File #: 20-273    Name: UFA Negotiations
Type: General Agenda Item Status: Passed - Health Department
File created: 4/6/2020 In control: Board of Supervisors
On agenda: 4/28/2020 Final action: 4/28/2020
Title: a. Receive a report on solid waste contract negotiations with USA Waste of California dba Carmel Marina Corp., a subsidiary of Waste Management, Inc. for unincorporated Monterey County. b. Approve and authorize the Director of Health, or Assistant Director of Health, to sign Amendment No. 10 to the Unified Franchise Agreement to extend the term 60 days, through August 31, 2020, to continue contract negotiations.
Attachments: 1. Board Report, 2. Waste Management Letter to MC 60 Day Extension, 3. UFA Amendment No 10, 4. UFA Amendment No 9, 5. UFA Amendment No 8, 6. UFA Amendment No 7, 7. UFA Amendment No 6, 8. UFA Amendment No 5, 9. UFA Amendment No 4, 10. UFA Amendment No 3, 11. UFA Amendment No 2, 12. UFA Amendment No 1, 13. UFA Agreement, 14. Item No. 17 MS PowerPoint Presentation (Post Meeting Material), 15. Item No. 17 Completed Board Order

Title

a. Receive a report on solid waste contract negotiations with USA Waste of California dba Carmel Marina Corp., a subsidiary of Waste Management, Inc. for unincorporated Monterey County.

b. Approve and authorize the Director of Health, or Assistant Director of Health, to sign Amendment No. 10 to the Unified Franchise Agreement to extend the term 60 days, through August 31, 2020, to continue contract negotiations.

Report

RECOMMENDATION:

It is recommended that the Board of Supervisors:

a. Receive a report on solid waste contract negotiations with USA Waste of California dba Carmel Marina Corp., a subsidiary of Waste Management, Inc. for unincorporated Monterey County.

b. Approve and authorize the Director of Health, or Assistant Director of Health, to sign Amendment No. 10 to the Unified Franchise Agreement to extend the term 60 days, through August 31, 2020, to continue contract negotiations.

 

SUMMARY:

The Environmental Health Bureau has been in negotiations with USA Waste of California dba Carmel Marina Corp., to extend the term of the agreement and to address a mechanism to recover outstanding debt owed to the Contactor.

 

DISCUSSION:

On February 2, 2010, the Board of Supervisors awarded the solid waste franchise contract to  USA Waste of California, Inc., dba Carmel Marina Corporation (Contractor).  The current Agreement is under consideration to negotiate an extension of five (5) years with the ability of the Contractor to recover bad debt. The Contractor has provided excellent customer service to the unincorporated Monterey County residents and has provided extra/expedited services during emergencies, such as the Soberanes Fire. Considering the Contactor’s performance as noted above, a five (5) year extension would allow this service to continue for unincorporated Monterey County.

 

The County received communications from USA Waste of California, Inc. on April 6, 2020. USA Waste of California proposed a sixty (60) day extension of the current Agreement in order to continue negotiations as the Covid 19 virus has shifted priorities to emergency operations. It is anticipated that by April 20, 2020 the Contractor will have a proposal to submit to the County for evaluation.

                     

This work supports the Monterey County Health Department 2018-2022 strategic plan initiatives: 1. Empower the community to improve health through programs, policies, and activities. It also supports one of the ten essential public health services, specifically: 6. Enforce laws and regulations that protect health and ensure safety.

 

OTHER AGENCY INVOLVEMENT:

The Contractor concurs with this recommendation.

 

FINANCING:

There is no General Fund Contribution resulting from this Board action.  Waste Management, Inc. will continue to remit franchise fees, calculated at ten percent (10%) of collected revenue, to the General Fund under the current terms of the Unified Franchise Agreement.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

Check the related Board of Supervisors Strategic Initiatives:

 

Economic Development:

                     Through collaboration, strengthen economic development to ensure a diversified and healthy economy.

Administration:

                     Promote an organization that practices efficient and effective resource management and is recognized for responsiveness, strong customer orientation, accountability and transparency.

Health & Human Services:

                     Improve health and quality of life through County supported policies, programs, and services; promoting access to equitable opportunities for healthy choices and healthy environments in collaboration with communities.

Infrastructure:

                     Plan and develop a sustainable, physical infrastructure that improves the quality of life for County residents and supports economic development results.

Public Safety:

                     Create a safe environment for people to achieve their potential, leading businesses and communities to thrive and grow by reducing violent crimes as well as crimes in general.

 

Prepared by:  Rob Durham, Management Analyst III, 755-8979

 

Approved by:

 

 

______________________Date:_________

Elsa Jimenez, Director of Health, 755-4526

 

Attachments:

 

Letter dated April 6, 2020 from USA Waste of California dba Carmel Marina Corp., a subsidiary of Waste Management, Inc.

Amendment No 10 is on file with the Clerk of the Board

Amendment No 9 is on file with the Clerk of the Board

Amendment No 8 is on file with the Clerk of the Board

Amendment No 7 is on file with the Clerk of the Board

Amendment No 6 is on file with the Clerk of the Board

Amendment No 5 is on file with the Clerk of the Board

Amendment No 4 is on file with the Clerk of the Board

Amendment No 3 is on file with the Clerk of the Board

Amendment No 2 is on file with the Clerk of the Board

Amendment No 1 is on file with the Clerk of the Board

Waste Management, Inc. Uniform Franchise Agreement is on file with the Clerk of the Board