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HomeMy WebLinkAboutItem 4.08 Solid Waste Franchise Audit CITY CLERK File # D~[Q]-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 21,2006 SUBJECT: Request for Proposal for an Audit of the Exclusive and Nonexclusive Solid Waste Franchises. Report by Roger Bradley, Administrative Analyst ATTACHMENTS: Draft Request for Proposal. # RECOMMENDATION: '_ '\ Receive report and authorize Staff to distribute the Request for '!\ Proposal or provide additional direction. c..._.... FINANCIAL STATEMENT: Funds have been allocated for this project in the 2006/2007 Budget. DESCRIPTION: The Fiscal Year 200612007 City Council Goals & Objectives Program includes a high priority task to conduct an audit of both ofthe City's exclusive and nonexclusive (C&D) solid waste collection franchises. The goal of this audit is to determine the accuracy of diversion reporting to the City by each franchisee as well as the accuracy ofthe franchise fees submitted to the City. Specifically, using the guidelines set forth in the franchise agreements, the audit will: . Review onsite franchisee operations to verifY financial data, disposal and/or refuse transfer, recycling and green waste collection and procession,. commodity sales, vehicle types and other capital, numbers of personnel, and. operational data such as routes and accounts. . VerifY franchise revenues collected by each franchise participant, and evaluate the accuracy of franchise fees submitted to the City. . Review the billing procedures for the exclusive franchise agreement to ensure accuracy of charges to residents, which have services provided above the minimum service level. . Review operating statistics to gain an understanding of past historical trends as they relate to future diversion rates and franchise fee submittal projections. . Investigate unusual trends to determine their cause and effect on future performance. . Include meetings with representatives of each franchise participant to review the method used to quantifY their disposal, diversion, and recycling percentages. COpy TO: Page 1 of2 ITEM NO. \1.'0 F:\Council\Agenda Statements\as-Waste Audit RFP.doc . Include preparation of a technical report, assessing the reasonableness and accuracy of methods used to quantify diversion rates. . Determine the flow of disposed/diverted material; i.e., at which facility materials are first taken to and the path/methodology that is followed to the ultimate point of disposal or diversion for all material types. To accomplish these objectives, Staff has developed the attached Draft Request for Proposal for a consultant to conduct the audit of all franchise participants. If approved by the City Council, the RFP would be distributed on November 28,2006. Staff would conduct an evaluation ofthe firms submitting proposals and negotiate an agreement with the most qualified firm, which would be taken to Council for consideration of approval in early 2007. RECOMMENDATION: Receive report and authorize Staff to distribute the Request for Proposal or provide additional direction. Page20f2 Draft Request for Proposal The City of Dublin is seeking a consultant to conduct an Audit of the City's Exclusive and Nonexclusive Solid Waste Franchises Closing Date for Submittal of Proposals is December 22, 2006 Contact Person Roger Bradley Administrative Analyst 100 Civic Plaza Dublin, CA 94568 (925) 833-6650 INTRODUCTION The City of Dublin hereby solicits proposals from qualified firms to perform an audit of its exclusive solid waste franchise hauler, Amador Valley Industries ("A VI"), as well as its nonexclusive franchise haulers - Waste Management Inc. ("WM"), GreenWaste Recovery Inc., Sonrise Consolidated, A VI, Allied Waste Services, and Premier Recycle Company. The City wishes to verify the accuracy of diversion reporting from its franchise haulers as well as ensure that franchise fees have been accurately submitted. About the Community The City of Dublin is located in eastern Alameda County, approximately 35 miles southeast of San Francisco. The City was incorporated in 1982 and now has a population of 41,907 within 14.57 square miles. Dublin is located at the intersection ofInterstates 580 and 680. Franchise Agreements The City is currently in the early stages of its franchise agreements. As of July 1, 2005, the City entered into a new franchise agreement with A VI, which gave exclusive rights to provide solid waste collection services. At the same time, the City also enacted a new Construction and Demolition (C&D) ordinance, allowing nonexclusive rights to individual haulers to collect C&D materials. The exclusive franchise agreement requires A VI to pay the City required franchise fee. Gross revenues include any revenues associated with or received from any entity, including Federal, State, County, or other local facilities, within the service area for the provision of collection services. However, revenue received from the sale of recyclable materials and from California Redemption Value (CRV) are not considered gross revenues for the purpose of calculating franchise fees. For the nonexclusive agreements, franchise fees are payable on all gross revenues received for the provision of collection services, including all amounts paid by each customer as required by the City's franchise fee. In addition to the franchise fees, the exclusive and nonexclusive agreements require a minimum diversion rate of 50%: annually for the exclusive agreement and by weight for the nonexclusive agreement. The nonexclusive agreement also has a requirement of 100% recycling of all concrete and asphalt collected. SCOPE OF SERVICES Using the guidelines set forth in the franchise agreements, the consultant will perform an onsite review of franchisee operations to verify financial data, disposal and/or refuse transfer, recycling and compostables collection and procession, commodity sales, vehicle types and other capital, numbers of personnel, and operational data such as routes and accounts. The consultant will take the following steps during its review of each franchisee: . The consultant should verify the franchise revenues collected by each franchisee and evaluate the accuracy of franchise fees submitted to the City. . The consultant will review operating statistics to gain an understanding of past historical trends as they relate to future diversion rates and franchise fee submittal projections. The consultant should investigate unusual trends to determine their cause and effect on future performance. . The consultant will review the billing procedures for the exclusive franchise agreement to ensure accuracy of charges to residents, which have services provided above the minimum service level. 1 . The consultant will meet with representatives of each franchise participant to review the method used to quantify their disposal, diversion, and recycling percentages. . The consultant will prepare a technical report for Staff, assessing the reasonableness and accuracy of methods used to quantify diversion rates as well as the accuracy and appropriateness of franchise fee submittal. . The consultant will also determine the flow of disposed/diverted material; i.e., at which facility materials are first taken to and the path/methodology that is followed to the ultimate point of disposal or diversion for all material types. Additional Service In addition to the audits of the franchise haulers, please include a separate cost estimate of an additional audit of the records of the City's disposal service provider, the Altamont Landfill, run by WM. Specifically, the consultant will review gatehouse procedures for accuracy of assigning disposal tonnages to the City of Dublin. The contractor will review the method used to quantify their disposal reporting procedures. Consultant will include all findings in a technical report for Staff, assessing the reasonableness and accuracy of methods used to quantify diversion rates, as well as the methods used to recover recyclable/compostable materials. This review will cover the period January 12, 2005 through December 31,2006. Any discrepancies or irregularities will be noted and presented to Staff in the consultant's report. DELIVERABLES The reporting and review of the consultant's findings will be conducted in a manner that will allow for maximum input from City Staff, franchise participants, and the public. Progress Reports Beginning two weeks after the approval of the consultant agreement by the City Council, the consultant shall submit a written progress report to the City, indicating progress to complete the project and meet the deadline of May 31,2007. The consultant shall submit a written progress report in two-week increments following the initial report until all reports are finished. First Draft Report Upon completion of the proposed services, the consultant shall prepare the First Draft Report, which shall be submitted to the City in accordance with the timeline established. Additionally, at any time prior to submission of the First Draft Report, the consultant is encouraged to provide interim findings and recommendations to franchisees for their review to verify the accuracy of the consultant's findings. The City may request additional information/data from the consultant to clarify assumptions, calculations, findings, and/or recommendations. Four (4) First Draft Reports will be submitted to the City. The First Draft Report must include all of the following: . An executive summary. . A discussion of the accuracy in diversion reporting. . A discussion of the accuracy of the submission of franchise fees and revenues generated from collection services. . For the exclusive franchise, a discussion ofthe accuracy and appropriateness of customer billing above the minimum service level. 2 The City shall provide the consultant with any comments within two (2) weeks ofthe receipt of the First Draft Report. As appropriate, the consultant shall incorporate the comments of the City and be prepared to issue the Second Draft Report per the established timeline. Final Draft Report The Second Draft Report will be circulated to all franchisees. All comments on the Second Draft Report should be submitted to the consultant, in writing, within two (2) weeks of release. As appropriate, the consultant shall incorporate written comments and be prepared to issue its Final Draft Report according to the established deadline of May 31,2007. Four (4) Final Draft Reports will be submitted to the City. The Final Draft Report will be considered final recommendations and findings for the City. Other Deliverables . The consultant may be expected to present study findings and recommendations at City Council Meetings. . The consultant will be expected to facilitate meetings between City Staff and franchise participants. . The consultant will provide materials for meetings/workshops and submit written notes following each meeting. . The consultant will provide a final written report presented both in hard copy and in an electronic format. PROPOSAL INSTRUCTIONS Four (4) copies of the proposal should be submitted to the City Manager's Office by 5:00 p.m. on December 22, 2006. Proposals may be hand delivered or mailed to 100 Civic Plaza, Dublin CA, 94568, Attn: Solid Waste and Recycling Department. Proposals must be received by the aforementioned date and time. Post marks will not be accepted. The following information should be provided: . A narrative describing the firm's approach to accomplishing the project. . A summary of the firm's background and capabilities, including information on the firm's history and areas of specialization, or particular expertise as it relates to this proj ect. . Identification and background of any other consultants who are proposed to assist with this project. . A statement of qualifications including a list of relevant projects that the firm has completed which are similar to the project described above. Submittals should include reference names and current phone numbers. (Minimum of three (3) references.) · Proposed project schedule and milestones. . In a separate sealed envelop labeled "FEE PROPOSAL," include the consultant fee proposal for the project with cost breakdown of tasks and an hourly fee schedule. Please include a separate cost estimate for the additional audit of the disposal service facility, the Altamont Landfill, run by WM, as described above. SELECTION PROCESS 3 After reviewing the proposals, the City may conduct interviews with qualified firms. If the City chooses to conduct interviews, it will notify selected consultants after the proposal submittal date to arrange a time. If deemed necessary, interviews will be conducted during the first week of January 2007. The following criteria will be used in evaluating proposals: . Understanding of the project. . Education and experience of key personnel. . Quality of completed work. . Experience on similar projects. . Ability to meet schedules. It is anticipated that an agreement will be taken to the City Council for approval in January 2007, with work to commence immediately thereafter. THE CITY OF DUBLIN MAY REJECT ANY AND ALL PROPOSALS If there are any questions pertaining to this proposal, please contact Roger Bradley, Administrative Analyst, by phone at (925) 833-6650 or by email at roger.bradley@ci.dublin.ca.us prior to December 11, 2006. Attachment: Standard City of Dublin Consultant Services Agreement 4