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HomeMy WebLinkAbout28-City Manager CITY OF SAN BERNARDINO - REQUEST FOR COUNCI~Rlei N A L From: Lori Sassoon Acting City Manager Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SERVICES AGREEMENT WITH R3 CONSULTING SERVICES, INC" FOR SERVICES RELATED TO THE POTENTIAL OUTSOURCING OF SOLID WASTE COLLECTION SERVICES, Date: April 22, 2009 MICC Meeting Date: May 4, 2009 Synopsis of Previous Council Action: June 2004 - The Mayor and Council approved an agreement with R3 Consulting to assist the City through a competitive proposal process that could result in assigning all new commercial customers to a franchisee, Recommended Motion: I, Adopt resolution; and 2, Authorize the Director of Finance to amend the FY 0.8-09 Refuse Budget to increase contractual services by $72,500 and increase revenlyf~ ) Signature Contact person: Lori Sassoon Phone: 5122 Supporting data attached: staff report resolution, agreement Ward: All FUNDING REQUIREMENTS: Amount: No net cost to the City; contract cost of $72,500 to be offset by revenue from proposers, Source: (Accl. No,) Various (Accl. Description) IWM Fund Finance: Council Notes: (Nt) /ft!.--T7,M.I 17iK C Ai ) Agenda Item No, 2f) 5.'1.01 STAFF REPORT Subiect: Resolution authorizing the execution of a Services Agreement with R3 Consulting Group, Inc., for services related to potential outsourcing of solid waste collection services. Backl!round: In 2004, various options were evaluated for increasing revenues to the General Fund. One area under consideration was the City's possible expansion of franchised commercial refuse services. In the Spring of 2004, R3 Consulting Group was retained to provide an analysis concerning options to enhance revenues in this regard. One option identified was to assign all new commercial refuse customers to a franchisee. As an alternative, R3 was asked to evaluate whether or not a similar financial benefit could be realized through an expansion of the City's in-house commercial refuse operation. In summary, though that option is available, it contains risk and would not provide the same level of financial benefit to the General Fund. In June of 2004, the Mayor and Council approved another agreement with R3 Consulting to assist the City through a competitive proposal process that would result in assigning all new commercial customers to a franchisee. At that time, it was anticipated that the process would take 60-90 days before a recommendation could be made to the Mayor and Council concerning award of a franchise. In the end, further analysis showed that the roll-off operation was generating more in revenue than was originally estimated in the analysis. Part of this revenue offsets costs of the Refuse Division's environmental projects, including source reduction and recycling programs, as well as administrative costs. Over the long term, the Refuse Fund could not sustain that revenue loss without significant budget reductions that would impact other Refuse operations (such as environmental projects and administration), and/or considerable reductions to the transfer from the Refuse Fund to the General Fund. As a result, it was determined that franchising the City's roll-off operation would not be beneficial to the City at that time. Current Analvsis: Given the City's current financial situation, this office has recommended that we again explore the feasibility of potentially outsourcing the City's solid waste operations. This recommendation was first made during the February 2009 mid-year budget adjustment process. The major goal of this effort would be to replenish the City's reserves using the one-time proceeds of the transaction, while providing ongoing annual revenue to the General Fund through franchise fees. The evaluation of this option requires significant evaluation of the current benefits of the City-operated business, both in terms of qualitative benefits as well as quantitative (financial) benefits. Much of the analysis is predicated upon the amount that a private solid waste firm would be willing to pay to assume the City's business. Staff contacted R3 Consulting Services, Inc., to ask for their assistance with this project. R3' s prior experience in the 2004 - 2005 analysis, as well as their preparation of the business plan for the Refuse Division in 2007, gives them significant understanding of the City's current operations. That understanding will be especially beneficial in helping to expedite this analytical process. The proposed Services Agreement with R3 will provide for them to conduct Tasks I through 5 as more fully outlined in their proposal, which is attached to the Agreement. These tasks are as summarized as follows: Task I: Preparing a Request for Interest ("RFI") that can be provided to potential service providers Task 2: Interviewing potential service providers to determine their level of interest and ability to provide the requested services Task 3: Issuing a RFI Task 4: Evaluating RFI responses Task 5: Presenting a summary of the RFI responses to the City to determine a) if the City wants to proceed to negotiations, and b) which potential services providers with which to negotiate further If at that point the Mayor and Council determine to move ahead with this process, the next step would be to negotiate with one or more potential providers of these services. However, at this time it is recommended that the City contract only for Tasks I through 5. This will provide a point at which the Mayor and Council can evaluate the analysis and proposals thus far, and determine if this process should move forward. Financial Impact: The cost for this agreement is $72,500. It is anticipated that this cost will be offset by pre- proposal payments from potential providers, so there is no net cost to the City. As part of this action, the FY 2008-09 budget will be amended to incorporate these anticipated costs and revenues into the Integrated Waste Management budget. Recommendation: I. Adopt resolution; and 2. Authorize the Director of Finance to amend the FY 08-09 Refuse Budget to increase contractual services by $72,500 and increase revenue by $80,000. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. CCO[PV RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND R3 CONSULTING SERVICES, INC., FOR SERVICES RELATED TO THE POTENTIAL OUTSOURCING OF SOLID WASTE COLLECTION SERVICES BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. That R3 Consulting Services' prior experience in the 2004 - 2005 analysis of solid waste collection services, as well as their preparation of the business plan for the Refuse Division in 2007, gives them significant understanding of the City's current operations, and that understanding will be especially beneficial in helping to expedite this analytical process. SECTION 2. The City Manager of the City of San Bernardino is hereby aathorized and directed to execute on behalf of said City the Services Agreement between R3 Consulting Services, Inc., and the City of San Bernardino, which is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. SECTION 3. This purchase is exempt from the formal contract procedures of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code, "Purchases approved by the Mayor and Common Council." SECTION 4. The authorization to enter the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND R3 CONSULTING SERVICES, INC., FOR SERVICES RELATED TO THE POTENTIAL OUTSOURCING OF SOLID WASTE COLLECTION SERVICES I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of ,2009, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER SHORETT KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of ___ 2009. Patrick J. Morris, Mayor City of San Bernardino }- - P ev...- Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICES AGREEMENT This Services Agreement is entered into this _ day of 2009, by and between R3 Consulting Group, Inc. ("CONSULTANT") and the City of San Bernardino ("CITY"). WITNESSETH: WHEREAS, it is in the best interests of the CITY to acquire the servIces of a Consultant to assist with studying the feasibility of outsourcing the City's solid waste operations; NOW, THEREFORE, the parties hereto agree as follows: I. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2, San Bernardino hereby engages the services of CONSULTANT to provide those Tasks 1 through 5 as set forth in its letter proposal dated March 19, 2009, which is marked Attachment "1 ", attached hereto and incorporated herein by this reference. No other tasks that are outlined in Attachment "1" are authorized by this Agreement. 2. COMPENSATION AND EXPENSES. Consultant shall be paid a consulting fee not to exceed $72,500. The fees shall be billed to the City and payable as Tasks 1 through 5 are completed, in accordance with the fee schedule shown in Table I, on Page 8 of Attachment "I". No other costs shall be paid by the City. 3. TERM; TERMINATION. The term of this Agreement shall be for a period beginning on May 4, 2009, and terminating on November 4, 2009, unless extended by the mutual agreement of the parties. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. 4. INDEMNITY. CONSULTANT agrees to and shall indemnify and hold the CITY, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of CONSULTANT, its employees, agents, or subcontractors, relating to or in any way connected 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. CONSULTANT hereby waives any and all rights to any types of express or implied indemnity against the CITY, its elected officials, employees, agents or representatives, with respect to third party claims against the CONSULTANT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the forgoing, during the term of this Agreement, CONSULTANT shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy. 6. CONFIDENTIALITY OF REPORTS. The CONSULTANT shall keep confidential all reports, information, and data received, prepared or assembled pursuant to performance hereunder. Such information shall not be made available to any person, news release, firm, corporation, or entity without prior written consent of the City. 7. CONFLICT OF INTEREST. The CONSULTANT shall maintain a code or standard of conduct. The CONSULTANT shall neither solicit nor accept gratuities, favors, or anything of monetary value for work completed under the Scope of Services. To the extent permissible by stat laws, rules and regulations, the standards adopted by CONSULTANT shall provide for penalties, sanctions, or other disciplinary actions to be applied for violations of such standards by the CONSULTANT. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONSULTANT shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 9. INDEPENDENT CONTRACTOR. CONSULTANT shall perform work tasks provided by this Agreement, but for all intents and purposes CONSULT ANT shall be an independent contractor and not an agent or employee of the CITY. CONSULTANT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONSULTANT and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 10. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. CONSULTANT warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of CONSULTANT to practice its business or profession. 11. NOTICES. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: City Manager 300 N. D Street San Bernardino, CA 92418 Telephone: (909) 384-5122 Facsimile (909)384-5138 TO THE CONSULTANT: R3 Consulting Group, Inc. 811 Chippendale Drive, Suite 708 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sacramento, CA 95841 Telephone: (916) 576-0309 Facsimile: (916) 331-9600 12. RECORDS The CONSULTANT shall keep full and accurate records of all consulting work performed under this Agreement. All records, content, sketches, drawing, prints, computations charts, reports and other documentation made in the course of the consulting work performed hereunder, or in anticipation of the consulting work to be performed in regard to this Agreement, shall at all times be and remain the sole property of the City and the CONSULTANT shall turn over to the City all copies of the Work Records within seven (7) calendar days after a written request by City. 13. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 14. ASSIGNMENT. CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the CONSULTANT's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed by CONSULTANT hereunder for the term of this Agreement. 15. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. 16. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 17. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 18. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provIsIons. 19. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 20. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 21. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. III 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICES AGREEMENT R3 CONSULTING GROUP IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: Dated Approved as to Form: JAMES F. PENMAN, City Attorney By: ,2009 ,2009 CONSULTANT By: CITY OF SAN BERNARDINO By: Lori Sassoon, Acting City Manager 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICES AGREEMENT This Services Agreement is entered into this _ day of 2009, by and between R3 Consulting Group, Inc. ("CONSULTANT") and the City of San Bernardino ("CITY"). WITNESSETH: WHEREAS, it is in the best interests of the CITY to acquire the services of a Consultant to assist with studying the feasibility of outsourcing the City's solid waste operations; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in Paragraph 2, San Bernardino hereby engages the services of CONSULTANT to provide those Tasks I through 5 as set forth in its letter proposal dated March 19, 2009, which is marked Attachment "I", attached hereto and incorporated herein by this reference. No other tasks that are outlined in Attachment" I" are authorized by this Agreement. 2. COMPENSATION AND EXPENSES. Consultant shall be paid a consulting fee not to exceed $72,500. The fees shall be billed to the City and payable as Tasks I through 5 are completed, in accordance with the fee schedule shown in Table I, on Page 8 of Attachment "I". No other costs shall be paid by the City. 3. TERM; TERMINATION. The term of this Agreement shall be for a period beginning on May 4, 2009, and terminating on November 4, 2009, unless extended by the mutual agreement of the parties. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. 4. INDEMNITY. CONSULTANT agrees to and shall indemnify and hold the CITY, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of CONSULTANT, its employees, agents, or subcontractors, relating to or in any way connected 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. CONSULTANT hereby waives any and all rights to any types of express or implied indemnity against the CITY, its elected officials, employees, agents or representatives, with respect to third party claims against the CONSULTANT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the forgoing, during the term of this Agreement, CONSULTANT shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least '30 days prior to any change in or termination of the policy. 6. CONFIDENTIALITY OF REPORTS. The CONSULTANT shall keep confidential all reports, information, and data received, prepared or assembled pursuant to performance hereunder. Such information shall not be made available to any person, news release, firm, corporation, or entity without prior written consent of the City. 7. CONFLICT OF INTEREST. The CONSULTANT shall maintain a code or standard of conduct. The CONSULTANT shall neither solicit nor accept gratuities, favors, or anything of monetary value for work completed under the Scope of Services. To the extent permissible by stat laws, rules and regulations, the standards adopted by CONSULTANT shall provide for penalties, sanctions, or other disciplinary actions to be applied for violations of such standards by the CONSULTANT. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 8. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONSULTANT shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 9. INDEPENDENT CONTRACTOR. CONSULT ANT shall perform work tasks provided by this Agreement, but for all intents and purposes CONSULTANT shall be an independent contractor and not an agent or employee of the CITY. CONSULT ANT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONSULTANT and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 10. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. CONSULTANT warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of CONSULTANT to practice its business or profession. 20 11. NOTICES. 21 22 23 24 25 26 27 28 Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: City Manager 300 N. D Street San Bernardino, CA 92418 Telephone: (909) 384-5122 Facsimile (909)384-5138 TO THE CONSULTANT: R3 Consulting Group, Inc. 811 Chippendale Drive, Suite 708 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sacramento, CA 95841 Telephone: (916) 576-0309 Facsimile: (916) 331-9600 12. RECORDS The CONSULTANT shall keep full and accurate records of all consulting work performed under this Agreement. All records, content, sketches, drawing, prints, computations charts, reports and other documentation made in the course of the consulting work performed hereunder, or in anticipation of the consulting work to be performed in regard to this Agreement, shall at all times be and remain the sole property of the City and the CONSULTANT shall turn over to the City all copies of the Work Records within seven (7) calendar days after a written request by City. 13. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes ofthis paragraph. 14. ASSIGNMENT. CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the CONSULTANT's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed by CONSULTANT hereunder for the term of this Agreement. IS. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. 16. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 17. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 18. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provIsions. 19. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 20. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 21. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. III 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICES AGREEMENT R3 CONSULTING GROUP IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: Dated Approved as to Form: JAMES F. PENMAN, City Attorney ,2009 ,2009 CONSULTANT By: CITY OF SAN BERNARDINO By: Lori Sasso on, Acting City Manager 6 Attachment "1" R3 Consulting Group, Inc. Resources Respect Responsibility R3 Consulting Group, Inc 4811 Chippendale Drive, Suite 708 Sacramento, CA 95841 Tel. 916-576-0309 Fax: 916-331-9600 www.r3cgi.com March 19, 2009 Mr, Mark F. Weinber9, Interim City Manager Ms. Lori Sassoon, Assistant City Manager City of San Bernardino 300 North D Street, 6th Floor San Bernardino, CA 92418 Subject: Feasibility of Outsourcing Solid Waste Collection Services Dear Mr. Weinberg: Thank you and Ms. Sassoon for talking with me on how R3 Consulting Group ("R3") can assist the City of San Bernardino in analyzing options for outsourcing the City's solid waste management programs. Per our conversation, attached is a brief Scope of Services to examine the feasibility of outsourcing the City's solid waste collection services, including street sweeping. Please call me at (916) 576-0309, or e-mail atrterwin@r3cgi.com. if you have any questions or comments regarding our proposed Scope of Services and how we may best proceed. Sincerely, R3 CONSULTING GROUP ~o.---~ ~ c..~- 'S--- Richard Tagore-Erwin Principal attachment Page 1 SCOPE OF SERVICES R3 proposes to approach the possible outsourcing of the City's solid waste collection operations in an incremental approach to minimize any potential exposure to the City. We suggest this be done through the following steps: 1. Preparing an Request for Interest ("RFI") that can be provided to potential service providers; 2. Interviewing potential service providers to determine their level of interest and ability to provide the requested services; 3. Issuing a RFI to those potential service providers that indicated an interest in responding the RFI; 4. Evaluating RFI responses, including conducting a quantitative and qualitative pro-con analysis of outsourcing; 5. Presenting a summary of the RFI responses to the City to determine a) if the City want to proceed to negotiations, and b) which potential services providers to negotiate with; 6. Conduct negotiations with the recommended service provider(s) and develop a franchise agreement and asset/service transfer agreement; 7. Present results of the negotiations to the City and finalize the franchise agreement and asset/service transfer agreement. We also suggest that to minimize any financial exposure to the City related to the RFI process, the City require that the potential service providers be required to pay the City all costs associated with the costs of steps 1 - 5, with an additional fee be charged to those service providers recommended for negotiations, and a final fee paid by the service provider recommended for contract award. Preparing a Request for Interest ("RFI") that can be provided to potential service providers Upon authorization to proceed, R3 will prepare a RFI for potential services providers to respond to, including a listing of minimum payments to be made to the City for 1) participating in the outsourcing process, 2) an estimated minimum up-front payment to the City for selection by City Council for outsourcing contract (i.e., $40M+), and 3) estimated annual payments to the City (i.e., franchise fees). The responses to the RFI will be used to determine if the Task 1: R3 Page 2 company has the financial, management and operational capacity and capability to outsource the City's solid waste collection operations, and if outsourcing is a sound financial and operational option for the City. RFI responses will include items such as . Demonstrated cash reserves; . Borrowing ability; . Lines of credit; . Insurance; . Key personnel; . Operational resources; . Prior transition experience; . Operational experience; . Minimum up-front payment to the City for outsourcing; . Estimated impact on residential and commercial customer rates; . Employee seniority, wage and benefit packages; and . Prior litigation history in San Bernardino County. The RFI will also require the companies to sign a communication protocol (1) and require a fee to be paid to the City as part of the RFI submittal. In order to develop the RFI, R3 will need the following information: . Current customer rates for residential, commercial, permanent and temporary roll-off services; . FY 2008/09 IWM budget, revenue projections, and year-to- date results; . List of current IWM employees by classification and pay/benefits; . List of current IWM vehicles (age and type); . List of current IWM vehicle lease terms; 1 This would specify how interested companies are to communicate with the City during the outsourcing process. For example, to ensure real and perceived integrity of the outsourcing process, interested companies should not be allowed to have direct contact with City IWM staff or other elected or appointed officials. R-3 Page 3 . Current franchise agreements and franchise fees received and reported revenue from franchised permanent and temporary roll-off services (Jack's and Burrtec), . Current agreement for recyclables processing; . Current Waste Disposal Agreement with San Bernardino County; and . Annual and monthly billing registers by cat size, bin size, roll-off size, and collection frequency. Interviewing potential service providers to determine their level of interest and ability to provide the requested services R3 will develop a list of potential services providers that are likely to be interested in responding to the RFI. This may include companies such as Waste Management, Republic Services, Burrtec, Athens, CR&R and Norcal. Next R3 will contact key owners/management of the companies and set up a time for an initial interview with the company at the company's offices to discuss the RFI and determine if the company is a) interested in responding to the RFI, b) has the ability to pay significant up-front cash to the City, c) has the ability to begin services by Fall 2009, and d) what type of information the company will need to conduct its internal valuation process. Task 2: Task 3: Issuing a RFI Based on the results from the interviews, R3 will provide the selected companies with a communication protocol agreement. Upon receipt of an executed communication protocol agreement, R3 will provide the RFI for the companies to complete and send back to R3. Note that it may be necessary for R3 to have multiple conversations or meetings with the companies as they complete the RFI. Task 4: Evaluating RFI responses R3 will analyze the responses to the RFI to determine if the companies have both the financial ability and operational ability to assume the City's solid waste collection operations, and what the estimated financial and operational impact would be on the City. As part of this analysis, R3 will prepare a comparative analysis of outsourcing based on the RFI responses to show the estimated impacts in the following areas: . City staffing (IWM, customer service/billing, maintenance, management, etc.); R-3 . 5-year projected impact on the City's budget (upfront cash Page 4 payment, franchise fee payments, IWM vehicle lease costs, staffing reductions, impact on the City's cost for self- insurance, Waterman Landfill costs, etc.); . Impact on services provided to residential and commercial customers, and services provided for City buildings, facilities, public events, community clean-ups, illegal dumping, etc.; . What services or equipment should be retained by the City (i.e., collection or sweeping vehicles that could be used by other City departments); and . Projected impact on customer rates. Task 5: Presenting a summary of the RFI responses to the City to determine a) if the City wants to proceed to negotiations, and b) which potential services providers with which to negotiate further After the RFI responses are evaluated, R3 will prepare a summary of responses as well a recommendation to proceed to negotiations or discontinue the process. The summary will include items such as the range of potential up-front cash payments to the City, impact on the City's employees, transition issues and timing, and an outline of terms and conditions to be included in any franchise agreement and asset/service transfer agreement. As part of this task, R3 will also prepare a recommendation on whether to proceed with negotiations, and if so which companies with which to negotiate. Task 6: Conduct negotiations with the recommended service provider(s) and develop a franchise agreement and asset/service transfer agreement Based on Task 5, and at the direction of the City, R3 will invite the recommended companies to negotiate the terms and conditions of a franchise agreement and asset/service transfer agreement. This will be done by first preparing a Letter of Invitation the recommended companies, including a requirement for payment of a fee to the City to participate in the negotiations. Next R3 will preparing a draft franchise agreement and asset/service transfer agreement to present to the companies that responded favorably to the Letter of Invitation. The franchise agreement will include the terms and conditions under which the selected company will provide solid waste collection services to the City. R3 anticipates that negotiations will occur with two or more companies unit the most advantageous agreements can be made. After negotiations are completed, R3 will paper a summary report on the results of the negotiations and the terms and conditions of the 1Z3 Page 5 franchise agreement and asset/service transfer agreement to present to the City. The franchise agreement typically includes the following: . Definitions; . Representations and warranties; . Franchise term and extensions; . Scope of services (residential, commercial, rOIl-off, street sweeping): o Minimum waste diversion requirements and AB 939 indemnification. o Collection vehicle emissions standards and requirements; o Collection vehicle weight, size and noise limitations; o Specifications for container size, color, and labeling; o Public education program requirements (e.g., transition period, quarterly newsletter, annual campaigns, classroom presentations, commercial waste audits per year, etc.); o Collection and recycling services to be provided to City's parks, offices, and facilities, events, police and fire stations, green waste drop-off bins/compactors, and public schools located within the City; o Collection service hours; o Collection service quality standards; o Collection driver uniforms and identification badges; o Customer Service standards; o Billing procedures; o Time requirements for responses to customer calls regarding service complaints (i.e., missed collections, material spillage, hydraulic leaks, etc.; o Time requirements for container replacement or exchanges; o Vehicle maintenance and replacement requirements; and o Collection frequency and method. . Annual cost adjustment process and formula; . Franchise fees, Vehicle Road Impact Fees, and AS 939 fees; . Financial record-keeping and reporting requirements; rz3 Page 6 . Indemnity, insurance, and per romance bond requirements; . Performance standards; . Breach, default, and remedies; and . Transition of equipment, employees, and customer lists. The asset/service transfer agreement will specify what assets are to be transferred to the company, the value of the assists, and debt recovery by the City, and company payment amounts to the City and payment schedule2. Task 7; Present results of the negotiations to the City and finalize the franchise agreement and asset/service transfer agreement. Based on the results of Task 6, R3 will present the results to the City Council. This may require more than one City Council meeting, special workshop, community meetings, or other meetings to discuss asset transfer and employee issues. Based on direction from the Mayor and Council, R3 will finalize the franchise agreement and asset/service transfer agreement. SCHEDULE R3 understands both the sensitivity and timeliness of outsourcing the City's solid waste collection operations. Companies that have been involved in acquisitions typically prefer shorter timeframes negotiate and finalize a "deal", and to minimize service and employee disruptions - typically 45 - 90 days. Accordingly, with the goal of an October 15, 2009 changeover, we propose to complete Tasks 1 - 4 within 60 days of authorization to proceed. Task 5 would be scheduled durin9 late May/June 2009, or as per the City's needs. Assuming an May 4, 2009 authorization to proceed, we would begin Task 6 on or before July 15, 2009, and target to complete Task 7 by approximately August 15, 2009. This would leave 60 days for the new company to begin its transition prior to October 15, 2009 start date. 2 R3 su9gests that outside legal counsel be used to assist in preparing/reviewing the asset/service transfer agreement, and we have several firms we would be pleased to work with. This will be at the City's discretion. R3 Page 7 UDGET understands the City wishes to minimize its financial exposure d cash outlay for this project. Please note that the RFI will be uctured to require interested companies to fully reimburse the City all costs associated with this scope of services through various yments aligned with the work tasks, and the City may discontinue s project at any time. r Tasks 1 - 5, R3 proposes to invoice the City on a not-to-exceed p sum basis as follows: Table 1 Cost Estimate Tasks 1 - 5 Task R3 Prepayment Hours R3 Cost by Proposers sk 1: Preparing an Request for 64 $9,500 Interest ("RFI") sk 2: Interviewing potential 88 $15,500 service providers $80,000 (est.) sk 3: Issuing a RFI 40 $4,800 payment from sk 4: Evaluating RFI Responses 190 $31,500 companies by May 30, 2009 sk 5: Presenting a summary of 68 $11,200 the RF I responses to the City Total Not-to-Exceed Tasks 1 - 5 450 $72.500.00 r Tasks 7 and 8, because of the nature of negotiations. R3 oposes to invoice the City on an hourly basis, with the following timate of hours and costs for these two Tasks. Table 3 is the ting of our hourly rates to be used in invoicing Tasks 7 and 8. Table 2 Cost Estimate Tasks 6 and 7 Task R3 R3 Est. Prepayment Hours Cost by Proposers sk 6: Conduct negotiations with 470 $83,750 $200,000 the recommended service (est.) provider(s) and develop a payment from franchise agreement and companies by asset/service transfer July 2009 agreement B R3 an str for pa thi Fo lum Ta Ta Ta Ta Ta Fo pr es lis Ta (<3 Page 8 Pa Table 2 Cost Estimate Tasks 6 and 7 Task R3 R3 Est. Prepayment Hours Cost by Proposers sk 7: Present results of the 88 $16,500 $200,000 negotiations to the City (est.) payment from companies by Sept. 2009 Estimated Total Tasks 6 and 7 558 $100,250.00 $200,000 Table 3 Hourly Billing Rates and Reimbursables incipal $175 per hour oject Manager $175 per hour actice Director $170 per hour nior Manager $155 per hour anager $150 per hour nior Associate $140 per hour sociate II $120 per hour sociate I $100 per hour ministrative Support $70 per hour eimbursable Costs nsultants/Subcontractors cost dging and meals cost avel - Private or company $0.55 per mile r avel - Other cost livery and other expenses cost yments less otherwise agreed in writing, fees will be billed monthly at the first of ch month for the preceding month and will be payable within 30 days of e date of the invoice. ~3 Ta Pr Pr Pr Se M Se As As Ad R Co Lo Tr ca Tr De Un ea th Page 9 CITY OF SAN BERNARDINO CITY MANAGER'S OFFICE INTEROFFICE MEMORANDUM TO: Mayor and Common Council FROM: Lori Sasso on, Acting City Manager (! ~ SUBJECT: Additional Materials for Item #28 - Agreement with R3 Consulting Group for services related to the potential outsourcing of solid waste collection services DATE: April 30, 2009 COPIES: Charles McNeely At the April 29 agenda briefing, Councilmember McCammack requested information regarding prior studies of the refuse operation that have taken place in recent years. Attached are the following documents pursuant to that request: . June 21, 2004 agenda item authorizing an agreement with R3 Consulting for assistance concerning expansion of commercial refuse services provided by franchised haulers. . August 5, 2005 agenda item amending the agreement with R3. In the staff report of this item, it is noted that the commercial roll-off operation was generating more revenue that was originally estimated in the initial analysis. As a result, staff noted that "it does not appear that franchising the City's roll-off operation would be beneficial to the City at this time". . Copy of the May 2008 Business Plan for the Integrated Waste Management Division. Completion of this business plan was recommended in the 2007 Organizational Review completed by Management Partners. You will note that the business plan does not recommend outsourcing the refuse operation, for a number of reasons that are detailed in that report. Since the completion of the business plan last year, the City's financial position has changed significantly, and I believe it is prudent to take another look at the complete privatization of the solid waste operation. I look forward to discussing this matter further with you on Monday. 15 /4-/,q 4t:z'il of()()I/, JQ(,p CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: June 11, 2004 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute Services Agreement with R3 Consulting Group, Inc., for assistance concerning expansion of commercial refuse services provided by franchised refuse haulers From: Fred Wilson, City Administrator Dept: City Administrator's Office MICC Meeting Date: Synopsis of Previous Council Action: Recommended Motion: 1. Adopt resolution; 2. Authorize the Director of Finance to amend the FY 2004-05 Budget to include anticipated revenues and expenses as indicated in this staff report. 11;; rt /(tL~~! ( tJ I~) Signature : Contact person: I=rprl WiI<:nn Phone: 5122 Supporting data attached:Staff report resolution Ward: all FUNDING REQUIREMENTS: Amount: 1\10 net cost to the Refuse Fund; see staff report Source: (Accl. No.) (A,...rt n4:loc:rriptinn) Finance: Council Notes: Agenda Item No. ...S I ~/2/ !()~ STAFF REPORT Subiect: Resolution authorizing the Mayor to execute a Services Agreement with R3 Consulting Group, Inc., for assistance concerning expansion of commercial refuse services provided by franchised refuse haulers Background: As part of the FY 04-05 budget process, various options have been evaluated for increasing revenues to the General Fund. One area under consideration has been the City's possible expansion of franchised commercial refuse services. In the Spring of 2004, R3 Consulting Group was retained to provide an analysis concerning options to enhance revenues in this regard. One option identified was to assign all new commercial refuse customers to a franchisee. The franchisee would then be required to pay the City a fee that would equal an estimated two (2) times the gross annual revenue from these new commercial customer accounts. R3 estimated that this option could provide the City with additional revenue of over $1 million annually, with no impact on current employees or operations. This revenue would provide a direct benefit to the General Fund. As an alternative, R3 was asked to evaluate whether or not a similar financial benefit could be realized through an expansion of the City's in-house commercial refuse operation. That evaluation is attached (Attachment I). In summary, though that option is available, it contains risk and will not provide the same level of financial benefit to the General Fund. Staff is recommending that the Mayor and Council consider assigning all new commercial customers to a franchisee. The franchisee would be selected through a competitive proposal process. At staffs request, R3 submitted a proposal to provide assistance to the City through this process. Consultant services will include drafting the RFP and franchise agreement, conducting pre-proposal conferences and proposer interviews, evaluating the proposals, negotiating franchise terms, and presenting all results and recommendations to the Mayor and Common Council. Upon approval of this item, the RFP process will be initiated. It is anticipated that the process will take 60-90 days before a recommendation can be made to the Mayor and Council concerning award of a franchise. Financial Impact: The estimated cost for R3's services for Tasks I - 5 of the Scope of Services is an amount not to exceed $48,070. Task 7 (Transition Planning and Implementation) may be added if the franchise is pursued, at a cost not to exceed $10,000. The total cost forRJ's services will be funded through a $20,000 proposal fee charged to each proposer. Any balance of consultant costs would be reimbursed by the successful bidder as part of the agreement terms, so that this process has no net cost to the City. The Refuse Division budget will be amended to include anticipated proposer fee revenue of $60,000 into account number 527-000-4901, and expenses of $58,070 into account number 527-XXX-5502. Recommendation: 1. Adopt resolution; 2. Authorize the Director of Finance to amend the FY 2004-05 Budget to include anticipated revenues and expenses as indicated in this staff report. \. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-206 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A SERVICES AGREEMENT WITH R3 CONSULTING GROUP, INC., FOR ASSISTANCE CONCERNING EXPANSION OF COMMERCIAL REFUSE SERVICES PROVIDED BY FRANCHISED REFUSE HAULERS BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Services Agreement with R3 Consulting, Inc., a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 3. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed and returned to the Office of the City Clerk within 60 days following the effective date of this resolution. III I" f/ III 2004-206 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A SERVICES AGREEMENT WITH R3 CONSULTING GROUP, INC., FOR ASSISTANCE CONCERNING EXPANSION OF COMMERCIAL REFUSE SERVICES PROVIDED BY FRANCHISED REFUSE HAULERS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j t. reg. meeting thereof, held , 2004, by the following vote, to wit: on the 21st day of June Council Members: AYES ESTRADA X LONGVILLE X MCGINNIS X DERRY X KELLEY X JOHNSON X MCCAMMACK X NAYS ABSTAIN ABSENT ,A,'"(i . ;' I. i', '1'\ i: },_._. I _..r. tP... , Rachel G.. Clark, City Clerk _ . I. _ i -. :. -I " 'I' It' ~,: i I: ';. 1 1'- ~:' . ,t' ; "' 'I ,'~' 11it ---:~,~., ".'~,~.II ~ I ..}l-t'~['-<"i The foregoing resolution is hereby approved this 2')r' day of I June.) 2004. u th Valles, Mayor C' y of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney Bi~" 7 Ie........ 2004-206 EXHIBIT "A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICES AGREEMENT This Services Agreement ("Agreement") is entered into this 21st day of June 2004, by and betwecn R3 Consulting Group, Inc" ("CONSULTANT") and the City of San Bernardino ("CITY" or "San Bernardino"), WITNESSETH: WHEREAS, thc City has determined that it is advantageous and in the best intercst of the City of San Bernardino to engagc a professional consultant to provide procurement assistance concerning expansion of commercial refuse services provided by franchised refuse haulers; and WHEREAS, the CITY desires to retain the services of the CONSULTANT for the purpose of providing such services; and WHEREAS, CONSULTANT possesses the professional skills and ability to provide assistance to the CITY concerning solid waste collection-related issues; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated herein, San Bernardino hereby engages the services of CONSUL T ANT to perform Tasks One (I) through Five (5), and Task Seven (7), as indicated in the attachcd Scope of Services (Attachment "A"), 2, COMPENSA nON AND EXPENSES. For Tasks One (l) through Five (5), CITY shall pay the CONSULTANT a fee not to exceed $48,070, If the Mayor and Council award a franchise to a refuse hauler for an expansion of commercial refuse services, CITY shall also pay the CONSULTANT a fee not to exceed $10,000 for Task Seven (7), 2004-206 EXHIBIT "A' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CONSUL TANT shall invoice CITY monthly using the billing rates cost reimbursement terms found on Pages 13 and 14 of Attachment "A". No other expenditures made by CONTRACTOR shall be reimbursed by CITY without the prior written approval of the City Administrator. 3. TERM; SEVERABILITY. The term of this Agreement shall be for a period of six (6) months, commencing on July 1, 2004, and terminating on December 31, 2004, unless previously modified, amended, or cancelled by the written mutual consent of the parties. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended in writing. The duration of this Agreement may only be extended with the written consent of both parties. 4. INDEMNITY. CONSULTANT shall indemnify. defend (if requested by CITY) and hold harmless the CITY, its departments, boards, commissions, elected officials, officers, attorneys, employees and agents trom all liabilities, charges, and expenses (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising or growing out of or related to CITY'S performance of this Agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful misconduct or negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 2 2004-206 EXHIBIT "A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. INSURANCE. While not restricting or limiting the forgoing, during the term of this Agreement, CONSUL TANT shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $ \,000,000.00 combined single limit, and statutory worker's compensation coverage as required by law, and shall file copies of said policies with the CITY'S Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificates of Insurance furnished to the CITY shall require the insurer to notify CITY in writing at least ten (10) days in advance of any change or termination in the policy. 6. NON-DISCRlMINA TION. In the performance of this Agreement and in the hiring and recruitment of employees, CONSUL T ANT shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap. ethnic background or country of origin. 7, NO EMPLOYMENT. CONSUL T ANT shall perform work tasks provided by this Agreement but for all intents and purposes CONSULTANT and its agents or employees shall be an independent contractor and not an agent or employee of the CITY. 8. ASSIGNMENT OR SUBCONTRACTING. CONSUL T ANT shall not assign this Agreement, or any portion thereof without the written consent of CITY. Any attempt by CONSULTANT to assign or subcontract any performance of this Agreement without the written consent of the CITY shall be null and void and shall constitute a breach of this Agreement. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 TO THE CITY: 2004-206 EXHIBIT" , 1 9. 2 3 LEGAL ACTIONS. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purposes of this Agreement. Such legal actions must be instituted in the Superior Court of the County of San Bernardino, San Bernardino District, State of California. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 10. ENTIRE AGREEMENT. This Agreement and any documents or instruments attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and supercede all negotiations and prior writings in respect to the subject matter hereof. In the event of conflict between the terms, conditions or provisions of this Agreement, an any such document or instrument, the terms and conditions of this Agreement shall prevail. 11. NOTICES. Any notice to be given pursuant to this Agreement shall be deposited with the United Postal Service, postage prepaid and addressed as follows: 21 22 23 TO THE CONSULT ANT: 24 25 26 27 28 City Administrator's Office 300 North "D" Street San Bernardino, CA 92418 Facsimile (909) 384-5138 Richard Tagore-Erwin, Principal R3 Consulting Group, Inc. 48 I I Chippendale Drive, Suite 902 Sacramento, CA 95841 4 2004-206 EXHIBIT "A' SERVICES AGREEMENT 1 2 3 4 5 6 7 8 9 10 11 12 APPROVED AS TO FORM AND LEGAL CONTENT: IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date first above written. Date: June ,2004 R3 Consulting Group, Inc. By: Richard Tagore-Erwin, Principal Date: June ,2004 City of San Bernardino By: Judith Valles, Mayor 13 14 15 16 By: III 17 III 18 III 19 20 III 21 22 23 24 25 26 27 28 5 2004-206 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 /1 SERVICES AGREEMENT IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date first above written, Date: June ,2004 R3 Consulting Group, Inc, By: Richard Tagore-Erwin, Principal Date: June 2_~ .2004 APPROVED AS TO FORM AND LEGAL CONTENT: 17 18 19 /11 20 21 22 23 24 25 26 27 28 /11 III 5 2004-206 I ntrod uction The City of San Bernardino ("City") is interested in changing the method of providing solid waste and recycling services to the City's commercial solid waste customers. The City recently completed an analysis of available options for providing commercial solid waste collection services. The options range from continuing with the current method of City operated commercial collection services with private franchisees competing for temporary debris box collection, to transitioning the City from the primary commercial collection provider to franchised haulers providing some or all commercial collection services'. A specific option the City has expressed interest in pursuing is providing a method for franchised haulers to provide commercial collection services to new commercial customers. Based on this initial analysis, the City is interested in undertaking a competitive Request for Proposals ("RFP") process for possible transition of new commercial solid waste collection services to franchised haulers, while retaining the City's current commercial collection operations and customer base. The City understands that even though it may undertake a competitive RFP process, at any time prior to selection and execution of a franchise agreement, the City has the option of discontinuing further action and continuing with the current City- provided commercial collection operations. Project Approach Our proposed scope of services is for full service procurement assistance. R3 will act as an extension of City staff and will assist in all aspects of this procurement. This will include the following: . Working with City Staff and the City Council to develop a sound short- and long-term strategy and financial plan for providing commercial collection services; \ 1 This analysis was completed by R3. Exhibit A , ,/ (f\'\ oJ>~ Scope of Services Solid Waste Procurement Services The City has an opportunity to generate additional General Fund revenue by changing the method in which commercial solid waste collection services are provided. . Undertaking a Request for Proposal ("RFP7 process will allow the City to receive competitive pricing and payment options, while retaining the right to keep its current commercial operations. . Undertaking a RFP process will also allow the City to require proposers to pay for and/or reimburse the City for the cost of the RFP process. 1<3 Page 1 Scope of Services R3 Page 2 2004-206 Preparing a financial analysis of the possible impacts of changes in commercial collection services on the City's General Fund and the Refuse Enterprise Fund; Drafting program requirements, the RFP, and the franchise agreement, including pricing options for different transition approaches; Developing a mailing list and issuing the RFP; Conducting a pre-proposal conference; Responding to questions regarding the RFP and preparing addenda; Conducting contractor interviews; Assisting in the evaluation of responses from contractors; Presenting the estimated financial impact on the City based on RFP submittals; Presenting the evaluation results to the City Council; Conducting clarification or negotiation sessions if necessary; and Finalizing the franchise agreement. The goals that will guide the procurement process include the following: . . Providing the highest level of service to the City's commercial customers; and Ensuring that the City is adequately compensated by the franchisee through transition fees, franchise or user fees. The following work tasks outline R3's approach to assisting the City in conducting a RFP process for commercial solid waste collection services. Work Tasks Task 1: Procurement Strategy Task 1.1: Facilitate Kick-Off Meeting R3 will facilitate a project kick-off telephone conference call with City Staff to confirm project objectives, review and confirm the proposed timeline for accomplishing the tasks, discuss our project 2004-206 approach, identify areas of concern, discuss plans for involvement of the City Council, and review the City Staff's preliminary thoughts on policy and service issues to be considered for the procurement. In preparation for the meeting, we will review all pertinent materials provided by the City. Task 1.2: Develop Procurement Strategy R3 anticipates that the procurement strategy will be developed through a series of telephone conference calls with City Staff over a 2-3 week period. Significant emphasis of the procurement strategy will be on estimating the potential impact on the City's General Fund and the Refuse Enterprise Fund. In order to accomplish this, R3 will prepare a financial model to be used during the conference calls. R3 anticipates that one on-site work session will be scheduled with City staff to finalize the procurement strategy. The procurement strategy will focus on having the City franchise for new commercial accounts as discussed in the prior Analysis of Options draft report dated May 2004, and will address short- and long-term program and financial needs for the City. This will include procurement options available to the City, including: . Exclusive or non-exclusive franchise operations; . Defining the specific commercial accounts available for possible franchised collections (all new accounts, accounts by geographic zones, accounts where ownership or service changes occur. etc.); . Phasing of franchised services and length of franchisee agreement term; . Mitigating any negative impact on current City staff, equipment and operations; . Protecting the City in the event of a revenue shortfall. franchisee performance problems. or underpayment of franchise or transition fees; . Developing the type and amounts of franchise payments made to the City, (one-time transition, percentage of annual revenue, franchise fee, etc.); and . Requiring the franchisees to pay for the City's cost of the RFP process through Proposal submittal fees and/or reimbursement by the awarded franchisee(s). To the extent possible, the strategy will be prepared with pros and cons of each item and linkages between them. Scope of Services Q3 Page 3 Scope of Services Q3 Page 4 2004-206 Oeliverables for Task 1 As part of this Task, R3 will be responsible for the following: Facilitate one telephone conference kick-off meeting; Conduct telephone conference calls and one on-site meeting with City staff to develop a procurement strategy; Prepare financial model for estimating the impact on the City's General Fund and Refuse Enterprise Fund; and Prepare a letter report outlining the procurement strategy. Task 2: RFP Documents Task 2.1: City Staff Conference Call R3 will conduct a conference call to discuss ho the procurement strategy form Task 1 will impact the proposed RFP documents. During this conference call, R3 will also discuss the outline for the RFP documents. Task 2.2: Develop Potential Proposer List R3 will develop a list of potential proposers and provide it to the City in electronic format. This will allow the City to notify these companies of the dates of the expected release date of the RFP documents. Task 2.3: Prepare Draft Request for Proposals (RFP) R3 will prepare a draft RFP package based on the results of Task 1 and our experience working with the solid waste management community. The RFP will specify minimum requirements and qualifications, and will require proposers to submit work plans that specify how they will transition to new services, achieve diversion requirements, implement customer service and billing programs. and promote public education activities. In addition, separate sections of the RFP will include instructions specifying the rules of the proposal process for the proposers and the City, the format and submittal of responses, the method for evaluating responses, and transition and other payments to be made to the City. We suggest including computer disks that 2004-206 contain forms for the contractors as part of the submittal package. As an option, the City may wish to post the RFP on its web site in PDF format. In our experience, the Franchise Agreement should be developed and issued as part of the RFP package. This significantly reduces the time and cost of negotiations, and contractually links the requested services to proposed costs as part of the evaluation process. We have followed this proven approach in our scope of services and strongly recommend that the City elect to use it given the project timeline. R3 will prepare the draft franchise agreement to be included in the RFP package. Proposers will be required to specify any exceptions and provide language for any changes they propose to the agreement. The franchise agreement will include the following sections: Definitions; Representations and proposer warranties; Franchise term and extensions; Annual program monitoring fee requirements; Account transition payments and franchise fee requirements; Account audit and payment audit provisions; Scope of services; Compensation; General requirements; Financial record-keeping and reporting requirements; Indemnity, insurance, and performance bond coverage requirements; Performance standards such as: o Time requirements for responses to customer calls regarding service complaints (e.g., missed collections, material spillage, hydraulic leaks, etc); o Time requirements for responses to customer calls regarding billing complaints, new accounts, etc.; o Time requirements for cart or bin exchanges; o Vehicle noise requirements; Scope of Services R? Page 5 2004-206 Scope of Services o Vehicle maintenance requirements; Breach, default, and remedies; and AS 939 diversion requirements and indemnification. Task 2.4: Finalize & Issue RFP As needed, R3 will finalize the RFP and provide the City with one original, un-punched, and twenty (20) copies of the RFP documents. In addition, R3 will provide the City with a draft notice of the availability of the RFP. Oeliverables for Task 2 As part of this Task, R3 will be responsible for the following: Develop a potential proposer list; . Preparing an RFP package for distribution to prospective proposers that includes the draft Franchise Agreement, process rules, evaluation and selection criteria, project schedule, and all required forms; Providing process rules to guide the negotiation process (e.g., how the proposers may communicate with City staff, the consultant, and the City Council, the format for negotiation sessions; and options available to the City if negotiations are not completed successfully); . Finalize the RFP as needed; Prepare one original and twenty copies of the final RFP; and Prepare a notice of when the RFP is available, and how interested parties can obtain copies. Task 3: Pre-Proposal Meeting Task 3.1: Facilitate Pre-proposal Meeting R3 will facilitate a mandatory pre-proposal meeting with prospective proposers. The pre-proposal meeting will provide the opportunity for the City to review the RFP with prospective proposers and answer questions, as appropriate. R3 Page 6 2004-206 Task 3.2: Responses & Addenda R3 will prepare written responses to questions raised before and during the pre-proposal meeting for submittal to all parties whom attended the meeting. In addition, R3 will prepare addenda to the RFP, as required. Oeliverables for Task 3 As part of this Task. R3 will be responsible for the following: Conduct the pre-proposal meeting; Prepare written responses to questions raised before and during the pre-proposal meeting; and Prepare addenda to the RFP, as required. Task 4: RFP Evaluation Task 4.1: Evaluate Responses to the RFP R3 (and the evaluation committee) will evaluate the proposals submitted by the proposers. To ensure that commercial customers continue to be provided with a high level of service throughout the franchise term. the evaluation will include, but not be limited to, evaluating the proposers proposed disposal site, collection methods, customer service programs. work plans, insurance requirements, financial statements, transition experience and plans, references, and transition and franchisees payments to be made to the City as proposed by the proposers. After the initial evaluation is completed, R3 will also prepare any written request for clarification to the proposers, as necessary. In the event a proposer's proposal does not meet the minimum requirements of the RFP, that proposer will be notified in writing that their proposal has been disqualified. Task 4.2: Proposer Interview Once the initial review of the proposers' submittals has been completed, interviews will be scheduled and conducted with those proposers meeting the minimum requirements of the RFP. Scope of Services R3 Page 7 2004-206 Scope of Services Task 4.3: Prepare Proposer Recommendations Based on the proposer evaluation results. R3 will prepare a letter report for the City. The report will highlight the transition schedule, financial impact on the City, work plans, and payments to the City as proposed by the proposers. To the extent possible, this information will be provided as comparative summaries, followed by a recommendation of the top ranked proposers. Deliverables for Task 4 As part of this task, R3 will be responsible for the following: Assist in the evaluation of the proposals, including analysis of the technical feasibility, financial strength, ability to provide services, and ability to meet diversion and performance guarantees; Prepare any requests for additional information or clarification of the proposals; . Schedule and conduct interviews with the proposers; Prepare an evaluation matrix to easily compare the proposed collection program and payments to be made to the City; . Prepare a letter report detailing evaluation results; and Provide proposer ranking recommendations. Task 5: Negotiations and Recommendations Task 5.1: Evaluation Committee Meeting R3 will meet with City Staff to prepare for the final negotiation meetings with the top ranked proposer(s). Task 5.2: Conduct Negotiation Proposers Final Clarification and Sessions with Short-Listed 1Z3 To the extent necessary, R3 will conduct final negotiations with the top ranked proposer(s). Negotiations will focus on clarifying the proposers' service and payment proposals, and finalizing contractual language. Page 8 2004-206 Task 5.3: Prepare Final Recommendations Upon the conclusion of proposer meetings, R3 will prepare a letter report detailing the results of the discussions. The letter report will also include a recommendation of the selected proposer that the City Council should consider for contract award. The recommendation will include a summary of the proposed programs. payments, and implementation schedule. Task 5.4: Finalize Franchise Agreement Based on the results of the proposer clarification meetings. R3 will finalize the Franchise Agreement, as necessary. Task 5.5: City Council Presentation R3 will attend a City Council meeting to present the final proposer recommendation. Deliverables for Task 5 As part of this task, R3 will be responsible for the following: Prepare a listing of franchise agreement issues to be clarified with proposers based on proposer responses and City needs; Conduct two clarification and negotiation sessions with the proposers; Prepare a letter report detailing the final results of the proposer meetings; Finalize the franchise agreement based on the results of the proposer meetings; and One City Council presentation. Task 6: Solid Waste Ordinances (OPTIONAL) Task 6.1: City Staff Meeting R3 will meet with City Staff to discuss the extent to which the current solid waste ordinances will need to be revised or new ordinances be prepared. Scope of Services Q.3 Page 9 2004-206 Scope of Services Task 6.2: Prepare or Revise Solid Waste Ordinances R3 will work with City Staff to incorporate any changes and provide final draft ordinances to the City Attorney. Task 6.3: City Council Meeting R3 will attend a City Council meeting to discuss the proposed ordinance language. Deliverables for Task 6 As part of this task, R3 will be responsible for the following: . Assist in preparing draft ordinances; . Meet with the City; and . Attend one City Council meeting (public hearing on the solid waste ordinance). Task 7: Transition Planning and Implementation (OPTIONAL) R3 Staff will assist the City in implementing the transition plan of the selected proposer. This will include assisting the City in establishing internal management controls to ensure that all payments are made by the selected proposer. Task 7.1: Transition Period Checklist In order to ensure a smooth implementation process. R3 will work with the proposer to develop and maintain a checklist to organize and track implementation tasks during the transition period. R3 proposes that the checklist be initially developed in conjunction with the selected proposer, and reviewed and updated regularly during the transition process. The following are examples of transition checklist tasks: Q3 . Order Equipment . Develop container delivery schedule (by collection route) . Develop new route maps . Develop equipment inventory Page 10 2004-206 . Develop and mail public education materials . Coordinate "Kick-off' media event for collection programs . Advertise community meetings . Develop press releases . Implement Customer Service functions Task 7.2: Develop Proposer Reporting Checklist The franchisee will be required to submit numerous reports to the City during the contract term. R3 will develop a checklist for easy reference by both the City and the proposer to identify recurring contractual requirements and the corresponding due dates. The checklist will be used as a tool at the meetings between the City, the franchisee and R3 to address concerns or confusion regarding these requirements. The following are examples of reporting checklist tasks: . Annual diversion report . Franchisee payments to City (transition and franchise fee) . Financial information report . Accounting records . Contract materials records . CIWMB (format) annual reports . Public education and outreach plan . Annual collection service notice . Performance bond and insurance certificates Task 7.3: Development of Franchise Fee Payment System The franchisee will be required to submit account transition and franchise fee payments to the City throughout the contract term. R3 will coordinate with the City and the franchisee to develop a payment form for use by the franchisee. The form will provide the detail needed by the City to document the basis for the payments. Scope of Services Q~ Page 11 Scope of Services R3 Page 12 2004-206 Task 7.4: Review of Hauler Accounting System For purposes of calculating payments and reviewing financial records, it is important that the franchisee's accounting system be designed to segregate the accounts, revenues and expenses related to the City franchise agreement from those accounts, revenues and expenses related to services provided to other municipalities. As part of the development of the payment system, R3 will review the accounting system developed by the franchisee to verify that it is designed to segregate the revenues and expenses related to the services provided under the terms of the franchise agreement with the City. Schedule R3 has developed this Scope of Services to enable the City to authorize a new franchise agreement as quickly as 3 - 5 months upon notice to proceed. This schedule will require timely review by City Staff and action by the City Council. This also assumes that developing the Procurement Strategy (Task 1) will be completed in one month. Our project staff has extensive experience in procuring solid waste collection services and is committed to completing the project on- time. In addition, we have the staff resources necessary to accommodate unforeseen changes in project scope or in the schedule. As part of the Project Kick-off Meeting (Task 1.1), R3 will prepare a detailed schedule as a Gantt chart, showing all work tasks, deliverables and submittal dates, review periods, meetings, and presentations. This schedule will be updated and provided to the City as changes occur. Budget R3 suggests that the City require the proposer(s) pay for the cost of RFP process in the forms of 1) non-refundable submittal fees of approximately $10,000 - $20,000 per proposal, and 2) the balance of the project cost being reimbursed t the City by the proposer(s) that is awarded the franchise agreement. Accordingly, while the City will not need to fund the project beyond the schedule for the RFP process, the City will incur short-term project costs and will be reimbursed for 100% of the project cost. 2004-206 R3 estimates that approximately 344 hours will be needed to complete Tasks 1 - 5 for a not to exceed price of $48,070. We suggest that billing be done monthly, based on actual hours billed during the billing period. In this manner, if the City Council decides to discontinue the project, the project costs would be limited to actual hours worked. It may be necessary to modify the work efforts in each Task, but this will not affect the total not to exceed price. In the event the City requests additional services, such as attending additional City Council meetings or conducting community meetings, we will provide the City with a budget amendment prior to performing the additional services. Tasks 6 and 7 should be considered as "Optional", and for these Tasks, R3 will work with the City of finalize the details. Once the task development is finalized, we will provide the City with a budget amendment should the City need any assistance with these tasks. Cost Estimate Task Hours Cose Task 1: Procurement Strategy 68 $9,763 Task 2: RFP Documents 96 $12,617 Task 3: Pre-Proposal Meeting 36 $5,047 Task 4: RFP Evaluation 92 $13,114 Task 5: Negotiation and Recommendations 52 $7,529 TOTALS 344 $48,070 Billing Rates and Charges Technical Services Project Manager $150.00/hour Senior Analyst $135.00/hour Analyst $90.00/hour Associate $75.00 hour 2 Includes labor and project expenses. Scope of Services Q3 Page 13 2004-206 Scope of Services Administrative Support $50.00/hour Reimbursable Costs Consu Ita nts/Su bcontractors Lodging and meals Travel - Private or company car Delivery and other expenses cost cost $0.375 per mile cost Payments Unless otherwise agreed in writing, fees will be billed monthly at the first of each month for the preceding month and will be payable within 30 days of the date of the invoice. 1<3 Page 14 CITY OF SAN BERNARDINO CITY ADMINISTRATOR'S OFFICE INTEROFFICE MEMORANDUM SUBJECT: Mayor and )j~mon Council Fred Wilso'~ty Administrator Analysis of options to enhance revenue from Refuse Services TO: FROM: DATE: June 16,2004 COPIES: Lynn Merrill, Director of Public Services In order to address the City's General Fund budget shortfall, R3 Consulting was retained to analyze options to increase revenue to the City generated from solid waste operations. Options evaluated include an expansion of City services; an expansion of franchised hailer services; and restructuring how the City owns and manages its solid waste utility. The analysis was prepared to provide the City with a document to discuss the viability of the options. After reviewing several options, R3 is recommending the City consider assigning all new commercial growth to a franchisee. Under this scenario, the franchisee will be required to pay the City a fee equal to approximately 2 times gross annual revenue received from all new commercial accounts. In addition, the 15% franchisee fee would apply to all current and all new Franchisee revenue. The City would have to agree not to accept any new accounts. This option could result in the City receiving a net revenue increase of $46.7 million to the General Fund over the next 20 years. The actual' amounts of payments received would be determined through a competitive bid and subsequent negotiation process. As an alternative, the attached summary report from R3 discusses the revenue-enhancing options related to expanding the City's commercial refuse services. The underlying issue with that option is that even if successful, growth in commercial business would not greatly benefit the General Fund due to limitations in state law. For that reason, staff is not recommending expansion of commercial refuse services at this time. The next step in this process will be to retain R3 Consulting to prepare an RFP and provide assistance through the franchisee selection and negotiating process. It is anticipated that such an action may be prepared for consideration by the Mayor and Council on June 21. -Sl 6/~./ /0 i Resources Respect Responsibility R3 Consulting Group, Inc 4811 Chippendale Drive, Suite 902 Sacramento, CA 95641 Tel. 916-576-0309 Fax: 916-331-9600 12-3 Consulting Group, Inc, www.r3cgi.com June 8, 2004 Mr. Fred Wilson City Administrator City of San Bemardino 300 North D Street, 6"' Floor San Bemardino, CA 92418 Subject: Option to Expand City Commercial Solid Waste Collection Services Dear Mr. Wilson: Per your request and as a follow-up to our report dated May 10, 2004, we have prepared a brief summary of the City's options to expand its commercial solid waste collection services. We appreciate the opportunity to assist the City in determining the best options to pursue for commercial solid waste collection services. Please call me at (916) 576-0309, or e-mail at rterwin@r3cgi.com, if you have any questions or comments. Sincerely, R3 CONSULTING GROUP ~~~r..~- ~ Richard Tagore-Erwin Principal attachment Page 1 Expanded Commercial Services As an option to continuing with the current commercial collection system, the City could expand its operations to provide collection services to all existing permanent and temporary debris boxes, and a/l new commercial customers. This would require the City to take several actions: 1. The City would need to either terminate the existing franchise agreements with the franchised haulers, or wait until the franchise agreements terminate eight years after the City issues a notice of non-renewal in accordance with the terms of the franchise agreements. 2. The City would need to purchase additional collection vehicles and collection bins, provide additional maintenance facilities for vehicles and bins, hire additional collection staff, and hire additional customer service staff. Expanding the City's operations to all commercial collection operations would provide the City with additional gross revenue of approximately $2.1 million per year', which would increase with growth. Additional gross revenue generated from limiting expansion to new growth only would be approximately $420,000 per year, based on growth projections. Because of potential limitations related to Proposilion 218, under this option, while expanded commercial operations may result in additional net revenue to the Refuse Enterprise, the City's General Fund would receive approximately the same amount (approximately $315,000/year) it receives from the current franchise fees paid by franchised haulers. In addition, any increased revenue is predicated on growth in the commercial sector. If growth occurs at a faster pace than anticipated, the City may have difficulty in providing all the required services due to capital and personnel requirements. If, on the other hand, the City invests in capital and personnel, and growth is slower then expected, the City may be faced with underutilization of vehicles, bins, and personnel, while absorbing the full cost of the expansion. This may result in reducing available net revenue to the Refuse Enterprise and revenue transfers to the General Fund. Q.~ , Based on reported revenue from the current franchised collection operations. Page 2 Conclusion Successful expansion of the City's commercial services is contingent on future growth in the commercial sector and will require the City to make a long-term commitment of capital and personnel with no guarantee of a return on its investment. If the commercial sector realizes sustained growth, and if the City is able to provide the necessary capital and personnel to service the growth. then the Refuse Fund may receive additional net revenue. However. we understand that the General Fund will continue to be limited to approximately 15 percent of gross revenue. as is currently provided by the franchised haulers2. If the City allows the franchised haulers to provide services to new commercial accounts (Options 3 and 4 of the report dated May 10. 2004), the City will receive the 15 percentfranchise fees plus payments for new account transition which are estimated to range between $840.000 to over $1.1 million per year. Under the worst case scenario, this approach would provide at least as much revenue to the General Fund as expansion of City operations without the necessary investment in capital and personnel, and the risk of a revenue shortfall. Consequently, Options 3 or 4 pose significantly lower financial risk to the City with a potentially higher return. R3 2 Franchise fees will increase from the current 11 % to 15% as of May 2005 in accordance with the terms of the franchise agreements. Page 3 oi tJtJ..r - ~ Pi . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION . . From: Fred Wilson, City Administrator Subject: RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE SERVICES AGREEMENT WITH R3 CONSULTING GROUP, INC" FOR ASSISTANCE CONCERNING COMMERCIAL REFUSE SERVICES PROVIDED BY FRANCHISED REFUSE HAULERS Dept: City Administrator's Office Date: July 28, 2005 MICC Meeting Date: August 15, 2005 Synopsis of Previous Council Action: June 21, 2004 - Mayor and Council adopt Resolution 2004-206, approving an agreement with R3 Consulting for assistance concerning expansion of commercial refuse services provided by franchised refuse haulers Recommended Motion: Adopt resolution, and authorize the Director of Finance to amend the FY 2005-06 Budget as indicated in ~N'.en ~ Signature Contact person: Fred Wilson Phone: 5122 Supporting data attached: staff report resolution Ward: all FUNDING REQUIREMENTS: Amount: $30,000 in additional cost for this amendment Source: (Acct. No.) 527-411-5505 (Ace!. Description) Refuse Fund Finance: Council Notes: Agenda Item No. -3 r/'5Io~ . . . STAFF REPORT Subiect: Resolution authorizing the Mayor to execute an amendment to the Services Agreement with R3 Consulting Group. Inc., for assistance concerning commercial refuse services provided by franchised refuse haulers Backl!round: In 2004. various options were evaluated for increasing revenues to the General Fund. One area under consideration was the City's possible expansion of franchised commercial refuse services. In the Spring of 2004, R3 Consulting Group was retained to provide an analysis concerning options to enhance revenues in this regard. One option identified was to assign all new commercial refuse customers to a franchisee. As an alternative, R3 was asked to evaluate whether or not a similar financial benefit could be realized through an expansion of the City's in-house commercial refuse operation. In summary, though that option is available, it contains risk and would not provide the same level of financial benefit to the General Fund. In June of 2004, the Mayor and Council approved another agreement with R3 Consulting to assist the City through a competitive proposal process that would result in assigning all new commercial customers to a franchisee. At that time, it was anticipated that the process would take 60-90 days before a recommendation could be made to the Mayor and Council concerning award of a franchise. Activities to Date In the summer and fall of 2004. the consultant drafted an initial RFP and franchise agreement that would have assigned all new commercial refuse customers to a franchisee. However. as the concept evolved. it became apparent that this franchise would be difficult to administer. Definitions of "new" commercial refuse customers would be problematic to enforce, and franchise monitoring costs were anticipated to be high. Staff and the consultant began to consider other options that would still generate revenue for the General Fund while minimizing the impact on current refuse operations, but also be easier to administer for both the City and the potential franchisee. Under a new franchise concept. it was recommended that a Request for Proposals (RFP) be issued for the purposes of defining the financial benefits of franchising the City's roll- ofT operations. Roll-ofT operations are those bins delivered to businesses and/or residents for debris removal, construction projects, etc. The current roll-ofT operation involves six (6) refuse operators, making it a relatively small component of the City's commercial refuse operations. A minimum one-time payment of $5.6 million for this franchise and $500,000 for the associated equipment would be established, plus annual franchise fee and other revenues that were estimated at more than $600,000 annually. At the Mayor's direction, an RFP for this work was released on Tuesday, February 15, 2005. The Council was informed of the action via memo, and also given a copy of the . . . negotiate a $8.5 million tranSItion payment and a $500,000 equipment tranSItIOn payment. for a total up-front payment of$9 million from Burrtec Waste Industries, Inc. However. at the direction of the City Administrator, Finance and Public Services staff began additional in-depth analysis of the roll-off operation in late May, using new data available through Refuse's new billing system. Staff also hand-audited roll-off paperwork to verify the amount of revenue that is being generated from this program for the Refuse Fund, in order to be sure that the fund could continue to be self-sustaining if the roll-off operation were to be franchised. In the end, this analysis showed that the roll-off operation is generating more in revenue than was originally estimated in the analysis. Pan of this revenue offsets costs of the Refuse Division's environmental projects, including source reduction and recycling programs, as well as administrative costs. Over the long term, the Refuse Fund could not sustain that revenue loss without significant budget reductions that would impact other Refuse operations (such as environmental projects and administration), and/or considerable reductions to the transfer from the Refuse Fund to the General Fund. In shon, it does not appear that franchising the City's roll-off operation would be beneficial to the City at this time. Amendment to the A2reement with R3 Consultin2: The agreement approved with R3 Consulting by the Mayor and Council in June 2004 was for an amount not to exceed $58,070. The project evolved significantly since that time, requiring additional work by the consultant. The proposed amendment to R3's agreement will provide for the payment of remaining services related to the franchise process ($25,000 in FY 04-05), as well as a contingency for any outstanding wrap-up issues ($5,000 in FY 05-06), for a total additional cost of $30,000. The total contract cost of $88,070 has been offset to some degree by revenue from proposer submittal fees of $30,000. Financial (mpae': As noted earlier, the proposed amendment to R3 's agreement will provide for the payment of remaining services related to the franchise process ($25,000 in FY 04-05), as well as a contingency for any outstanding wrap-up issues ($5,000 in FY 05-06), for a total additional cost of $30,000. It is recommended that the Director of Finance be authorized to amend the FY 04-05 and FY 05-06 Refuse Fund Budgets to reduce the Refuse Fund Undesignated Balance by this amount, and increase the Refuse contractual services budgets by the corresponding amounts indicated above. Recommendation: Adopt resolution, and authorize the Director of Finance to amend the FY 05-06 Budget as indicated in this staff report. -, '" , .-. , ,. . ., ". , .. ...""'""=.,...,...._..~ .,.. .-..,,,. .'c" .,._.." ."-,.,.~..,,,,.~;<;,..,.,,,,,.:;. "''''l-''''-'''~~''''-=~~ .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-284 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE SERVICES AGREEMENT WITH R3 CONSULTING GROUP, INC., FOR ASSISTANCE CONCERNING COMMERCIAL REFUSE SERVICES PROVIDED BY FRANCHISED REFUSE HAULERS BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, Amendment No. 1 to the Services Agreement between the City of San Bernardino and R3 Consulting Group, Inc., a copy of which is attached hereto marked Exhibit "An and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III 1/1 1/1 11/ 1/1 11/ 1/1 1/1 1/1 1/1 _..'~~".,'.' c .~. , - ~m~..~~'..~ '. -~ ..~.'--., .... ~ - -- .--....,'-'..'" """"',' = , ~ \ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION OF TIlE MAYOR AND COMMON COUNCll.. OF TIlE CITY OF SAN BERNARDINO AUTHORIZING TIlE MAYOR TO EXECUTE AN AMENDMENT TO TIlE SERVICES AGREEMENT WITH R3 CONSULTING GROUP, INC., FOR ASSISTANCE CONCERNING COMMERCIAL REFUSE SERVICES PROVIDED BY FRANClUSED REFUSE HAULERS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a rellular meeting thereof, held on the 15thday of August .2005, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x - MCGINNIS ---L DERRY x KELLY x JOHNSON ---L.. MCCAMMACK x - ~I h. C&JL- City Clerk The foregoing resolution is hereby approved this (7;J. day of August 2005. ~~../~ Approved as to Form and legal content: Wendy McCammack, Mayor Pro Tern City of San Bernardino 25 26 James F. Penman, City Attorney 27 28 1. . "___"_-,~,,,,,,",,,,_~"""'c-,;-~,.......,,,-'_~',,~,,, ~_,~.:: ~ -. 2005-284 ORIGINAL Exhibit "A" AMENDMENT No.1 TO THE SERVICES AGREEMENT Tbj'gm N. I to"'" __" """'" hrto "" niL .., of '. 2005, by and between the City of San Bernardino ("CITY") and R3 Cons g Group, Inc., ("CONSULTANT") relating to assistance concerning commercial refuse services provided by franchised refuse haulers and other issues related to refuse regulations and operations. I. The Section No. 2 entitled "COMPENSA nON AND EXPENSES" is hereby amended to now read as follows; "For the services performed pursuant to Section 1 of this Agreement, CITY shall pay CONSULTANT a fee not to exceed $88,070." 2. The Section No.3 entitled "TERM; SEVERABILITY" is hereby amended to now read as follows: "The term of this Agreement shall be for a period of eighteen (18) months, commencing on July 1, 2004, and terminating on December 31, 2005, unless previously modified, amended, or cancelled by the written mutual consent of the parties. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended in writing. The duration of this Agreement may only be extended with the written consent of both parties." III III III _.,''''':T''' ".".-,,".-'-.":'-"-"~."~~-'.~-, ..-..-~."'~'~-'", ',,""""""'"T"-~' ....~---._"'-""*""'"....~,. . <-~. .~ " .._ .______n.. _"'__"__,,-.._~=.T.~ .< 2005-284 . AMENDMENT No.1 TO THE SERVICES AGREEMENT IN WIlNESS WHEREOF, the parties have executed this instrument upon the date first herein above appearing. By: ~h~ Raclie Clark, City Clerk CITY OF SAN BERNARDINO ~L ~ . y McCammack, Mayor Pro Tern City of San Bernardino ArrEST: R3 CONSULTING GROUP, JNt.\ BY:~ \.~-~ Title: R-,I''' \ \:>1>..\ Approved as to fonn and legal content: JAMES F. PENMAN City Attorney B'r r Pe-- I I I I I I I I I I I I I Business Plan for the Integrated Waste Management Division Submitted to: City of San Bernardino Public Services Department II May 2008 1J:2.. Consulting Group, Inc. K...J Resources. Respect Responsibility City of San Bernardino Cover TABLE OF CONTENTS .................... ........ ............ .................................. .............i 1.0 BACKGROUND ............................................................................. 1 2.0 APPROACH ..................................................................................2 3.0 L1MITATATIONS ........................................................................... 2 4.0 FINDINGS AND RECOMMENDATIONS .......................................3 4.1 Findings .................................................................................3 4.2 Recommendations ................................................................. 4 5.0 FINANCIAL PLAN ....................................................................... 1,4 5.1 Budget Projections ............................................................... 14 5.2 Example FY 2008/09 Rates.................................................. 17 5.3 Potential Revenue Enhancements and Cost Reductions ............... ............................................................ 18 5.4 Financial Model Assumptions ............................................... 19 6.0 EXAMPLE IMPLEMENTATION STEPS....................................... 21 LIST OF TABLES Table 1 Projected Capital Needs For FY 08/09 - FY 12/13 ................ 14 Table 2 Cost for Additional Staff For FY 08/09.................................... 15 Table 3 Cost of Implementing Recommendations............................... 15 Table 4 Projected Costs, Revenue and Rate Increases For FY 08/09 - FY 12/13.............................................................. 16 Table 5 Example FY 2008/09 Monthly Rates...................................... 17 Table 6 Cost Decreases and Revenue Increases From Implementing Recommendations........................................... 18 Table 7 Line Of Business (LOB) Allocation Factors ............................20 IWM Division Business Plan R3 Page i . I . . . . . . . I . I I I I I I I I City of San Bernardino 1.0 Background The City of San Bernardino Integrated Waste Management Division (Division) provides collection services to approximately 43,500 residential customers and 3,500 commercial customers within the City. Residential solid waste, recycling and yard waste collection services are provided weekly on a 4-day per week 10- hour per day schedule. Residential collection operates on a three-pass system, where separate route drivers collect garbage, recyclables and green waste materials (Separate Commodity Routes). Commercial collection services are. provided six days per week to provide service to commercial accounts. The City also provides a small amount of Commercial recycling and green waste collection services. The Division had an annual budget of $24,600,000 for FY 07/08. The annual expenditures are split between residential and commercial services with approximately 52 percent of the costs going for residential services and 48 percent of the cost going to the commercial services. The City of San Bernardino has approximately 100 employees that provide residential, commercial, and roll-off collection services. Over the past two years, the Division has begun the process of addressing current operational challenges, including: . Purchased 20 new vehicles in FY 2006-07, . Purchasing 17 additional vehicles in FY 2007-08; . Tracking and improving the following items: o Department overtime; o Sick Time hours used by employees; o Workers compensation claims; and o Liability claims. . Constructed a liquefied natu raJ. gas (LNG) and compressed natural gas (CNG) fueling station; . Focusing resources on route efficiencies, accuracy of account information, and establishing improved enforcement of the Division's policies and procedures related to waste collection; and . Revising the City's Refuse and Solid Waste Division Code. At the same time, the Division is facing several longer term issues: . Arranging for disposal of approximately 200,000 tons of solid waste currently disposed at the Colton Landfill after December 31,2012, when the San Bernardino County Waste Delivery Agreement (WDA) expires. . Providing for all temporary bin services after the expiration of the agreements with the two franchise waste haulers that compete with the City for temporary bin services; IWM Division Business Plan R3 Page 1 IWM Business Plan Q3 Page 2 City of San Bernardino . Addressing the need for customer rate increases or restructuring, given that customer rates have not been increased in four years; . Addressing recommendations contained in the March of 2007, a City-wide Organizational Review: o Preparing detailed business plan and rate study; o Identifying enterprise costs and potential cost savings of contracting out; and o Preparing bid specifications for residential and commercial services, and conducting a managed competition process. To address these current and future challenges, the City retained R3 Consulting Inc. (R3) to prepare a Business Plan that addresses five major areas: 1) rate structures, 2) equipment needs, 3) staffing levels, 4) long range planning, and 5) the impact of managed competition. 2.0 Approach The Business Plan is intended to present a 5-Year work plan to guide the Division in its efforts to deliver high quality services in a cost-effective manner and to successfully compete with comparable utilities, both publicly and privately operated, in terms of efficiency, productivity, customer service and customer rates, and net financial impact on the City. Our study involved a review of the Division's collection operations and support functions. As part of that review, we met with management, reviewed operational information including productivity and vehicle availability data, observed collection activities in the field, conducted residential route time and motion analyses, audited commercial accounts, and performed an analysis of current and projected residential solid waste collection productivity. While our review covered a range of issues, it was not intended to be a detailed review of any of those specific issues, and we relied in part on management's representations of the Division's operations and results in developing our findings and recommendations. 3.0 Limitations In determining if further action on our recommendations is warranted, the City .should consider the following limitations of our review: . A comprehensive management review of the City's solid waste operations was not conducted; . Field observations were limited to three days; u I City of San Bernardino I I I I I I I I I, . A detailed financial analysis and/or cost-of-service study of the City's solid waste operations was not performed; . R3 was not able to independently verify the customer account data, off route travel time, and container set-out data provided by the City; . The projections used in this analysis are based on limited operational and financial data received from the City. Because events and circumstances may not occur as expected, there will usually be differences between projected and actual results, and those differences may be material. 4.0 Findings and Recommendations Our review of the Division's operations identified a number of management and operational issues that impact the Division's ability to provide consistent high quality solid waste collection services to the City's residents and businesses. There is a combination of system and operational changes that will need to be addressed by the Division to maintain ongoing operations. The major findings and recommendations to address these issues are listed below. 4.1 Findings The findings fall in three (3) major areas: 1. The Division operates as a "garbage" collection department with the diversion of material through collection of recyclables and green waste as a secondary function. a. Total residential, commercial, and C&D recycling diversion is 6.6% of collected material. b. Total residential, commercial, and C&D green waste diversion is 12.0% of collected material. c. Contamination of recyclables is between. 40 - 50% of collected material. d. The Division has the potential to reduce annual cost through reductions in equipment, staffing adjustments, and technology improvements. e. The Division can realize additional revenue through expanded recycling programs, decreased recycling contamination, and increased recovery of materials now lost in landfill loads. 2. The Division does not have proper management systems in place to accurately identify service levels and bill customers, timely implement service changes, and proactively manage its operations. a. The Division can not provide an accurate accounting of current customers and service levels. IWM Business Plan 1<-3 Page 3 IWM Business Plan 12.3 Page 4 City of San Bernardino b. The Division's customer service and billing system is not tied to daily operations, service and billing changes are done on a "paper" basis with limited ability to confirm if changes were made, service inquiries are not tracked and tied back to route operations. c. Without an inventory of bins, carts and containers the Division cannot manage its equipment properly; and the billing system cannot accurately bill for actual service. d. Routes are unbalanced, with the number of stops/route/day ranging from 800 to 1,400, and no accurate tracking of accounts and service levels. e. Approximately 30% of residential and commercial vehicles deliver loads that are over 1.1 tons and potentially over the legal street limit. f. Onboard truck scale systems and onboard vehicle tracking systems (GPS) are not used to monitor daily operations. 3. The Division is significantly underfunded, in terms of capital replacement, operating reserves, and operating revenue for residential cart services. a. The Division has no capital or operating reserves. b. The Division needs capital expenditures of approximately $21 million over the next five years to replace old equipment and bring the Division up to service levels seen by other municipal or privately run solid waste operations. c. Residential cart services is running a deficit of approximately $3.4 million/year. d. It is unclear if temporary services is covering its costs due to inaccurate revenue and operations tracking. e. There is no established procedure to collect delinquent account payment, and budgeted revenues do not reflect delinquency experience. The Division does not use property tax liens for delinquent payment collection. 4.2 Recommendations There are recommendations that the City of San Bernardino should consider that will result in improving the operational and financial environment of the Division. The recommendations are broken down by the following areas: . Expenditure and Revenue Accounting; . Customer Service; . General Operations; . Residential Services; ~ I ( I I I I I I I I I I I I I City of San Bernardino . Commercial Services; . Temporary Services; . FY 2008/09 Budgets and Rates; and . Privatization/Managed Competition. Expenditure and Revenue Accountina The Division should consider the following steps to improve the expenditures and revenue accounting: 1. Establish all budgets on a Line-of-Business basis (LOB) - 1) residential, 2) commercial, 3) temporary services, 4) street sweeping. 5) City Services. 2. Account for all revenue and expenses on a LOB basis. 3. Account for lease payments, capital purchases and capital reserve amounts on separate line items by LOB. 4. Record tip fees by function (disposal, green waste, recycling, CaD). 5. Establish a capital acquisition reserve account of 10% for planned future needs. 6. Establish an operating reserve account of 10% for unanticipated operating changes. 7. Adopt rate structures to generate revenue and cover expenses for each LOB. 8. Audit 100% of residential, commercial, and on-call accounts to verify/identify service levels. 9. Accept over the phone or on-line credit /debit card payments, and automatic payments. 10. Require advance payment for temporary drop boxes via the CSRs (no payment to drivers). 11. Establish a debt collection procedure, including tax liens for delinquent accounts. Customer Service The Division should consider the following steps to improve the overall accuracy and efficiency of the Customer Information Service system: 1. Purchase an integrated Customer Information System (software and hardware) for the Residential, Commercial, and Temporary services that would handle the following: a. Account management; IWM Business Plan R~ Page 5 IWM Business Plan 12.3 Page 6 City of San Bernardino b. Billing; c. Routing; d. Dispatching; and e. Reporting. A sample list of companies that offer "off-the-shelf' solid waste software systems include RouteWare, Soft-Pak, Trux, EnCore, Waste Works and Desert Micro. 2. Establish separate Customer Service Representatives (CSR) teams to handle residential customers separately from Commercial and Temporary Customers. 3. Hire one (1) additional CSR to reduce the number of customers to CRSs to a ratio of 6,000:1 4. Hire two (2) Commercial Account Supervisor that will be responsible for all commercial accounts. 5. Establish a procedure to formally track all calls and service requests. 6. Hire Dispatchers (a.m. and p.m.) that receives and coordinates all Roll-off and Commercial service request orders (SROs). 7. Implement a "ride along" program for CRS to observe on-route operations. 8. Introduce real-time GIS/GPS vehicle monitoring, interfaced with radio frequency identification in all new bins, containers, and carts. General Operations 1. Establish Best Management target productivity metrics: a. Residential 700 - 800 accounts per day (23 - 27 seconds per stop); b. Commercial 80 - 100 lifts per day; c. Temporary bin services 17 - 20 pulls per day; d. Temporary roll-off services 8 - 10 pulls per day; e. Bin or roll-off drop/pull within one (1) business day; I. 30 seconds wait time on customer calls; g. Call by 3:00 pm for the same day correction of missed collections; h. Closing work orders within two days (container repair or replacement, billing error, property damage); and i. A maximum 2% delinquent accounts; . . I I I I I I I I I I I I I I I I I City of San Bernardino 2. Establish diversion standards a. Residential recyclables diversion of 30% of total residential waste stream; b. Residential green waste diversion of 40% of total residential waste stream; c. Commercial recyclables diversion of 30% of total commercial waste stream; and d. C&D diversion of 50% of the C&D waste stream (temporary services). 3. Supervisors and drivers should review and monitor all current routes to determine maximum load points and eliminate vehicle overweight's. 4. Current accurate sequenced route sheets and maps are needed, with all new stops verified. 5. All trucks that currently have "on-board scales" should be calibrated and operational. 6. All drivers should be trained in the operation of the "on-board-scales" 7. Establish and enforce a formal overweight policy. 8. All driver paper work, dump tickets, and SRO's should be reviewed with the drivers at the end of the day by the assigned supervisor or dispatcher. 9. Reconcile all driver tickets with tip fee tickets on a daily basis. 10. Unaccounted or lost tickets should be "recovered" the following day. 11. Overweight loads should be documented daily by the supervisor and driver to determine the cause and method of prevention. 12. Implement on-board scale house readers. Residential Services The residential operations will benefit immediately from the better balancing routes, emphasizing recycling and green waste services, and the use of a new software system. The Division should take the following actions: 1. Purchase and install GPS software and tracking devises for all residential collection vehicles. This should be directly tied to an integrated Customer Information System. 2. Audit all. residential accounts to verify account information, and reconciled to accurate route sheets. 3. Re-balanced residential routes based on 8 hour work day, 5 days of collection and with established productivity requirements, and evenly IWM Business Plan R3 Page 7 IWM Business Plan 12.3 Page 8 City of San Bernardino balanced between garbage, recycling and green waste collection (650 - 800 accounts/route}. 4. Provide route books and daily route logs to drivers to verify account data and any requested changes. 5. Reassign "Extra" commercial drivers to residential recycling and green waste routes. 6. Route residential routes to the closest disposal facility. 7. Reassign residential supervisors to be responsible for geographic areas rather than lines of business. 8. Drivers should be held accountable for overweight loads, missed collection, and driver caused damages. 9. Focus on reducing recyclables and green waste contamination through on-route "cart" checks, increased public education efforts, "tagging" contaminated carts, and pulling recycling and green waste carts from habitual offenders. a. The Division should consider conducting a recycling characterization study to determine contamination levels and evaluate opportunities for improvement. The characterization should include landfill loads as well as recycling loads, to determine extent of lost recyclable and green materials. b. The Division should consider renegotiating the current residential recycling processing agreement as contamination is reduced. 10. Increase outreach and education for the recycling and green waste programs, using social marketing techniques. 11. Provide continual training on collection techniques to reduce unintentional damage to carts. 12. Provide continual training on established procedures for issuing non- collection notices, Service Request Orders ("SRO"}, completing their daily logs. 13. Reduce vehicle spare ratios to 15%. Commercial Services 1. Purchase and install GPS software and tracking devises for all commercial collection vehicles. 2. Enter all current customer information into new software system. 3. Audit all commercial routes to verify account information, and reconciled with the customer account system. u I I I I I I I I I I I I I I I I City of San Bernardino 4. Include a complete bin inventory assessment as part of the route audit, with procedures established to assure ongoing accuracy. 5. Conduct commercial waste audits for all commercial accounts, identifying recycling and organics rich accounts. Priority should be given to the 20% largest commercial accounts in the first year (up to 500 total). 6. Establish "select" commercial recycling and organics collection routes to accommodate high concentrations of recyclable and organics material. 7. Focus on reducing recyclables and green waste contamination through on-route "bin" checks, increased public education efforts, 'tagging" contaminated bins, and pulling recycling bins from habitual offenders. 8. Coordinate drivers, supervisors, and transfer station personnel to work together to assure that select routes maintain high levels of diversion. 9. Rebalance commercial routes with specific productivity standards established, i. e., each route should be managed as a "profit center". (80 - 120/lifts/route). 10. Minimize the number of two-man commercial routes and reassign the "extra" drivers to residential collection (est. 5 - 6 drivers). 11. Drivers should not collect overloaded bins, or from locations that require the driver to leave the truck to clear a path to the bin or place items in the bin prior to collection. 12. All bin enclosures should be inspected to ensure access and safety. 13. Develop new bin enclosure standards to assure adequate collection space for recycling, organics, and refuse; and to assure that new and remodeled commercial developments provide adequate collection space. 14. Target "clean" recycling loads, aggressively target contaminated recyclables for non collection, and conduct waste audits to increase commercial recycling. 15. Identify opportunities and arrange for commercial food composting. 16. Establish and enforce additional charges for rejected recycling loads. 17. Direct drivers not to collect contaminated commercial recycling bins. 18. Hold drivers accountable for overweight loads, missed collection, and driver caused damages. 19. Retrain drivers to follow established procedures on issuing non-collection notices, SROs, completing their daily logs. 20. Reduce vehicle spare ratios should 10%. IWM Business Plan R3 Page 9 IWM Business Plan 1<3 Page 10 City of San Bernardino '1 Temporary Services The temporary account operations will benefit immediately from the use of the new account supervisor, software system, and dispatcher. The Division should take the following actions: 1. Purchase and install GPS software and tracking devises for all temporary collection vehicles (both roll-off and front loaders). 2. Require all customers requesting temporary services to the CSR's to request service. 3. Restrict Temporary Services to construction and demolition materials, and clean-ups. Temporary services should not be provided for regular scheduled collection of garbage. 4. Base Temporary Services on a one (1) week service period. One (1) additional week "bin" rental can be requested at a set fee. All temporary drops must be pulled weekly, unless the customer requests a one time one (1) week extra bin rental. 5. Track all activity by drivers by SROs and account number on a daily driver activity log. 6. Enter all temporary services into the new software system. 7. Audit all permanent accounts and accounts serviced on a short term (over seven days) and on-call basis by the Commercial Account Supervisor and Roll-off Supervisor to verify customer information, bins onsite, and identify diversion opportunities. Permanent scheduled accounts should be allocated on a regular route basis, so that temporary services do not conflict with permanent collections. 8. Establish a procedure for monitoring compactor loads with high concentrations of recycling and organics material, including a transfer station floor sort procedure and accounting. 9. Work with local recycling facilities to receive additional material that current drivers or supervisors think are "contaminated" and must go to the landfill. 10. Require the Roll-off supervisor and/or Commercial Account Supervisor to review any loads dispatched as "recycling" loads that the driver feels are contaminated before the material is hauled to the landfill. 11. Reduce vehicle spare ratios to 10%. I: I. I I I I I I I I I I City of San Bernardino I FY 2008/09 BudQets and Customer Rates 1. The FY 2008/09 budget should incorporate the cost to purchase and install an Integrated Customer Information and Billing System (ICSBS), including: a. The cost to complete the residential and commercial customer account audits, including identification of select recycling and organics accounts. b. Software for account management, billing routing; dispatching, and reporting. c. Collection vehicle on-board GPS. route and account tracking. 2. The FY 2008/09 budget should incorporate capital replacement for: c. Residential containers, in full 3-color imprinted with "recycling", "organics" and "refuse" identification and descriptions. d. Residential collection vehicles. e. Commercial containers. f. Commercial collection vehicles. g. Temporary collection vehicles. h. Street sweepers. 3. The FY 2008/09 budget should incorporate a 5% capital reserve and increase to 10% by FY 2013/14. 4. The FY 2008/09 budget should incorporate a 5% operating reserve and increase to 10% by FY 2013/14. 5. The 2008/09 budget should incorporate the cost to begin a feasibility study for Corporation Yard/MRFlTransfer Station. 6. The 2008/09 budget should incorporate the cost to implement aggressive public outreach programs and enforcement. 7. The 2008/09 budget should incorporate the cost to conduct a detailed cost of service study to establish accurate rates on LOB starting in FY 2009/10. I I I 8. Customers Rates should be revised to: a. Incorporate items 1 - 7 above. b. Discontinue bin/box rental beyond 1 week. c. Adopt "flat" tonnage limits of 2 tons for temporary bins. d. Adopt '1ree" recycling for residential and commercial customers. ~ ~'.i I ; ~ IWM Business Plan 12.3 Page 11 IWM Business Plan ~3 Page 12 City of San Bernardino -\ I I I I I I e, Reassign five "extra" commercial drivers to residential services. f. Hire two (2) outside sales representatives (commercial and temporary services). g. Discount commercial green waste by 50% from standard garbage bin rates. h. Charge full garbage rates for contaminated recycling or green waste loads. i. Implement separate street sweeping charges on residential and commercial customers. j. Increase rates for residential, commercial, and temporary services on an "across the board" basis for Y 2008/09. 9. For FY 2009/10 and beyond: a. Adopt "pay-as-you-throw" rates for residential and commercial customers to provide incentives for recycling. b. Transition to full LOB rates. Privatization/Manaqed Competition R3 does not believe it is in the City's best interest to consider privatization of the Division functions at this time for the following reasons: 1. It is not possible to accurately determine costs, revenue, number of accounts, billing errors by LOB and any private hauling company would want an accurate accounting to customer levels to determine a reasonable "value" of the contract. 2. The City would need to receive approximately $4.7 - $6.0 Million in annual franchise fee payments to account for lost revenue to the General Fund, Water, and Fleet Services, and to provide for Street Sweeping Services:. a. Currently the City provides approximately $400,000 in ''free'' City Services that is not accounted for or tracked in the Division budget. b. Currently, approximately $2.7 million is transferred from Division to the City General Fund. c. Currently the direct cost of providing Street Sweeping services is approximately $1.6 million/year (including capital and operating reserves). d. Currently the Division pays approximately $90,000 to the Water Department for billing services. The cost for Water I I I I City of San Bernardino billing approximately 39,500 solid waste accounts that receive City water services would not be eliminated. e. Currently the Division pays approximately $1.8 million to Fleet Services for vehicle maintenance (excludes fuel). Some, but not all of this cost.would be eliminated. 3. The City's rolling stock has little or no value: a. Of the City's fleet of 98 vehicles, 19 are less than 2 years old; most are over 5 years old, are not CARB compliant and have minimal or no market value. b. Residential carts have no market value due to age and condition and will need to be replaced. . c. The City's commercial bins have low market value due to age and condition, and bins that have not been replaced or refurbished will need to be replaced or refurbished. d. The City's roll-off containers have little or no market value due to age and condition and will need to be replaced'. 4. A private hauler would likely have to increase the City's current customer rates: I I I I I I I I I I I I I a. Similar to the City, a private hauler will need to capitalize containers and vehicles at an estimated cost of $25 million. b. Similar to the City, a private hauler will need to conduct a billing audit of all accounts and implement a new Customer Information System: c. A private hauler would likely incorporate up-front. cash payments to the City into its customer rates. \ d. A private hauler would need to make annual franchise fee payments to the City as discussed in NO.3 above. e. A private hauler would need to operate on a 10+% operating ratio to meet corporate profit requirements. 1 The City has begun a program to refurbish existing commercial bins and is targeting approximately 100 per month to be refurbished. IWM Business Plan R3 Page 13 IWM Business Plan Q3 Page 14 City of San Bernardino 5.0 Financial Plan 5.1 Budget Projections R3 developed financial model for a 5-Year Financial Plan on a Line of Business basis as follows: 1. Residential Cart Services. 2. Commercial Bin and Roll-off Services (regular accounts serviced on a set schedule). 3. Temporary Bin and Temporary Roll-Off Services. 4. Street Sweeping Services. The model incorporates the City's FY 2007/08 budget, the Division's projected capital and operating needs, the operational recommendations discussed above, operating and financial practices used by other public agencies, and discussions with City staff. Changes to the capital requirements and new staff requirements for FY 08/09 - FY 12/13 are listed in Tables 1 and 2 below. Table 3 shows the additional one time costs for implementing the recommendations in FY 2008/09. '~':!{:i-':;:!_,:,~:><'~;~,., ',".C-, .":;,tar,qE!Gt ;1." "/".. ','>--.' ..'....." Commercial Vehicle Replacement $3,847,000 Residential Vehicle Replacement $8,781,197 Street Sweeper Vehicle Replacement $789,000 Residential Carts $6,987,090 $2,10,000 Commercial & Roll-off Containers Integrated Customer Service/Billing/Route Management System $1,075,00 $20,415,364 TOTAL CAPITAL NEEDS I I City of San Bernardino I IWM Business I Plan I Residential Drivers 5 $51,600 $258,000 I Residential Supervisor 1 $74,500 $74,500 Public Education Staff 2 $56,100 $112,200 I Customer Service 1 $47,500 $47,500 Residential Dispatch 1 $51,600 $51,600 I Commercial Regular Drivers -5 $51,600 -$258,000 I Commercial Regular Supervisors 1 $74,500 $74,500 Commercial Regular Public Education Staff 1 $56,100 $56,100 I Commercial Regular Account Supervisors 2 $50,400 $100,800 I Commercial Regular Dispatch 1 $51,600 $51,600 TOTAL ADDITIONAL STAFF 10 $568,800 I I I I Training On New Customer Service System $25,000 One time City Clean-up Services $400,000 Ongoing I Public Education Campaign/Materials $300,000 Ongoing I City-wide Billing Audit $199,750 One time City-wide Reroute $100,000 One time Q3 I Page 15 City of San Bernardino IWM Business Plan Cost of Service Study $100,000 One time MRF/Transfer Station Feasibility $150,000 $500,000 over next 4 years Capital Reserve-Initially set at 5% $1,125,214 Increase to 10% over 5-year period Operating Reserve-Initially set at 5% $1,164,662 Increase to 10% over 5-year period Table 4 below shows the projected impact of adopting the above recommendations, including the projected rate increases. Table 4 Projected Costs, Revenue and Rate Increases For FY 08/09 - FY 12/13 Bldgeted 07-08 08'()9 00-10 Prqecled 10-11 11-12 12-13 Cumulaive Nellnrome Loos Revenue Adjustment Percentaae R Residential 0.00% 21.00% 3.00% 3.00% 3.00o/~l 3.00% Corrrnercial-Regula- 0.00% 21.00% 3.00% 3.00% 3.00%1 3.00% Corrrnerdal- T empaary 0.00% 21.<)0% 3.00% 3.00% 3.00% 3.00% Commercial-Regular Revenue & Transfers In 10,398.233 12,577,594 12,954,922 13,343,570 13,743,877 14,156,194 ~~s & Transfe~~()ut 8,416,974 9,239,034 9,019,018 9,536,167 10,596574 11,058.232 t~ili.H .,,~ .'/ ~ l:!ii$'il~ $' , $$-'SjiQ4, - . "$,T47:9l'1~f 3JjlfMlrl 17,.33>441 I .,,,, Commercial-Teflllor;ry Revenue & Transfers In 4,202.867 5,082,606 5.235,084 5,392,137 5,553,901 5,720,518 Exnenses & Transfers QUI 3,682,426 4,308,411 4.206,395 4,440,766 4,912.444 5,12.2,713 rN..Dl'",,~~'. r SllQ,Ml 71:4;1$$ t,OIill,6!l1l '!l!<liiiltl 1>41:4.1\'1 ilM;lji'ljl 3,g$,518 I Street Sweeping 1,828.6991 Revenue & Transfers In 4,946 1,673,519 1,723,725 1,775,436 1,883,560 E'6Ienses & Transfers Out 1,439,363 1,770,516 1,602,223 1,722,485 1,979,697 2,030,171 ~NefMI'i'I"8 77L!)ss--;r .,.,.. 1,434,417 ~,w1.' 121;001 5:05'1 '115ttgg~ 146611 (22),153>1 _.~-- . -. T alai All U nes of Servi ce 88Jinning Fund Balance 589,200 '2,200 192,516 1,972,482 3,838.865 3,029,014 , Revenue & Transfers In 24,749,700 31,611,150 32,567,367 33,552,913 34,568. 720 I 35,615,752 E>onenses &Transfers Out 25,341,100 31 701,466 30,502,370 31,686,529 ~,378.571 36,735,104 It#>f11\Wrne / I=' .. Sgl,400 ''''',316 2064,997 1.",",,$3 15Q9,8$1\1 111'19,353 1,911,8611 3 Page 16 I I I I I I I I I I I I City of San Bernardino As can be seen by Table 4 above, for FY 2007/08 the City will need to increase residential, commercial, and temporary rates by 21.0%, adopt~% annual CPI increases, and adopt a new street sweeping rates of $1.'6!!l"per residential accounVmonth, and $13:53 per commercial accounVmonth. The result of the rate increases and new street sweeping rates will provide the Division with the necessary funding to improve services to a level .provided by other publicly run solid waste operations and effectively compete with private waste haulers. However, rate increases in FY 2008/09 are "across the board" increases and 3% do not move the Division to LOB based rates. This "across the board" approach is recommended for the following primary reasons: . Avoid a one time residential rate increase of 61.5%. . Avoid a one time commercial rate decrease of 12.0%. . Allow the Division to conduct a detailed cost of service study. . Complete the customer service level audits. . Track revenue and expenses by LOB (commercial and temporary services) and to adopt residential variable container size rates. . Incorporate disposal cost reductions and increased recyclables revenue from increased residential and commercial recycling. . Incorporate operational efficiencies due to more efficient routing, and more accurate customer billing. Also, as can be seen in Table 4 above, residential services will run a cumulative 5-year deficit of approximately $19 million unless additional rate increases are adopted. Accordingly, R3 recommends the Division should phase in residential rates on a LOB basis over a three (3) year period in conjunction with the customer service audit, cart replacement program, and adoption of variable rates. I I I I I I I 5.2 Example FY 2008/09 Rates The following table provides a list of rates if the Division adopts the recommended rate increases: Residential 96 Gallon Trash $19.86 -0- $24.03 $1.69 Residential Street Sweeping $95.00 $114.95 Commercial - 1 Yard - (1 x weekly) IWM Business Plan Q3 Page 17 IWM Business Plan 1<-3 Page 18 City of San Bernardino Commercial- 3 Yard - (1 x weekly) $101.00 $122.21 Commercial- 6 Yard - (1 x weekly) $161.00 $194.81 $13.53 Commercial Street Sweeping -0- Temporary Per Pull $343.64 $284.00 5.3 Potential Revenue Enhancements and Cost Reductions Assuming the Division successfully implements the recommendations discussed earlier in this Business Plan, the Division should realize both cost savings and revenue enhancements. These are presented below: Reducing Vehicle Reserve Ratio (16 vehicles at $25,000 vehicle for insurance, ($400,000) registration, m?intenance costs) Not determined Reducing Bad Debt (target 2%) $164,000 Increase residential and commercial revenue from billing corrections o o Increase Residential Recycling Tonnages (target of 30% of residential waste stream) o $1,815,000 Decrease Residential Tonnage Disposal due to Increased Recycling ($700,000) o I I I I I I I I I I I I I I I I I I I City of San Bernardino Increase Residential Green Waste Tonnages 0 0 (target of 40% of residential waste stream) Increase Commercial Recycling Tonnages 0 $1,160,00 (target 30% of commercial waste stream) Decrease Commercial Tonnage Disposal ($1,826,000) 0 TOTALS ($2,426,000) $3,079,000 5.4 Financial Model Assumptions A significant number of assumptions were incorporated into the financial model: . Annual growth of 3%. . Assumed annual operating cost increases of 3% (salaries, benefits, tip fees, etc). . Interest rate of 6.0%. . Cart and bin depreciation over 10 years. . Collection vehicle depreciation over 7 years. . Retire all payments for lease-purchased vehicles at the end of FY 2013/14. . Debt finance new purchases of vehicles and containers. . FY 2008/09 one time cost of $450,000 for moving Division staff to the corporation yard. . $25 million capital cost for a new Corporation Yard/Material Recovery Facility/Transfer Station beginning in FY 2012/13. . No revenue increases or operating cost decreases due to improved recyclables and green waste diversion. In order to develop the model on a LOB basis, it was necessary to reassign and allocate FY 2007/08 expenditures and revenue categories to specific LOBs as follows: IWM Business Plan 12.3 Page 19 City of San Bernardino IWM Business Plan Revenue: Interest on Cash 50.0% 50.00% 0.00% 0.00% Commercial May be using 0.00% 100.00% 0.00% 0.00% Rubbish cart collection. Commercial Bin 0.00% 0.00% 100.00% 0.00% Rent Permanent & Commercial Bin commercial 0.0% 89.3% 10.7% 0.0% Service bin accounts 3-6 CY bins. Temp services Commercial (bin and roll- 0.0% 0.00% 100.0% 0.0% Special off) $1 M is roll- off. Res Water Billed 100.0% 0.00% 0.0% 0.0% Residential B Accts 100.0% 0.00% 0.0% 0.0% Roll-off Dino Bin Service includes roll- 0.0% 38.9% 61.1% 0.0% off erm. Commercial 0.0% 100.0% 0.0% 0.0% Penalties Residential 100.0% 0.0% 0.0% 0.0% Penalties Compliance tickets, Misc. Receipts inspector 50.0% 50.0% 0.0% 0.0% citations, state funding, rants. Revenue from Recycling Receipts curbside, DOC 100.0% 0.0% 0.0% 0.0% 100% Residential Expenditures Administration By drivers 42.4% 34.8% 15.2% 7.6% Automated All residential 100.0% 0.0% 0.0% 0.0% Residential By drivers Subscription within com 0.0% 69.6% 30.4% 0.0% Services perm-temp s lit Street Sweeping All Street 0.0% 0.0% 0.0% 100.0% Swee in Recycling \ By drivers 42.4% 34.8% 15.2% 7.6% Environmental 1<3 Billing System By drivers 83.0% 5.00% 5.00% 7.00% Corporation Yard On accounts 42.39% 34.8% 15.2% 7.1% Page 20 I I I I I I I I I I I I I I I I I I City of San Bernardino Commercial By drivers Equipment within com 0.0% 69.6% 30.4% 0.0% perm-temp Allocation s Irt Transfers By drivers 42.4% 34.8% 15.2% 7.6% 6.0 Example Implementation Steps 1. Billing System Year 1 Problem: The current customer service and billing systems (H.T.E.) does not have the ability accurately identify customer accounts, service levels, or rates charged to customers. The lack of accurate customer information greatly reduces the ability of the Division to identify cost and revenue requirements for all customers and department functions. The current H.T.E. system does not have the ability to track and bill all customers for services provided by the Division; . The Division must manually enter commercial and roll-off information to update billing at the end of the month; . H.T.E. does not have the ability to generate route sheets or management reports to assist staff with daily operations; . The current system relies heavily on handwritten notes, faxed work orders, or phone calls directly to drivers or supervisors; . Work orders are not issued for all service requests; and . There is not a system in place to track and all close work orders. Year 1 The Division should procure and install an industry standard "off-the-shelf" Integrated Customer Service and Billing System (ICSBS). A sample list of IWM Business Plan R3 Page 21 IWM Business Plan 12.3 Page 22 City of San Bernardino companies that offer "off-the-shelf" solid waste software systems include Routeware, Soft-Pak, Trux, EnCore, Waste Works and Desert Micro. The Division should consolidate all billing and customer service functions into one system that has the ability to do the following functions: . Identify all customers by service type, level of service, and rates charged; . Identify all customer calls and requests; . Processing billing and accounting functions; . Identify customers by day and routes; . Track container usage andinvehtory; and . Provide management reports. Year 2 . Begin full use of new Integrated Customer Service and Billing Systems (ICSBS) for all customer and billing activity; and . Implement new variable can rate structure for residential customers. Year 3 - Year 5 During Year 3, the IWD should begin the process of conducting annual compliance audits of customers to verify billing and routing information. Begin annual compliance audits of 20 percent of all commercial and residential customers. Compliance Audits should include confirmation of the following: . Address; . Container size; . Service level/frequency; -and . Confirm correct rate. 2. Finance and Accounting Problem: The current financial and accounting system tracks costs by five section codes, (41t- Administration, 412- Automated Residential Collection, 413 - Subscription Refuse, 414, Street Sweeping, and 415 - Recycling/Environmental). Revenue is tracked by two section codes (412 - Automated Residential Collection, and 413 - Subscription Refuse). This caused a "disconnecF between cost and revenue tracking, and does not accurately reflect the costs associated with the services provided by the Division. I I I I I I I I I I City of San Bernardino Year 1 . Conduct a cost of service analysis by Line Of Business (LOB) to determine costs that can be used to determine future rate increases; Expand the current accounting systems to track costs and revenue by the following LOBs and functions: o Residential . Solid Waste Collection . Residential Collection . Green Waste Collection o Commercial . Solid Waste Collection . Recycling Collection . Temporary Bin Collection o Roll-off . Permanent Collection Accounts . Temporary Collection Accounts o Street Sweeping . Residential . Commercial . Revise the current procedure for Permanent and Temporary Roll-off accounts to: o Define permanent accounts as customer with regularly scheduled service or with established bin rental charges and minimum collection frequencies established; o Establish rates that include a fixed hauling charge and a pass- through of actual tipping fees; o Eliminate the use of "temporary gO-day roll-off boxes"; and o Establish all Temporary accounts to have weekly collection that is paid in advance. I t I I Year 2 . Adopt new rate structure to cover costs by LOB (may be necessary to phase in residential rates over three years); . Establish new commercial rates to "include" recycling to provide an incentive for commercial businesses to recycle and divert material. . Begin tracking costs and revenue by LOB; and IWM Business Plan 12-3 Page 23 IWM Business Plan 12.3 Page 24 I City of San Bernardino I I I I I I I I I I I I I I . Adopt new residential ''variable can rate"; Year 3 Implement variable rate system for all residential customers. Year 4 . Conduct a cost of service analysis by LOB to determine costs that can be used to determine future rate increases; 3. Collection Operations Problem: Current collection operations is under staffed with the current number of supervisors that cover several functions. This understaffing and cross utilization reduces 'the amount of time the supervisors have to monitor the quality of service provided and limits their ability to improve performance and reduce costs. Management and customer service functions do not have the ability to effectively monitor route operations productivity or collection efficiencies. The current collection and routing system has resulted in overweight vehicles that deliver overweight loads in excess of 30 percent of the total loads delivered to the landfill. The potential financial issues related to overweight vehicles may include excessive wear and reduced life span of vehicles, excessive road wear, and potential financial penalties by local enforcement offices. . Year 1 . Hire two (2) Collection Route Dispatchers to: o Assist supervisors monitor daily routes; o Communicate and schedule customer service request; and o Check-in drivers at the end of the day to ensure the completeness of daily activity. Procure, install, and activate GPS units with "real-time" monitoring of vehicles thaI tie to ICSBS system; Adopt a formal "overweight" policy program to identify and eliminate overweight vehicles; ana Adopt and implement a daily "check-in" program with the drivers and Dispatcher. . . . I I City of San Bernardino I I I I I I I I I I I I I I . . Year 2 . Develop a monitoring program to record and improve customer service and route operations through daily use of GPS systems; . Establish benchmark system to track customer service calls and route performance; . Include Radio Frequency Identification (RFID) on all new collection carts and bins; . Install RFID systems on all new collection vehicles; and . Establish procedure to monitor and balance routes to eliminate overweight loads. Year 3 - Year 5 . Use GPS and monitoring system to establish goals to improve customer service and improve route efficiencies; and . Install RFID systems on all existing collection vehicles. 4. Commercial Accounts Problem: The current commercial collection system has several areas that can show significant improvement and result in positive financial returns to the Division. The current commercial collection system does not have the ability to accurately identify commercial customers by day, route, or service levels. The current routing system allows for frequent overweight vehicles and drivers to collect from customers that are paying for lower service levels. The Division does not have an established routing or billing audit system in place to monitor routing performance and customer service levels. The current Commercial Recycling Collection program has approximately 200 customers that are collected by routes that operate five (5) days per week. Due to random contamination, drivers will determine entire loads are contaminated, resulting in loads of contaminated recyclables that end up delivered directly to the landfill. Year 1 . Audit 100% of current commercial accounts to document the following: o Service location; o Container size and bin number; o Days of service; o Customer specific issues (locks, dismount, 2 staff person service, etc.); and I IWM Business Plan R3 Page 25 City of San Bernardino o Opportunities to increase diversion. Identify current size of commercial routes; Present options to re-balance routes to increase efficiency; Re-route commercial accounts to reduce the number of two-man collection routes by five (5); Design routes with sequenced stops; Implement container inventory tracking system through ICSBS; Conduct a waste audit of top 500 generators; "Re-introduce" Commercial Recycling Collection; Meet with local recyclers to evaluate additional processing capabilities to increase recycling diversion; and Replace 20% of commercial bins. IWM . Business . . Plan . . . . . . Year 2 . . . . . . . . R3 Page 26 Implement new ICSBS; Re-route commercial accounts; Reduce two-staff person routes to four (4) routes per day; Expand commercial recycling to new bundled rates; Identify and implement the collection of select commercial loads; Develop commercial organics collection program; Begin to conduct waste audits on top 20% of the largest generators; and Replace 20% of commercial bins. Year 3 - Year 5 . Implement commercial organics collection program; Continue waste audits on 20% of the largest generators; Begin annual compliance billing audits on 20% of all commercial customers; Replace 20% of commercial bins (each year); Establish procedure to monitor facility diversion of select commercial loads, C&D material, and bulky waste material; and Continue to expand commercial recycling and select load collection programs. . . . . . I I I I I I I I I I I I I I I I I I I City of San Bernardino 5. Roll-off Accounts Problem: The current roll-off system has several accepted practices that provide service to customers not typically found in private sector roll-off operations. The system does not have systems in place to accurately identify the quantity. or location of containers. "Temporary" customers have the ability to use a roll-off bin for up to 90 days while generating only one (1) revenue producing load for the Division. The current system of charging for weight, while typical for permanent accounts, is burdensome for temporary bin accounts. Additionally, with permanent accounts, the overweight limits and charges should be reviewed to reduce the administrative burden and increase the penalty for overloading the bins. Roll-off and Construction and Demolition diversion has the potential to generate a high amount of diversion with the proper outreach to customers. Currently, opportunities for diversion are missed due to quality standards accepted at local recycling and C&D facilities. Year 1 . Audit 100% of Roll-off accounts; . Conduct bin inventory; . Implement bin inventory tracking system; . Negotiate material quality standards with local Recycling and C&D facilities; . Evaluate and establish permanent roll-off routes; . Conduct waste audit of top 50 generators; . Adopt new permanent and temporary roll-off customer policy; and . Conduct site visits with all new permanent or temporary C&D customers. Year 2 . Evaluate and establish permanent roll-off routes; . Conduct waste audit of top 51-100 generators; and . Implement new permanent and temporary roll-off customer policy. Year 3 . Conduct waste audit of top 101-150 generators. Year 4 . Conduct waste audit of top 50 generators. IWM Business Plan R.-3 Page 27 IWM Business Plan 1<3 Page 28 City of San Bernardino Year 5 . Conduct waste audit of top 51-100 generators. 6. Residential Accounts Problem: The current residential system operates four (4) days per week with unbalanced routes and lacks basic routing information including customer service level information or sequenced route maps. Year 1 . Audit 100% of Residential accounts; . Evaluate current route time saving options; and . Implement new customer start-up program with new bins and recycling outreach; . Replace 33% of solid waste carts; . Replace 33% of recycling carts; . Replace 33% of green waste carts; and . Begin re-route residential collection routes to five (5) day collection schedules (Mon-Fri) routes. Year 2 . Replace 33% of solid waste carts; . Replace 33% of recycling carts; . Replace 33% of green waste carts; and ,; Complete re-route residential collection routes to five (5) day collection schedules (Mon-Fri) routes. Year 3 . Begin annual compliance billing audits of 20% of all residential customers; . Replace 33% of solid waste carts; . Replace 33% of recycling carts; and . Replace 33% of green waste carts. Year 4 - Year 5 . Continue annual compliance billing audits of 20% of all residential customers. I I I I I I I I I I I I I I I I I I I City of San Bernardino 7. Customer Service Problem: The current Customer Service Department is limited by the H.T.E. system. The current system relies heavily on hand-written notes, faxed work orders, or phone calls directly to drivers or supervisors. Customer Service Representatives (CSRs) are burdened by a slow and inefficient system that does not allow them to effectively provide customer service and participate in the delivery of high quality customer service and expand recycling and diversion programs. Work orders are not issued for all service requests and there are no formal systems in place to track and close work orders. Year 1 . Hire CommerciaVlndustrial Account Managers; . Hire Recycling Diversion Analysts; . Establish Residential and Commercial CSR leams; . Begin training CSRs on new ICSBS system; and . Implement CSR ride-along program for CSR's to observe on route activity. Year 2 . Implement new ICSBS system; . Implement new customer start up procedure for residential and commercial accounts including new bins and recycling outreach; and . Incorporate results of annual compliance audits. Year 3 - 5 . Incorporate results of annual compliance billing audits. 8. Public Education and Outreach Problem: The current Public Education and Outreach programs have hot achieved the goals of increasing recycling activity while informing residents and businesses on the proper procedures for separating recyclables from the solid waste to maintain acceptable levels of contamination. Current contamination levels for the residential program are estimated to be above 40 percent. Commercial recyclables are contaminated on a regular basis that results in a majority of the material being landfilled. IWM Business Plan Q3 Page 29 IWM Business Plan 1<3 Page 30 City of San Bernardino Year 1 . Develop and expand the Public Education and Outreach Programsto inform all residents and businesses the reasons to recycle and the proper methods; and . Contract with a social marketing firm to: o Conduct phone surveys to identify method to improve the program; o Conduct focus groups to get community involvement in the programs; and o Develop and implement pilot programs to improve the collection programs. Year 2 . Begin annual site visits of top 20% of the largest commercial accounts without recycling; . Re-introduce residential recycling program; . Continue with social marketing surveys and focus groups; and . Introduce variable can rate to provide a financial incentive for customers to increase recycling. Year 3 . Implement Commercial Recycling Recognition Program; . Implement Residential Recycling Recognition Program; . Introduce special item collection programs; . Continue with social marketing surveys and focus groups; and · Continue with social marketing surveys and focus groups. Year 4 . Implement residential food waste collection program; and . Continue with social marketing surveys and focus groups. Year 5 . Evaluate and measure the progress made through improved Public Education and Outreach programs and social marketing surveys; and . Develop new five-year plan for Public Outreach and Education Program. 9. Disposal and Processing Facilities Problem: The Division's disposal and processing capacity will expire in 2012 when the Waste Disposal Agreement (WDA) with San Bernardino County, the Recyclable Processing Agreement with Burbank I I I I I I I I I I I I I I I I I I I City of San Bernardino Recycling Inc. (BRI), and the Green Waste Processing Agreement with Republic Services expire. The City does not have facility options for the processing and diversion of material from select commercial loads, commercial organics, or the material collected from the bulky waste collection programs. Year 1 . Negotiate an extension of current disposal agreement with San Bernardino County; . Identify facility options to process commercipl dry waste (mixed dry garbage and recyclables); . Identify facility options to process commercial food waste; and . Identify and arrange for facility(ies) to handle and process bulky waste collection material. Year 2 . Conduct a Corporation Yard/MRFfTransfer Station Study; . Enter into contract(s) for processing commercial dry waste and commercial food waste; and . Enter into processing agreement for the handling and diversion of bulky waste material. Year 3 . Implement action plan for long term Corp YardlMRF/Disposal facility; and Conduct material characterization per agreement with BRI. . 10. Recycling Programs Problem: Current recycling programs are not achieving the goals of increasing and maintaining participation by residents and providing recyclables with acceptable levels of contamination (under 15%). The Division will need to develop and expand the current outreach programs and address these issues with all Division employees. Year 1 . Develop an expanded Outreach program for Residential and Commercial Recycling Program, using social marketing techniques; Adopt a Cart and Bin Contamination Policy and Procedure; Conduct driver training to monitor and tag carts and bins with unacceptable levels of contamination in the recyclables; . . IWM Business Plan R3 Page 31 IWM Business Plan Q3 Page 32 City of San Bernardino . Identify recycling-rich commercial accounts, for inclusion on source- separated or select routing collection programs; . Develop new bin enclosure standards, assuring adequate collection space for recycling, organics, and refuse containers; and . Assure that new and remodeled commercial developments provide adequate collection space for recycling, organics, and refuse containers. Year 2 . Conduct recyclables material characterization for residential and commercial recyclables per the agreement with BRI; . Begin tagging and enforcing contaminated bins through the new bin/cart contamination policy; . Begin delivery of new recycling carts with full color imprinted recycling information; . Expand commercial recycling collection; . Initiate routing and collection of select commercial accounts with high levels of recyclables; and . Continue social marketing surveys, focus groups, and outreach programs. Year 3 . Initiate process to develop, induce, or contract for long term facility options including disposal, transfer station and material processing facility; and . Continue social marketing surveys, focus groups, and outreach programs. Year 4 . Conduct recyclables material characterization for residential and commercial recyclables per the agreement with BRI; . Contract for transfer station and materials processing facility services; and . Initiate transfer station a"nd materiats processing facilities construction and expansion. Year 5 . Conduct five (5) year review of Collection Operations and Recycling Programs. 11. Bulky Waste Collection Programs Problem: The Division would like to provide bulky waste collection programs for all residential customers to help increase diversion, reduce the impact on the neighborhood clean up events, and reduce the impact on potential illegal dumping of material. I I I I I I I I I I I I Ii I I I I I I City of San Bernardino Year 1 . Design and plan bulky waste collection programs; . Procure equipment for bulky waste collection; . Identify and adopt rates structure for bulky waste collection; and . Notify public of new bulky waste collection.' Year 2 . Implement on-call bulky waste collection program; and Phase out neighborhood collection events. . Year 3 . Expand bulky item collection program to include universal waste and household hazardous waste material as part of the bulky waste collection program. IWM Business Plan 12.3 Page 33