establishing the new solid waste service rates is adopted by the Council on April 2, 2013, the new rates are set to go into effect on May 3, 2013. The new solid waste rates are needed to cover the costs under the attached Agreement with Gilton. The proposed costs for Gilton’s services have been presented to the Council at past Council Meetings and have been used to calculate the rates proposed in the Proposition 218 rate increase.

ATTACHMENTS:

1. Resolution No. 2013- , Approving an Agreement with Gilton Solid Waste Management, Inc.for Solid Waste Services.

2. Agreement with Gilton Solid Waste Management, Inc. for Solid Waste Services.

2065757.1

RESOLUTION NO. 2013-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING AN AGREEMENT WITH GILTON SOLID WASTE MANAGEMENT, INC. FOR SOLID WASTE SERVICES

WHEREAS, the City of Livingston and Gilton Solid Waste Management, Inc. ("Gilton") entered into a garbage and refuse franchise agreement for the collection and disposal of garbage, refuse, and waste on March 4, 1986 wherein Gilton agreed to provide garbage collection and disposal services for the City; and

WHEREAS, the franchise agreement between the City and Gilton terminated on December 31, 2012; and

WHEREAS, the City Council determines, pursuant to its powers, that obtaining a long-term commitment for solid waste collection services for the City is in the best interests of the health, safety and well-being of the citizens of the City of Livingston; and

WHEREAS, the City released a Request for Proposals for solid waste services on July 19, 2012. The City has assessed proposals and interviewed applicants through its Stakeholders’ Committee and the City Council; and

WHEREAS, at a Special Council Meeting on November 8, 2012, the majority of the City Council present at the meeting directed staff to move forward with preparing a solid waste services agreement between the City and Gilton to be approved at a later date; and

WHEREAS, the City now wishes to enter into the Solid Waste Services Agreement ("Agreement"), attached hereto as Exhibit A, with Gilton, under which Gilton will provide solid waste hauling, disposal and green waste collection services for the City of Livingston; and

WHEREAS, the State of California, through enactment of the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et. seq.) also recognizes the important health and safety considerations to long-term planning for local governments’ adequate disposal needs. The Act also authorizes local governments to enter into exclusive contracts to provide solid waste handling services for the health, safety and well-being of its citizens (California Public Resources Code Section 40059); and

WHEREAS, the Agreement also advances the objectives of the federal government to encourage environmentally sound solid waste management (Resource Conservation and Recovery Act of 1976 (RCRA), 42, U.S.C. Section 6941 et. seq.); and

WHEREAS, the Agreement will be bifurcated into two phases, an Initial Term and a Remainder Term, in order to provide the City with the needed time to complete the procedures required by Proposition 218 in order to establish new service rates for residents and businesses receiving solid waste collection services from the City in accordance with the attached Agreement; and

2065623.2

WHEREAS, if the Ordinance establishing the new solid waste service rates is adopted by the Council on April 2, 2013, the new rates are set to go into effect on May 3, 2013. The new solid waste rates are needed to cover the costs under the attached Agreement with Gilton.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston that it

hereby:

1. Ratifies the selection of Gilton Solid Waste Management, Inc. as the successful bidder for solid waste collection services.

2. Approves the attached Agreement for solid waste services between the City and Gilton Solid Waste Management, Inc., in a form approved by the City Attorney, and substantially in the form attached hereto as Exhibit A.

3. Authorizes and directs the Mayor to execute the Agreement.

Passed and adopted this 2nd day of April 2013, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Rodrigo Espinoza, Mayor

of the City of Livingston

ATTEST:

I, hereby certify that the foregoing Resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston this 2nd day of April 2013.

Antonio Silva, City Clerk

of the City of Livingston

2065623.2

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s