HomeMy WebLinkAbout23935 RESOLUTION NO. 23935
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, MAKING FINDINGS AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
WASTEWATER SERVICES AGREEMENT (OPERATIONS
& MAINTENANCE) WITH VEOLIA WATER WEST
OPERATING SERVICES, INC., FOR AN INITIAL TERM OF
FIVE (5) YEARS EFFECTIVE JANUARY 1, 2016,
THROUGH DECEMBER 31, 2020, AND APPROVING AND
ORDERING THE FILING OF A CEQA NOTICE OF
EXEMPTION. A6804.
WHEREAS, Chapter 1040 of the 1996 Statutes and Amendments to the Codes,
approved September 28, 1996, as Chapter 14, "Infrastructure Financing," commencing
with Section 5956, added to Division 6 of Title 1 of the California Government Code,
(hereinafter the "Code"), with the specific legislative intention that local governmental
agencies have the authority and flexibility to utilize private investment capital to study,
plan, design, construct, develop, finance, maintain, rebuild, improve, repair, or operate,
or any combination thereof, fee-producing infrastructure facilities; and
WHEREAS, pursuant to Section 5956.2 of the Code, the Legislature created a
new and independent authority for local governmental agencies to utilize private sector
investment capital to study, plan, design, construct, develop, finance, maintain, rebuild,
improve, repair, or operate, or any combination thereof, fee-producing infrastructure
facilities, and that this Legislative authority may be used by local governmental entities
when they deem it appropriate in the exercise of their discretion; and
WHEREAS, Section 5956.5 of the Code states that fee-producing infrastructure
projects may be proposed by the private entity and selected by the governmental
agency at the discretion of the governmental agency, and may be proposed and
selected individually or as part of a related or larger project with a competitive
negotiation process utilizing, as the primary selection criteria, the demonstrated
competence and qualifications for the studying, planning, design, developing, financing,
construction, maintenance, rebuilding, improvement, repair, or operation, or any
combination thereof, of the facility at fair and reasonable prices to the user of the
infrastructure facility services, and shall not require competitive bidding; and
WHEREAS. Section 5956.5 of the Code further states that the governmental
agency soliciting proposals for fee-producing infrastructure projects is not subject to any
other provisions of the California Public Contract Code or the California Government
Code that relates to public procurements; and
WHEREAS, the City of Palm Springs, (hereinafter the "City"), owns and is
currently operating a publicly owned Wastewater Treatment Facility, (the "Treatment
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Facility"), a sanitary sewage collection system (the "Sewage Collection System"),
sewage pump stations ("Lift Stations"), and miscellaneous sanitary storm drain systems,
(the "Down and Under System"), collectively defined as the "Sewer Infrastructure'; and
WHEREAS, pursuant to a Request for Proposals issued by the City in November
1998 pursuant to the Code, the City entered into that certain Wastewater Services
Agreement No. 4123, dated as of July 30, 1999, with US Filter Operating Services, Inc.,
(the "Existing Sewer Agreement"), subsequently assigned by a corporate reorganization
to Veolia Water West Operating Services, Inc., ("Veolia"), to perform the operation and
maintenance services associated with its Sewer Infrastructure, including administration
of various related programs, (collectively defined as the "Sewer Services"); and
WHEREAS, the Existing Sewer Agreement had an initial term through June 30,
2005, which was subsequently extended through June 30, 2006; and
WHEREAS, on June 21, 2006, pursuant to the legislative authority granted to the
City under the Code, and pursuant to a final evaluation of the effectiveness of Veolia's
performance of the Sewer Services, the City approved an Amended and Restated
Wastewater Services Agreement with Veolia, (the "Amended Sewer Agreement"), with
an initial term through June 30, 2013, subject to a Performance Review Term Extension
available through June 30, 2018; and
WHEREAS, in 2013 the City completed a Performance Review associated with
Veolia's Sewer Services, (the "Performance Review"), which determined that the Sewer
Services Veolia are rendering are in general conformance with all the requirements of
the Amended Sewer Agreement and with good industry practices, that the existing
Sewer Infrastructure are aged but remain functional and are maintained and renewed
regularly, that the maintenance management systems and technology utilized by Veolia
are considered best in class with features such as GIS collection mapping and CCTV
inspections, and that the monitoring, documentation and reporting appear to be
compliant with current regulatory requirements; and
WHEREAS, on November 6, 2013, a final report on the Performance Review
was provided to the City Council, with direction given to the City Manager to enter into
negotiations with Veolia on a new agreement for Sewer Services, (hereinafter the "New
Sewer Agreement"); and
WHEREAS, pursuant to the legislative authority granted to the City under the
Code, and pursuant to the Performance Review documenting the continued
effectiveness of Veolia's performance of the Sewer Services pursuant to the Amended
Sewer Agreement, the City and Veolia have negotiated on the terms and conditions of
the New Sewer Agreement, and
WHEREAS, performing operation and maintenance services on the City's Sewer
Infrastructure is considered a "Project" as defined by the California Environmental
Quality Act ("CEQA"), in that a "Project" means the whole of an action, which has a
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potential for resulting in either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment; and
WHEREAS, Section 21084 of the California Public Resources Code requires
Guidelines for Implementation of CEQA, (the "CEQA Guidelines"), which are to include
a list of classes of projects which have been determined not to have a significant effect
on the environment and which are exempt from the provisions of CEQA; and
WHEREAS, in accordance with Section 15301 "Existing Facilities," of the
California Code of Regulations, Class 1 projects consist of the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public or
private structures, facilities, mechanical equipment, or topographical features, involving
negligible or no expansion of use beyond that existing at the time of the lead agency's
determination; and
WHEREAS, Class 1(b) projects include the operation, repair and maintenance of
existing facilities of public-owned utilities used to provide sewerage or other public utility
services; and
WHEREAS, approval of the New Sewer Agreement with Veolia will authorize
Veolia to perform the required Sewer Services associated with the Sewer Infrastructure,
and is therefore considered Categorically Exempt from CEQA; and
WHEREAS, on November 4, 2015, the City Council carefully considered all of
the evidence associated with the New Sewer Agreement with Veolia, including public
testimony received, and approved the actions as presented herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
FINDS AND RESOLVES AS FOLLOWS:
SECTION 1. The facts set forth in the Recitals above are true and correct, and
are made a part of this Resolution.
SECTION 2. Operation and maintenance of the City's Sewer Infrastructure is
considered an infrastructure project to be implemented under the legislative authority
granted to the City pursuant to Chapter 14, "Infrastructure Financing," commencing with
Section 5956, of the California Government Code.
SECTION 3. The Wastewater Services Agreement for operation and
maintenance with Veolia Water West Operating Services, Inc., commencing on January
1, 2016, for an initial term of five (5) years through December 31, 2020, is considered
the type of infrastructure financing agreement to be entered into with private entities
pursuant to Section 5956.4 of the California Government Code.
SECTION 4. Approval of the Wastewater Services Agreement for operation and
maintenance with Veolia Water West Operating Services, Inc., commencing on January
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1, 2016, for an initial term of five (5) years through December 31, 2020, is being made
in the best interest of the City.
SECTION 5. The Wastewater Services Agreement, (Agreement No. A6804), for
operation and maintenance with Veolia Water West Operating Services, Inc.,
commencing on January 1, 2016, for an initial term of five (5) years through December
31, 2020, is hereby approved.
SECTION 6. The City Manager is hereby authorized to purchase new vehicles
as identified on Schedule S of Agreement No. A6804, in amounts not to exceed the
estimated total cost of $1,500,000 subject to the annual budget adopted by the City
Council in the Wastewater Fund for motor vehicles in Account No. 420-6800-50020, and
is further authorized to conduct the appropriate bid processes, or utilize cooperative
purchase contracts if available, in accordance with Procurement procedures, and is
further authorized to execute all necessary documents, including all Purchase Orders
for the approved vehicles.
SECTION 7. The City Manager is hereby authorized to issue and execute
Purchase Orders and all necessary documents associated with the Sewer Services to
be provided pursuant to Agreement No. A6804 during the term thereof, in amounts not
to exceed the annual budget adopted by the City Council in the Wastewater Fund.
ADOPTED THIS 4T" DAY OF NOVEMBER, 2015.
David H. Ready, City M er
ATTEST:
mes Thompson, City Clerk
Resolution No. 23935
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 23935 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 4th day of November,
2015, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember
Mills, Mayor Pro Tem Lewin, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk /
City of Palm Springs, California