Title
Adopt a Resolution to Approve a Communication and Integrity Policy for Solid Waste Contract Procurement
Staffreport
COUNCIL PRIORITY
• Sustainability & Resiliency
• Fiscal Sustainability and Transparency
SUMMARY
The Communication and Integrity Policy (“Policy”) establishes a code of communication for interactions among stakeholders during the solid waste contract procurement process to ensure that the process is fair and transparent.
RECOMMENDATIONS
Staff recommends that the City Council approve the Communication and Integrity Policy for solid waste contract procurement as drafted.
BACKGROUND
City of San Leandro Municipal Code Section 3-6-300 et seq., empowers the City Council to, at its sole discretion and upon such terms as it may prescribe, award an exclusive franchise or contract to any qualified person to provide collection of solid waste, recyclables, and green waste for commercial and industrial establishments and residential properties in the City. Such franchise or contract may include collection, processing, and/or disposal of solid waste, recyclables, and organics as defined in Chapter No. 2021-001 of the Alameda County Waste Management Authority, titled “Organics Reduction and Recycling Ordinance,” and adopted in Chapter 3-24 of the San Leandro Municipal Code.
The City established the Franchise Agreement for Solid Waste, Recyclables, and Green Waste Services (“Franchise”) with Alameda County Industries (“ACI”) on February 1, 2000. The Franchise had an initial term of ten years with an automatic extension of ten additional years. On July 20, 2009, the City Council approved Resolution No. 2009-117 to execute Amendment No. 10 to the Franchise. The amendment included a provision to extend the term of the agreement to January 31, 2025 in conjunction with the transition to a natural gas-powered collection services fleet.
Staff intends to begin a procurement process (“process”) to identify potential contractor(s) and services beyond the expiration of the current Franchise with direction from the City Council. This process will define the terms under which the City negotiates services and establishes agreements with one or more contractors for solid waste, recyclables, and organics collection; material processing; and landfill disposal services. This includes determining all possible procurement pathways and potential service enhancements.
A first step in the procurement process is to establish a formal Code of Communication for all parties directly involved in the process.
Analysis
The Communication and Integrity Policy is intended to establish procedures for interactions among stakeholders during the procurement process to ensure that the process is fair and transparent.
The Policy applies to “the City team” (City staff and City’s agents including consultants), prospective contractor(s), and all elected and appointed City officials. The Policy requires prospective contractor(s) and their agents to direct all communications regarding the process to the City team, to refrain from outreach to the community intended to influence the process or outcome, and to refrain from meeting individually with any member of the City Council to discuss the process. Furthermore, the Policy requires members of the City Council to notify the City Manager of any conflicts of interest, refrain from any one-on-one interactions with prospective contractors, and report ex parte communications. The Policy is not intended to apply to casual or social communications or other communications among stakeholders that are unrelated to the process.
The Policy includes provisions for reporting and investigating potential violations to the Code for Communication and applying sanctions where such violations are substantiated.
The Policy would take effect upon adoption by the City Council and would remain in effect until award of any and all new (or renewed) solid waste collection, processing, and/or disposal contract(s).
ATTACHMENT(S)
Attachment A: Resolution for Communication and Integrity Policy
Attachment B: Communication & Integrity Policy
PREPARED BY: Jennifer Auletta, Deputy Public Works Director, Public Works Department