HomeMy WebLinkAboutAGENDA REPORT 2020 1216 CCSA REG ITEM 10ECITY OF MOORPARK, CALIFORNIA
City Council Meeting
of December 16, 2020
ACTION Approved Staff Recommendation
Including Adoption of Resolution No. 2020-
3980. (Roll Call Vote: Unanimous).
BY B.Garza.
E. Consider Amendment No. 4 to Agreement No 2018-004 with Veolia ES Technical
Solutions, L.L.C. for Collection and Transportation of Universal and Hazardous
Waste for an Increase in the Amount of $40,000; and Consider Waiver of City
Purchasing Procedure Pursuant to Moorpark Municipal Code Section 3.04.120.
Staff Recommendation: 1) Adopt Resolution No. 2020-3980 amending Fiscal
Year 2020/21 Budget to appropriate $40,000 in expenditures from the Solid
Waste AB 939 Fund for universal waste collection and transport services; and 2)
Waive Request for Proposals (RFP) requirements and authorize the City
Manager to sign Amendment No. 4 to the Agreement with Veolia ES Technical
Solutions, L.L.C. for additional universal and hazardous waste collection,
shipping, and disposal services in the amount of $40,000, subject to final
language approval of the City Manager. (Staff: Mack Douglass) (ROLL CALL
VOTE REQUIRED)
Item: 10.E.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Kambiz Borhani, Finance Director
BY: Mackenzie Douglass, Program Manager
D ATE: 12/16/2020 Regular Meeting
SUBJECT: Consider Amendment No. 4 to Agreement No. 2018-004 with Veolia
ES Technical Solutions, L.L.C. for Collection and Transportation of
Universal and Hazardous Waste for an Increase in the Amount of
$40,000; and Consider Waiver of City Purchasing Procedure
Pursuant to Moorpark Municipal Code Section 3.04.120
BACKGROUND AND DISCUSSION
On January 10, 2018, the City of Moorpark and Veolia ES Technical Solutions, L.L.C.
(“Veolia”) entered into an agreement to provide collection, shipping, and processing of
universal and hazardous waste. These services support the City’s E-Waste and Paper
Shredding events, which are free to Moorpark residents and held thrice annually.
These events provide residents with an opportunity to dispose of materials such as
batteries; electronics, fluorescent bulbs, and paper in an environmentally responsible
way that also helps the City meet state mandated solid waste diversion requirements.
Since 2018, Veolia’s agreement has been amended three times; on August 7, 2018,
January 2, 2020, and most recently, on August 18, 2020. The most recent amendment
increased the total not-to-exceed value of the contract to $50,000 and extended the
term of the agreement to March 31, 2022.
To date, the City has expended $43,723.76 of the $50,000 not-to-exceed amount. Staff
has also received invoices for services provided by Veolia in support of the September
19, 2020 and November 14, 2020, E-Waste and Paper Shredding events in the
amounts of $11,838.15 and $7,220.10 respectively.
When originally signed, Veolia’s agreement did not contemplate the high level of
popularity and participation the E-Waste and Paper Shredding events have generated.
In point of fact, the most recent September 2020 event collected between two and three
times the historical average amount of E-Waste and Universal Waste. As Veolia
charges the City based, in large part, on the amount of waste collected, this increase in
community participation has resulted in increased costs.
Item: 10.E.
99
Honorable City Council
12/16/2020 Regular Meeting
Page 2
Comparison of the City’s experience with previous vendors supporting of E-Waste and
Paper Shredding Events with the services provided by Veolia since 2018 confirm both
Veolia’s adequate competency and their ability to provide those services cost-
effectively. The services provided by Veolia meet the needs of the City’s Solid Waste
Division. Staff is therefore requesting that City Council consider waiving the City’s
purchasing procedure pursuant to Moorpark Municipal Code (MMC) Section 3.04.120
and authorize the City Manager to sign Amendment No. 4 to Agreement No. 2018-004.
FISCAL IMPACT
For Amendment No. 4 only, staff is recommending to extend the term of the Agreement
to October 31, 2022, for an amount not-to-exceed $71,275. Additionally, a budget
amendment in the amount of $40,000 from the Solid Waste AB 939 Fund (2410) Fund
Balance is being requested to cover the outstanding invoices mention above plus the
estimated costs for the upcoming January 23, 2021 and May 15, 2021, Solid Waste and
Paper Shredding events. The funding for remaining events will be appropriated during
the corresponding annual budget development.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Adopt Resolution No. 2020-___ amending Fiscal Year 2020/21 Budget to
appropriate $40,000 in expenditures from the Solid Waste AB 939 Fund for
universal waste collection and transport services; and
2. Waive Request for Proposals (RFP) requirements and authorize the City
Manager to sign Amendment No. 4 to the Agreement with Veolia ES Technical
Solutions, L.L.C. for additional universal and hazardous waste collection,
shipping, and disposal services in the amount of $40,000, subject to final
language approval of the City Manager.
Attachment 1: Draft Resolution No. 2020-___
Attachment 2: Amendment No. 4
100
ATTACHMENT 1
RESOLUTION NO. 2020-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL
YEAR 2020/21 BUDGET TO APPROPRIATE $40,000
FROM THE SOLID WASTE AB 939 FUND FOR
UNIVERSAL SOLID WASTE COLLECTION AND SHIPPING
SERVICES
WHEREAS, the City Council adopted the Operating and Capital Improvements
Budget for Fiscal Year 2020/21 on June 21, 2020; and
WHEREAS, a staff report has been presented to the City Council requesting
approval of an amendment to agreement No. 2018-004 with Veolia ES Technical
Solutions L.L.C., for universal and hazardous waste collection and shipping services;
and
WHEREAS, the term of the Agreement has been extended to October 31, 2022;
and
WHEREAS, costs incurred under the agreement will be absorbed by Solid Waste
AB 939 funds; and
WHEREAS, Exhibit A hereof describes said budget amendment and its resultant
impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment of $40,000 to the Solid Waste AB 939 fund
(2410), to fund an agreement with Veolia ES Technical Solutions L.L.C., for universal
and hazardous waste collection and shipping services, as more particularly described in
Exhibit A, is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 16th day of December 2020.
________________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Attachment: Exhibit A – Budget Amendment 101
Resolution No.2020-____
Page 2
EXHIBIT A
BUDGET AMENDMENT FOR
SOLID WASTE DIVISION
SOLID WASTE AB 939 FUND
SHIPPING AND PROCESSING UNIVERSAL AND HAZARDOUS WASTE
FY 2020/21
FUND BALANCE ALLOCATION:
Fund Title Fund-Account Number Amount
Solid Waste AB 939 2410-000-00000-33990 $ 40,000.00
Total $ 40,000.00
EXPENDITURE APPROPRIATION:
Account Number Current Bd t Revision Amended Bd t 2410-445-P0002-51000 $ 96,947.00 $ 40,000.00 $ 136,947.00
Total $ 96,947.00 $ 40,000.00 $ 136,947.00
102
ATTACHMENT 2
AMENDMENT NO. 4
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND VEOLIA ES TECHNICAL SOLUTIONS, L.L.C., FOR
SHIPPING AND PROCESSING UNIVERSAL AND HAZARDOUS WASTE
This Amendment No. 4 to the Agreement between the City of Moorpark, a
municipal corporation (“City”), and Veolia ES Technical Solutions, L.L.C. a limited
liability company (“Contractor”), for shipping and processing universal and hazardous
waste services (“Agreement”), is made and entered into on this ___ day of
____________________, 2020.
RECITALS
WHEREAS, on January 10, 2018, the City and Contractor entered into an
Agreement to have the Contractor provide shipping and processing universal and
hazardous waste; and
WHEREAS, on August 7, 2018, the City and Contractor executed Amendment
No. 1 to the Agreement, increasing the maximum not to exceed amount from twenty
thousand dollars ($20,000) by a value of twenty thousand dollars ($20,000) for a total
contract value of forty thousand dollars ($40,000); and
WHEREAS, on January 2, 2020, the City and Contractor executed Amendment
No. 2 to the Agreement, increasing the maximum not to exceed amount from forty
thousand dollars ($40,000) by a value of five thousand dollars ($5,000) for a total
contract value of forty-five thousand dollars ($45,000); and extended the term to March
1, 2022; and
WHEREAS, on August 7, 2020, the City and Contractor executed Amendment
No. 3 to the Agreement, increasing the maximum not to exceed amount from forty-five
thousand dollars ($45,000) by a value of five thousand dollars ($5,000) for a total
contract value of fifty thousand dollars ($50,000); and
WHEREAS, the City and Contractor now desire to amend the Agreement to
increase the compensation for services to be performed by Contractor from fifty
thousand dollars ($50,000.00) by a value of sixty-five thousand dollars ($65,000.00) for
a total contract value of one hundred fifteen thousand dollars ($115,000.00); and extend
the term to October 31, 2022, and document said agreement to amend by jointly
approving Amendment No. 4 to the Agreement.
NOW, THEREFORE, it is mutually agreed by and between the parties to the
Agreement as follows:
I. Section 1, TERM, is amended by replacing this section in its entirety as follows:
“The term of this Agreement shall be from January 10, 2018, to October
31, 2022, unless this Agreement is terminated or suspend pursuant to this
Agreement.”
103
Amendment No. 4 to Agreement between City of Moorpark and Veolia ES Technical Solutions, L.L.C.
Page 2
II. Section 2, SCOPE OF SERVICES, is amended by replacing this section in its
entirety as follows:
“Compensation for the services to be performed by Contractor shall
be in accordance with Exhibit C. Compensation shall not exceed the rates
or total contract value of one hundred fifteen thousand dollars
($115,000.00) without a written amendment to the Agreement executed by
both parties. Payment by City to Contractor shall be in accordance with
the provision of this Agreement.”
III. Remaining Provisions:
Except as revised by this Amendment No. 4, all of the provisions of the
Agreement shall remain in full force and effect.
In W itness W hereof, the parties hereto have caused this Amendment to be
executed the day and year first above written.
CITY OF MOORPARK VEOLIA ES TECHNICICAL SOLUTIONS,
L.L.C.
_______________________________ _______________________________
Troy Brown
City Manager
John Flaminio
General Manager
Attest:
_______________________________
Ky Spangler
City Clerk
Attachment: Exhibit A - Proposal dated November 18, 2020
104
Visit us at our website: www.veolianorthamerica.com City of Moorpark, CA
Page 1 of 3
November 18, 2020
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
www.moorparkca.gov
Re: Disposal and Transportation
Dear Mackenzie Douglass:
Veolia ES Technical Solutions, L.L.C. (Veolia) is pleased to submit an itemized estimate for the
proper packaging, transportation and disposal of your waste items located at City of
Moorpark in to be managed and disposed of by Veolia. This quote is valid for thirty (30) days.
Based upon our understanding of the scope of work as presented by City of Moorpark, the following is a
summary of the proposed Veolia products and services:
Scope of Work
This quotation includes the following activities:
Mobilization to and from the City of Moorpark project service location in Moorpark, CA
All necessary Waste Materials, manifesting, permitting and any other paperwork as required by
law.
Veolia Transportation truck with DOT, EPA, state and local regulations.
DOT and Hazwoper trained technicians
Transportation and ultimate disposal at a Veolia and City of Moorpark approved facility
Conditions
Disposal pricing is subject to the facility’s acceptance of the waste material. Materials that do not conform
to generator certified waste information profile sheets may incur additional processing fees depending
on the required treatment technology for the non-conforming waste, or will be rejected back to the
generator’s site at the expense of the generator.
Any generator supplied container offered for shipment that does not comply with UN/DOT specifications
will not be accepted for off-site transport. Waste materials shipped in salvage drums are subject to additional
handling fees. Veolia will not accept improperly identified or unidentified materials.
Veolia ES Technical Solutions, LLC
107 South Motor Ave
Azusa, CA 91702
T: 626-594-2146
Sandy Nunez, Account Manager
sandy.nunez@veolia.com
EXHIBIT A
105
Veolia ES Technical Solutions, LLC
107 South Motor Ave
Azusa, CA 91702
T: 626-594-2146
Sandy Nunez, Account Manager
sandy.nunez@veolia.com
Visit us at our website: www.veolianorthamerica.com City of Moorpark, CA
Page 2 of 3
Miscellaneous Conditions
All work performed will be in strict compliance with all federal, state and local regulations and laws. City of
Moorpark must also comply with all applicable laws and regulations pertaining to generators of hazardous
waste. Veolia will not accept improperly identified or unidentified materials.
Any additional services performed at the request of the customer, not listed contractually, will be noted on a
Service Change Order or Activity Report. For any services or waste materials to be managed under this or future
projects that have not been previously quoted or priced and agreed to will be subject to Veolia’s standard pricing.
If a Purchase Order Number must be referenced for invoice payment, please include this information with your
acceptance signature. Veolia Payment Terms of Net thirty (30) days supersedes all payment terms as listed on
customer’s issued purchase order.
To schedule a service date, please sign and return a copy of this letter via email to sandy.nunez@veolia.com.
If you require additional time for evaluation or have any questions regarding the above, please feel free to call,
626-594-2146.
Thank you for the opportunity to provide the above cost estimate. We look forward to exceeding your
expectations.
Sincerely, ACCEPTED:
Veolia ES Technical Solutions City of Moorpark
By:
Sandy Nunez Title:
Date:
Account Manager Purchase Order:
106
Veolia ES Technical Solutions, LLC
107 South Motor Ave
Azusa, CA 91702
T: 626-594-2146
Sandy Nunez, Account Manager
sandy.nunez@veolia.com
Visit us at our website: www.veolianorthamerica.com City of Moorpark, CA
Page 3 of 3
December 2020 – January 2022 Pricing (Exhibit A)
Event Year UOM Pricing Comment
MOORPARK E-Waste Event 2020 1 $ 9,500
MOORPARK E-Waste Event 2020-1st event 2021-1st event 1 $ 9,500
MOORPARK E-Waste Event 2020-2nd event 2021-2nd event 1 $ 10,000
MOORPARK E-Waste Event 2020-3rd event 2021-3rd event 1 $ 10,000
MOORPARK E-Waste Event 2021 2022 1 $ 10,000
This estimate observes the following general terms and conditions:
●This is an estimate only. Charges will be based on actual transportation hours, disposal and miscellaneous fees as described in
the pricing schedule.
●Work will be performed under the terms and conditions of the Services Agreement
●This proposal is valid for 30 days from date of issuance.
●Veolia must receive a signed quotation prior to shipment of waste.
●The waste material conforms to the Waste Information Profile (WIP) specifications.
Unless provided with a valid certificate of exemption or other evidence that items are not taxable, Veolia will invoice for all applicable
Local, State, and Federal taxes.
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