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File Number: 23-253 <br />to the Franchise. The amendment included a provision to extend the term of the agreement to <br />January 31, 2025 in conjunction with the transition to a natural gas-powered collection services <br />fleet. <br />In December 2022 the City’s Procurement Team in the Public Works Department began <br />discussions with representatives from ACI for a short-term extension of the Franchise for the <br />purpose of providing sufficient time to conduct a procurement process for a new franchise <br />agreement once the current contract expires. The proposed Fifteenth Letter Amendment to the <br />Franchise is the result of those discussions and provides for a procurement pathway for <br />potentially a new agreement. <br />Analysis <br />Per the amendment, the City will initiate a two-step procurement process in which sole source <br />negotiations are initiated with ACI, followed by a competitive procurement process if the sole <br />source negotiations are not successful. <br />The City and ACI will proceed to negotiate a new franchise agreement having a minimum term of <br />ten (10) years, with the mutual intent of presenting the agreement to the City Council for approval <br />no later than May 15, 2024. If the City Manager determines that more time is required to continue <br />such negotiations or if an agreement cannot be reached, the City Manager has the sole option to <br />extend the expiration date of the agreement to midnight on January 31, 2027. The City must give <br />ACI written notice to exercise the extension option no later than August 31, 2024. <br />On February 6, 2023, the City Council approved Resolution No. 2023-011 for a Communication <br />and Integrity Policy that established procedures for interactions among stakeholders during the <br />procurement process to ensure that the process is fair and transparent. ACI will be a party to the <br />policy when the Fifteenth Letter Amendment is approved and executed. <br />As part of the discussions with ACI, the Procurement Team communicated the City’s intent to <br />explore options for post-collection material processing and disposal services that may result in <br />contracts apart from the future franchise agreement. Representatives from ACI have <br />acknowledged that the City may explore contracting these post-collection services with other <br />parties. The terms of the Fifteenth Letter Amendment do not preclude the City from exploring such <br />options. <br />Previous Actions <br />·Resolution No. 2023-011 for a Communication and Integrity Policy for Solid Waste <br />Contract Procurement <br />ATTACHMENTS <br />Attachment A: Resolution for Amendment 15 to Franchise Agreement <br />Attachment B: Amendment 15 to Franchise Agreement <br />Attachment C: Communication and Integrity Policy for Solid Waste Contract Procurement <br />Page 2 City of San Leandro Printed on 5/31/2023