ATTACHMENT #1
DPW: 810-40\etm\ev\\Council\2024\070224\First Amendment to SWFA Att 1.docx
FIRST AMENDMENT
TO COLLECTION SERVICES AGREEMENT
FOR THE PROVISION OF
RESIDENTIAL AND COMMERCIAL
SOLID WASTE, RECYCLABLE MATERIALS AND ORGANICS COLLECTION
SERVICES
Contract No. 12672-2021
This First Amendment (“Amendment”) is dated this 2nd day of July, 2024, by and between the City of Thousand Oaks, a municipal corporation (“City”), and Arakelian Enterprises, Inc. DBA Athens Services (“Contractor”). City and Contractor may hereinafter be individually referred to as “Party” or collectively as the “Parties.”
RECITALS
A. WHEREAS, City and Contractor are parties to that certain Collection Services Agreement for the Provision of Residential and Commercial Solid Waste, Recyclable Materials and Organics Collection Services effective January 1, 2022 (“Agreement”); and
B.WHEREAS City is in need of adding language to the contract to comply with the requirements of the Levine Act; and
C. WHEREAS, the Parties have determined that it is mutually beneficial to clarify some terms pertaining to the provision of services specified in this Amendment, while keeping all other terms intact.
NOW, THEREFORE, in consideration of the promises and covenants contained herein, the above recitals, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows:
TERMS
1. Food Recovery Program Plan Payment. A new Section 18.09.1 is hereby added to the Agreement as follows:
18.09.1 Food Recovery Program Payments. Contractor shall provide financial support for edible food recovery in the City in the amount of $12,500, increased annually by two and one-half percent (2.5%) (“Food Recovery Program Payments”). The Food Recovery Program Payments shall be disbursed by Contractor annually by December 31 each year beginning in 2022, to provide direct assistance to the community in accordance with and in satisfaction of Contractor’s support obligations specified in Section 18.09 above and Exhibit 12 (Sustainability and Compliance Plan).
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2. Reimbursement for the Annual Subscription Cost for Waste Reporting System. Section 3.06.4 is hereby deleted in its entirety and replaced with the following:
3.06.4 Reimbursement for the Annual Subscription Cost for Waste Reporting System. Contractor shall reimburse City annually for cost of subscription to Waste Reporting System software services, not-to-exceed $25,000 per year annually adjusted for CPI. Payment is due within thirty (30) days of receipt of invoice.
Notwithstanding the foregoing, in lieu of a subscription to Waste Reporting System software, Contractor may elect to provide City with access to and any necessary training for use of a comparable Contractor-hosted and City-approved Waste Reporting System.
3. Community Program Support. Section 3.06.5 is hereby deleted in its entirety and replaced with the following:
3.06.5 Community Support Program. Contractor shall provide support to the community in accordance with that certain Memorandum of Understanding (Contract No. 13176-2023), as may be amended, and which is incorporated by reference herein, equal to $200,000 per year for the Term, including any extension of the Term in accordance with Section 2.02.
4. Payments and Fees. Section 3.06 is hereby renamed from “Contractor’s Payments to City” to “Payments and Fees”, and Section 3.06.13 is hereby added to read as follows:
3.06.13 Landfill Facility Fees. The City shall reimburse the Contractor quarterly for Facility Fees received by the City from the Simi Valley Landfill under the City’s Landfill Agreement with Waste Management of California, Inc. (Contract # 4335- 99).
5. Adjustments to Maximum Service Rates. Section 4.05 is hereby amended to read as follows:
4.05 Adjustments to Maximum Service Rates using Consumer Price Index (CPI).
Beginning on January 1, 2023, and annually thereafter, Contractor shall, subject to compliance with all provisions of this Section, receive an annual adjustment to all rates as set forth in Exhibit 1 to this Agreement.
6. Collection Vehicles. The first sentence of Section 16.01.3 is hereby deleted in its entirety and replaced with the following:
Contractor must use new Collection Vehicles at the start of this Agreement and may not use any Collection Vehicle that is more than fifteen (15) years old during the term of the Agreement.
7. Quarterly Reporting; Additional Reporting Items. A new Section 20.02.2(9) is hereby added to the Agreement as follows:
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9. Additional Reporting Items. The quarterly report shall include data addressing alternative fuel usage, Large Item (Bulky Waste) collection, HHW home collection, vehicle mechanic fluid leaks (hydraulic spills), free landfill day, street sweeping, traffic accidents, and landfill Facility Fees paid by Contractor to Simi Valley Landfill.
8. Street Sweeping Services; Residential Streets. Exhibit 7, Section E.7.09.1.2 is hereby deleted in its entirety and replaced with the following:
E7.09.1.2 All private residential streets within the City limits except streets within MFD-C areas, provided that Contractor obtains access from the Home Owners Association on mutually agreeable terms and conditions. Individual Home Owners Associations may negotiate directly with Contractor for more frequent street sweeping at the Home Owners Association’s sole expense.
9. HHW Home Collection Operations Plan. All references to IDR Environmental Services or Veolia Environmental Services are hereby deleted or substituted by “designated subcontractor” where appropriate.
10. Levine Act. A new Section 37.03 is hereby added to the Contract in compliance with requirements of the Levine Act which shall read as follows:
37.03 LEVINE ACT COMPLIANCE
California Government Code section 84308 (Levine Act) prohibits any Thousand Oaks City Council member from participating in any action related to a contract, agreement, or franchise agreement if the councilmember receives a campaign contribution totaling more than $250 (aggregated) from the party to the contract, agreement, or franchise agreement, an agent of the party, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months. Councilmembers must also disclose any eligible campaign contribution received on the record of the proceeding.
Councilmembers are also prohibited from soliciting, accepting or directing campaign contributions totaling more than $250 (aggregated) from the applicant or party, an agent of the applicant/party, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months, and for twelve (12) months following the date a final decision on the contract/agreement is made.
The Levine Act also required parties to a contract, agreement, or franchise agreement to disclose any campaign contribution over $250 (aggregated) within the preceding twelve (12) months by the party to the agreement, contract, or franchise agreement. The Levine Act does not apply to competitively bid, labor, or personal employment contracts.
In order to assure compliance with these requirements, Party/Consultant/Service Provider has provided the disclosure requirements identified in the Levine Act DPW: 810-40\etm\ev\\Council\2024\070224\First Amendment to SWFA staff Att1.docx
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Disclosure Form, attached as Exhibit 16, incorporated herein by reference, and Contractor verifies by its signature that it has completed Exhibit 16 in compliance of these requirements.
Contractor shall also be responsible for understanding and complying with requirements of Government Code section 84308, which prohibits parties to a contract/agreement, as well as their agents and representatives, from contributing more than $250 (aggregated) to a City Council member of the City of Thousand Oaks for the 12 months prior to the award of this Agreement, and for the 12 months following award of this Agreement. Where applicable, Contractor shall disclose any post award campaign contributions prior to seeking an amendment to this Agreement.
11. Amendment Effective Date. Except as otherwise specified in this Amendment, the Amendment shall be effective as of July 1, 2024 with the same force and effect as if this Amendment had been executed on that date.
12. Due Execution. The person(s) executing this Amendment on behalf of a Party hereto warrant(s) that (i) such Party is duly organized and existing; (ii) such person(s) are duly authorized to execute and deliver this Amendment on behalf of said Party; (iii) by so executing this Amendment, such Party is formally bound to the provisions of this Amendment; and (iv) entering into this Amendment does not violate any provision of any other agreement to which said Party is bound.
13. Entire Agreement. This Amendment contains the entire agreement and understanding between the Parties with respect to the subject matter of this Amendment and supersedes any and all prior or contemporaneous oral and written representations, warranties, agreements, and understandings between the Parties concerning the subject matter of this Amendment.
14. Full Force and Effect. Other than as set forth in this Amendment, the terms of the Agreement shall remain unchanged and in full force and effect. In the event of any conflict between the Agreement and this Amendment, this Amendment shall apply.
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IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first set forth below.
ARAKELIAN ENTERPRISES,
INC. DBA ATHENS SERVICES
_____
Ron Arakelian III
Executive Officer
_____
Adam Arakelian
Executive Officer
CITY OF THOUSAND OAKS
_____
Al Adam, Mayor
ATTEST:
__________
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
__________
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:
_ __________
Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
__________
Tracy Friedl, Assistant City Attorney
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EXHIBIT 16
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