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HomeMy WebLinkAboutStaff Report 3.B 04/18/2016DATE: April 18, 2016 Agenda Item #3.B TO: Honorable Mayor and Members of the City Council through City Manager FROM: D n S . SCE —Director, Public Works and Utilities Department SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services Agreement with R3 Consulting Group, Inc., to Provide the City of Petaluma with an Audit of Franchise Agreement Holder Petaluma Refuse & Recycling Inc. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution Authorizing the City Manager to Execute a Professional Services Agreement with R3 Consulting Group, Inc., to Provide the City of Petaluma with an Audit of Franchise Agreement Holder Petaluma Refuse & Recycling Inc. BACKGROUND Petaluma Refuse & Recycling Inc. (PRR) has been the exclusive franchise hauler of refuse and recycling for the City of Petaluma since March 1, 2010. On January 7, 2013, a new franchise agreement was adopted by City Council and is in effect until December 31, 2027. As per the franchise agreement, Section 12.4, the City has the right to conduct up to seven audits of PRR. Although the City receives and staff reviews quarterly and annual reports addressing operational and financial metrics, to date the City has not performed a formal audit of PRR. To conduct an audit the City must first provide a resolution authorizing the City Manager to execute a professional services agreement with a qualified solid waste auditing firm, such as R3 Consulting Group, Inc. DISCUSSION The proposed audit will be the first formal audit conducted on PRR and the franchisee PRR is responsible to reimburse the City for 100% of the audit costs. The audit is recommended to: • Verify that customer billings and City - approved maximum service rates have been properly calculated. • Determine the accuracy of the Refuse Rate Index calculations and rate adjustments based on them. • Verify that the franchise fees and other franchise payments required to be paid to the City under this franchise agreement have been properly calculated and paid. • Verify compliance with the franchise agreement reporting requirements. • Verify compliance with the performance standards of the franchise agreement. • Verify the diversion percentages reported. R3 Consulting Group, Inc. (R3) is recommended to conduct the audit because of their detailed knowledge and experience with solid waste management in Petaluma and Sonoma County. R3 advised the City during the renegotiation and development of the new franchise agreement in 2012 and 2013, including performing a full performance audit on PRR. They evaluated the pros and cons of the City's involvement in the Sonoma County Waste Management Agency in 2015 and are now finalizing a similar audit to the one proposed for the City of Santa Rosa. This audit will focus on the quantifiable measures related to garbage, recyclables, and green waste collection and disposal. The franchise agreement calls for a full performance audit, which will go further and address quality of service measures in 2017 and 2022. While the proposed quantitative and financial audit is not specifically scheduled in the franchise agreement, up to seven audits over the 15 -year contract time may be performed, which equates to roughly one every 2 to 3 years. As we are beginning the 4th year of the new franchise agreement, it is recommended that the City initiate the audit provision and award a professional services agreement to R3 to provide the technical services. FINANCIAL IMPACTS The audit cost is $34,310 and is included in the FY 16117 Solid Waste cost center proposed budget under account number 2411.24113.54140. Audit costs are to be reimbursed by PRR as per Section 12.5 of the franchise agreement with the City, resulting in no financial impact to the City. ATTACHMENTS 1. Resolution 2 Attachment 1 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R3 CONSULTING GROUP, INC., TO PROVIDE THE CITY OF PETALUMA WITH AN AUDIT OF FRANCHISE AGREEMENT HOLDER PETALUMA REFUSE & RECYCLING INC. WHEREAS, Petaluma Refuse & Recycling Inc. (PRR) has a franchise agreement to provide refuse and recycling for the City of Petaluma approved by City Council under Ordinance 2448 N.C.S., dated January 7, 2013; and WHEREAS, Section 12.4 of the franchise agreement provides the City with the ability to audit PRR up to seven times during the franchise agreement, which is in effect until December 31, 2027; and WHEREAS, the projected cost of the audit is not to exceed $34,310 of which the franchisee PRR is responsible to pay 100% of the audit costs in accordance with Section 12.5 of the franchise agreement; and WHEREAS, the audit is budgeted in the FY 16/17 budget proposal for the Solid Waste cost center, 2411.24113.54140; and WHEREAS, R3 Consulting Group, Inc., has extensive knowledge and experience with solid waste management for Petaluma and within Sonoma County, has successfully completed a number of key assignments for the City, and has submitted a proposal to the City for the requisite audit services in the amount of $34,310, which is considered fair and appropriate for the scope of services. NOW, THEREFORE, BE IT RESOLVED the Council of the City of Petaluma hereby: 1. Authorizes the City Manager to execute a professional services agreement with R3 Consulting Group, Inc. to conduct an audit of PRR for cost of $34,310; and 2. Authorizes the City Manager to sign any documents required to execute a professional services agreement with R3 Consulting Group, Inc. to conduct an audit on PRR on behalf of the City of Petaluma.