Agenda Related Items - Meeting of July 2, 2024
Supplemental Packet Date: July 2, 2024
THOUSAND OAKS CITY COUNCIL
Supplemental
Information
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2:30 p.m.
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T
O: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: July 2, 2024
SUBJECT: Item No. 9.P – First Amendment to Exclusive Solid Waste Franchise Agreement
Exhibit 16 for Attachment #1 of Item No. 9.P was inadvertently incorrect. The correct version is attached which includes the updated vendor indication of no campaign contributions totaling more than $250.
DPW: 810-40\ev\Council\2024\070224\First Amendment to SWFA\Supplemental\ Memo.docx 1 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 Service s (“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 Payment s. 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 Payment s 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 leak s (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. Councilmember s 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 Levi ne Act 4 DPW: 810-40\etm\ev\\Council\2024\070224\First Amendment to SWFA staff Att1.docx
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 see king 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 A greement. 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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8 From: John Platt <[email protected]>
Date: July 1, 2024 at 8:01:18 AM PDT
To: Al Adam <[email protected]>
Subject: Woods Maintenance Services Inc. Contract
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hello Mayor Adam,
My name is John Platt; I am a lifelong resident of Thousand Oaks and resident of your district. I have experience working in non-profit housing, including working for some time with Many Mansions, as well as a member of VC YIMBY. I am strongly and sincerely urging you to reject (Item K) the contract for Woods Maintenance Services Inc., or at the very least, to amend aspects of the agreement prior to its passage. I believe that Woods Maintenance's actual services amount to sweeps of homeless encampments in Thousand Oaks.
I agree that any current encampment needs to be clean, free of any drugs and toxins, and should not be filled with garbage and debris. It is not beneficial for the unhoused and the general public. But it is also not beneficial for unhoused people's belongings to be potentially thrown in the trash or taken from them without the ability to ever get them back.
I must also say that the size and quantity of encampments in this city are not on the level that a policy like this is necessary. Encampments are pretty difficult to find in TO unless you go out of your way. The encampment near Boardwalk Ave is well maintained and out of public view, while still being in a location close to social services, health care, and access to food and groceries.
I believe that this agreement is inhumane in that it provides for Woods Maintenance to conduct sweeps, and it appears that this company's interest is not in assisting people without anywhere else to go, but rather in punishing them. Nobody truly wants to sleep on the streets, and I think that this agreement would place a further undue burden upon people that are already struggling to live their day-to-day lives. Encampments allow people to at least have some sense of security that they will have a temporarily consistent place to return to each night, and a semi-secure place to store belongings while they may be free to seek out social services, healthcare, financial assistance, searching for employment, etc.
I truly commend your dedication and advocacy to building housing in Thousand Oaks and this is why I am writing to your office directly. Your leadership is truly admirable in a country and state that is extremely obtuse when it comes to discussions of building housing and homelessness services. But until more housing is built and until the new homeless services facility is constructed, I implore you to consider that there is nowhere else for You don't often get email from [email protected]. Learn why this is important TO COUNCIL: 07/02/2024
AGENDA ITEM NO.: 9K
MEETING DATE: 07/02/2024
9 some people to go. I believe that it is rash and dangerous to implement this company's services with the ruling in GRANTS PASS V JOHNSON effectively allowing cities the ability to criminalize homeless people for sleeping on the street, and I view this agreement as the first step in this process. I think you know as well that sweeps are extremely dangerous and don't really do anything to decrease homelessness; it just moves people away for them to be dealt with elsewhere. Or, to put it more bluntly, making it someone else's problem.
Thousand Oaks has the ability to set an example to the state of California that building more housing and taking a more compassionate and human approach to homelessness mitigation is a viable option.
If you wish to keep this contract with Woods Maintenance, I believe that it would be in the city's best interest to make a few changes to the agreement. This includes:
-Stipulating that people, tents, and any personal belongings (not including non- prescription drug paraphernalia, weapons, excessive trash etc.) cannot be forcibly taken from someone or thrown in the trash without the ability to be recovered or without their knowledge.
- Personal items should be able to be recovered at a location that is easily accessible by public transportation, or at least somewhere close to where it was recovered. It is not fair to make somebody trek across town to recover their property.
I also believe that investing in a system where unhoused people living on the street can have a place to keep their personal belongings in some form of locker or bin for short term storage. This would alleviate the stress of cleaning the encampments and the stress upon unhoused people who risk losing their livelihood. There is a nonprofit organization in Los Angeles called The Bin that provides free access for unhoused people to store their belongings in household trash bins in a clean space. Potentially adding something like this to the contract with Woods Maintenance or partnering with a local non-profit organization could be a more humane alternative to clean up our streets.
I really hope you consider what I have said in my message, and I profusely urge you and your colleagues on the City Council to reconsider using this company's services to sweep homeless encampments.
Thank you,
John Platt
10 Name City Item # In favor/ Opposed Comment
Roberta Ortiz-Platt 9 - Consent Calendar Opposed I have been a resident of Thousand Oaks for 35 years. I am urging you to vote against adopting the contract with
Woods Maintenance Services Inc. I believe that their
services will amount to sweeps of homeless encampments
and include the seizing of personal belongings. Those who may be forced to leave their belongings somewhere in
order to look for employment, and access healthcare or
social services are at a heightened risk of having their property seized without their knowledge and leaves them without a means of obtaining it again.
I urge you to vote against adopting this contract as it is written, and consider rejecting it or amending it to
implementing a more humane method to ensuring our
streets are safe and clean, while also treating those who have nowhere else to go with dignity and respect.
#TOSTRONG
TO COUNCIL: 07/02/2024
MEETING DATE: 07/02/2024
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