Fremont City Council Meeting: 09/19/23 07:00 PM
3300 Capitol Avenue Div/Dept: Environmental Services
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4995) DOC ID: 4995
Updated: 9/13/2023 1:27 PM by Susan Gauthier Page 1
CONTRACT AMENDMENT FOR ORGANIC WASTE TECHNICAL ASSISTANCE - Authorize the City Manager or Designee to Execute an Amendment to the Organic Waste Technical Assistance Services Agreement with APTIM Environmental & Infrastructure, LLC, Extending the Agreement through June 30, 2024 and Increasing the Not-to-Exceed Amount from $96,018 to $150,000.
Contact Persons:
Name: Allyn McAuley Suzanne Wolf
Title: Environmental Specialist II Community Services Director Div/Dept: Environmental Services Community Services
Phone: 510-494-4576 510-494-4329
E-Mail: [email protected] [email protected]
Executive Summary: In response to State legislation, many Fremont businesses have recently added organic waste to supplement garbage and recycling collection. Businesses new to this service often require startup assistance including onsite assessments, resources and training from the City and its partners to properly utilize the service. Improper usage can lead to heavy contamination of the garbage, recycling, and organic waste streams due to incorrect sorting. Environmental Services and Republic Services staff typically provide the necessary assistance, but additional staff resources are needed to meet the increased technical assistance demand from new subscriptions.
The City has utilized APTIM Environmental & Infrastructure, LLC (APTIM) for customer outreach to increase subscriptions to organics services and comply with State regulations.
The firm has proven to be a reliable contractor with a thorough understanding of the applicable State and local laws and an aptitude for assisting business to effectively utilize the City’s garbage, recycling, and organic waste collection programs. Staff is recommending leveraging their work to date and amending the existing outreach contract to include providing technical assistance to businesses starting or needing to improve their participation in organics service.
Staff is therefore recommending the City Council authorize the City Manager or her designee to execute an amendment to the APTIM agreement to add providing organic waste service technical assistance to businesses. The amendment would extend the term of the agreement through June 30, 2024 and increase the contract not-to-exceed amount from $96,018 to $150,000.
The increased services will be funded solely by already-acquired State SB 1383 Local Assistance Grant funds designated for improving organics waste diversion. There is no anticipated impact to the General Fund.
BACKGROUND: The State has passed several laws in recent years that have expanded the number of businesses that are required to divert organic waste like food scraps from landfill.
Current State and local regulations require every Fremont business to either have organic waste collection service or receive a waiver from the Alameda County Waste Management Authority for low generation of organic waste. Fremont’s franchised waste hauler, Republic Council Staff Report (ID # 4995) Meeting of September 19, 2023 Updated: 9/13/2023 1:27 PM by Susan Gauthier Page 2
Services, has provided organic waste collection service to businesses for many years, but the focus has historically been on high-organics generators such as large restaurants. Now that all businesses are included, the City must ensure that a substantial new volume of businesses are in compliance.
The Environmental Services Division is addressing this through several initi atives, including hiring APTIM in October 2022 to increase organics subscription rates. APTIM contacted over 300 businesses to assess waste generation and help them come into compliance. Specific assistance included educating business staff about the laws, assessing site conditions, evaluating waste generation, and either coordinating with Republic Services to initiate organics service or facilitating waivers of the obligation, as applicable.
The initial effort was so productive and effective that staff amended APTIM’s agreement through September 30, 2023, to include an additional 300 businesses. APTIM completed this additional work ahead of schedule. As a result, hundreds of Fremont businesses have added organic waste collection service within the last year. APTIM’s focus to date has been on outreach to add service rather than providing technical assistance.
DISCUSSION/ANALYSIS: Since a substantial number of businesses have recently started organic waste service, the City and Republic Services need extra help to provide the needed training and assistance to Fremont businesses. APTIM has already provided this type of service to some restaurants in Pacific Commons, leading to noticeable improvement in sorting of organic waste. Therefore, staff recommends extending the APTIM service agreement through June 30, 2024, to include providing this organic waste service technical assistance to these businesses.
APTIM’s obligations under the agreement are:
• Visit businesses to assist with indoor waste container setup, training, and resources such as signage to properly utilize their organic waste, recycling, and garbage services.
• Coordinate with Republic Services, StopWaste, and the City to obtain the needed resources for businesses and ensure the waste collection services are meeting their needs.
• Supplement onsite assistance with remote assistance via phone and email including providing helpful digital resources.
• Meet with City and Republic Services staff via web conferences monthly, or more often if needed, to provide status updates and strategize. • Log records of business outreach in the City’s online program tracker. • Provide services in non-English languages when applicable and available.
The City’s obligations under the agreement are:
• Supply the necessary resources for APTIM to meet the project objectives including outreach materials, introductions to City partners, and access to pertinent program records.
• Disburse monthly payments to APTIM for services rendered.
Council Staff Report (ID # 4995) Meeting of September 19, 2023 Updated: 9/13/2023 1:27 PM by Susan Gauthier Page 3
FISCAL IMPACT: The agreement with APTIM has been and will continue to be fully funded by already-awarded funds from the State’s SB 1383 Local Assistance Grant Program. There is no expected impact to the General Fund.
ENVIRONMENTAL REVIEW: The proposed agreement is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines:
1) §15061 (Review for Exemption) in that the activity is covered by the common sense exemption because it can be seen with certainty that there is no possibility that the agreement may have a significant effect on the environment, and 2) §15378 (Project) in that the proposed agreement is not a “project.”
ATTACHMENTS: None.
RECOMMENDATION: Authorize the City Manager or her designee to execute an amendment to Agreement 22-0333 with APTIM Environmental & Infrastructure, LLC, extending the agreement through June 30, 2024, and increasing the not-to-exceed amount from $96,018 to $150,000.