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Regular-Community Services # 39.
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| Board of Supervisors |
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| Subject |
| Approve the Assignment and Assumption Agreement between the County of Yolo and Davis Waste Removal, Inc. and Recology Davis for transfer of Franchise Agreement No. 08-206 for Solid Waste, Recyclable Materials, Yard Trimmings and C&D Collection Services for the term March 20, 2018 to June 30, 2019. (No general fund impact) (Echiburu/Juhler) |
| Recommended Action |
| Approve the Assignment and Assumption Agreement between the County of Yolo and Davis Waste Removal, Inc. and Recology Davis for transfer of Franchise Agreement No. 08-206 for Solid Waste, Recyclable Materials, Yard Trimmings and C&D Collection Services for the term March 20, 2018 to June 30, 2019. The approval would not become effective unless and until the City Council of the City of Davis shall also have consented to such assignment . Alternatively, the Board could authorize the County Executive to execute the Assignment and Assumption Agreement upon approval of the assignment by the City of Davis. |
| Strategic Plan Goal(s) |
| Sustainable Environment |
| Reason for Recommended Action/Background |
In August 2008 the County and Davis Waste Removal, Inc. (DWR) entered into an Agreement No. 08-206 granting DWR exclusive rights to haul waste (solid waste, recyclables and green waste) in the unincorporated areas of Davis, (including but not limited to El Macero, Old Willowbank, North Davis Meadows and the Binning Tract) through June 30, 2014. In May of 2012 the County and DWR amended this agreement to include additional recycling areas and language which address the state mandated commercial recycling laws set under AB 341. In June of 2014 the County and DWR signed a second amendment adding language to address new organics recycling programs set by the state under AB 1826 and extended the term through June 30, 2019.
On August 28, 2017, the County received a formal request from DWR requesting that the County grant DWR permission to transfer and assign the Franchise Agreement to Recology Davis (Recology) as the owners of DWR were looking to retire and sell the company. On September 25, 2017 the County responded to this request asking for detailed information on how this transition would affect our rural Davis communities. This resulted in the Assignment and Assumption Agreement (Attachment A) which outlines that all terms, conditions and rates will remain the same and a Transition Plan (Attachment B) which ensures that residents will be properly notified of the transition and no major changes shall occur between now and the end of the existing term.
Additionally, County staff has negotiated language that ensures the residents of unincorporated Davis continue to receive loose cardboard collection alongside the single-family recycling route. This is a historical service that residents have become accustomed to, however it is not currently contractually required. Due to the fact that it requires an additional truck and driver to facilitate such manual collection, new language has been added to ensure a seamless transition. Lastly, under the existing agreement with DWR, resources have not been provided to County staff for recycling education and outreach efforts such as mailers, flyers, calendars, etc. Under the new Assignment and Assumption Agreement, Recology has agreed to assist the Integrated Waste Management Division with these efforts which will save County staff time and expenses related to postage and printing.
Recology, Inc. is headquartered in San Francisco and has been in the solid waste business since 1920. It serves over 127 communities in Washington, Oregon and California including Vacaville, Yuba/Sutter Counties, Yuba City and San Francisco. They have highly effective waste reduction programs in the communities they service and would be a consistent provider of services for the County.
County staff anticipates working with Recology in the 15 remaining months of this agreement to address service requests in the Old Willowbank area and to examine future waste needs beyond June 30, 2019.
Therefore, staff is recommending that the Board approve the Assignment and Assumption Agreement. The City of Davis is not scheduled to take action on the Agreement until April 10, 2018 at the earliest and there may be new terms of interest to the County as a result of the City's consent. Therefore, staff is also recommending that notwithstanding any other provision of the Agreement, the County's consent to the assignment of the Franchise Agreement by DWR to Recology shall not become effective unless and until the City Council of the City of Davis shall also have consented to such assignment. Alternatively, the Board could authorize the County Executive to execute the Assignment and Assumption Agreement upon approval of the assignment by the City of Davis. |
| Collaborations (including Board advisory groups and external partner agencies) |
| County Integrated Waste Management (IWM) staff has met with Recology, Inc. and consulted with Davis Waste Removal, Inc. to review current contract terms and conditions and have collectively put together a transitions plan; County IWM staff has also been in communications with the City of Davis Environmental Resources Division; and County Counsel has approved the agreement as to form. |
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