City Council Combined Special Meeting/Work Session

Return to the Search Page Return to the Agenda
Meeting Date: 05/23/2023  
Co-Submitter: Evan Tyrrell From: Ken Fergason, Cinder Lake Landfill Project Manager

Consideration and Approval of Contract:  Emergency Contract for the Purchase of Materials/Services with Joe Dirt Excavating, Inc. for emergency hauling services of commingled recyclables in an amount not to exceed $200,000.
  1. Ratify Contract No 2023-130: Emergency Contract for the Purchase of Materials/Services with Joe Dirt Excavating, Inc. for emergency hauling services of commingled recyclables in an amount not to exceed $200,000; and
  2. Authorize the City Manager to execute the necessary documents.
Executive Summary:
The City’s contractor for the Materials Recovery Facility (MRF) located at 1800 E Butler Avenue abruptly ceased operations on April 26, 2023. The City entered into emergency negotiations with the contractor who ran the facility and obtained control of the facility on May 4, 2023, through a Contract Termination Agreement that was approved by City Council and the former operator of the facility on May 3, 2023. During this time, the City was not in the position to be able to transport commingled recyclables to a different MRF (e.g., processing facility) for processing, recovery, and recycling. Upon transfer of control of the Butler property, it was necessary for the City to procure a contractor capable of loading and hauling the recycling material to MRFs in the Phoenix area.

Due to the urgency and need to procure a service to haul comingled recyclables to Phoenix-area MRFs, emergency procedures were utilized to procure an Emergency Contract after all other procurement avenues came out with no success. Joe Dirt Excavating, Inc. was selected and a contract negotiated and signed on May 4, 2023. Having this Emergency Contract in place allowed the City to resume the tipping of comingled recyclables at the Butler property for loading and transportation to Phoenix area MRFs on Monday, May 8, 2023.

The Solid Waste Department is working with the Procurement Department to write a formal solicitation for long term contract(s) to handle the City's needs.
Financial Impact:
The Emergency Contract life for this project is  for a 6-month duration at a value or cost not to exceed $200,000. For FY 2023-24, the Solid Waste Fund has $750,000 budgeted for the operation of the transfer station, transportation cost of the recyclables and the recycling processing cost net of any revenue offsets. If the cost of operating transfer station exceeds the budget, the Solid Waste Fund will be adjusting it's budget for FY 2023-24 to absorb these additional costs.
Policy Impact:
While this Emergency Contract does not directly affect City policy, it is essential for the City to maintain recycle services and to ensure that materials are recycled to their fullest extent possible. These services are a critical part of both public interest and the City’s Carbon Neutrality Plan.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
High Performance Governance
  • Serve the public by providing high quality customer service
Safe & Healthy Community
  • Foster a safe, secure, and healthy community
  • Develop alternative diversion programs
Inclusive & Engaged Community
  • Foster community pride and civic engagement
 Sustainable, Innovative Infrastructure
  • Utilize existing long-range plan(s) that identify the community's future infrastructure needs and all associated costs.
  • Deliver outstanding services to residents through a healthy, well maintained infrastructure system.
  • Provide effective management of and infrastructure for all modes of transportation.
Livable Community
  • Provide amenities and activities that support a healthy lifestyle
Environmental Stewardship
  • Actively manage and protect all environmental and natural resources
  • Increase the private sector's participation in environmental stewardship efforts
  • Promote, protect, & enhance a healthy, sustainable environment & its natural resources.
  • Implement, maintain and further the Climate Action and Adaptation Plan (CAAP)
Carbon Neutrallity Plan
  • Goal CR-2 – Strengthen existing community systems to create resilience to both short-term shocks and long-term change.
  • Goal ES-4 – Actively seek to recognize past harms, repair trust, and build deeper relationships with community members.
  • Goal MM-3 – Divert more waste from the landfill.
Regional Plan
  • Goal E&C.3 – Strengthen community and natural environment through climate adaptation efforts.
  • Goal PF.1 – Work across all government operations and services to prepare for the impacts of natural and human caused hazards.
Goal PF.2 – Provide sustainable and equitable public facilities, service, and infrastructure systems in an efficient and effective manner to serve all population areas and demographics.
Has There Been Previous Council Decision on This:
No decision has been directly made on this Contract. However, on May 3, 2023, Council approved the Termination of Lease, Construction, and Service Agreement between City of Flagstaff and Norton Environmental, Inc., which reverted control of the Butler property and recycling operations to the City.
Options and Alternatives:
  1. Approve the Emergency Contract for the Purchase of Materials/Services as recommended; or
  2. Approve the Emergency Contract for the Purchase of Materials/Services with an decreased scope of work; or
  3. Reject the Emergency Contract for the Purchase of Materials/Services and direct Staff to conduct a formal solicitation.
Without emergency trucking services that are capable of hauling co-mingled recyclables to Phoenix-area MRFs, the City will not be able to recycle its co-mingled recyclables that are collected by the City’s Solid Waste Section. The only option available to the City would be to deliver the co-mingled recyclables to the Cinder Lake Landfill for disposal.
There is a planning committee consisting of representatives throughout Team Flagstaff that is working on long-term plans and strategies for recycling in the City and utilization of the former MRF property. Additional contract proposals and options will be brought to the City Council throughout the next few months.
Expanded Financial Considerations:
An alternative Contract for the Purchase of Materials/Services is under consideration that would provide another hauling and recycling processing service. Once executed at a later date the supplemental option may be more cost-effective for the City and provide a longer window for this transition period, however for the immediate situation, this Emergency Contract for the Purchase of Materials/Services with JDE is essential to keeping the City’s recycling program operational.
Community Benefits and Considerations:
The City’s recycling program will remain operational, which will support the City’s waste diversion and carbon neutrality goals.
Community Involvement:


Level double AA conformance,
                W3C WAI Web Content Accessibility Guidelines 2.0

AgendaQuick ©2005 - 2023 Destiny Software Inc. All Rights Reserved.