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SR 09-24-2019 3B City Council Report City Council Meeting: September 24, 2019 Agenda Item: 3.B 1 of 7 To: Mayor and City Council From: Susan Cline, Director, Public Works, Resource Recovery & Recycling Subject: Interim Recyclable Materials Transferring and Processing Services Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a second modification to contractual services agreement #9011 (CCS) in the amount of $900,000 (including contingency) with Southern California Disposal Company, a California-based company, for recyclable materials transferring services for the Public Works Department. This will result in a 15-year amended agreement with a new total amount not to exceed $36,900,000, with future year funding contingent on Council budget approval. 2. Authorize the City Manager to negotiate and execute a first modification to contractual services agreement #4603 in the amount of $1,950,000 with American Reclamation, a California-based company, for recyclable materials processing services for the Public Works Department. This will result in an 18 - month amended agreement with a new total amount not to exceed $2,200,000 (including a 30% contingency), with future year funding contingent on Council budget approval. 3. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report. Summary In the midst of a statewide recycling market crisis, the City’s long-standing service agreement for on-site recyclable materials processing and community recycling center expired on June 30, 2019. At its May 28, 2019 meeting, the Council directed staff to reject all proposals and procure services on an interim basis to transfer and process curbside recyclable materials off -site beginning July 1, 2019 and present additional longer-term recyclable materials processing and community recycling center options at a future Council meeting (Attachment A). The timeframe of interim services is anticipated to be a sufficient period of time to bid out services after Council direction next month. Staff solicited quotes from various qualified companies for these contracts and deemed Southern California Disposal (SCD) the best qualified bidder for curbside 2 of 7 recyclable materials transferring and American Reclamation the best qualified bidder for curbside recyclable materials processing. As interim measures, staff kept SCD’s existing contract with the City at the original contract authority and established American Reclamation’s new contract at $250,000 to stay within the City Manager’s contract approved threshold. At this time, staff recommends: 1) executing a second contract modification to increase SCD’s 15-year contract by $900,000 to an amount not to exceed $36,900,000, and 2) executing a first contract modification to increase American Reclamation’s 18-month contract by $1,950,000 to an amount not to exceed $2,200,000. Staff will return to Council next month to seek direction on the rebidding of longer-term recyclable materials transferring and processing services and present options for recycling or redemption services for the community. Discussion The City had contracted with Cedarwood-Young Inc. (dba Allan Company) for curbside recyclable materials processing and the operation of the Santa Monica Community Recycling Center, also known as the Buy-Back Center, since 1993. That agreement expired on June 30, 2019. Staff issued a request for proposals for a new recycling contract beginning July 1, 2019. After a formal bidding process and an evaluation of the two proposals received, staff recommended Allan Company as the best qualified company to process the City’s curbside recyclable materials and operate the Buy-Back Center on City property at approximately $67 per gross ton of recyclables or $951,000 in the first year (or $1.24 million including a 30% contingency). Due to a variety of factors, including long-term cost concerns, at its May 28, 2019 meeting, the Council directed staff to reject all bids, which included services for on -site recyclable materials processing and the management of a Buy-Back Center, and proceed with interim arrangements with off-site processing of recyclable materials. To implement Council direction for off-site recyclable materials processing, staff sought quotes from qualified companies for interim recyclable materials transferring and off-site recyclable materials processing services only. A request for quotes for a Buy-Back 3 of 7 Center was not initiated, which was consistent with Council direction to return at a later date to present options for recycling or redemption services for the community. These options are scheduled to be presented with the Zero Waste Plan update at the October 22, 2019 Council meeting. The interim arrangement has required two separate agreements. First, the recyclable materials collected curbside by the City’s Resource Recovery and Recycling personnel need to be transferred to a recycling processor outside of the City. Second, the collected materials need to be processed and sold into the recycling market. Interim Recyclable Materials Transferring Services – Southern California Disposal SCD has an existing 15-year contract with the City that was approved by Council in 2008 (Attachment B). As memorialized in a Notice to Proceed issued by the City, the initial term of the 15-year contract commenced on December 1, 2011, and expires on December 1, 2026. The original contract authority was $2.4 million per year, or up to $36 million over the initial 15 years, with three five -year renewal options afterwards through 2041. The original scope of services includes transferring services of refuse, organics (green waste and food waste), and construction and demolition debris generated by City capital improvement projects and City facilities only. As part of establishing an interim recycling arrangement, staff contacted several qualified companies for interim recyclable materials transferring services. Three quotes were received, and SCD was deemed the best bidder because of its low price as compared with the other bids and its experience with transferring the City’s curbside solid waste materials since 2008. Following the bidding process, a first contract modification was executed with SCD in June 2019 to clarify its scope of service to include interim transferring of recyclable materials for up to 18 months from July 1, 2019 through December 31, 2020. The interim recyclable materials transferring services were quoted at $25.18 per ton and are estimated to cost up to $600,000 in the first year in FY 2019-20 and $300,000 for six months in FY 2020-21 for a total amount of $900,000 over 18 months, including a 30% contingency. 4 of 7 Interim Recyclable Materials Processing Services – American Reclamation Staff contacted multiple qualified companies for interim recyclable materials processing services off-site. Three quotes were received, and American Reclamation was deemed as the best bidder at a cost of approximately $69 per gross ton of recyclables. An interim contract was established on a month-to-month basis with a six-month termination notice requirement. The contract term is up to 18 months from July 1, 2019 t hrough December 31, 2020. The interim recyclable materials processing services are estimated to cost up to $1,470,000 in the first year in FY 2019-20 and $730,000 for six months in FY 2020-21 for a total amount of $2,200,000 over 18 months, including a 30% contingency. Given the short time of needing a new contract, staff decided to limit American Reclamation’s initial contract cost to $250,000 under the City Manager’s maximum contract approval threshold and return to Council to seek additional funding au thority after contract execution. Overall Interim Recycling Costs The overall interim recyclable materials transferring and processing services cost is estimated at slightly over $2 million in the first year and $1 million for the six months in the second year. This amount includes a 30% contingency to address any unforeseen circumstances during this interim period, including a potentially increased amount of materials collected at curbside due to the closure of the Buy-Back Center. Any unused funds set aside for these contracts will be released back to the Resource Recovery and Recycling Fund. Estimated Interim Recycling Cost (July 1, 2019 – December 2020) Service & Service Provider FY 2019-20 FY 2020-21 (6 Months) 18-Month Total Recyclables Transferring: SCD $600,000 $300,000 $900,000 Recyclables Processing: American Reclamation $1,470,000 $730,000 $2,200,000 $2,070,000 $1,030,000 $3,100,000 5 of 7 Past Council Actions May 28, 2019 (Attachment A) Council directed staff to reject proposals for recyclable materials processing services and return with recyclable materials processing and Buy-Back Center options November 25, 2008 (Attachment B) Council awarded contracts to Southern California Disposal and Cedarwood-Young Inc. dba Allan Company for transfer and recycling services Financial Impacts and Budget Actions Materials Transferring – Southern California Disposal Contract Action Based on the estimated costs outlined above, staff recommends increasing the total contract authority of SCD’s contract #9011 (CCS) by $900,000 through a second modification, which increases the not-to-exceed contract amount from $36,000,000 to $36,900,000 for the interim transferring services of recyclable materials through December 2020 and transferring services of refuse, organics, construction and demolition debris through December 2026. The revised estimated contract expense for FY 2019-20 is $3,660,000. Contract Modification Request: Agreement # 9011 (CCS) Current Authorized Amount FY 2019-20 Modified Request Amount Future Year Funding Account # Total Revised Contract Amount $36,000,000 $600,000 $300,000 54500002.550150 $36,900,000 Budget Action Staff recommends an additional budget appropriation of $600,000 in FY 2019 -20 and $300,000 in FY 2020-21 in account number 54500002.550150 to cover the cost of interim recyclable materials transferring. Any unused budget amounts will return to the Resource Recovery and Recycling Fund. 6 of 7 Interim Recyclable Materials Processing – American Reclamation Contract Action The total cost of American Reclamation’s processing services is estimated at an amount not to exceed $1,470,000 in FY 2019-20 and $730,000 in FY 2020-21, including a 30% contingency. (The interim recyclable materials processing arrangement expires six months into FY 2020-21, hence the lower estimated expense in the second year.) Since American Reclamation’s contract was originally established at $250,000 and the total estimated contract cost is $2,200,000, staff recommends modifying American Reclamation’s contract #4603 to increase the total contract authority by $1,950,000 for interim processing services of recyclable materials through December 2020. Contract Modification Request: Agreement # 4603 Current Authorized Amount FY 2019-20 Modified Request Amount Future Year Funding Account # Total Revised Contract Amount $250,000 $1,220,000 $730,000 54500002.523010 $2,200,000 Budget Action Staff seeks authority for an additional budget appropriation of $556,000 to account 54500002.523010 in the Resource Recovery and Recycling Fund in FY 2019-20 for this unbudgeted expense. Any unused budget amounts will return to the Resource Recovery and Recycling Fund, and future year budget action requests can be evaluated at a later time upon Council approval. Prepared By: Yvonne Yeung, Principal Administrative Analyst Approved Forwarded to Council 7 of 7 Attachments: A. May 28, 2019 Staff Report - Recyclable Materials Processing Services B. November 25, 2008 Staff Report - SCD and Allan Company Contract Awards C. Oaks Initiative Disclosure - Southern California Disposal D. Oaks Initiative Disclosure - American Reclamation REFERENCE: Agreement No. 10941 (CCS) & Modified Agreement No. 9011 (CCS)