Supplemental Packet 1 Part A — Thousand Oaks City Council, March 24, 2026 (part 5 of 28)

Key provisions of the new Agreement include:
• All new clean‐fuel vehicles (vehicles to be powered with renewable natural gas or electric).

The chart on page 173 of the Contract indicates that Athens will use 34 Autocar ACX64 trash trucks in their mix of 46 vehicles. The manufacturer offers a choice of Diesel or CNG/LNG engines. That rules out electric trash trucks.

The question is: what is meant by “renewable natural gas”, how is it different from CNG, where do they get “renewable natural gas” and can it power the Autocar ACX64, or will Athens use CNG and not use a renewable fuel as stated in the report?

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Solid Waste: Calabasas Landfill
Recyclables: Sun Valley Materials Recovery Facility
Green and Organic Waste: American Organics (Victorville)Depending on route used, the roundtrip to American Organics (20055 Shay Rd, Victorville, CA 92394) is either 244 or 266 miles. This number of miles per truck per day will generate a significant amount of Greenhouse Gas (GHG) from the fuel burned.

The question is: How many trips per day to Victorville are estimated, has the GHG from these long hauls been calculated, and why can’t they use a closer, more climate friendly composting site for green and organic waste – such as in Ventura County? Tom lucas 9A In favor You’ve done a great program and they’re very affordable and for blueprint of where the trash is going to be hauled and they’ve got a great recycle program we can’t afford to go with anyone else
Jennifer Mundy Newbury Park 9A Opposed For the last 9 years as a parent and teacher I have brought young students and families to the WM Landfill tour. This tour has taught so many families about trash and recycling and really valuing the environment in which we live. This experience is unlike any other in the area. Waste Management should be able to continue to provide valuable services to the community.

Alissa French Thousand Oaks 9A Opposed WM has provided tours for my children to first hand see what is done with our trash. When I tell my kids to recycle, they understand what I mean because they have seen the trash being buried at the landfills. My children have incredibly fond memories of these field trips and have learned so much about our earth, our community, the part we take in our futures and much more. WM has been an integral part of our community and should continue to do so. Thank you, Alissa
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Name (Opt) Community of Residenc Item # In favor/ Opposed Comment Heather Farrell Thousand Oaks 9A Opposed I am both a customer of WM and am a high school AP Environmental Science Teacher at TOHS and I am writing today to implore you to keep Waste Management and EJ Harrison as our provider.

As a teacher I have been visiting the landfill with my students for the last 5 years through their landfill tour education program. This is by far the best field trip I have ever taken my students on in all my 17 years of teaching. I look forward to it each year and there is nothing like having a local facility available for us to attend for free. My students love it, and they talk about it all the time. I even have students come back when they go to college and talk about it and how amazing the tour was. They learn about methane capture and reuse, how the trash is processed, how the recyclables are separated, how it smells like Christmas when all the Christmas trees come in January, for natural abatement programs, how they line a landfill to protect the soil and groundwater, and habitat gardens to bring in biodiversity, they learn what is recyclable and what is not, and I could keep going but I think you get my point. I would be heartbroken for myself and my students if we were no longer able to utilize this resource for our students to show them how their trash in their house gets processed. I think it is vital for a sustainable tomorrow that our youth understand sustainability and waste. The tours with Lisa Hemenway over at WM are life changing and bring perspective to a throwaway society.

I am well aware of the City of Thousand Oaks trying to become more "green" and I would have to say that by dropping WM and approving this new provider would be going against that mission.

As a customer I have nothing but good things to say about WM and their service. They have been on time, efficient, and accommodating at every turn.Please keep WM and EJ Harrison as our provider and do NOT approve this agreement with Athens. 9A Opposed I wanted to comment on an aspect of Waste Management that might have been overlooked. The educational landfill tour program is a unique learning opportunity WM provides for children as well as adults. I was fortunate to attend the tour with my 2 children. We boarded a WM bus atthe Simi landfill and were taken around the site.

We learned a lot about what happens once our cans are picked up from our curb. Seeing the many trucks dumping the trash into the landfill inspired us to reduce what ends up in our trash can. We learned about the recycling process and about how WM uses falcons at the landfill. My kids loved seeing the falcon on board the bus and then seeing it in flight. I believe the WM landfill tour program is a unique educational opportunity and can inspire people to take better care of our environment.

Keisha Crum Thousand Oaks 9A Opposed I'm no fan of Waste Management but I started looking at this other company Athens and yes it looks like a great deal but a lot of the cities they services they have started out at a very low rate but then came back a year or two later and asked for very large increases. Some of the cities they are charging over $38.00 per home per month. How can they give us this low rate but not do the same for the other cities they services? Also I thought the Calabasas Landfill was closing in 5 years then where are they going to take our trash? It appears they have a landfill near the Redlands but that's along way are they going to come back in a few years and say they need to move our trash then charge us more. I would ask your consultant to put us a rate comparison together of where Cities started in price with Athens and Waste Management and show us progression to todays price. Also are they going to sweep our streets for this price and was Waste Management going to sweep our streets for the price they bid? Athens also promised all these waste coordinators for our city but it does not say actually how many and are they going to office in Thousand Oaks. I only spent 20 min looking at them on the internet to see that they go in low and raise rates fast even when the contract has a fixed price increase. It appears they just asked Beverly Hills for a very large rate increase. Please ask the question and thank you for your time to serve our great community.
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Name (Opt) Community of Residenc Item # In favor/ Opposed Comment Aaron Budiman 9A Opposed City Council Members,
I oppose the recommendation to select Athens Services as the city’s solid waste provider. Waste Management/GI Industries has served Thousand Oaks for over 50 years, and with a city of this size, experience should matter greatly to the council. The staff at GI are part of the community, and almost all of the management team has been working with Thousand Oaks for 25 years or more. People like Mike Smith and Steve Lee have demonstrated countless times that they are willing to drop whatever they are doing, even on weekends and holidays, to ensure the residents and businesses of TO receive great service. That is experience and dedication that no company can put a price tag on.

Some may think that displacing the current WM drivers in TO means these same dedicated employees will simply transfer over to the new company and continue servicing the city. That will unlikely happen. Many drivers in Thousand Oaks have been proudly working the same routes for over 20 years. These veteran drivers won’t likely change companies; they will be moved to other cities in the area. Thousand Oaks would lose the great frontline drivers who have built relationships with their customers for so many years.

WM/GI is local to Thousand Oaks, and being only 10‐15 minutes away makes it much easier for them to service the city, especially in urgent needs. When the city was in need of assistance during disasters like the fires, GI worked tirelessly to help TO recover from the crisis. Whether it is disaster clean ups or community events, GI has been there for the city. Thousand Oaks is truly blessed to have received such great service from both WM & EJH, and that should not be taken lightly by council.

Please do not throw away the relationship that the city has built with WM. The dedication that GI’s team has, from managers to drivers, is built on years of hard work and a true love for the city. Both WM & EJ presented similar pricing points, and their many years of serving the city should demonstrate that these prices are a more accurate reflection of what they know best fits TO. Why trust the outsider when there are two great companies already here? WM will not fail TO, and I think the dedication and hard work that they have brought to the city everyday for over 50 years is worth every cent to the residents & businesses.

Thank you for your time, and I hope you take my comments into serious consideration.

Michael McGillivary Westlake Village 9A Opposed I read the Acorn story yesterday. It did not mention curbside bulky item pickup like we have now. I trust it is included, that's a very important service.

I am also very distressed to hear the trucks ( how many per day?) will be coming from Sun Valley while the city pursues it's goal of reducing auto emissions. Guess the air in LA County is not our concern.

What rates does this new Co pay it's workers, and how does it compare to WM (including benefits)? 15 years is very long time for anything. I hope there are performance clauses and escape clauses.

What happens if Calabasas jacks up their dump fees?
Is there a comparison and summation analysis prepared by staff for the council that residents can see? I would look at it; you have my email.

Thank you
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Name (Opt) Community of Residenc Item # In favor/ Opposed Comment Mark Jacobsen Thousand Oaks 9A Opposed Not having been privy to the components of why this recommendation was made to the Council, I hope the following were sufficiently researched:1. Pricing should not be the only consideration.

2. WM/Harrison employees will be hired by the new contractor, but at what rate? Will it be so low that people will either lose their relied upon income or force them out of their position into something else in their quest to regain lost income.

3. Trash will now be taken a further distance, increasing the vehicular trip count and vehicle emissions for the City and County.

4. What will become of the relationship WM has with Agromin to process organics? What will become of the Agromin process that was partially reliant on WM income of material, if organics will now go to Calabasas?

5. Does the Calabasas location handle all the recyclables and organics as needed?6. What is the feedback from the other municipalities? Is the service as good as Athens promises it to be? Gelson's Markets 9A Opposed As a Grocery Store, it is nothing short of paramount that trash pick‐up be as efficient and timely as humanly possible. Waste Management/GI Industries was already doing a spectacular job before the COVID‐19 pandemic, but the effects of said pandemic have only increased the importance of their unfortunately oftentimes thankless service. When our company is forced to reach out with emergency calls and special requests for extra bins, we know we will be met with fulfillment because Waste Management/GI Industries’ commitment to excellent service has NEVER WAVERED; and our gratitude for this commitment cannot be overstated. 9A Opposed I would like to see the city council stay with Waste Management. They have provided wonderful service to our city for many years and I am completely satisfied with them. Waste Management also has a reputation for treating their employees much better than Athens Services and I would feel much happier knowing that our dollars are going to a company with a reputation for treating employees well. 9A Opposed I would like to see Waste Management remain our trash and recycling hauler. I have been very satisfied with their service over the years and I feel they deserve to keep the contract even with a price increase.

Jeri Weinstein Newbury Park 9A Opposed I am 100% opposed to hiring Athens as our new waste management company. They engaged in and were complicit in corruption in the City of Montebello for which there is still ongoing litigation. That tells me there is corruption elsewhere that has not been discovered. Their service record is spotty. I would rather pay more to have a Ventura County Company service us. Work harder to get the type of contract you want with Harrison, I am confident they will be flexible. Cheaper is not always better, all of you know that. Their service for 23 years has been exemplary and Athens reputation is far from stellar. Do your due diligence and you will agree.

Renee Plummer Newbury Park 9A Opposed I’ve recently been told by a group of neighbors that you are considering transitioning to Athens waste management. I have several questions one‐ will the quality of our service be affected? two ‐will our prices go up ? three ‐what is the reasoning behind doing this? we have been working with Harrison for over 30 years. In lieu of the economy, and so many people being affected by COVID‐19, why would we make such a huge decision now that could impact people financially so much. I read reviews on them in the city of Montebello and frankly the reviews are quite terrible. Horrible complaints about customer service and being able to get a human being on the phone. Many remarks about the cost which seem to be exorbitant. Please explain.

Barbara West Thousand Oaks 9A Opposed I am happy with Harrison and do not want to switch to Athens Blanca I. Relle Thousand Oaks 9A Opposed The city is fixing something that is not broken. Our rates will go up, even though they're promising a lower rate, we are paying $67.46 now and have no problem with Harrison's service. Please explain how their rate will be lower when they are offering more and better services! 53 AR000427
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Name (Opt) Community of Residenc Item # In favor/ Opposed Comment Sheri Robb Newbury Park 9A Opposed I support our current, local waste management company and oppose the change to an out‐of‐town firm.

Lisa Renshaw Newbury Park 9A Opposed Harrison is local and never been a problem. If it ain’t broke don’t fix it. Seen evidence that LA company ups their prices as soon as they have you “hooked”
Elaina K. Thousand Oaks 9A Opposed As a resident of Thousand Oaks for over 50 years we have had Newbury Disposal waste management for many of those years. Our neighborhood does not have any issues with pick up. The employees are friendly, professional & if you have a reason to contact the company they are there to handle your call. Is it really worth the city making a change & discontinuing service with such a good company to save a few bucks? If that’s really what this is all about. How many times have we been told that a service would be cheaper just to find that it’s not or that the service is at cheap as their prices? If those who have been elected to represent this great city & its citizens are truly sincere in serving & doing the right thingfor the city & the citizens then I would urge you to do the right thing. Listen to the citizens. Listen to what they are saying. What they are asking.

They are who you represent not another corporation. Please don’t let your minds be already made up because of money. Let your minds bemade up because you listened to those you represent. Please reconsider & keep Newbury Disposal. Thank you.

Shari Madison Newbury Park 9A Opposed I am opposed to changing our waste management company. Harrison has been fine serving our community of Newbury Park. I am opposed to contracting with Athens, an out of county waste management service.

Newbury Park 9A Opposed We have had Harrison for over 30 years with no problems...why change? Prices are fine and so is service. Don't change.

Tracy Adams Newbury Park 9A Opposed I have live in NP and TO since 1993. I have used Harrison where ever I have lived. I had an issue with a truck hitting a rock years ago, and son, George Harrison, personally came to our house to survey the damage and made it right. Sure trucks are big and streets are small where I live, but PERSONAL, family‐owned business is the way to go around here. Please don't switch. Harrison is great. 9A Opposed Harrison has always been great ‐ for many years. Why change a good thing? Jennifer Hankins Newbury Park 9A Opposed I would like for the city to continue its contract with local company Harrison. I have been very satisfied with the company's services. Thank you for your consideration.

David W. DeLong Thousand Oaks 9A Opposed Good Evening Council, I do not believe changing our waste provider will be an improvement for the residents of our cities. I have owned a home in Thousand Oaks for nearly 30 years. WM has been very efficient. Do rates increase? Of course. I did the calculated increase myself and it is not what was reported.

But service history should be considered as well. I have used WM through my business also. They delivered without problems. The company that the city has suggested, has made their proposal look like Thousand Oaks cannot survive without them. In addition to all of this, business relationships and friendships have grown in the 40 years WM has done business here. I urge the City of Th. Oaks to rethink this change and accept WM's proposal to continue doing business in our city. Thank you.Sincerely, David DeLong Eileen Barron Newbury Park 9A Opposed I am asking that we keep Harrison Waste Does not make sense to hire a waste management company from Los Angeles when we have a reliable company now
Brittany Davis Newbury Park 9A Opposed Do NOT want to switch to Athens. I have heard terrible things about their company. Harrison has been great. Please keep Harrison! 54 AR000428
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Name (Opt) Community of Residenc Item # In favor/ Opposed Comment 9A Opposed Athens is TERRIBLE! Please do NOT subject THOUSAND OAKS to them‼‼ 9A Opposed The services provided by our current waste management company are outstanding. We don't need a change that would cost our community members more money each month for the same type of service. Let's keep Harrison Waste Management on board. Thank you.

Bill York Newbury Park 9A Opposed I am familiar with Athens Services as they took over the refuse service for a rental property my family owns in West LA a few years ago. The change was mandated by the City of LA with the promise of superior service and similar pricing. The service has not been an issue. However, the monthly fees went from $120.00 a month to $370.00 a month for the exact same service, number of bins, etc. When we called to complain, we were informed that was their rate schedule and there was nothing we could do about it. Since you are mandated to use the company the city contracts with, there are zero options.

We have had excellent service with Newbury Disposal and their rates are reasonable and have rarely increased in the 30+ years I’ve lived in my current residence. The drivers are friendly, professional and have gone out of their way to stop and move the bins when necessary. I love the fact that they are a locally owned and operated family run business.

Whatever promises Athens makes, they are not local to our area and do not reinvest in our local economy or pay our local taxes.

I urge you to leave Harrison/Newbury Disposal in place.

Respectfully,Bill York
Mary Norman Newbury Park 9A Opposed I prefer to support a local business. I'm satisfied with Newbury Disposal's performance.Mark Newbury Park 9A Opposed Our current company is great and cheaper than the company we would switch to. I do not want to switch.

Tina Piazza Newbury Park 9A Opposed I have lived in Newbury Park and Thousand Oaks since 2003 and feel that EJ Harrison and Waste Management have done an excellent job. I understand as a City you are trying to do what is best and I also feel that if a company has provided good service then why change it. I would like to see us stay with the provider we have had as this supports our local community by supporting a local business. Athens is based in LA and that is not supporting local.

Thousand Oaks 9A Opposed I am a Thousand Oaks resident of 27 years and Waste Management GI industries has always provided me and my family fantastic services. Great workers who are very professional, and everyone at management is very cooperative. I see no need to kick out waste management after servicing our city for so long. I do not have faith that the new company will provide the same amount of service waste management does.

Luke Thousand Oaks 9A Opposed GI has provided great service to Thousand Oaks and their drivers are all incredible. The rates are fair for the amazing service they provide 55 AR000429
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Name (Opt) Community of Residenc Item # In favor/ Opposed Comment Robin Elliott Newbury Park 9A Opposed We have been customers of EJ Harrison & Sons since 1991 and they have always done an excellent job. It is easy to reach an actual person by phone and when there is a problem (missed pick up or broken trash can) they are courteous and very responsive. I have always been proud to support a local business who has been in our community for decades. I have trouble believing that Athens can come in at such a low cost and provide equal service, much less the increased services that they claim they will provide. While they say they will offer current Harrison & WM employees positions, I expect the jobs will pay these workers considerably less (and require them to commute to Sun Valley where Athen's trucks are stored). It is not ONLY about the bottom line.

Newbury Park 9A Opposed Deeply opposed to changing from an outstanding company like Harrison. Athens is horrible, I am forced to have them in west LA and can tell you they are unreliable. Very poor telephone customer service and often do not show up to collect trash, there is zero oversight just bill increases. 9A Opposed I want Harrison and Sons to remain as the waste management business. They do a very good job and are reasonably priced. There is no justification to replace them.
9A Opposed Keep our current provider. We the citizens do not want to deal with a new company.

Michelle Capuano Newbury Park 9A Opposed Please stay with Harrison! No need for change. Keep it local. Why try to fix something that’s not broken?! Natalie Newbury Park 9A Opposed No new garbage disposal company. Do not change what is not broken, it's a recipe for disgruntlement. Local comoany response and availability is great. Keep the business local. Outsiders lack community care interest.

Pat Lightfoot 9A Opposed Please stay with Harrison Bros. Good service , good rates and a local business. Thank You! Angus Thomson Newbury Park 9A Opposed I'd like to stay with Harrison as they are a local company and do a great job. 9A Opposed I am a resident of Thousand Oaks and am very happy with waste management as my service provider. I am opposed to switching companies.

Ted Elliott Westlake Village 9A Opposed There are many reasons this contract should NOT be given to Athens. Our trash and recyclables will be sent to other cities and counties, increasing trucks on long hauls, taking many jobs out of our county. the service level will not be sustained at such a reduced price. Harrison and WM have been an important part of our communities for decades. This is a terrible idea Eric W Thousand Oaks 9A Opposed Why would we go with a non local company and take our waste to another county farther away and pay $ to Los Angeles!! Lauren Najjarpour Newbury Park 9A Opposed Waste Management is a local company that’s active in our community. They offer field trips abd donate to our local schools constantly. Cheaper isn’t always better and I’ve seen the reviews for Athens ‐ they are not going to invest in our community the same way WM does.

Tim Davis Thousand Oaks 9A Opposed I am very happy with WM services as well as the additional value they provide to our community. Going with a cheaper price is not always better; WM provides a reliable service which is important to me. WM has donated containers to local schools and I'm really happy with how they are treating their customers and our community.

Elizabeth Thousand Oaks 9A Opposed I am very happy with my current waste management service. The cost of a new service is barely cheaper and that does not always mean it will be better.

Isabel Davis Thousand Oaks 9A Opposed I like our service now as it is.Kimberly Michaud Newbury Park 9A Opposed We are happy with current service and do not want a change. 9A Opposed Thank you
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Name (Opt) Community of Residenc Item # In favor/ Opposed Comment Shannan Parsons Thousand Oaks 9A Opposed In my opinion cheaper is not always better. Waste management has been involved in my children’s school. That right there speaks volumes. If I were to give Waste Management a review my comments would only be positive. I think as a company very few good ones are left and Waste Management is definitely one !!
T Ferguson Thousand Oaks 9A Opposed I have been extremely satisfied with Waste Management's service in my area. Athens gets horrible reviews in LA. Cheaper isn't always better and you get heat you pay for. Also they will haul the trash to a landfill further away which is not environmentally responsible. Furthermore I've seen that WM does quite a bit in the community with school donations and recycling programs. Overall the switch of refuse disposal providers is not a good move at this time.

Newbury Park 9A Opposed I am opposed to this!
Maria Curti Thousand Oaks 9A Opposed I am very happy with my current service. Cheaper is not always better. I appreciate that they are local as well.

Please keep Harrison!! Thousand Oaks 9A Opposed Please keep Harrison Waste!! Michelle O Thousand Oaks 9A Opposed I am happy with very happy with waste management. Cheaper isn't always better.Tyler Graben Newbury Park 9A Opposed Cheaper is hardly ever the best route. The extra effort an work that WM seems to put in exceeds expectations an really builds up communities Newbury Park 9A Opposed I’ll keep it simple.

If Thousand Oaks moves forward with Athens our rates better NOT increase.

Newbury Park 9A Opposed I'd rather have a local service working in this area instead of outsourcing it to a service located in a larger dirty where it's even easier to get lost in the fray and have a declining service.

Smith Family (ResidenceThousand Oaks 9A Opposed My relationship with Waste Management has been exemplary. In regards to my construction company, the key word would be dependable. In nearly three decades of service, roll‐off dumpsters were always available, delivered on time and at the exact location I needed them. We have had a good relationship with the drivers and customer service for our residential service. The communication for holiday pick‐ups, scheduling additional pick‐ups or any billing questions, has always been very easy and the people are great to deal with. Special thanks to Steve Lee who has always taken care of my construction projects. If necessary, I would pay a little extra to maintain the good service and reliability of Waste Management. "If it ain't broke, don't fix it"!
Diane Johnson Thousand Oaks 9A Opposed I am a 46‐year resident of the City and I have never had an issue with Waste Management. In fact, the professional service I have received during this period of time has been impeccable. I understand wanting to go out to bid for a new waste management company, but please consider the quality service that Waste Management has provided to our community. Our citizens have come to expect nothing less. I'm sure you have heard the old adage, "You get what you pay for". I am a true believer in this. While the lower bid may sound good and look good on paper, it doesn't always mean it's the right choice. Please keep Waste Management as the City's disposal company. They have grown with the community and know how to provide the superior service our citizens expect and deserve.

Phil Johnson Thousand Oaks 9A Opposed Please keep Waste Management as the City's disposal company. They are reliable, professional and have been a staple in our community. Just because a company is cheaper, doesn't mean it's better. I see this all the time in my construction business. So many times, companies underbid projects just to get the job. I hope this isn't the case with Athens. We know Waste Management is qualified and capable of keeping our City clean and up to date with all of our recycling needs. Please keep the company we know can do the job.

Clifton Hodge Thousand Oaks 9A Opposed Stick with the tried and true. 50 years Jared Alvey Thousand Oaks 9A Opposed Stick with the current waste management company. Do not switch to some company out of LA. Keep it local.

Ron Block Newbury Park 9A Opposed Athens pricing is higher than Harrison who not only serves our neighborhood well for the 35 years I have been here but has not raided pricing like all other services. Harrison also donates annually to non profits in our community like the Adaptive playground in Thousand Oaks. They contributed every year for 5 years.

Greg Newbury Park 9A Opposed Happy with current provider let’s not LA our Ventura county and raise our rates for waste pickup. Why change? 57 AR000431
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Name (Opt) Community of Residenc Item # In favor/ Opposed Comment Alexandra Kitchell Newbury Park 9A Opposed I am not in favor of switching waste companies. I have been very happy with EJ Harrison. I’d rather pay more for the quality service I know. I do not believe a new company can provide the same quality service for so much less. They will likely raise fees after being contracted. The people of Newbury Park prefer our local waste service company that we know and trust.

Conrad Hees Thousand Oaks 9A Opposed Waste Management has been nothing short of flawless since we moved here 5 years ago. I’m guessing Athens has a lower bid ‐ but I foresee either a drop in quality or an increase in price once the contact is awarded.

In addition the garbage men who work for WM are incredibly kind, hard working, and part of our community. Changing services, even if it allows them to keep their job, likely takes away their tenure & hurts retirement.

All for what? $5 a month that likely won’t stick?
Waste Management is the Coca Cola of garbage services. Don’t replace them with some knockoff brand. It will do more harm than good.

Katie Hees Thousand Oaks 9A Opposed Waste Management has done an amazing job and I would hate to see a few dollars every month be the cause of great service! James Collins Thousand Oaks 9A Opposed Switching to Athens would not be good for T.O. I have seen this happen in other city where they come in and low ball then later raise prices also T.O. would lose out on the revenue thatsgenerated using W.M. and L.A. county would be the beneficiary. YOU ARE NOT LOOKING OUT FOR THE PEOPLE THAT GOT YOU ELECTED!
Christina Spalinger Newbury Park 9A Opposed Please stay with Harrison... 9A Opposed I am concerned a new trash service does not fully understand the needs of the community and will not be able to honor the contract Judy York Newbury Park 9A Opposed Unfortunately, I have already had the experience of having ATHENS foisted on me in the City of Los Angeles! I had a great Refuse Service, much like Harrison that I have now...a family owned company that I could call and speak with the owner and who charged me $120.00 per month to empty my garbage bin one day per week. They did a great job. Then, the City decided to chop up the the Refuse Services and put it out to bid...unfortunately, I wound up with ATHENS and my bill per month went from $120.00 to $350.00...FOR THE SAME SIZE BIN AND THE SAME 1 DAY PER WEEK PICKUP!! So when I saw what my City of Thousand Oaks is conjuring, I was absolutely astonished! Don’t even try to tell me what Athens is about...I already have to deal with a $350.00 monthly bill that should NEVER HAVE HAPPENED. If my trash is worth DOUBLE to a company like Athens, then you should be PAYING ME to haul it away!! First high rise buildings where they don’t belong and now ATHENS IN PLACE OF HARRISON!! If you all love the Valley and Los Angeles this much and want to live like they do there, I suggest you go to those places and run for the City Council there...we do not need or want what Los Angeles has...not their high rise buildings, their Athens $350 per month garbage bill or a City Council that presides over our community using a Los Angeles mindset! Chanda Newbury Park 9A Opposed There is no reason to change. The community is happy with Harrison and they are local! How could we NOT support local business. Rates may go down initially, but they’ll go up later. Sounds a bit too good to be true.

KEEP Harrison!!
Shanon Overbeck Newbury Park 9A Opposed No change
9A Opposed Keep Waste management
Tyler Thousand Oaks 9A Opposed WM is valued here
9A Opposed Why would I want to change? They always pick up, The staff is kind. It seems like a reasonable charge. Has anyone with the city looked up the Better Business Bureau's history on this company? A lot of overpayment, prepayment problems and problems with service. I would ask what is MY benefit? I have no complaints, in fact, I like Waste Management. How does the city and who in the city is benefitting from this move? Weren't the Sopranos in the garbage business? Leave it alone. I don't want to change. I hope I have the option.

Paul austin Newbury Park 9A Opposed Please keep our operations in Simi 58 AR000432
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Name (Opt) Community of Residenc Item # In favor/ Opposed Comment Jennifer Yen Moorpark 9A Opposed Hello, I strongly oppose the change to Athens. Waste Management has provided excellent trash service to my home for over 20 years. They are a part of our community. My grand daughter attended their educational landfill tour a couple years ago and didn’t stop talking about it for months.

If a company provides excellent service, supports our community, helps our residents, and we have no complaints, why would we change providers simply for a lower price? It’s not just about price. Please do the right things and do not change what is not broken. Thank you for listening.

Lily Austin Newbury Park 9A Opposed Hi! I am 11 years old and I live in Newbury Park. I love Waste Management, they came to our school and thought us about recycling. Please keep them in our community. Thank you!
Cheri LaGrotta Camarillo/ Santa Rosa 9A In favor I have had the pleasure of attending multiple tours with “Landfield Lisa” at waste management. She is dynamic, informative, and shows a real passion for her job and spreading the message. I have been teaching at parenting program at Horizon Hills for over 20 years and this is by far, hands‐down my parents and kiddos favorite field trip. I have had parents take personal days off from work to attend and change plans. This program has made an impact on myself as well as many, many parents and children.

Monica Merryman Westlake Village 9A N/A We are a customer and very happy with their service! Stephen Pursley Newbury Park 9A N/A Whether or not I'm in favor or opposed depends upon the answer to this question. Will Athens' containers be as large or larger than our existing containers from Newbury Disposal? If not the proposed savings for switching to Athens will be a fallacy if we have to pay for multiple containers to equal what we receive from Newbury Disposal from one container, e.g. Athens is quoting a lower monthly price because they will be providing smaller trash, recycling and yard waste cans than what we have today. If this is the case I would oppose selecting Athens.

Stephen Pursley Newbury Park 9A N/A Will Athens provide at least 2 free bulky item pick ups per calendar year similar to what we currently receive from Newbury Disposal? If not then the reported savings for switching to Athens is further diluted and I would oppose selecting Athens.

Thousand Oaks 9A N/A I am concerned about their storage base of vehicles being 40 miles away. If there needs to be an additional service day for missed pickups, would they happen? If Harrison misses a pickup (for reasons unknown, possibly couldn't access due to cars blocking), they will come the next day if you call them. Does the new vendor have that flexibility? I appreciate the hazardous waste pickup, but what about bulky item pickup? Harrison does that once a year, is that included in the new vendor's plan? I don't like that their home office is in LA, I appreciate Harrison Brothers as a local county vendor, and think we need to support locally.

Thousand Oaks 9A N/A If the price goes up I am not in favor. So many people without jobs right now.

Bachamp Thousand Oaks 9A Opposed Our family has lived in TO since the 70's. Harrison has been called upon to assist with their waste management services several times while we had various construction projects on & in our home. They were consistently available, knowledgeable, & reasonably priced. Their weekly trash pick up, the same. Having these kinds of services based in our own community is crucial to maintaining the quality.

Newbury Park 9A Opposed City should stay with Waste Management. It has donated to my children’s school and has been involved in community activities for a long time.

It’s employees are also part of our community, let’s keep it local! Diana Malmquist Westlake Village 9A Opposed Yes, money is important but giving this contract to Athens does not serve this community well as Waste Management has for 30 years. I have heard, and you probably know, that Athens goes into cities with low fees in order to get a contract and I have heard negative comments about their service. They appeared last year supporting nonprofits and joined the chamber to get their name out there. I strongly support WM as it is a strong part our our community. It is known by everyone and has supported this community very well over the years. As a resident of our Conejo Valley since 1965 I am well aware of the good service WM gives and sincerely hope you will act wisely in considering this recommendation by staff. Lower fees is not as important to residents but good service is as I know this community feels. 59 AR000433
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Agenda Related Items - Meeting of March 9, 2021
Supplemental Packet Date: March 9, 2021

THOUSAND OAKS CITY COUNCIL
Supplemental
Information
Packet
Americans with Disabilities Act (ADA):

In compliance with the ADA, if you need special assistance to participate in this meeting or other services in conjunction with this meeting, please contact the City Clerk Department at (805) 449-2151. Assisted listening devices are available at this meeting. Ask City Clerk staff if you desire to use this device. Upon request, the agenda and documents in this agenda packet, can be made available in appropriate alternative formats to persons with a disability. Notification at least 48 hours prior to the meeting or time when services are needed will assist City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting or service.
3:30 p.m.

Supplemental Information:

Any agenda related public documents received and distributed to a majority of the City Council after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. The Supplemental Packet is available for public inspection on the City’s website at toaks.org/agendas or by contacting the City Clerk Dept at (805) 449-2151 during normal business hours [main location pursuant to the Brown Act, G.C. 54957.5(2)].

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TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: March 9, 2021
SUBJECT: Agenda Item 9A - Solid Waste Franchise Agreement Award RECOMMENDATION: Approve Exclusive Solid Waste Franchise Agreement (Agreement) with Arakelian Enterprises, Inc. dba Athens Services (Athens), City of Industry, CA, for residential and commercial solid waste, recyclable materials, and organic waste collection services for a 15- year term from January 1, 2022 through December 31, 2036
The report is amended to include the additional recommendation as follows:

RECOMMENDATION:

Find the award of the exclusive solid waste franchise to be categorically exempt from the provisions of CEQA under State CEQA Guidelines Section 15301 (Class 1, Existing Facilities) and Section 15308 (Class 8, Actions by Regulatory Agencies for Protection of the Environment), as well as exempt pursuant to Section 15061(b)(3) (Common Sense Exemption).

DISCUSSION:

Awarding a waste collection and hauling franchise agreement qualifies for categorical exemptions under the State CEQA Guidelines Sections 15301 and 15308 and is also exempt under the common sense provision of Section 15061, as discussed more fully below.

ENVIRONMENTAL REVIEW:

The project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 of the CEQA Guidelines. Class 1 includes 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 existing or former use. The key consideration under a Class 1 exemption is whether the project involves negligible or no expansion of use. For this project, no modifications to any buildings or other facilities are being made. The waste collection service is already being provided and awarding the new Franchise Agreement to a different operator does not expand or materially change the current operation. Because this project meets the above criteria, it is exempt from CEQA.
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City of
Thousand Oaks
Public Works Department

MEMORANDUM
2100 Thousand Oaks Boulevard• Thousand Oaks, CA 91362
Pho ne 805 / 449.2400 • Fax 805 / 449.2475 • www.toaks.org toaks.org
459
Agenda Item 9A - Solid Waste Franchise Agreement Award
Supplemental Memo
March 9, 2021

Page 2 ends

In addition, the project qualifies for a Class 8 Categorical Exemption pursuant to Section 15308 of the CEQA Guidelines. Class 8 includes actions taken by a regulatory agency, as authorized by state and local ordinances, to assure the maintenance, restoration, enhancement, or protections of the environment where the regulatory process involves procedures for the protection of the environment. The California Integrated Solid Waste Management Act of 1989 (AB 939) requires cities to permit and regulate solid waste handling and declares that there is an urgent need for regulation to avoid an adverse environmental impact from the amount of waste generated in the state. Several subsequent bills have been passed to address other environmental issues including AB 341 (Chesbro, Chapter 476, Statutes of 2011), AB 1826 (Chesbro, Chapter 727, Statutes of 2014), AB 1594 (Williams, Chapter 719, Statutes of 2014) and SB 1383 (Lara, Chapter 395, Statutes of 2016), and the California Electronic Waste Recycling Act of 2003 (SB 20, Sher, Chapter 526, Statutes of 2003). The Franchise Agreement requires the franchisee to comply with both State and local regulations for hauling and disposing of waste. The City’s action assures the protection of the environment since the Agreement contains several regulatory mandates for complying with state law for the disposal of multiple waste streams in a manner that ensures the protection of the environment.

The third applicable exemption is the “common sense” exemption found in State CEQA Guideline Section 15061(b)(3). The collection and disposal of solid waste is mandated and regulated by state law. Under Section 15061(b)(3), activities of the City that will not result in direct or indirect physical changes in the environment may be exempt under the common sense exemption. The City is awarding a service contract to operate the City’s waste collection and hauling services and such services already exist. Any selected franchise operator will be required to comply with the terms of this new Franchise Agreement and provide nearly identical services to those currently required. The selected franchise operator will serve the same public and private facilities. The operator will also be required to comply with State and City regulations already established for the collection and hauling of waste. The selection of the franchise operator is not an activity that would have a significant effect on the environment and, therefore, the activity is not subject to CEQA.

DPW: 810-40\etm\Council\2021\030921\Exclusive Solid Waste Franchise Agreement Award supplemental memo.docx. 2 AR000436
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Name (Opt) Community of Residenc Item # In favor/
Opposed
Comment
Albert Chirkjian Thousand Oaks 9A In favor Dear City Council of Thousand Oaks, I’d like to thank you and the City’s staff for working to find the best option for our garbage services. I think by opening up our services to bids from other companies means we’ll get the best option for Thousand Oaks.

It seems like a no brainer to try and get the most bang for our buck. As a result, I think the staff did a great job recommending the Athens Services’ proposal. Athens is planning on investing in our community and has included that in what they put together. I think a process where we get the best outcome for Thousand Oaks is a process worth following through on.

Thank you again to the staff and our council for working to make the most of our tax dollars.

Alex Ramezani Thousand Oaks 9A In favor Dear City Council, With the approval of your staff’s recommendation to enter into a contract with Athens Services to service our waste needs, you are not just getting better service for our community at a lower rate. This decision is so much more. With this contract we are asking a company to be a part of our community, and Athens has the track record of doing just that. They will be reinvesting in our community not just financially, but through outreach and education efforts that will improve our community as a whole.

Past that planned involvement, they are also on the cutting edge of technology and the environment which matches our needs as a community. I want to thank you for opening this process up to allow Athens into our town. Please support staff’s recommendation.

Thank you
Kylie Carreno Thousand Oaks 9A In favor To the Thousand Oaks City Council, I’m writing this comment in support of your choice to submit an RFP for our community’s waste operations. As our community considers what we want our town, streets and sidewalks to look like we need to evaluate our options. I think we need a waste service provider that has community interests, a plan to improve our environment and an actionable approach to hit its goals.

As a Californian, our environmental goals are especially important to me. We need to keep our state and national goals in perspective. The competitive RFP process has provided our community with the best option, which I am in full support of. I look forward to Athens coming to town and setting up shop.

I’d like to commend the Council and the Mayor on their decision to open up the bid process and give our community the best chance to find the right company to provide this service.

Benon Thousand Oaks 9A In favor Dear Mayor and City Council We in Thousand Oaks definitely have our way of living and want all of our services to reflect our mindset. This includes who is servicing our trash needs. The staff have definitely done good work on this open bidding process by choosing Athens Services. You can talk with anyone in the other cities in which they operate, and you will find nothing by strong commendations.

I am excited to welcome them to our home because I know they will keep their word in being an excellent service provider because they care about upholding their positive reputation that they have been building as a family owned company for decades.

Please support your staff in making the right recommendation. Athens belongs in Thousand Oaks.

Thank you
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Name (Opt) Community of Residenc Item # In favor/
Opposed
Comment
Susan Carreno Thousand Oaks 9A In favor Dear Mayor and the City Council, Thank you for taking the time to consider my comment. I’m writing to this body to ensure that environmental concerns are being considered during this selection process. It is now more broadly accepted amongst Californians that Climate Change is real. With that understanding, we need to better appreciate and recognize what is being done with our waste.

We need a waste service provider that is fully aware of these needs. We need a provider like Athens Services that has a history of doing things right from the start. We need way more recycling and incentives to do so. People need to know how and what they should be recycling and I see that Athens has made a commitment to provide that education and outreach. They also seem to have taken another necessary step in my mind by utilizing compost options when available.

Please keep in mind that the City Staff has recommended this company for approval by the Council. I agree! Thank you for your service to our city! Sue Kinnimont Newbury Park 9A Opposed Please leave well enough alone. Harrison has been a good company with good service. No need to upset the apple cart. We do not need our city turning into other cities and you seem to pushing for that outcome. Again, please leave it with our LOCAL company who has provided good service for many years.

James Jr. Collins Thousand Oaks 9A Opposed This would be a bad move to switch to Athens Kayla MacKerron Westlake Village 9A In favor Please award the new trash contract to Athens. Being a young adult who grew up in this community, it's exciting and important to see all the recycling programs that will be offered and the positive impact it will have in our community.

Karen Sandvig Westlake Village 9A In favor Reduced rates and better recycling programs? Sounds like this should be an easy decision. Support City Staff's recommendation and award the new trash contract to Athens Services. Thank you.

Joseph Silvia Thousand Oaks 9A N/A I am all for lower fees.

However I am forced to reflect on the Cities record with respect to attained performance on awarded lowest bid contracts.

I will be charitable and say that projects like The old city hall repair, new city hall, corrections to the new city hall, Lynn rd widening, Erbes rd widening, and of course Cape Seal are ample evidence that the results of the cities low bid strategy tend to fall, shall we say, somewhat short of the promised result. I have no knowledge of this new contractor. But that being said I have been happy with the status quo and would rather spend the extra $10.00 per month then get another Cape Seal ripoff locked in for 15 years.

Thank You
Doug Johnson Thousand Oaks 9A Opposed Waste management has provided excellent service over the years and do not want to change.

Susan Johnson Thousand Oaks 9A Opposed We wish to keep waste management for our trash service Thousand Oaks 9A Opposed keep Waste management
9A Opposed Do not want to change trash providers
Westlake Village 9A In favor Submit
Patricia Turpel Thousand Oaks 9A Opposed we are very pleased with Waste management ‐‐ they respond quickly to questions .. offer a great service ‐‐ besides we like to do business locally ...simi valley is much more local (ventura county) than Torrance/L. A. county.. thank you
Candace Chappell Thousand Oaks 9A Opposed I am greatly opposed to changing to a new company. The 50 years of experience WM has in our community greatly outweighs anything the new company can offer. The relationships with drivers outweighs a rate deduction. They are respectable, dependable and I have had NO problems with the company since living in Thousand Oaks.

Shailendra Batham Thousand Oaks 9A Opposed If it's not broke, don't fix it. This new company with come in low and raise rates faster then you can think. 50 plus years with no problems at the residence end. 9A Opposed Keep WM
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Name (Opt) Community of Residenc Item # In favor/
Opposed
Comment
9A Opposed I’ve recently learned about the possible selection of Athens Services being the official solid waste provider for the City of Thousand Oaks. I’m a customer who has experienced service from Athens Services firsthand. If there’s anything I can say, it’s that Athens Services will fail in your city and frustrate a large number of customers/residents.

I’ll start here. I’m a Los Angeles citizen, and Athens Services has a pretty heavy presence in this city. They’ve been here since before I was born, and since I started to understand waste practices, Athens Services is one of the most corrupt, unsafe, unreliable, and dirtiest companies we have dealt with. Right now they are offering low rates, as a way to win you guys over. A few years down the line, they’ll be begging to renegotiate their contract with the city and raise rates.

One of their biggest lies to date is their alleged “recycling rates” and “successful landfill diverted resources.” I have seen Athens trucks mixing trash, recycling and green waste in one truck when their drivers are running late. Even worse, they’ll offer apartments recycling service, then pick up the recycling dumpsters with the trash. That is unfair to customers who are paying for 2 services, and it’s an obvious violation of AB 939. I looked into Athens and their recent service. In 2019, the City of Maywood called Athens to help collect the city. Athens was caught mixing trash and recycling, and the city switched companies again shortly after.

Given my experiences with Athens, they will immediately cut off your service if you miss as much as a day in your payment to them. That also goes without saying, they will hike up their rates in no time once they’re awarded the city. There are countless examples of that ‐ Redondo Beach, West Covina, Sierra Madre, and more. Their bulky item collection is a joke too. Their drivers are days/weeks late to collect, and refuse to collect anything not listed just because they don’t have to. Their customer service reps encourage customers to just rent an extra bin because scheduling a bulk pick up is so difficult for them. Considering how far Athens is planning to come from, they will miss many of their bulk pick ups with their operational plan.

Thousand Oaks should continue their relationship with Waste Management. They’ll never take your city for granted, especially after so many years of service. For the past couple of years, I have personally seen Waste Management in some of the same situations as Athens, and I can definitely say I’m impressed with the way they handle their collections. Athens almost always disappoints, and giving them a lovely city like Thousand Oaks would most definitely prove my point. Don’t fall for a few dollars in savings and risk harming the residents and businesses of Thousand Oaks. They’ll throw hundreds of thousands of dollars as a smokescreen to distract Council from their failures. I wish I still had a choice in Los Angeles, anyone but Athens would be great.

Please bring Athens to
ThousandOaks/Newbury Park
Newbury Park 9A In favor Please bring Athens to Thousand Oaks they save everyone money and bring excting enhancements to city Thousand Oaks 9A Opposed I been VERY happy with the service. 5 AR000439
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Agenda Related Items - Meeting of March 9, 2021
Supplemental Packet Date: March 9, 2021

THOUSAND OAKS CITY COUNCIL
Supplemental
Information
Packet
Americans with Disabilities Act (ADA):

Supplemental Information:

AR000440
464
THE FOLLOWING 6 PAGES ARE
RELATED TO ITEM 9.A.

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From: Rosie Castillo <[email protected]>
Date: March 9, 2021 at 3:51:45 PM PST
To: [email protected], Bob Engler <[email protected]>, Al Adam <[email protected]>, Andrew Powers <[email protected]>, Ed Jones <[email protected]>, Kevin McNamee <[email protected]>
Subject: Athens Environmental Services

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.

Please see attached.

Thank you,
Rosie Castillo
Rosie Castillo Director of Housing & Commercial Operations 1141 Cummings Road
Santa Paula, CA 93060
Office: 805-525-5541, x1038
Fax: 805-293-8506
Email: [email protected]
1 AR000442
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2 AR000443

LIMONLIRA
SINCE 1893
March 4, 2021
To whom it may concern,
I am writing this letter to express my opinion with the service we have received from Athens Environmental Services. I currently manage commercial buildings in the City of Santa Paula.

When I started managing those buildings, we had E. J. Harrison handling our waste and was more than satisfied with their service, and if there was ever a problem, I called and spoke to a live customer service person and the problem was promptly taken care of. Then, the city awarded the waste handling to Crown Disposal. The cost for waste removal was increased substantially. However, the customer service was even worse than the increased cost.

Soon after, Recology took over and the service continued to deteriorate. We continued to have missed trash collection and when I called their customer service, there was no answer or return calls. Recology was then acquired by Athens Environmental Services. The customer service and quality issues continued. My most recent interactions with their Customer Service department was when we sold a property. I called Athens to let them know we no longer owned the property and they continued to bill me every month. Every month I would call, they told me they would take care of it and the next month, I again received a bill. That cycle continued for several months. They also told me that it was necessary for the new owners to establish service. I gave them the new owner's information and I was told I would continue to be billed until that happened.

While Athens prices may be competitive, I don't feel that Athens has provided the service we had come to expect and deserve as residents and businesses of Santa Paula.

Respectfully,
Rosie Castillo
Director or Housing and Commercial Operations
467
Name (Optional) Community of Residence Item # In favor/Opposed Comment Bill Barrett 9A Opposed Staff did not fully investigate Athens Services and their cost for services do not make any sense. They are going to buy 5 new street sweepers at a cost of $50,000. more per sweeper, while we proposed 4 sweepers, and they are going to hire our operators, pay them more and charge the City 35% less.

Do the math, it just doesn't add up. Plus they have a terrible reputation in the sweeping industry, but no one from the city staff contacted us.
9A Opposed I like the way it is
Jessica Orsinger Thousand Oaks 9A Opposed I like it the way it is 9A Opposed Please keep it the way it is
Megan Marino Thousand Oaks 9A Opposed My children and I have gone in several field trips to WM Simi Valley Landfill educational landfill tour program and we have had absolutely WONDERFUL experiences. Please don’t change a thing! Peter Deindoerfer Thousand Oaks 9A Opposed I am a long term resident, thirty years, and value the services of Waste Management. They have treated me fairly and been more than helpful when additional service is requested. On occasion my scheduled Friday service pick‐up has been missed. In calling and reporting, I was promised a Saturday morning pick‐up. The following morning, bright and early, Waste Management shows up and drops off a new container and collects the full container. I truly appreciate this as I am an odd ball address, easy to miss. Whenever there has been a missed pick‐up, Waste Management takes care of it immediately. I appreciate their prompt service.

From curbside to calling their customer service, I have always received great service. I believe it would be wrong to change waste providers. Waste Management has provided timely service andbeen a pleasure to work with. I see no befit in changing service. They have the infrastructure in place, know the city and have a solid staff who care about the residents and even some who live in our city. Please renew the Waste Management contract.

Thousand Oaks 9A Opposed Please keep Waste Management as our trash pick‐up service provider. They have provided great service over the years; and, based on previous history, it is highly likely that Athens Services will increase our rates and not provide the same quality service that we have received with Waste Management. "If it ain't broke, don't fix it." Thank you. 3 AR000444
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Name (Optional) Community of Residence Item # In favor/Opposed Comment Lisa Hemenway 9A Opposed My name is Lisa Hemenway a Ventura County resident and the Community Relations representative for Waste Management for the past 28 years.

Tonight is challenging. Why? Because we can’t be there in person to show all of you how muchmyself and our employees care about the Thousand Oaks community.

We may be a large company on the outside, but have you seen our employees? We are regular hard‐ working folks who live here, raising families, and contribute to the local economy and given the opportunity to work in our hometown.

Throughout my career, my focus has been bringing people together to build authentic relationships through my educational tours at Waste Management’s Simi Valley Landfill and Recycling Center. An interactive bus tour experience gives our community the chance to learn about sustainability, recycling, landfill operations, best practices, wildlife conservation, and most importantly, what we can do to make the environment a better place to live and how our decisions can have long lasting impacts.The proposal mentions using other facilities outside Ventura County. How is that sustainable and why wouldn’t you use local resources that are right here for the past 50 years? I remember Councilmembers saying they have never received a complaint about Waste Management’s service. There is a reason for that – we care! Have you ever bought something that was cheaper and felt that you should have bought the better‐ quality in the first place because it will last longer? You have a decision to make tonight and respectfully ask you OPPOSE this item before you and h h l d f h d d b f Glyol Pannbechi Thousand Oaks 9A Opposed We have had a great experience through out the years with the Waste Management company taking our recycling for us. Please keep using this company!!
Thank you very much!
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Name (Optional) Community of Residence Item # In favor/Opposed Comment John Andersen Newbury Park 9A In favor Dear Mayor and City Council, “Thank you” for the recent extensive bid process you conducted for waste management services for the businesses and residents of the City of Thousand Oaks. I am in support of staff’s recommendation of choosing Athens as Thousand Oak’s new trash operator due to their track record of success in Southern California as well as the lower rates we will be paying.

As a local resident and businessman (Financial Advisor) here in Thousand Oaks, I appreciate the bid process the City has used and their final recommendation of choosing Athens. I believe our City has a responsibility to ensure that we always have the best service and the best price. I thank the City for the effort of finding the best deal for our community.

I ask that the City Council approve the recommended choice of Athens.Thank you.John Andersen Rachael Weitz Thousand Oaks 9A Opposed WM waste management has been such a wonderful resource for our community. They offer field trips of their facility that educate the public about recycling and how important conservation is to help the planet. When we have exposure at an early age then we have a better chance of protecting our planet.
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Al Adam 3/9/21 4:13pm Ernesto Acusa Hi, my name is Ernesto Acusa. I've been a resident of Thousand Oaks for over almost 50 years. Moved here with my wife in in 1972. Calling about the contract for waste hauling that was mentioned in the Acorn I'm calling to say I'm opposed to this contract. There are alot of reasons but I'll make it short. One reason is that we have been served by Harrison for a long time their service is excellent. Never had any isuses with them. They're quite acessible. If occassionally trash wasnt emptied get on phone reach their office in Ventura and witthin a couple hours problem is taken care of. I see no reason to abandon them for a unknown company up here located in LA. I moved from LA and would do it again given the chance. TO/Ventura County is far more preferable. As far as cost is concerned roughly $10 a month is no big deal as far as I'm concerned, we have other expenses our water bil is $400 a month. so $24/$33 is nothing to us. Given the fact that we have been in a horrible pandemic alot of business laid off people, business closed permantely, or are trying to open. This is no time to abandon employers/employees and to send our money to LA County.I resent that, it is atrocious. The fact that you are even considering a 15yr contract with an LA company therefore I am demanding you vote against this contract.These are my views along with the views of my wife. So thats two of us totally opposed. Thank you very much bye.

Al Adam 3/9/2021 2:43pm Vince Glassic Hello CM Al Adam this is Vince Glassic calling you to ask you to support the new contract with Athens. I think the proposal isn excellent one and very excited about it and I'm hoping you will be excited to and that you will vote in favor of this contract.

Kevin McNamee 3/9/21 2:42pm Vince Glassic hello this is the number for Kevin McNamee. I am calling to ask you to support the vote this evening for Athens services for the new trash company the city desperately needs. My name is Vince Glassic 805‐492‐5260.Thank you.

Kevin McNamee 3/9/2021 Ernesto Acusa Hi, my name is Ernesto Acusa. I've been a resident of Thousand Oaks for over almost 50 years. Moved here with my wife in in 1972. Calling about the contract for waste hauling that was mentioned in the Acorn I'm calling to say I'm opposed to this contract. There are alot of reasons but I'll make it short. One reason is that we have been served by Harrison for a long time their service is excellent. Never had any isuses with them. They're quite acessible. If occassionally trash wasnt emptied get on phone reach their office in Ventura and witthin a couple hours problem is taken care of. I see no reason to abandon them for a unknown company up here located in LA. I moved from LA and would do it again given the chance. TO/Ventura County is far more preferable. As far as cost is concerned roughly $10 a month is no big deal as far as I'm concerned, we have other expenses our water bil is $400 a month. so $24/$33 is nothing to us. Given the fact that we have been in a horrible pandemic alot of business laid off people, business closed permantely, or are trying to open. This is no time to abandon employers/employees and to send our money to LA County.I resent that, it is atrocious. The fact that you are even considering a 15yr contract with an LA company therefore I am demanding you vote against this contract.These are my views along with the views of my wife. So thats two of us totally opposed. Thank you very much bye.

Transcripts of voicemails pertaining to Item 9A
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471
Solid Waste Franchise
Agreement Award
March 9, 2021
Helen M. Cox, PhD
Sustainability Division Manager
Citywide Top Ten Priorities
Promote environmental
sustainability efforts through
Sustainability Strategic Plan
2 3
Item No. 9A
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472
4 Background
1998: Long term franchise agreements
2013: Current agreement
June 5, 2018: Extension of notice date
JURISDICTION RESPONSIBILITIES UNDER SB 1383
Provide Organics
Collection Services to All
Residents and Businesses
Monitor Compliance
and Conduct
Enforcement
Secure Access to
Recycling and Edible
Food Recovery Capacity
Procure Recyclable
and Recovered
Organic Products
Establish Edible
Food Recovery
Program
Conduct Education
and Outreach to
Community
4 5
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6 Due Diligence
May 21, 2019 •Extension of notice date.

December 10, 2019 • MOU presented to Council.

January 28, 2020 • Council MOU. Authorized RFP.
7 RFP
RFP was developed in
consultation with R3 Consulting
Group, Inc. and issued July 16,
2020 with a closing date of
October 15, 2020.

The RFP included the terms of
the new Agreement, rate
structures, and evaluation
process and criteria.
6 7
AR000450
Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection services

TABLE OF CONTENTS
Page No
A. Description of Work
Background Information 4
Purpose of this RFP 11
Scope Of Work 13
B. Instruction to Proposers 21
Proposal Requirements 21
A. Summary And Commitment 22
B. Qualifications 23
C Statement Of Financial Qualifications 25
D. Technical Proposal 26
E Forms 33
F. Proposal Service Alternatives, Options, alld Agreement Exceptions 33
G Appendix 34
Standard Terms Applicable To All Proposals 35
C. Proposal Review Process And Schedule 39
Proposal Review Anet Award Sehedule 39
Proposal Opening/Rejection/Waiver 39
Proposal Review Process And Award Of Contract 40
Phase 1 - Pass/Fail Review 4<>1
Phase 2 - Evaluation And Scoring 41
Phase 3 - Oral PresentationsJlnterviews 45
D. Required Forms 46
Form A Communication Protocol 48
Form B Proposers Statement of OrganiZalion 49
Form C Container Specifications 51
Form D Vehicle Specifications 54
Form E Disposal Transfer. and Processing Facit!lies 56
Form F Subcontractors 60
Form G Non-Collusion Affidavit of Proposer 61
Form H Maximum Service Rates - Proposal Summary and Signature 62 Form I Pass/Fail Requirements 64
Form J Waiver for Electronic Submission of Proposals 67 E. Fonn of Agreement (draft Franchise Agreement) 68
474
8 City’s RFP Process
RFP was conducted in accordance with Government Code section 4526 and Thousand Oaks Municipal Code section 3‐10.401.

July 30, 2020: Pre‐proposal meeting. Procedures explained:
• Communication protocol
• Submission deadline
• Evaluation process (pass‐fail, evaluation and scoring, finalist interviews) • Negotiations with top scoring proposer
• Staff recommendation to Council
• Council award
9 Evaluation Criteria

1. Qualifications, Experience and Reputation of Contractor, and Sub‐Contractors in Providing Solid Waste Services

2. Financial Qualifications of Contractor and Sub‐Contractors

3. Technical Approach

4. Sustainability, Diversion, and Outreach

5. Customer Service

6. Maximum Service Rates
8 9
AR000451
475
Evaluation Process
Pass/Fail
• All documents/ forms
submitted
• Company in good
standing
Evaluation &
Scoring
• Technical review
• Rate review
• Independent scoring
• Finalist selection
• Follow‐up/clarification
questions
• Interviews
• Site visits as needed
Present Results
• Independent scoring
finalized
• Comparative summary
• Combined/weighted
scores
• Rate scoring
• Negotiations with top
scorer
• Recommendation
RFP Schedule
October 15
• Proposals Submittal Deadline
November
• Complete Proposal Evaluation
• Conduct Finalist Interviews
Dec. – Jan.
• Negotiations with Top Proposer
Feb – Mar, 2021
• Finalize New Agreement for City Council
• Council Award
10 11
AR000452
476
Proposals
Four proposals received. Evaluated. Scored.

Three finalists selected (bold text):
 American Reclamation, Inc., Los Angeles
 Arakelian Enterprises, Inc. dba Athens Services, City of Industry  E.J. Harrison and Sons, Inc., Ventura
 G.I. Industries dba Waste Management, Simi Valley
Follow‐up questions sent to three finalists.

Presentations/interviews conducted.

Site visits scheduled as necessary.

Evaluation &
Scoring
Evaluation Outcome
Athens Services was top scorer on each
independent review, and top scorer overall by over
8 pts.

Results
Rates Athens Services offered the lowest residential rates and the lowest commercial rates.
12 13
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477
Residential Rate Comparison
Athens EJH WM
Current
(2021) rate
Basic cart service
(64 gallon Garbage, 64 gallon Recyclable Materials, 96 gallon Organic Waste)
$24.36 $33.54 $33.75 $36.73
Limited Service ‐ With Organic Waste Service
(32 gallon Garbage, 64 gallon Recyclable Materials, 96 gallon Organic Waste)
$21.93 $31.73 $31.99 $34.92
Limited Service ‐ Without Organic Waste Service
(32 gallon Garbage, 64 gallon Recyclable Materials) $16.46 $25.00 $26.24 $28.00 (Monthly rates for once‐a‐week service)
Savings to Residents
• 34% average reduction in residential rates
• Average annual savings per resident of $150
• Total savings to residents: Almost $5 million per year ($4,744,500) • Over 15‐year contract, projected total savings of over $70 million to residents Rate increases are limited to the annual CPI (and capped at 4%). • At a CPI of 2.5%, residential rates will be still less than current rates at the end of the fifteen year contract.
14 15
AR000454
478
Residential Rate Comparison Across Region
Commercial Rates
pickups per week
Container size 1 2 3 4 5 6
34 & 55 gal barrel 00 0000
64 & 96 gal barrel 30 0000

1.5 & 2 yd bin 113 21 6 3 1 0
3 yd bin 260 210 145 88 100 90
4 yd bin 18 24 37 15 11 26

5.5 & 6 yd bin 11 0010
16 17
AR000455
$50.00
$45.00
$40.00
$35.00
$30.00
$25.00
$20.00
$15.00
$10.00
$5.00
$0.00
I
~ ~ Average Ventura (our y
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I
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Athens' Proposed, T.O. , I I ~ I , I , I I I, I I
a I I, I, I I I
~ I
~ I ~ ~ I, I I I I

I, I I I I,
~ I, ~ ! I I I I, I I, I, I, I
I a I I, I I I, I I, ~ I I I, I, I I I, I, t, a I ~ t, I I I ~ I I I I t, I
~ I
~ ~ t, a ~ I I I I I I I, I I, I, I I
~ t, I t, I I I I, I, I I
~ I I I I t, I I I I, t, I I
~ ~ I I I I ~ ~ ~ ~ I ~ ~
------
479
Commercial Rate Comparison
1 per week
service
Bundled service (trash +
recycle + organics)
Athens EJH WM
2CY $157.96 $266.00 $241.91
3CY $174.99 $317.00 $290.34
4CY $278.09 $391.00 $355.02
3 CY service Bundled service (trash + recycle + organics) 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
Athens $174.99 $305.52 $472.95 $613.50 $778.69 $943.89
EJH $317.00 $554.75 $792.50 $1,026.00 $1,257.00 $1,282.25 WM $290.34 $507.62 $757.25 $1,044.52 $1,295.56 $1,546.14 Current (2021)
trash + RC only
$178.97
$237.09
$306.59
Current (2021)
trash + RC only $237.09 $299.49 $423.89 $548.29 $672.69 $797.09 Key provisions of new agreement
 Start date of January 1, 2022.
 15‐year term with provision for two five‐year extensions at the option of the City.  SB 1383 compliance.
 Annual rate increases limited to any increase in the annual Consumer Price Index (CPI) and capped at four percent.
 Bundled commercial and residential service (all recipients receive garbage, recycling and organics service).
 Cash reimbursement to the City by contractor for cost of consultant.  HHW Home Collection Service (quarterly).
 Street sweeping service to continue to be provided by waste hauler.  Expanded service of up to 150 public area garbage and recycling waste containers, an increase from the current 70 garbage and 35 recycling containers now. 18 19
AR000456
Cl1yor ◄ Thousand I Oaks
480
Key provisions of new agreement
 Three (3) free landfill disposal days a year, each allowing residents to drop off up to two vehicle loads of trash at no charge.
 Two (2) times per year bulky item waste (large item) pickup.  New provisions for multi‐family and mixed‐use developments that include large item disposal and use of “scout” truck to retrieve containers in difficult‐to‐access areas such as underground garages.
 All new clean‐fuel vehicles (vehicles to be powered with renewable natural gas).  All residential carts to be new. Commercial bins to be new, or if in good condition, freshly painted.
 All collection containers to utilize standard colors.  Contractor to offer employment to displaced workers at equal or greater salary.  Compliance tracking and reporting.
 Performance metrics, accountability and penalties.

Transition
• Forty‐five (45) recycling coordinators to meet with businesses and facilitate the transition process in the six months prior to the Agreement start date. 20 21
AR000457
481
Community Benefits
• A walk‐in customer service center
located in Thousand Oaks.
• $200,000 per year in community
support
• A live dashboard for the public to
view waste hauler truck locations in
real‐time.

Community Benefits
22 23
AR000458
..___

VILLAGE
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f
482
Technology
• Dashboard of service account information available to the City for customer service and compliance purposes.

Technology
24 25
AR000459
west Hotl1wood
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toMl'UTl 0.IRfl.UO
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483
Technology
• Dashboard of service account information available to the City for customer service and compliance purposes.

Facilities
Solid Waste: Calabasas Landfill
Recyclables: Sun Valley Materials Recovery Facility
Green and Organic Waste: American Organics, Victorville From this to……………. this
26 27
AR000460
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Sustainability:

Distance to facilities (one‐way miles)
Current Athens
TRASH Simi Valley Landfill 11.9
TRASH Calabasas 9.9
RECYCLING Azusa MRF 56.8
RECYCLING Gold Coast RC 24
RECYCLING Sun Valley MRF 38
ORGANICS Agromin, Arnold Rd, Oxnard 21.7
ORGANICS South Kern Compost, Taft 124
ORGANICS American Organics, Victorville 120
Sustainability:

Renewable Natural Gas Fuel
28 29
AR000461
•
• • •

CLEAN IT
lNC>fLl STSftMS tOll[Cf alOGAS
ltDMETHANE: POWERS RlF"USE TRUCKS
485
Athens Services
• Family owned and operated
• Serve 41 communities in Southern California
Thank you
Award the Solid Waste Franchise Agreement to Athens Services for residential and commercial solid waste, recyclable materials, and organic waste collection services in the City.

Find the award of the exclusive solid waste franchise to be categorically exempt from the provisions of CEQA.
30 31
AR000462
486
City Council/Public Financing Authority (TOPFA)

REGULAR MEETING - TELECONFERENCE/VIDEO CONFERENCE
Tuesday, July 7, 2020, 6:00 P.M.

Andrew P. Fox City Council Chambers
Public advisory: The City Council facilities are closed to the public.

You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), the City's website (www.toaks.org/TOTV), and YouTube (CityofThousandOaks).

Pursuant to the Governor’s Executive Order N-29-20, City Councilmembers will be participating via teleconference and/or video conference.

You may participate in the meeting by submitting written comments or requesting to speak no later than 5:00 p.m. the day of the meeting.

If you would like to submit a written comment, please complete the online Comment Form.

Please see page two for more information.

If you would like to speak on an agenda item, please complete the online Speaker Form.

Please see page two for more information.

Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 449-2151 within 48 hours of the meeting.

Al Adam, Mayor/Authority Chair
Claudia Bill-de la Peña, Mayor Pro Tem/Authority Vice Chair Bob Engler, Councilmember/Authority Director
Ed Jones, Councilmember/Authority Director
Executive Team
Andrew P. Powers, City Manager/Auth. Exec. Dir. Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Mark A. Towne, Community Development Director Jaime Boscarino, Fin. Director/City & Auth. Treasurer Cynthia M. Rodriguez, City Clerk/ Auth. Secretary Clifford G. Finley, Public Works Director Jonathan Serret, Deputy Cultural Affairs Director Tim Giles, Human Resources Director Jim Friedl, General Manager, CRPD Heather Cousin, Library Director John Spykerman, Fire Chief Jim Fryhoff, Police Chief
MISSION STATEMENT:

Extraordinary Service to the Citizens We Serve is Our Purpose AR000463
C ity of
Thousand
AGENDA
2100 Thousand Oaks Boulevard • Thousand Oaks, CA 91362
Phone 805/ 449.2151 • Fax 805/ 449.2150 • www.toaks.org toaks.org
487
The following is provided to assist with public participation:

Agenda Availability: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are re-broadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).

Public Input: To allow adequate time to provide your comments to the City Councilmembers please submit your comments via the online Comment Form no later than 5:00 p.m. the day of the meeting. If you would like to speak on an agenda item during the meeting, please complete the online Speaker Form no later than 5:00 p.m. the day of the meeting. If you would like to speak during the meeting, you will be asked to provide an email address and/or telephone number where you may be reached when the item is being discussed at the City Council meeting. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 449-2151.

Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions; will be printed/posted as submitted.

Special Meeting Public Input: Only issues listed on a special meeting agenda may be addressed pursuant to the Brown Act/Special Meetings.

Consent Calendar: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended. There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.

Supplemental Information: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets.

Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.

Judicial Review: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90- day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 1-4.05.

AR000464
488

CITY OF THOUSAND OAKS CITY COUNCIL/TOPFA AGENDA
Thousand Oaks, California 3 July 7, 2020
RES. NO. 2020-038
ORD. NO. 1680-NS

1. CALL TO ORDER: 6:00 p.m.

2. PLEDGE OF ALLEGIANCE:

3. ROLL CALL: Councilmembers/Directors Engler, Jones, Bill-de la Peña, and Mayor/Chair Adam

4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:

5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:

A. COVID-19 Update

6. PUBLIC COMMENTS:

7. CONSENT CALENDAR:
(See Exhibit A pages 5 thru 7 for Consent Calendar listing)

8. PUBLIC HEARINGS:

A. Consideration of New Location for LEAF Dispensary
RECOMMENDATION: Continue the above-referenced hearing to a date uncertain

9. DEPARTMENT REPORTS:

A. Solid Waste Franchise - Request for Proposals/Qualifications RECOMMENDATION: Authorize staff to issue Request for
Proposals/Qualifications (RFP/Q) for the City’s solid waste franchise

10. COMMITTEE/COMMISSION/BOARD REPORTS: None

11. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS
REDEVELOPMENT AGENCY REPORTS: None

12. COUNCIL ISSUES/RECOMMENDATIONS: None

A. Follow-up reports on meetings/conferences attended by Councilmembers AR000465
489

CITY OF THOUSAND OAKS CITY COUNCIL/TOPFA AGENDA
Thousand Oaks, California 4 July 7, 2020

13. CITY MANAGER:

A. Follow-up items
B. Announcements and upcoming issues

14. CLOSED SESSION: Teleconference
A. CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation: Initiation of Litigation; Pursuant to Government Code Section 54956.9(d)(4). (1 Potential Case)

15. PUBLIC NOTICES: None

16. ADJOURNMENT:

Adjourn in memory of:
o Richard Williams, Alliance for the Arts Chair and community volunteer to Regular Meeting August 25, 2020
Agenda Post Date/Time: July 2, 2020, 5:00 p.m.

CCD:610-40\h:\common\agenda\2020\07-07-20.docx
AR000466
490

CITY OF THOUSAND OAKS CITY COUNCIL/TOPFA AGENDA
Thousand Oaks, California 5 July 7, 2020

EXHIBIT A

7. CONSENT CALENDAR:

RECOMMENDATIONS FOR ITEMS A. THROUGH P. ARE TO APPROVE
A. General, Utilities, Golf Course, and Theatres Demands – ratify June 24, 2020 and July 1, 2020; approve July 8, 2020; approve July 15, 2020; July 22, 2020; July 29, 2020; August 5, 2020; August 12, 2020; and August 19, 2020; subject to review and ratification
B. Minutes of City Council meeting of June 23, 2020
C. Approved Expenditure: FY 2020-21 Community Funding Review Committee Social Services Endowment Fund Grant Amendment; authorize expenditure in amount of $1,081 A/C 001-1120-611-5920 (SS2021, City Endowment Grant Account) to California Lutheran University D. No Appropriation/Expenditure Required: Los Robles Helipad Expansion; receive report advising City Council of administrative approval of helipad expansion at Los Robles Hospital
E. Additional Appropriation: Government Channel Equipment Purchase; authorize purchase of KUMO 64x64 SDI Router from California Media Solutions $7,175.03; $7,200 budget appropriation and expenditure A/C 001-1210-484-0000 (Other/ Reimbursements) to A/C 001-1210-647-8400 (Equipment over $5,000)
F. Approved Expenditure: Solar Carport at Municipal Service Center (MSC) (CI 5265); authorize staff to issue Request for Proposals/Qualifications (RFP/Q) for procurement of design and construction
G. Approved Expenditure: Hill Canyon Treatment Plant (HCTP) Facility Exterior Painting Project Phase 1 (MI 2584); authorize staff to advertise for construction bids
H. Approved Expenditure: Hill Canyon Treatment Plant (HCTP) Digester No. 1 Rehabilitation Project (MI 2564); Fourth Amendment to Professional Services Agreement No. 11737-2018 with HDR Engineering, Inc. for Design Phase Services in amount of $95,818, for revised not-to-exceed amount of $543,986; authorize $105,398 expenditure ($95,818 Fourth Amendment plus $9,580 extra services) A/C 624-8250-682-5500 (MI 2564, HCTP Digester No. 1 Rehabilitation Project); authorize staff to advertise Cleaning Phase for construction bids; delegate authority to City Engineer to approve changes in design, plans, specifications, and working details of project on work directives and change orders up to project approved contingency AR000467
491

CITY OF THOUSAND OAKS CITY COUNCIL/TOPFA AGENDA
Thousand Oaks, California 6 July 7, 2020

7. CONSENT CALENDAR: (Continued)
I. Additional Appropriation: 2020 Pavement Overlay Program (CI 5503); First Amendment to Reimbursement Agreement with Conejo Recreation and Park District (CRPD), Contract No. 12359-2020, in amount of $68,800, for bid items quantity adjustments and additional scope of work; $68,800 budget appropriation and expenditure A/C 001-0000-437-9900 (CI 5503, CRPD Reimbursement) to A/C 001-5310-631-8300 (CI 5503,
Improvements Other Than Building)
J. Additional Appropriation: Janitorial Services at Various City Facilities; award General Services Agreement to Executive Facilities Services, Inc., DBA Executive Services (EFS) for three-year term with two additional one-year options to extend, not-to-exceed amount of $4,750,000 over lifetime of contract for regularly scheduled janitorial services at various City facilities, including $200,000 for extra services; authorize $607,450 expenditure:
$479,400 from various General Fund accounts, $79,250 from various Theatre Fund accounts, $800 from various Solid Waste Fund accounts, $9,000 from various Water Fund accounts, and $39,000 from various Wastewater Fund accounts; budget appropriation and authorize expenditures in the amount of $104,144 from A/C #001-0000-311-1000 (General Fund - Fund Balance) to the following accounts: A/C #001-3570- 612-5620 (Contracted Services - Janitorial) $18,865, A/C #001-3571-677- 5620 (Contracted Services - Janitorial) $6,300, A/C #001-3572-677-5620 (Contracted Services - Janitorial) $3,500, A/C #001-3573-677-5620 (Contracted Services - Janitorial) $450, A/C #001-3574-677-5620 (Contracted Services - Janitorial) $450, A/C #001-3575-673-5620 (Contracted Services - Janitorial) $17,400, A/C #001-3582-612-5620 (Contracted Services - Janitorial) $4,700, A/C #001-3585-612-5620 (Contracted Services - Janitorial) $10,600, A/C #001-3590-612-5620 (Contracted Services - Janitorial) $33,600, A/C #001-5640-631-5620 (Contracted Services - Janitorial) $2,275, A/C #001-5650-631-5620 (Contracted Services - Janitorial) $6,004; and $2,746 from A/C 611-0000- 341-9900 (Water Fund, Net Position) to A/C #611-5650-682-5620 (Contracted Services - Janitorial); and $2,746 from A/C #621-0000-341- 9900 (Wastewater Fund, Net Position) to A/C #621-5650-682-5620 (Contracted Services - Janitorial); and $75,000 from A/C #681-0000-341- 9900 (Theatre Fund, Net Position) to A/C #681-7710-682-5620 (Contracted Services - Janitorial) $60,000 and A/C #681-7810-682-5620 (Contracted Services - Janitorial) $15,000
AR000468
492

CITY OF THOUSAND OAKS CITY COUNCIL/TOPFA AGENDA
Thousand Oaks, California 7 July 7, 2020

7. CONSENT CALENDAR: (Continued)
K. Approved Expenditure: Citywide Janitorial Supply Contract; “piggyback” agreement using City of Tucson, AZ janitorial supply contract through OMNIA Partners with award to Network Services Company, Inc., for janitorial supplies and equipment, 07/07/2020 through 05/31/2023, with option to extend additional two years to 05/31/2025; authorize expenditure of amount not-to-exceed $400,000 for duration of contract from various accounts related to Citywide facilities
L. No Appropriation/Expenditure Required: Response to Grand Jury Report Cybersecurity Strategies for Cities in Ventura County; authorize Mayor to provide written response to April 17, 2020, Ventura County Grand Jury report "Cybersecurity Strategies for Cities in Ventura County," and forward response to Grand Jury
M. No Appropriation/Expenditure Required: Thousand Oaks Public Financing Authority Annual Update; receive and file
N. Additional Appropriation: Bureau of Justice Assistance (BJA) FY 20 Coronavirus Emergency Supplemental Funding Program Grant; authorize acceptance of Office of Justice Programs (OJP) and U.S. Department of Justice (DOJ), BJA FY 2019-20 Coronavirus Emergency Supplemental Funding Program award of $35,622 to be received by City for Thousand Oaks Police Department; $35,630 budget appropriation and expenditure, $30,130 A/C 001-6610-438-9900 (LE0001, Federal Grants) to A/C 001- 6610-621-3300 (LE0001, Equipment less than $5,000) and $5,500 A/C 001-6740-438-9900 (LE0001, Federal Grants) to A/C 001-6740-627-3300 (LE0001, Equipment less than $5,000)
O. No Appropriation/Expenditure Required: City Manager Authority During Summer Recess; adopt resolution

RESOLUTION DELEGATING CERTAIN INTERIM AUTHORITY TO CITY MANAGER RES. NO. 2020-
P. Approved Expenditure: 2020 Pavement Overlay Program (CI 5503); adopt resolution
RESOLUTION ADOPTING LIST OF PROJECTS FOR FY 2020-21
FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 RES. NO. 2020-
AR000469
493
AR000470

MINUTES OF THE CITY COUNCIL/TOPFA
Thousand Oaks. California

1. CALL TO ORDER:

July 7. 2020
Mayor/Authority Chair Al Adam called the meeting to order at 6:01 p.m. in Council Chambers, 2100 Thousand Oaks Boulevard, Thousand Oaks, California.

2. PLEDGE OF ALLEGIANCE: Mayor/Authority Chair Adam led the pledge of allegiance.

3. ROLL CALL:

Present: Councilmembers/Authority Directors Engler, Jones present via video conference, and Mayor Pro Tern/Authority Vice Chair Bill-de la Pena and Mayor/Authority Chair Adam present in chambers.

Also Present: City Manager/Authority Executive Director Andrew P. Powers, City Attorney Tracy Noonan, Assistant City Manager Ingrid Hardy, Deputy City Manager Gary Rogers, City Clerk/Authority Secretary Cynthia M. Rodriguez, Finance Director/City Treasurer/Authority Treasurer Jaime Boscarino, Community Development Director Mark Towne, Public Works Director Cliff Finley, Police Chief Jim Fryhoff, Assistant City Attorney Patrick Hehir, Facilities Manager Liz Perez, Sustainability Division Manager Helen Cox, Information Technology Supervisor Atanas Beltchev, Assistant to the City Manager Melissa Hurtado, Cable Operations Supervisor Carl Jarecky, Senior Video Specialist Richard Swingler, Assistant Analysts Sandra Delgado and Christy Glaubke.

4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:

Mayor Adam announced Public Hearing Item 8.A. (Consideration of New Location for LEAF Dispensary) is being continued to a date uncertain and requested a motion for continuance.

Motion by Councilmember Engler to continue Public Hearing Item 8.A. Consideration of New Location for LEAF Dispensary to a date uncertain, carried 4-0 by the following vote: Ayes - Engler, Jones, Bill-de la Pena, and Adam; Noes - None.

5. SPECIAL PRESENTATIONS:

City Manager Powers provided COVID-19 update.

6. PUBLIC COMMENTS:

George Lange, CRPD Chair; Judy Bruce, Simi Valley; Dolores, Ventura; Lorena Saruwatari, Camarillo; Stefanie Sellars, Simi Valley; Shirley Lang, Ventura. 494
AR000471

MINUTES OF THE CITY COUNCIL/TOPFA
Thousand Oaks, California 2 July 7, 2020

7. CONSENT CALENDAR:
(See Exhibit A for Consent Calendar Listing)

8. PUBLIC HEARINGS:

A. Hearing, advertised as required by law, opened to consider: Public Hearing Continuance Request from LEAF Dispensary.

Item continued to a date uncertain earlier in meeting.

9. DEPARTMENT REPORTS:

A. Solid Waste Franchise - Request for Proposals/Qualifications presented by Sustainability Division Manager Cox. City Manager Powers, City Attorney Noonan, Public Works Director Finley and Consultant Richard Tagore-Erwin responded to questions.

Speakers: Mike Smith, Moorpark.

Statement Cards: None.

Motion by Councilmember Bill-de la Pena to authorize staff to issue Request for Proposals/Qualifications (RFP/Q) for the City's solid waste franchise. carried 4-0 by the following vote: Ayes - Engler, Jones, Bill-de la Pena, and Adam; Noes - None.

10. COMMITTEE/COMMISSION/BOARD REPORTS: None.

11. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS
REDEVELOPMENT AGENCY REPORTS: None.

12. COUNCIL ISSUES/RECOMMENDATIONS: None.

A. Follow-up reports on meetings/conferences attended by Councilmembers.

13. CITY MANAGER:

A. Follow-up items: Nothing additional.

B. Announcements and upcoming issues: City Manager Powers provided an update on the City Council meeting schedule; announced that summer recess will run through August 24, 2020, with City Council returning on August 25, 2020.
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AR000472

MINUTES OF THE CITY COUNCIL/TOPFA
Thousand Oaks. California 3 July 7, 2020

14. CLOSED SESSIONS REQUESTED: Teleconference.

City Attorney Noonan announced Closed Session held at 7:37 p.m.

A. CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation: Initiation of Litigation; Pursuant to Government Code Section 54956.9(d)(4). (1 Potential Case).

City Attorney Noonan indicated no announcement anticipated.

15. PUBLIC NOTICES: None.

16. ADJOURNMENT:

City Council adjourned in memory of Richard Williams, Alliance for the Arts Chair and community volunteer, at 8:01 p.m. to Regular Meeting on Tuesday, August 25, 2020.

Attest:

Cy thia M. Rodriguez, City C rk/
Authority Secretary
City of Thousand Oaks City Council
AGENDA POSTED: July 2, 2020
MINUTES APPROVED: August 25, 2020
CCD:610-60\dlz\h :\common\mi nutes\2020\20200707 .docx
Al Adam, Mayor/Authority Chair
City of Thousand Oaks City Council
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AR000473

MINUTES OF THE CITY COUNCIL/TOPFA
Thousand Oaks. California 4 July 7, 2020

EXHIBIT A

7. CONSENT CALENDAR:

RECOMMENDA T/ONS FOR ITEMS A. THROUGH P. ARE TO APPROVE Motion by Councilmember Engler to approve Consent Calendar with exception of Items 7.D. (Los Robles Helipad Expansion). 7.J. (Janitorial Services at Various City Facilities). and 7.M. (Thousand Oaks Public Financing Authority Annual Update). carried 4-0 by the following vote: Ayes - Engler. Jones, Bill-de la Pena. and Adam; Noes - None. (Item subsequently approved following discussion.) Assistant City Attorney Hehir responded to questions regarding Item 7.D.

City Manager Powers and Facilities Manager Perez responded to questions regarding Item 7.J.

Finance Director Boscarino responded to questions regarding Item 7.M.

Motion by Councilmember Jones to approve Items 7.D, 7.J. and 7.M., carried 4-0 by the following vote: Engler, Jones. Bill-de la Pena. and Adam; Noes - None.

A. General, Utilities, Golf Course, and Theatres Demands - ratify June 24, 2020 and July 1, 2020; approve July 8, 2020; approve July 15, 2020; July 22, 2020; July 29, 2020; August 5, 2020; August 12, 2020; and August 19, 2020; subject to review and ratification
B. Minutes of City Council meeting of June 23, 2020
C. Approved Expenditure: FY 2020-21 Community Funding Review Committee Social Services Endowment Fund Grant Amendment; authorize expenditure in amount of $1,081 A/C 001-1120-611-5920 (SS2021, City Endowment Grant Account) to California Lutheran University
D. No Appropriation/Expenditure Required: Los Robles Helipad Expansion; receive report advising City Council of administrative approval of helipad expansion at Los Robles Hospital
E. Additional Appropriation: Government Channel Equipment Purchase; authorize purchase of KUMO 64x64 SDI Router from California Media Solutions $7,175.03; $7,200 budget appropriation and expenditure A/C 001- 1210-484-0000 (Other/ Reimbursements) to A/C 001-1210-647-8400 (Equipment over $5,000)
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MINUTES OF THE CITY COUNCIL/TOPFA
Thousand Oaks, California 5 July 7, 2020

7. CONSENT CALENDAR: (Continued)
F. Approved Expenditure: Solar Carport at Municipal Service Center (MSC) (Cl 5265); authorize staff to issue Request for Proposals/Qualifications (RFP/Q) for procurement of design and construction
G. Approved Expenditure: Hill Canyon Treatment Plant (HCTP) Facility Exterior Painting Project Phase 1 (Ml 2584 ); authorize staff to advertise for construction bids
H. Approved Expenditure: Hill Canyon Treatment Plant (HCTP) Digester No. 1 Rehabilitation Project (Ml 2564 ); Fourth Amendment to Professional Services Agreement No. 11737-2018 with HOR Engineering, Inc. for Design Phase Services in amount of $95,818, for revised not-to-exceed amount of $543,986; authorize $105,398 expenditure ($95,818 Fourth Amendment plus $9,580 extra services) A/C 624-8250-682-5500 (Ml 2564, HCTP Digester No. 1 Rehabilitation Project); authorize staff to advertise Cleaning Phase for construction bids; delegate authority to City Engineer to approve changes in design, plans, specifications, and working details of project on work directives and change orders up to project approved contingency
I. Additional Appropriation: 2020 Pavement Overlay Program (Cl 5503); First Amendment to Reimbursement Agreement with Conejo Recreation and Park District (CRPO), Contract No. 12359-2020, in amount of $68,800, for bid items quantity adjustments and additional scope of work; $68,800 budget appropriation and expenditure A/C 001-0000-437-9900 (Cl 5503, CRPD Reimbursement) to A/C 001-5310-631-8300 (Cl 5503, Improvements Other Than Building)
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MINUTES OF THE CITY COUNCIL/TOPFA
Thousand Oaks. California 6 July 7, 2020

7. CONSENT CALENDAR: (Continued)
J. Additional Appropriation: Janitorial Services at Various City Facilities; award General Services Agreement to Executive Facilities Services, Inc., OBA Executive Services (EFS) for three-year term with two additional one-year options to extend, not-to-exceed amount of $4,750,000 over lifetime of contract for regularly scheduled janitorial services at various City facilities, including $200,000 for extra services; authorize $607,450 expenditure:
$479,400 from various General Fund accounts, $79,250 from various Theatre Fund accounts, $800 from various Solid Waste Fund accounts, $9,000 from various Water Fund accounts, and $39,000 from various Wastewater Fund accounts; budget appropriation and authorize expenditures in the amount of $104,144 from A/C #001-0000-311-1000 (General Fund - Fund Balance) to the following accounts: A/C #001-3570-612-5620 (Contracted Services - Janitorial) $18,865, A/C #001-3571-677-5620 (Contracted Services - Janitorial) $6,300, A/C #001-3572-677-5620 (Contracted Services - Janitorial) $3,500, A/C #001-3573-677-5620 (Contracted Services - Janitorial) $450, A/C #001-3574-677-5620 (Contracted Services - Janitorial) $450, A/C #001- 3575-673-5620 (Contracted Services - Janitorial) $17,400, A/C #001-3582- 612-5620 (Contracted Services-Janitorial) $4,700, A/C #001-3585-612-5620 (Contracted Services - Janitorial) $10,600, A/C #001-3590-612-5620 (Contracted Services - Janitorial) $33,600, A/C #001-5640-631-5620 (Contracted Services - Janitorial) $2,275, A/C #001-5650-631-5620 (Contracted Services - Janitorial) $6,004; and $2,746 from A/C 611-0000-341- 9900 (Water Fund, Net Position) to A/C #611-5650-682-5620 (Contracted Services - Janitorial); and $2,746 from A/C #621-0000-341-9900 (Wastewater Fund, Net Position) to A/C #621-5650-682-5620 (Contracted Services - Janitorial); and $75,000 from A/C #681-0000-341-9900 (Theatre Fund, Net Position) to A/C #681-7710-682-5620 (Contracted Services - Janitorial) $60,000 and A/C #681-7810-682-5620 (Contracted Services - Janitorial) $15,000
K. Approved Expenditure: Citywide Janitorial Supply Contract; "piggyback" agreement using City of Tucson, AZ janitorial supply contract through OMNIA Partners with award to Network Services Company, Inc., for janitorial supplies and equipment, 07/07/2020 through 05/31/2023, with option to extend additional two years to 05/31/2025; authorize expenditure of amount not-toexceed $400,000 for duration of contract from various accounts related to Citywide facilities
L. No Appropriation/Expenditure Required: Response to Grand Jury Report Cybersecurity Strategies for Cities in Ventura County; authorize Mayor to provide written response to April 17, 2020, Ventura County Grand Jury report "Cybersecurity Strategies for Cities in Ventura County," and forward response to Grand Jury
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MINUTES OF THE CITY COUNCIL/TOPFA
Thousand Oaks. California 7 July 7. 2020

7. CONSENT CALENDAR: (Continued)
M. No Appropriation/Expenditure Required: Thousand Oaks Public Financing Authority Annual Update; receive and file
N. Additional Appropriation: Bureau of Justice Assistance (BJA) FY 20 Coronavirus Emergency Supplemental Funding Program Grant; authorize acceptance of Office of Justice Programs (OJP) and U.S. Department of Justice (DOJ), BJA FY 2019-20 Coronavirus Emergency Supplemental Funding Program award of $35,622 to be received by City for Thousand Oaks Police Department; $35,630 budget appropriation and expenditure, $30, 130 A/C 001-6610-438-9900 (LE0001, Federal Grants) to A/C 001-6610-621- 3300 (LE0001, Equipment less than $5,000) and $5,500 A/C 001-67 40-438- 9900 (LE0001, Federal Grants) to A/C 001-6740-627-3300 (LE0001, Equipment less than $5,000)

0. No Appropriation/Expenditure Required: City Manager Authority During Summer Recess; adopt resolution

RESOLUTION DELEGATING CERTAIN INTERIM AUTHORITY TO CITY MANAGER RES. NO. 2020-038
P. Approved Expenditure: 2020 Pavement Overlay Program (Cl 5503); adopt resolution
RESOLUTION ADOPTING LIST OF PROJECTS FOR FY 2020-21 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 RES. NO. 2020-039
500
City Council

REGULAR MEETING - TELECONFERENCE/VIDEO CONFERENCE
Tuesday, March 9, 2021, 6:00 P.M.

Andrew P. Fox City Council Chambers
Public advisory: The City Council facilities are closed to the public.

You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), the City's website (www.toaks.org/TOTV), and YouTube (CTO Meetings).

Pursuant to the Governor’s Executive Order N-29-20, City Councilmembers will be participating via teleconference and/or video conference.

You may participate in the meeting by submitting written comments or requesting to speak no later than 5:00 p.m. the day of the meeting.

If you would like to submit a written comment, please complete the online Comment Form.

Please see page two for more information.

If you would like to speak on an agenda item, please complete the online Speaker Form.

Please see page two for more information.

Claudia Bill-de la Peña, Mayor
Bob Engler, Mayor Pro Tem
Al Adam, Councilmember
Ed Jones, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jim Friedl, General Manager, CRPD Heather Cousin, Library Director John Spykerman, Fire Chief Jim Fryhoff, Police Chief
MISSION STATEMENT:

Extraordinary Service to the Citizens We Serve is Our Purpose AR000477
C ity of
Thousand
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AGENDA
2100 Thousand Oaks Boulevard • Thousand Oaks, CA 91362
Phone 805/ 449.2151 • Fax 805/ 449.2150 • www.toaks.org toaks.org
501
The following is provided to assist with public participation:

Special Meeting Public Input: Only issues listed on a special meeting agenda may be addressed pursuant to the Brown Act/Special Meetings.

Supplemental Information: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets.

AR000478
502

CITY OF THOUSAND OAKS CITY COUNCIL AGENDA
Thousand Oaks, California 3 March 9, 2021
RES. NO. 2021-007
ORD. NO. 1684-NS

1. CALL TO ORDER: 6:00 p.m.

2. PLEDGE OF ALLEGIANCE:

3. ROLL CALL: Councilmembers Adam, Jones, McNamee, Engler, and Mayor Billde la Peña

4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:

5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:

A. COVID-19 Update

6. PUBLIC COMMENTS:

7. CONSENT CALENDAR: None

8. PUBLIC HEARING: None

9. DEPARTMENT REPORTS:

A. Solid Waste Franchise Agreement Award

RECOMMENDATION: Approve Exclusive Solid Waste Franchise Agreement (Agreement) with Arakelian Enterprises, Inc. dba Athens Services (Athens), City of Industry, CA, for residential and commercial solid waste, recyclable materials, and organic waste collection services for a 15- year term from January 1, 2022 through December 31, 2036

10. COMMITTEE/COMMISSION/BOARD REPORTS: None

11. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS
REDEVELOPMENT AGENCY REPORTS: None

12. COUNCIL ISSUES/RECOMMENDATIONS:

A. Follow-up reports on meetings/conferences attended by Councilmembers AR000479
503

CITY OF THOUSAND OAKS CITY COUNCIL AGENDA
Thousand Oaks, California 4 March 9, 2021

13. CITY MANAGER:

A. Follow-up items
B. Announcements and upcoming issues

14. CLOSED SESSION: None

15. PUBLIC NOTICES: None

16. ADJOURNMENT:

Adjourn in memory of:
o Richard Rosiejka, former Planning Commissioner
to Regular Meeting March 16, 2021
Agenda Post Date/Time: March 1, 2021, 8:30 p.m.

CCD:610-40\h:\common\agenda\2021\03-09-21.docx
AR000480
504
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: March 9, 2021
SUBJECT: Solid Waste Franchise Agreement Award
RECOMMENDATION:

Approve Exclusive Solid Waste Franchise Agreement with Arakelian Enterprises, Inc. dba Athens Services (Athens), City of Industry, CA, for residential and commercial solid waste, recyclable materials, and organic waste collection services for a 15-year term from January 1, 2022 through December 31, 2036.

FINANCIAL IMPACT:

No Additional Funding Requested. Cost of consultant to assist with Request for Proposals (RFP) and evaluation process was included in the Adopted FY 2020-21 Solid Waste Fund Budget and will be reimbursed by Athens. Associated staff time was included in the Adopted FY 2020-21 Solid Waste Fund Budget.

The Franchise Fee rate will remain at nine percent. The revenue is estimated at $2.0 million annually in the General Fund and will be included in the upcoming biennial budget.

The Solid Waste Management Fee remains at 8.25 percent for commercial service and is adjusted to 10.25 percent for residential service. The estimated revenue is $1.8 million annually in the Solid Waste Fund, which supports the City’s solid waste program administration and services.

BACKGROUND:

The City utilizes exclusive franchise agreements for the regularly scheduled collection and processing of trash, recyclables, and organic waste, and street sweeping services. Residential services are currently provided through exclusive franchise agreements with USA Waste of California (Waste Management) and Newbury Disposal Company, E.J. Harrison and Sons, Inc. (Harrison), which serve two distinct geographic areas of Thousand Oaks. Commercial service is provided AR000481
City of
Thousand Oaks
Public Works Department

STAFF REPORT
2100 Thousand Oaks Boulevard • Thousand Oaks, CA 91362
Phone 805 / 449.2400 • Fax 805 / 449.2475 • www.toaks.org 505
Solid Waste Franchise Agreement Award
March 9, 2021

Page 2 ends

by Waste Management through its exclusive franchise agreement with the City.

Exclusive franchise agreements have been in place with Waste Management and Harrison in various forms since 1998.

Existing agreements with both companies were scheduled to expire on June 30, 2021, requiring that they be extended, renegotiated with the current haulers, or the solid waste service opened to an RFP process. To assist with negotiation of new solid waste franchise agreements and rate analyses for residential and commercial collection services, on December 18, 2018, City Council approved a professional consulting services agreement with R3 Consulting Group Inc. (R3). Throughout 2019, staff and R3 met with Waste Management and Harrison to discuss and negotiate the terms and associated rates for new solid waste agreements that would maintain compliance with State regulations, provide excellent service to residents and businesses, and minimize rates.

On May 21, 2019, City Council extended the hauler agreement expiration dates to December 31, 2021, to allow time to continue the negotiation process and develop Memoranda of Understanding (MOUs).

On December 10, 2019, City Council received and considered a staff report with options, including the negotiated MOUs for the provision of exclusive franchise solid waste service in the City. After deliberation, City Council requested a postponement of their decision. On January 28, 2020, City Council rejected the terms of the MOUs negotiated with Waste Management and Harrison, authorized staff to issue notices of non-extension of the existing agreements to Waste Management and Harrison, and directed staff to begin the RFP process for selection of exclusive solid waste hauler services. The City had not previously ever issued an RFP or initiated a bidding process for an exclusive solid waste franchise to operate in Thousand Oaks.

On March 31, 2020, City Council approved a professional consulting services agreement with R3 in the amount of $134,500, to provide assistance with the solid waste franchise RFP process. On July 7, 2020, City Council authorized staff to issue the RFP for the City’s exclusive solid waste franchise.

Solid Waste Regulations
Since the existing hauler agreements went into effect, the State legislature has passed several laws that significantly affect the processing of trash, recyclables, and organic waste. In 2011, the State adopted AB 341, requiring all businesses to recycle and jurisdictions to implement a commercial solid waste recycling program.

This Bill also established a goal of a 75 percent recycling rate (diversion) by 2020.

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Additionally, the State passed laws that affect organic solid waste handling. AB 1826 (2014) requires each jurisdiction to implement an organic waste recycling program to divert from the landfill organic waste from businesses and multi-family dwellings. Businesses meeting specific solid waste generation thresholds are required to arrange for organic waste recycling services. Organic waste includes food waste, green (landscaping/yard) waste, non-hazardous wood waste, and food-soiled paper waste that is mixed in with food waste.

In 2016, an additional State law (SB 1383), designed to keep organics out of the landfills, was passed. SB 1383 requires a 50 percent reduction in organic waste disposal by 2020 and 75 percent by 2025. Final rulemaking was completed in November 2020 with regulations to go into effect January 1, 2022. Under the new law, jurisdictions are required to provide organics services to all residents and businesses, establish an edible food recovery program, procure recyclable and recovered organic products, secure access to organics recycling capacity, monitor compliance, and conduct enforcement.

Existing Solid Waste Service
Residential solid waste collection is provided through a bundled three-bin weekly service, which includes a 64-gal garbage cart, 64-gal recycling cart, and 96-gal green waste cart. Limited service is available for residents with less garbage, and those with no yard waste, who for example reside in some multi-family units. The 2021 basic residential service rate is $36.73 per month.

Regularly scheduled commercial solid waste service is available for trash, recycling, and food waste (organics). Commercial green (landscaping) waste collection is available only on demand. Commercial trash and recycling service is available in a number of different cart and bin sizes from 64-gal to six yds, with additional options for larger roll-offs and compactors. In addition, collection can be scheduled from once to six times per week. (Please note: throughout this document report “yd” is used to denote volume in cubic yards, and “gal” is used for gallons.)
The most common commercial service in the City is a once-a-week collection service for a three-yd garbage bin and a three-yd recycling bin and currently costs $237.09 per month.

DISCUSSION/ANALYSIS:

In accordance with Government Code section 4526 and Thousand Oaks Municipal Code section 3-10.401, staff solicited a formal Request for Proposals for Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services. Unlike the low bid requirements of the Public Contract Code, AR000483
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contracts for professional, management, general, or special services should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, training, credentials, resources, staffing, and other professional qualifications necessary for more than a satisfactory performance of the services solicited.

The award of an RFP is based upon a variety of factors that demonstrate best value to the agency for the solicited scope of service. The cost of the service may be considered as one of those factors; however, the lowest cost is not the sole factor in deciding who will be awarded the contract. The waste hauler RFP was published on July 16, 2020 in the Thousand Oaks Acorn, and from this effort, four proposals were received.

Proposal evaluations
The terms of the new Agreement (Attachment #1) were specified in the RFP, and all interested haulers submitted their proposals and service rates in response to the conditions specified therein. Proposals from the following four entities were received:
• American Reclamation, Inc., Los Angeles
• Arakelian Enterprises, Inc. dba Athens Services, City of Industry • E.J. Harrison and Sons, Inc., Ventura
• G.I. Industries dba Waste Management, Simi Valley
Proposals were evaluated based on the following criteria as specified in the RFP document:

1. Qualifications, Experience and Reputation of Contractor, and SubContractors in Providing Solid Waste Services

2. Financial Qualifications of Contractor and Sub-Contractors

3. Technical Approach

4. Sustainability, Diversion, and Outreach

5. Customer Service

6. Maximum Service Rates
A five-person Review Committee comprised of City and consultant staff independently scored each of the proposals on each of the first five criteria. These scores were averaged across committee members and weighted according to their significance. A separate evaluation of proposed rates was conducted through direct rate comparison. Based on the evaluation scoring, three finalists were selected and invited to make a presentation to the Review Committee and answer questions about their proposals.

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The finalists - Athens, Harrison, and Waste Management - were interviewed by the Review Committee between December 2 and December 4, 2020. Subsequently, committee members unanimously ranked Athens highest overall. Additionally, Athens ranked highest in an evaluation of service rates, offering significantly lower rates than the competing haulers for both residential and commercial service.

For the basic residential cart service, utilized by more than 95 percent of currentlyserviced residents, a comparison of proposed rates is shown in the table below.

Also shown are the proposed rates for the most utilized commercial bundled service comprising once-a-week collection of a three-yd garbage bin, three-yd recycling bin, and 96-gal organics cart.

Service Athens EJH WM
Basic residential cart service
(64-gal garbage, 64-gal recycling,
96-gal organics)
$24.36 $33.54 $33.75
Basic commercial bundle
(3-yd garbage, 3-yd recycling,
96-gal organics; once per week)
$174.99 $317.00 $290.34
The rate differences shown here are reflective of those overall. A complete comparison of all proposed rates is provided in Attachment #2.

Athens proposes to use the following facilities for waste processing and disposal:

Solid Waste: Calabasas Landfill
Recyclables: Sun Valley Materials Recovery Facility
Green and Organic Waste: American Organics (Victorville) Provisions of new Agreement
The new Agreement was developed to ensure compliance with recent State legislation. Commercial service has been designed to operate as a bundled service much like the existing residential service, whereby separate garbage, recycling, and organics containers will be provided to customers in one bundled package.

Commercial customers will select their garbage container size and frequency, and as part of the bundled package, will receive an equivalent volume of recycling service and organics service calculated as one 32-gal organic waste cart per twoyds of total weekly trash (garbage plus recycling). For example, commercial customers subscribing to a once-a-week three-yd garbage bin service would receive a three-yd recycling bin and a 96-gal organics cart in their bundled service.

Customers will have the ability to increase recycling and organics collection volume as needed. New green (landscaping) waste-only and food waste-only scheduled collection services will also be available.

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The new Agreement includes a 15-year term, chosen to allow the hauler to spread the significant capital costs of new vehicles, containers, and infrastructure over their lifetimes, and thus ensure the lowest rates for service recipients.

A new service to provide quarterly collection of household hazardous waste (HHW) from homes has been included as a convenience to residents. The City’s permanent HHW Facility will remain open for drop off on Fridays and Saturdays.

Key provisions of the new Agreement include:
• Start date of January 1, 2022.
• 15-year term with provision for two five-year extensions at the option of the City.
• SB 1383 compliance.
• Bundled commercial and residential service (all recipients receive garbage, recycling, and organics service). Residents to add food waste to green waste cart.
• Cash reimbursement to the City by contractor for cost of consultant. • HHW Home Collection Service (quarterly).
• Street sweeping service to continue to be provided by waste hauler. • New provisions for multi-family and mixed-use developments that include large item disposal and use of “scout” truck to retrieve containers in difficultto-access areas such as underground garages. • Three (3) free landfill disposal days a year, each allowing residents to drop off up to two vehicle loads of trash at no charge.
• Two (2) times per year bulky item waste (large item) pickup. • Expanded service of up to 150 public area garbage and recycling waste containers, an increase from the current 70 garbage and 35 recycling containers now.
• All new clean-fuel vehicles (vehicles to be powered with renewable natural gas or electric).
• All residential carts to be new, with correct usage labelling meeting CalRecycle requirements.
• Commercial bins to be new, or if in good condition, freshly painted. • All collection containers to utilize standard colors: blue for recycle, black/charcoal for garbage, green/brown for yard waste/mixed organics, and green with yellow lid or yellow for food waste only – and with correct usage labelling that meets CalRecycle requirements.
• Contractor to offer employment to displaced workers at equal or greater salary.
• Compliance tracking and reporting through online Waste Reporting System. • Performance metrics, accountability, and penalties.

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• Annual rate increases limited to any increase in the annual Consumer Price Index (CPI) and capped at four percent.

The Agreement was designed to meet the requirements of the State’s recycling mandates and to be appropriate for the capabilities and capacities of available recycling and organics processing facilities at the start of this Agreement. The capabilities and capacities of such facilities may change during the term of the Agreement; as such the City may redirect materials to alternate facilities in the future with allowance for adjustments to Maximum Service Rates to reflect any additional costs borne by Athens.

Benefits to the Community
In addition to the provisions of the Agreement as specified in the RFP, Athens included the following benefits to the City as part of their proposal. The benefits were incorporated in the proposed Agreement:
• $200,000 per year in community benefit grant support to the Thousand Oaks community for the term of the Agreement.
• A walk-in customer service center located in Thousand Oaks. • Forty-five (45) recycling coordinators to meet with businesses and facilitate the transition process in the six months prior to the Agreement start date. • A live dashboard for the public to view waste hauler truck locations in realtime. • Dashboard of service account information available to the City for customer service and compliance purposes.

Residents: Under the new Agreement with Athens, residents would see an approximately 34 percent reduction in their current monthly trash bill, from $36.73 to $24.36 per month. Residents receiving limited service will receive even larger percentage savings. In addition, residents in multi-family dwellings will now have access to free large-item disposal service. A new quarterly HHW Home Collection service will be available at no charge to all residents. On average, residential households will save $150 annually relative to current charges, a total annual savings to residents across the City of $4.7 million. If future annual CPI increases average 2.5 percent (the average for the past twenty years), residential rates will be less at the end of the fifteen-year contract than they are currently.

Businesses: Commercial customers will be impacted by both new regulations and service rates. Currently all commercial customers who generate four-yds or more of solid waste per week are required to subscribe to recycling services. Effective September 2020, all commercial customers who generate two-yds or more of solid waste per week were also required to subscribe to organics recycling services.

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Because the addition of organics collection and processing services is inherently challenging, the roll-out of the organics program has been slow in the City and throughout the State. As a result, last Fall the California Department of Resources Recycling and Recovery (CalRecycle) required the City to submit an action plan for compliance with the organics mandate. This plan included the distribution of compliance notices to all businesses at the end of 2020, and the inclusion of organics service to all residents and businesses in the new Franchise Agreement.

To ensure compliance with State mandates, the new Agreement will require businesses to subscribe to a bundled service as described herein. Rates for this new service are not directly comparable to existing rates because (i) most businesses do not yet receive organics service; and (ii) their current recycling service has historically been lower volume than their current garbage service.

The two most common existing commercial services are once-a-week service for bins of varying size, and four-yd bin service at varying collection frequency. The 2022 Athens rates for these bundled services under the new proposed Agreement are shown below together with rates for a combined garbage service and equal volume recycling service under the current service agreement.

Once-a-week bundled service
(Equal-sized garbage + recycling + min. organics)
Bin size: 2-yd 3-yd 4-yd
2022 rate $157.96 $174.99 $278.09
Equal-sized garbage + recycling
Current rate $178.97 $237.09 $306.59
3-yd bundled service
(3-yd garbage + 3-yd recycling + 96-gal organics)
Frequency: 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
2022 rate $174.99 $305.52 $472.95 $613.50 $778.69 $943.89 3-yd garbage + 3-yd recycling
Current rate $237.09 $299.49 $423.89 $548.29 $672.69 $797.09 Even with the addition of organics recycling service, small businesses with oncea-week service will save on their solid waste costs. Businesses with a more frequent service will likely see increased costs, but the increases are substantially less than what would have occurred under the negotiated MOU or under the AR000488

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competing proposals, and were anticipated as a result of recent increased recycling costs and the implementation of AB 1826 and SB 1383.

Businesses that utilize roll-offs and compactors to meet higher volume needs will see reduced rates, with the hauling rates for servicing these reduced to $210 for roll-offs and $295 for compactors regardless of container size. These amount to reductions of up to 22 percent over current rates.

To minimize impacts on commercial customers, Athens will deploy a team of fortyfive (45) recycling coordinators to meet one-on-one with businesses to assess their solid waste needs and develop a service plan that meets these needs while minimizing costs and maintaining regulatory compliance. In many cases, it is anticipated that businesses will require the same total weekly volume of solid waste service as now, but that their collection containers will need to be reconfigured so that waste is distributed into the appropriate stream.

Athens Services
Athens is a family-owned and -operated company, which currently provides waste, recycling, and organics collections services to forty-one communities in Southern California. Arakelian Enterprises, Inc. is the successor to Athens Disposal Company, which commenced operations in 1957. Athens corporate headquarters are located in the San Gabriel Valley in the City of Industry, but they will conduct business in the City from their local Sustainability Center located in Thousand Oaks. Athens currently provides solid waste services in the cities of Los Angeles, Beverly Hills, Whittier, San Gabriel, Sierra Madre, Santa Paula, Monrovia, West Hollywood, Pasadena, Glendora, Redondo Beach, and many others.

Staff contacted references in a number of cities and received positive recommendations. Athens was praised in particular for their customer service, outreach and education programs.

Community Outreach: As part of the Agreement, extensive community outreach is planned prior to and during the transition to the new hauler. Exhibit 10 of the Agreement details Athens’ transition plan including the plan for education and outreach which begins in June 2021, six months prior to the start of service. Cityspecific supporting material will be developed and distributed to all service recipients in the latter half of this year, explaining the new service. A dedicated website for Thousand Oaks residents and businesses will be developed by Athens, town hall meetings will be hosted, a Sustainability Center located opposite City Hall will be utilized for walk-in service, and site assessments will be scheduled individually with businesses.

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This City Council item meets City Council Priority #8: “Promote environmental sustainability efforts through Sustainability Strategic Plan.” COUNCIL GOAL COMPLIANCE:

Meets City Council Goals B and E:

B. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.

E. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.

PREPARED BY: Helen Cox, Sustainability Division Manager Attachments:

Attachment #1 – Agreement with Arakelian Enterprises, Inc. dba Athens Services
Attachment #2 – Comparison of proposals submitted
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1 COLLECTION SERVICES AGREEMENT
2 FOR THE PROVISION OF
3 4 RESIDENTIAL AND COMMERCIAL SOLID WASTE,
5 RECYCLABLE MATERIALS AND ORGANIC WASTE
6 COLLECTION SERVICES
7 8 Executed Between the
9 City of Thousand Oaks and Arakelian Enterprises, Inc. 10 d/b/a Athens Services
11 This 1st 12 day of January 2022
13 14
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16 TABLE OF CONTENTS
17 Collection Services Agreement
18 19 Article 1. Definitions................................................................................................................ 5 20 Article 2. Term of Agreement.................................................................................................16 21 Article 3. Conditions Governing Services Provided by Contractor..........................................16 22 Article 4. Billing, Charges and Rates..............................................................................26 23 Article 5. Diversion Requirements..................................................................................29 24 Article 6. Service Unit Types..........................................................................................32 25 Article 7. SFD Service....................................................................................................33 26 Article 8. Commercial Service........................................................................................38 27 Article 9. Multi- Family Dwelling Service with Individual Carts (MFD-I)...........................45 28 Article 10. Multi-Family Dwelling with Centralized Bin Service (MFD-C)...........................45 29 Article 11. Mixed Use Dwelling Service (MXD).................................................................46 30 Article 12. City Services...................................................................................................46 31 Article 13. Additional Services .........................................................................................48 32 Article 14. Collection Routes............................................................................................49 33 Article 15. Minimum Performance and Diversion Standards ............................................49 34 Article 16. Collection Equipment ......................................................................................51 35 Article 17. Contractor’s Office ..........................................................................................54 36 Article 18. Contractor Support Services ...........................................................................55 37 Article 19. Emergency Service.........................................................................................60 38 Article 20. Record Keeping and Reporting Requirements ................................................60 AR000492
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39 Article 21. Nondiscrimination ...........................................................................................65 40 Article 22. Service Inquiries and Complaints....................................................................65 41 Article 23. Quality of Performance of Contractor..............................................................66 42 Article 24. Performance Bond ..........................................................................................67 43 Article 25. Insurance........................................................................................................68 44 Article 26. Hold Harmless and Indemnification.................................................................70 45 Article 27. Default of Agreement ......................................................................................73 46 Article 28. Modifications to the Agreement.......................................................................75 47 Article 29. Legal Representation......................................................................................76 48 Article 30. Conflict of Interest ...........................................................................................76 49 Article 31. Contractor's Personnel....................................................................................77 50 Article 32. Exempt Waste.................................................................................................77 51 Article 33. Independent Contractor ..................................................................................77 52 Article 34. Laws to Govern...............................................................................................78 53 Article 35. Consent to Jurisdiction....................................................................................78 54 Article 36. Assignment .....................................................................................................78 55 Article 37. Compliance with Laws ....................................................................................79 56 Article 38. Permits and Licenses......................................................................................79 57 Article 39. Ownership of Written Materials .......................................................................79 58 Article 40. Waiver.............................................................................................................79 59 Article 41. Prohibition Against Gifts..................................................................................79 60 Article 42. Point of Contact ..............................................................................................80 61 Article 43. Notices............................................................................................................80 AR000493
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62 Article 44. Transition to Next Contractor ..........................................................................80 63 Article 45. Contractor’s Records ......................................................................................81 64 Article 46. Entire Agreement ............................................................................................82 65 Article 47. Severability .....................................................................................................82 66 Article 48. Right to Require Performance.........................................................................82 67 Article 49. All Prior Agreements Superseded ...................................................................82 68 Article 50. Headings.........................................................................................................82 69 Article 51. Exhibits ...........................................................................................................82 70 Article 52. Attorney’s Fees...............................................................................................82 71 Article 53. Effective Date..................................................................................................83 72 Article 54. Signatures.......................................................................................................83 73 74 This Agreement is effective as of January 1, 2022 (“Effective Date”), and is between the City of Thousand 75 Oaks, a general law city of the State of California, referred to as "City" and Arakelian Enterprises, Inc. d/b/a 76 Athens Services referred to as "Contractor".
77 Now, therefore, in consideration of the mutual covenants, agreements and consideration contained in this 78 Agreement, City and Contractor agree as follows:
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80 Article 1. Definitions
81 For the purpose of this Collection Services Agreement, referred to as "Agreement", the definitions contained 82 in this Article apply unless otherwise specifically stated. When not inconsistent with the context, words used 83 in the present tense include the future, words in the plural include the singular, and words in the singular 84 include the plural. Use of the masculine gender includes the feminine gender. The meaning of terms or 85 words not defined in this Article will be as commonly understood in the solid waste collection services 86 industry when the common understanding is uncertain. 87 1.01 AB 341. “AB 341” means State of California Assembly Bill No. 341 approved October 5, 88 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more 89 than 4 cubic yards of commercial solid waste per week or multifamily residential dwellings of 5 units or 90 more, to arrange for recycling services and requires jurisdictions to implement a commercial solid waste 91 recycling program.
92 1.02 AB 827. “AB 827” means State of California Assembly Bill No. 827 approved October 02, 93 2019. AB 827 requires businesses that are mandated to recycle under AB 341 (“MCR”) and/or mandated 94 to recycle organics under AB 1826 (“MOR”) or SB 1383 and that provide customers access to the business, 95 to provide customers with a recycling bin and/or organics collection bin for those waste streams that is 96 visible, easily accessible, and adjacent to each bin or container for trash. 97 1.03 AB 939. “AB 939” or “The Act” means “The California Integrated Waste Management Act 98 of 1989” codified in part in Public Resources Code §§ 40000 et seq, as it may be amended and as 99 implemented by the regulations of the California Department of Resources Recycling and Recovery 100 (CalRecycle), or its successor agency.
101 1.04 AB 1594. “AB 1594” means State of California Assembly Bill No. 1594 approved 102 September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative 103 Daily Cover does not constitute diversion through recycling and would be considered disposal. 104 1.05 AB 1699. “AB 1669” means State of California Assembly Bill No. 1669 approved 105 September 30, 2016 which amends California Labor Code Sections 1070 through 1076 with respect to the 106 hiring of displaced employees under service contracts for the collection and transportation of solid waste. 107 1.06 AB 1826. “AB 1826” means State of California Assembly Bill No. 1826 approved 108 September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an 109 organic waste recycling program to divert from the landfill organic waste from businesses. Each business 110 meeting specific organic waste or solid waste generation thresholds phased in from April 1, 2016 to 111 January 1, 2020, is required to arrange for organic waste recycling services. 112 1.07 AB 3036. “AB 3036” means State of California Assembly Bill No. 3036 approved 113 September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from 114 subjecting the hauling of certain byproducts from the processing of food or beverages to an exclusive 115 franchise, contract, license, or permit.
116 1.08 Agreement. “Agreement” means the written agreement between the City and the 117 Contractor covering the work to be performed and all contract documents attached to the agreement and 118 made a part thereof.

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119 1.09 Agreement Administrator. The City Manager, or his or her designee, designated to 120 administer and monitor the provisions of the Agreement.

1.10 Agreement Year. Agreement year means each twelve (12) month period from January 1 121 st to December 31st 122 during the term of this Agreement. 123 1.11 Applicable Law. “Applicable Law” means all laws, regulations, rules, orders, judgments, 124 decrees, permits, approvals, or other requirement of any federal, state, county, city, and local 125 governmental agency having jurisdiction over the collection and disposition of Solid Waste, including 126 Recyclable Materials, Organic Waste, and Construction and Demolition Waste. 127 1.12 Best Management Practice. Best Management Practice means the collection of written 128 activities, practices, policies and procedures prepared and proposed by a responsible party, and then 129 approved by the Director, to prevent or reduce, to the maximum extent that is technologically and 130 economically feasible, the discharge of pollutants to the storm drain system which might be generated 131 from any site in the City.
132 1.13 Bin. “Bin” means a metal or plastic waste container designed or intended to be 133 mechanically serviced by a commercial front-end loader vehicle. It shall be designed to hold from one (1) 134 to six (6) cubic yards of material with the lid properly closed. The specifications for Contractor-provided 135 Bins are set forth in Exhibit 4.
136 1.14 Biohazardous or Biomedical Waste. Any waste which may cause disease or reasonably 137 be suspected of harboring pathogenic organisms; included is waste resulting from the operation of medical 138 clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human 139 and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, 140 contaminated clothing and surgical gloves.
141 1.15 Brown Goods. Electronic equipment such as stereos, televisions, computers, VCR’s and 142 other similar items collected from SFD Service Units. 143 1.16 Business Day. Any Monday through Friday, excluding any holidays as defined in Section 144 3.07.
145 1.17 Calendar Year. Each twelve (12) month period from January 1 to December 31. 146 1.18 Cart. “Cart” means a heavy plastic receptacle with a rated capacity of at least twenty (20) 147 and not more than one-hundred (100) gallons, having a hinged tight-fitting lid and wheels, that is provided 148 by the Exclusive Franchise Solid Waste Contractor, approved by the City, and used by Service Recipients 149 for collection, accumulation, and removal of solid waste from commercial, industrial, or residential 150 premises in connection with Exclusive Franchise Collection Services. The specifications for Contractor151 provided Carts are set forth in Exhibit 3. 152 1.19 CERCLA. The Comprehensive Environmental Response, Compensation and Liability Act 153 of 1980, 42 U.S.C. Sections 9601 and following, as may be amended and regulations promulgated 154 thereunder.
155 1.20 Change in Law. Change in Law means any of the following events or conditions which has 156 a material and adverse effect on the performance by the parties of their respective obligations under this AR000496
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157 Agreement (except for payment obligations), or on the siting, design, permitting, acquisition, construction, 158 equipping, financing, ownership, possession, management operation or maintenance of the operating 159 assets or providing the franchise service or other matters to which Applicable Law applies:
160 A. the enactment, adoption, promulgation, issuance, modification, or written change 161 of or in Applicable Law, including but not limited to new or increased fees and charges imposed by the State 162 of California or the U.S. Federal government, directly related to the collection, handling, processing, 163 recycling or disposal of Solid Waste, or the enactment, adoption, promulgation, issuance, modification, or 164 written change in administrative or judicial interpretation on or after Effective Date of any Applicable Law; 165 B. the order or judgment of any Governmental Body, on or after the Effective Date, to 166 the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of 167 reasonable diligence of the City or of the Contractor, whichever is asserting the occurrence of a Change in 168 Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such 169 order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission 170 or lack of reasonable diligence; or
171 C. the denial of an application for, delay in the review, issuance or renewal of, 172 suspension, termination, interruption or imposition of a new or more stringent condition in connection with 173 the issuance, renewal or failure of issuance or renewal on or after the Effective Date of any Legal 174 Entitlement to the extent that such denial, delay, suspension, termination, interruption, imposition or failure 175 materially and adversely interferes with the performance of this Agreement, of and to the extent that such 176 denial, delay, suspension, termination, interruption, imposition or failure is not the result of willful or 177 negligent action, error or omission or a lack of reasonable diligence of the City or of the Contractor, 178 whichever is asserting the occurrence of a Change of Law; provided, however, that the contesting in good 179 faith or failure in good faith to contest any such denial, delay, suspension, termination, interruption, 180 imposition or failure shall not be construed as such a willful or negligent action, error or omission or lack of 181 reasonable diligence.
182 1.21 City. The City of Thousand Oaks, California.
183 1.22 City Collection Service. City Solid Waste Collection Service, City Organic Waste Collection 184 Service, and City Recycling Service.
185 1.23 City Facility. City Facility(ies) means any building or other site owned or leased by the City 186 or used regularly and significantly and the space therein occupied by more than seventy-five percent (75%) 187 by employees or Contractors of the City.
188 1.24 City Manager. City Manager means the City Manager of the City of Thousand Oaks, or his 189 or her designated representative, or any employee of the City who succeeds to the duties and 190 responsibilities of the City Manager.
191 1.25 Code. Code means the City of Thousand Oaks Municipal Code. 192 1.26 Collection. The process whereby Residential, Commercial, and City Solid Waste are 193 removed and transported to a Disposal Facility, Organic Waste Processing Facility or Materials Recycling 194 (or Recovery) Facility as appropriate.

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195 1.27 Collection Container. A Bin, Cart, or Roll-Off Container that is approved by the Agreement 196 Administrator for use by Service Recipients for Collection Services under this Agreement. 197 1.28 Collection Services. “Collection Services” means Residential Collection Service, 198 Commercial Collection Service, and City Collection Service. 199 1.29 Commercial Collection Service. Commercial Garbage Collection Service, Commercial 200 Organic Waste Collection Service, and Commercial Recycling Service. Specifically includes the following:
201 A. Commercial Garbage Collection Service. The Collection of Commercial Garbage 202 by Contractor, from Commercial Service Units in the Service Area and the delivery of that Commercial 203 Garbage to a Disposal Facility.
204 B. Commercial Organic Waste Collection Service. The Collection of Organic Waste, 205 by Contractor, from Commercial Service Units in the Service Area, the delivery of those Organic Waste 206 materials to an Organic Waste Processing Facility and the processing and marketing of those Organic 207 Waste materials, and the disposal of all Commercial Organic Waste Processing Residue. 208 C. Commercial Recycling Collection Service. The Collection of Recyclable Materials, 209 by Contractor, from Commercial Service Units in the Service Area, the delivery of those Recyclable 210 Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable Materials, 211 and the disposal of all Commercial Recyclable Materials Processing Residue. 212 1.30 Collection Vehicle. A licensed vehicle that is approved by the Agreement Administrator for 213 use by Contractor for the collection and hauling of Solid Waste. 214 1.31 Compactor. Any Roll-Off Container which has a compaction mechanism, whether 215 stationary or mobile.
216 1.32 Complete Sweep. Sweeping along all curbs including Median Islands and the corners from 217 any cross street intersecting the subject street. Does not include additional passes down the middle of 218 lanes except to clean around Median Islands.
219 1.33 Compost. “Compost” means the product resulting from the controlled biological 220 decomposition of Organic Wastes that are source separated from the municipal waste stream, or which 221 are separated at a centralized facility. Compost may also include the product of anaerobic digestion or 222 other conversion technologies.
223 1.34 Composting. “Composting” means the controlled and monitored process of converting 224 Organic Waste into Compost.
225 1.35 Construction and Demolition waste. “Construction and Demolition waste” or “C & D” means 226 Solid Waste consisting of building materials, packaging and rubble resulting from construction, remodeling, 227 repair, and demolition operations on pavement, residential, commercial or industrial premises, buildings, 228 and other structures, and land clearing operations. 229 1.36 Consumer Price Index (CPI). The index sets published by the Unites States Bureau of 230 Labor Statistics. The CPI set used to calculate the Maximum Service Rates is All Urban Consumers (CPI231 U), Los Angeles-Long Beach-Anaheim.

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232 1.37 Contaminant. Any material that is placed in a waste stream intended for recycling, including 233 organics, that cannot be recycled or reclaimed within the waste stream in which it is placed. A Contaminant 234 of the Recycling stream is any material placed in that waste stream that cannot be recycled or reclaimed 235 after processing. A Contaminant of the Green Waste stream is any material not normally produced from 236 gardens or landscapes such as, but not limited to, brick, rocks, gravel, large quantities of dirt, concrete, 237 sod, non-organic wastes, oil and wood or wood products, including but not limited to, stumps, diseased 238 elms, and other diseased trees. A Contaminant of the Food Waste stream is any non-Food Waste material 239 placed in that waste stream.
240 1.38 Contractor. The entity that has obtained from the City this Agreement to provide Collection 241 Services.
242 1.39 County. Ventura County, California.
243 1.40 Curb Miles. Distance along one side of paved street. 244 1.41 Director. Director means the Public Works Director of the City or his or her designated 245 representative, or any employee of the City who succeeds to the duties and responsibilities of the Public 246 Works Director.
247 1.42 Dispose or Disposal. “Disposal” or “Dispose” means the final disposition of Solid Waste at 248 a permitted Landfill or other permitted Solid Waste disposal facility, as defined in California Public 249 Resources Code 40192.
250 1.43 Disposal Facility. “Disposal Facility” means the facility or such place or places specifically 251 designated by the City for the disposal, or processing as appropriate, of Residential Waste and 252 Commercial Waste and other materials as appropriate and acceptable. 253 1.44 Downtown Area. The City’s downtown is that area so designated in the Thousand Oaks 254 Downtown Core Master Plan and comprises the area between Erbes Road to the west and Conejo School 255 Road to the east, the 101 Freeway to the south and the northern property line of those properties bordering 256 Thousand Oaks Blvd on its north side.
257 1.45 Dwelling Unit. Any individual living unit in a single-family dwelling, condominium, or town 258 home (SFD), MFD Units, MXD residential units, or building intended for, or capable of, being utilized for, 259 residential living.
260 1.46 Edible Food Recovery. “Edible Food Recovery” means the practice of gleaning or 261 recovering edible food for human consumption that would otherwise go to waste from places such as, but 262 not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining facilities and 263 distributing it to local emergency food programs
264 1.47 Effective Date. “Effective Date of Agreement” means the date designated in the Agreement 265 as the effective date. If no such date is indicated, it shall mean the date on which the Agreement is signed 266 and delivered by the last of the parties to sign and deliver. 267 1.48 Exempt Waste. Biohazardous or Biomedical Waste, Hazardous Waste, Sludge, 268 automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid 269 batteries, dead animals, and those wastes under the control of the Nuclear Regulatory Commission.

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270 1.49 Food Waste. “Food Waste” means all putrescible solid, semisolid, and liquid food, such as, 271 fruit, vegetables, cheese, meat, bones, poultry, seafood, bread, rice, pasta, and oils; coffee grounds and 272 filters and tea bags; and any putrescible matter produced from human or animal food production, 273 preparation, and consumption activities.
274 1.50 Franchised Diversion. Franchised Diversion means the rate of diversion that Contractor is 275 responsible to achieve as defined and calculated Section 5.02.1. 276 1.51 Franchise Fee. A fee established by resolution by City Council in consideration of Exclusive 277 Franchise.
278 1.52 Garbage. All putrescible and non-putrescible solid, semi-solid and associated liquid waste, 279 as defined in California Public Resources Code section 40191. Garbage does not include Recyclable 280 Materials, Organic Waste, Large Items, or Exempt Waste. Garbage must be generated by and at the 281 Service Unit wherein the Garbage is Collected.
282 1.53 Green Waste. “Green Waste” means Solid Waste consisting of any vegetative waste 283 generated from the maintenance or alteration of residential, commercial, or industrial premises including, 284 but not limited to, grass clippings, leaves, tree trimmings, prunings, brush, weeds, flowers, herbs, and 285 holiday trees
286 1.54 Gross Revenue. All monetary amounts actually collected or received by Contractor for the 287 provision of Franchise services pursuant to this Agreement. Gross Revenue shall include all receipts from 288 customers including late charges, contamination charges etc., including Solid Waste Management Fees 289 and Franchise Fees. The term Gross Revenues, for purposes of this Agreement, does not include any 290 revenues generated from the sale of Recyclable Material, compost product or energy, grants, cash awards 291 or rebates resulting from the performance of this Agreement. 292 1.55 Hazardous Waste. “Hazardous Waste” means a waste, or combination of wastes as 293 defined by Code of Federal Regulations, Title 40.
294 1.56 Holiday. “Holiday” means a day of the year designated by Contractor on which waste 295 Collection Service will not be provided until the following day, excluding Sunday. 296 1.57 Home Compost Bin. A portable durable container purchased by the City, and sold to SFD 297 or MFD/MXD Service Recipients at a discounted rate, and stored and distributed by the Contractor to SFD 298 or MFD/MXD Service Recipients for use by those Service Recipients to compost Organic Waste at their 299 premises.
300 1.58 Household Hazardous Waste. “Household Hazardous Waste” means that waste resulting 301 from products purchased by the general public for household use which, because of its quantity, 302 concentration or physical, chemical or infectious characteristics, may pose a substantial known or potential 303 hazard to human health or the environment when improperly treated, disposed or otherwise managed, or, 304 in combination with other Solid Waste, may be infectious, explosive, poisonous, caustic, toxic, or exhibit 305 any of the characteristics of ignitability, corrosivity, reactivity, or toxicity as per California Code of 306 Regulations Title 22, Division 4.5, Chapter 11, Section 66261.3 307 1.59 Large Green Waste. Oversized Green Waste such as tree trunks and branches with a 308 diameter of not less than six (6) inches and not more than two (2) feet and a length of not more than five AR000500
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309 (5) feet in its longest dimension, which are attributed to the normal activities of an SFD Service Unit. Large 310 Green Waste must be generated by and at the SFD Service Unit where the Large Green Waste is 311 Collected.
312 1.60 Large Items. “Large Items” or “Bulky Waste” means Solid Waste consisting of discarded 313 white goods, furniture, tires, carpets, mattresses, and similar large items which do not fit in a regular 314 Collection Container and require special handling due to their size but can be collected and transported 315 without the assistance of special loading equipment (such as forklifts or cranes) and without violating 316 vehicle load limits. It does not include abandoned automobiles and other vehicles, nor does it include items 317 defined as Exempt Waste.
318 1.61 Materials Recovery Facility. Materials Recovery Facility (MRF) means a facility to which 319 commingled Solid waste, Organic waste and Recyclable Materials are brought for separation into 320 marketable Recyclables.
321 1.62 Materials Recycling Facility. Same as Materials Recovery Facility. 322 1.63 Maximum Service Rate. The maximum amount that Contractor may charge Service 323 Recipients for Collection Services, as listed in Exhibit 1, and as may be adjusted in accordance with the 324 provisions of this Agreement.
325 1.64 Median Islands. The area between opposing lanes of traffic defined by a curb or road 326 markings.
327 1.65 Multi-Family Dwelling (MFD) Collection Service. MFD Solid Waste Collection Service 328 serves an apartment, townhome or condominium complex, and specifically includes the following, MFD 329 Garbage Collection Service, MFD Large Item Collection Service, MFD Organic Waste Collection Service, 330 and MFD Recycling Service:
331 A. MFD Garbage Collection Service. The Collection of Residential Garbage, by 332 Contractor, from MFD Service Units in the Service Area and the delivery of that Residential Garbage to a 333 Disposal Facility.
334 B. MFD Large Item Collection Service. The periodic on-call Collection of Large Items, 335 by Contractor, from MFD Service Units in the Service Area and the delivery of those Large Items to a 336 Disposal Facility, Materials Recovery Facility or such other facility as may be appropriate under the terms of 337 this Agreement. MFD Large Item Collection Service may include the Collection of Large Items using Roll338 Off Containers. 339 C. MFD Organic Waste Collection Service. The Collection of Organic Waste, by 340 Contractor, from MFD Service Units in the Service Area, the delivery of those Organic Waste materials to 341 an Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, 342 and the disposal of all MFD Organic Waste Processing Residue. 343 D. MFD Recycling Service. The Collection of Recyclables Materials by the Contractor 344 from MFD Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials 345 Recovery Facility and the processing and marketing of those Recyclable Materials, and the disposal of all 346 MFD Recyclables Materials Processing Residue.

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347 1.66 Multi-Family Dwelling - Centralized (MFD-C) Collection Service. MFD-C Solid Waste 348 Collection Service that is centralized for the apartment, townhome or condominium complex, and 349 specifically includes the following: MFD-C Garbage Collection Service (as defined in 1.62A), MFD-C Large 350 Item Collection Service (as defined in 1.62B), MFD-C Organic Waste Collection Service (as defined in 351 1.62C), and MFD-C Recycling Service (as defined in 1.62D). 352 1.67 Multi-Family Dwelling - Individual (MFD-I) Collection Service. MFD-I Solid Waste Collection 353 Service where units have individual carts within the apartment, townhome or condominium complex and 354 specifically includes the following: MFD-I Garbage Collection Service (as defined in 1.62A), MFD-I Large 355 Item Collection Service (as defined in 1.62B), MFD-I Organic Waste Collection Service (as defined in 356 1.62C), and MFD-I Recycling Service (as defined in 1.62D). 357 1.68 Non-Collection Notice. A form developed and used by Contractor, as approved by City, to 358 notify Service Recipients of the reason for non-collection of materials set out by the Service Recipient for 359 Collection by Contractor pursuant to this Agreement. 360 1.69 Non-putrescible Material. “Non-putrescible Material” means Solid Waste consisting of 361 waste which is not organic and not subject to decomposition by microorganisms. 362 1.70 Organic Waste. “Organic Waste” means Food Waste, Green Waste, nonhazardous wood 363 waste, and food-soiled paper waste that is mixed in with Food Waste. 364 1.71 Organic Waste Collection Service. The Collection of Organic Waste from Service Units and 365 processing at an Organic Waste Processing Facility, and the disposal of all Organic Waste Processing 366 Residue.
367 1.72 Organic Waste Processing Facility. “Organic Waste Processing Facility” means a State 368 permitted commercial Solid Waste facility which accepts and processes Organic Materials. 369 1.73 Overage. Overage means excess Solid Waste, Organic Waste and Recyclable Materials 370 (i) placed inside a Container that prevents the lid on the Container from being completely closed (i.e., lid 371 remains open greater 45-degrees) or excess materials placed on top of or around a Container and (ii) 372 could potentially result in excess materials spilling/dislodging during collection activity by Contractor’s 373 vehicles.
374 1.74 Premises. “Premises” means any land or building in the City where waste is generated or 375 accumulated.
376 1.75 Putrescible Material. “Putrescible Material” means Solid Waste consisting of waste which 377 is organic and subject to decomposition by microorganisms. 378 1.76 Quarter. Period of three (3) months with first quarter the months of January through March, 379 second quarter April through June, third quarter July through September, and fourth quarter October 380 through December.
381 1.77 Recyclable Materials. “Recyclable Materials” means Solid Waste consisting of any material 382 which retains useful properties and can be reclaimed after the production or consumption process.

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383 1.78 Recycling. “Recycling” means the process of collecting, sorting, cleansing, treating and/or 384 marketing Recyclable Materials that would otherwise be disposed of in a landfill. The collection, 385 transportation or disposal of Solid Waste not intended for, or capable of, reuse is not Recycling. 386 1.79 Residential Collection Service. “Residential Collection Service” means ongoing regularly 387 scheduled collection of Residential Solid Waste by an Exclusive Franchise from Residential Service Units 388 and the delivery of that Residential Solid Waste to a Disposal Facility, Recycling Facility, and/or Organics 389 Processing Facility.
390 1.80 Residential Garbage. “Residential Garbage” means Garbage originating from Residential 391 Premises.
392 1.81 Residential Premises. “Residential Premises” means a Premises used for residential 393 purposes.
394 1.82 Residential Solid Waste. “Residential Solid Waste” means Solid Waste originating from 395 Residential Premises.
396 1.83 Residual or Residuals. Residual or Residuals means Solid Waste that is not diverted from 397 landfill disposal after it has been delivered to an Organic Waste Processing Facility or a Recyclables 398 Processing Facility for processing for diversion from landfill disposal. Residual does not include Recyclable 399 Materials or Organic Material that is processed for diversion but has no available markets. 400 1.84 Roll-Off Container. A metal container with a capacity of ten (10) or more cubic yards that 401 is normally loaded onto a specialized Collection Vehicle and transported to an appropriate facility. 402 1.85 SB 1383. “SB 1383” means State of California Senate Bill 1383, which mandates a fifty 403 (50) percent reduction in disposal of Organic Materials from the 2014 levels by 2020 and seventy-five (75) 404 percent reduction by 2025. Further, SB 1383 requires jurisdictions to implement Edible Food Recovery 405 Programs designed to recover edible food that is currently landfilled by twenty (20) percent by 2025. 406 1.86 Service Area. That area within the city limits of the City of Thousand Oaks designated by 407 City as the Service Area.
408 1.87 Service Recipient. An individual or company receiving SFD Collection Service, Commercial 409 Collection Service, MFD or MXD Collection Service.
410 1.88 Service Unit. SFD Service Units, MFD Service Units, MXD Service Units, City Service Units 411 or Commercial Service Units. Service Unit specifically includes the following:
412 A. City Service Unit. City Facility(ies) that utilize a Bin, Cart, or Roll-Off Container(s) 413 for the accumulation and set-out of Solid Waste.
414 B. Commercial Service Unit. All retail, professional, wholesale and industrial facilities, 415 and other commercial enterprises offering goods or services to the public that utilize a Garbage Bin, 416 Cart, Compactor, Roll-Off Container for the accumulation and set-out of Commercial Solid Waste. 417 C. MFD-C Service Unit. Five (5) or greater Dwelling Units in the Service Area utilizing 418 a centralized Cart or Bin, or any combination of MFD Dwelling Units sharing Collection Containers for 419 the accumulation of and set out of Residential Solid Waste.

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420 D. MFD-I Service Unit. Five (5) or greater Dwelling Units in the Service Area each 421 utilizing a Cart, or individual units of MFD/MXD Dwelling Units each served by Carts, for the 422 accumulation and set out of Residential Solid Waste. 423 E. MXD (Mixed-use Development) Service Unit. A mix of Commercial Service Units 424 and five (5) or greater Dwelling Units in the Service Area utilizing any combination of Collection 425 Containers for the accumulation of and set out of Solid Waste. 426 F. SFD Service Unit. Any Single-Family Dwelling Unit in the Service Area utilizing a 427 Cart for the accumulation and set out of Residential Solid Waste. 428 1.89 SFD Collection Service. SFD Garbage Collection Service, SFD Recycling Service, SFD 429 Organic Waste Collection Service, SFD Large Item Collection Service, SFD Used Oil Collection Service 430 and SFD Manure Collection Service.
431 A. SFD Garbage Collection Service. The Collection of Residential Garbage, by 432 Contractor, from SFD Service Units in the Service Area and the delivery of that Residential Garbage to a 433 Disposal Facility.
434 B. SFD Large Item Collection Service. The periodic on-call Collection of Large Items, 435 by Contractor, from SFD Service Units in the Service Area and the delivery of those Large Items to a 436 Disposal Facility, Materials Recovery Facility or other such facility as may be appropriate under the terms 437 of this Agreement. SFD Large Item Collection Service does not include the Collection of Large Items using 438 Roll-Off Containers.
439 C. SFD Organic Waste Collection Service. The Collection of Organic Waste, by 440 Contractor, for SFD Service Units in the Service Area, the delivery of those Organic Waste Materials to an 441 Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, 442 and the disposal of all SFD Organic Waste Processing Residual. 443 D. SFD Recycling Service. The Collection of Recyclable Materials by the Contractor 444 from SFD Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials 445 Recovery Facility and the processing and marketing of those Recyclable Materials. 446 1.90 Single-family Dwelling or SFD. “Single-family/duplex dwelling” or “SFD” means a single 447 detached dwelling unit, and/or a duplex structure of two (2) single attached dwelling units, each designed 448 for use by one bona fide housekeeping group.
449 1.91 Sludge. The accumulated solids, residues, and precipitates generated as a result of waste 450 treatment or processing, including wastewater treatment, water supply treatment, or operation of an air 451 pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or 452 similar disposal appurtenances or any other such waste having similar characteristics or effects. 453 1.92 Solid Waste. “Solid Waste” means all putrescible and non-putrescible solid, semisolid, and 454 liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and 455 construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, 456 dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable 457 or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in AR000504
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458 California Public Resources Code Section 40191(a)(b), as amended from time to time, and includes Brown 459 Goods, Commercial Solid Waste, Construction and Demolition Debris, Food Waste, Garbage, Green 460 Waste, Large Green Waste, Large Items, Organic Waste, Recyclable Materials, White Goods. 461 1.93 Solid Waste Management Fee. Administrative costs of managing the City’s solid waste 462 program paid for by Contractor.
463 1.94 Source separated. “Source separated” means the segregation, by the waste generator, of 464 materials designated for separate collection for some form of materials recovery or special handling. 465 1.95 Split-bin. A single Collection Container divided into two separate compartments, with 466 individual lids for each compartment, to allow for separation of two waste streams. 467 1.96 SRRE (Source Reduction and Recycling Element). A formal planning document prepared 468 and adopted by a California jurisdiction, and submitted to the California Department of Resources 469 Recycling and Recovery (CalRecycle), that demonstrates how the jurisdiction will comply with the 470 California Integrated Waste Management Acts (AB 939) diversion goals. The jurisdiction’s SRRE must 471 include specific components, as defined in Public Resources Code sections 41003 and 41303. 472 1.97 Limited Franchise Agreement. Formerly “Non-exclusive Franchise Agreement”, a separate 473 agreement with the City which permits a contractor on a non-exclusive basis to provide for service to 474 collect solid waste, organics, construction and demolition debris, and/or recyclable materials on a 475 temporary basis.
476 1.98 Term. “Term” means the time period or duration of an Exclusive Franchise or Limited 477 Franchise or Permit.
478 1.99 Transfer station. “Transfer station” means those facilities utilized to receive Solid Waste, 479 and temporarily store and transfer such waste directly from smaller to larger vehicles for transport 480 1.100 Unicycling. A method of separating trash and recyclable materials in a single Collection 481 Container. Trash materials are collected in bags and deposited into the Collection Container and 482 recyclable materials are deposited into the Collection Container loose and unbagged. 483 1.101 Universal Waste or U-Waste. E-Waste, dry-cell batteries, non-empty aerosol cans, 484 fluorescent lamps, and fluorescent bulbs, mercury thermostats, and other mercury containing equipment. 485 1.102 Waste. “Waste” means the useless, unused, unwanted or discarded material and debris 486 resulting from normal residential and commercial activity or materials which, by their presence, may 487 injuriously affect the health, safety, and comfort of persons or depreciate property values in the vicinity 488 thereof.
489 1.103 Waste diversion. “Waste diversion” means to divert Solid Waste, in accordance with all 490 applicable Federal, State, and local requirements, from disposal at landfills or transformation facilities 491 through source reduction, composting or recycling.
492 1.104 Waste generator. “Waste generator” means any person, as defined by the most current 493 version of the Public Resources Code, whose act or process produces solid waste as defined in that same 494 code, or whose act first causes solid waste to become subject to regulation.

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495 1.105 Waste Reporting System (WRS). An online/digital data system designated by the City for 496 recording and documenting outreach, customer service, site visits, weights and volumes by waste stream, 497 and field issues for compliance, customer service, and reporting purposes. 498 1.106 White goods. “White goods” means enamel-coated major appliances, such as washing 499 machines, clothes dryers, hot water heaters, stoves, and refrigerators. 500 1.107 Work Day. Any day, Monday through Saturday, that is not a holiday as set forth in Article 501 3.07 of this Agreement.
502 1.108 Wood waste. “Wood waste” means Solid Waste consisting of stumps, large branches, tree 503 trunks, and wood pieces or particles that are generated from the manufacturing or production of wood 504 products, harvesting, processing or storage of raw wood materials, or construction and demolition 505 activities.
506 Article 2. Term of Agreement
507 2.01 Initial Term. The initial term of this Agreement will be for fifteen (15) year period beginning 508 January 1, 2022 and terminating on December 31, 2036. 509 2.02 Extension of Term. Contractor may request up to two, five (5) year term extensions to the 510 Initial Term, and at City’s sole option, City may grant Contractor’s request to extend the term. Under no 511 circumstances will City be obligated to extend the term. Contractor must request the first five (5) year 512 extension by December 31, 2034 in order to be eligible for the first term extension, and the second by 513 December 31, 2039 in order to be eligible for the second term extension. 514 2.03 Performance Review Prior to Five (5) Year Extension. A billing audit and performance 515 review shall be conducted two years prior to the end of the Initial Term (i.e. during 2034, and to be 516 completed by December 31, 2034) as described in Section 15.02. The cost of the review shall be paid as 517 specified in that Section. In order to be eligible for an Extension of the Term of the Agreement under Section 518 2.02, Contractor must meet billing and performance standards to the satisfaction of the City. In the event 519 Contractor fails to meet the minimum service and diversion requirements set forth in Section 5.01, this 520 Agreement will terminate on December 31, 2036 as set forth in Section 2.01 of this Agreement. 521 Article 3. Conditions Governing Services Provided by Contractor 522 3.01 Grant of Exclusive Agreement. City hereby grants to Contractor, on the terms and 523 conditions set forth herein, the Exclusive Franchise, right and privilege to collect, remove and dispose of, in 524 a lawful manner, Solid Waste, Recyclable Materials, and Organic Materials accumulating in the City’s 525 Service Area that are required to be accumulated and offered for collection to the Contractor in accordance 526 with the City’s Municipal Code, for the Term of and within the scope set forth in this Agreement. 527 3.02 Grant of Limited Franchise Waste Hauling Agreement. City also hereby grants to 528 Contractor the right to enter into, without a separate application, a Limited Franchise Waste Hauling 529 Agreement with the City, subject to the terms and conditions set forth in that agreement, which provides the 530 right and privilege to collect, remove and dispose of, in a lawful manner, Solid Waste, Recyclable Materials, 531 and Organic Materials on a temporary basis. The right to an award of a Limited Franchise Waste Hauling AR000506
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532 Agreement without a separate application shall continue for the term of the Exclusive Agreement provided 533 that its conditions, and those of the Exclusive Agreement herein, are met. 534 3.03 Recyclable Materials Organic Waste, and Bulky Waste Discarded by Service Recipients. 535 This Agreement shall not prohibit any person from selling Recyclable Materials or Organic Waste or giving 536 Recyclable Materials or Organic Waste away to persons or entities other than Contractor. However, in either 537 instance: (1) the Recyclable Materials or Organic Waste must be source separated from and not mixed with 538 other Solid Waste; and (2) the seller/donor may not pay the buyer/donee any consideration for collecting, 539 processing or transporting such Recyclable Materials or Organic Waste. A discount or reduction in the price 540 for collection, disposal and/or recycling services for any form of un-segregated or segregated Solid Waste 541 is not a sale or donation of Recyclable Materials or Organic Waste and such Solid Waste does not qualify 542 for this exception. However, once the Recyclable Materials or Organic Waste have been placed in the 543 Collection Container and the Container set out for Collection, the Recyclable Materials or Organic waste 544 become the property of Contractor.
545 3.04 Exclusions to Exclusivity.
546 3.04.1 Specialized Recyclable Materials. If Contractor is unable or unwilling to collect and 547 process for diversion specialized materials, including, but not limited to, organics, metals, construction and 548 demolition debris, laboratory waste, pallets and others, and which a third party is able to re-use or recycle, 549 Service Recipients shall have the right to engage the third-party recycler to collect and recycle those source550 separated Recyclable Materials provided that the diversion is verified by the City and the third party obtains 551 a City recycling permit.
552 3.04.2 Recyclable Materials Sold By Commercial Generator. If the waste generator at a 553 Commercial Service Unit has source separated Recyclable Material, the generator is entitled to sell that 554 Recyclable Material or be otherwise compensated in a manner resulting in a net positive payment to the 555 generator, when such collector is permitted as appropriate under the City Municipal Code. 556 3.04.3 Byproducts of Food and Beverage Processing. Under AB 3036 (2018), certain 557 byproducts from the processing of food or beverages from agricultural or industrial sources, provided they 558 are source-separated and used as animal feed, are exempted from this Exclusive Franchise Agreement. 559 Entities requesting exemption must apply to the City and be any of the following: registered pursuant to 560 Section 110460 of the Health and Safety Code, or be exempted from registration pursuant to Section 110480 561 of the Health and Safety Code, or be a beer manufacturer as defined in Section 23012 of the Business and 562 Professions Code, or a distilled spirits manufacturer, as defined in Section 23015 of the Business and 563 Professions Code.
564 3.04.4 Donated Solid Waste. Recyclable Materials, Organic Waste, or Large Items which 565 is source separated at any premises by the waste generator and donated to youth, civic or charitable 566 organizations qualified as such pursuant to Federal law. 567 3.04.5 Gardening or Landscape Services. Green Waste removed from a premises by a 568 gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that 569 company rather than as a hauling service;
570 3.04.6 Temporary Services. Temporary Collection services for Solid Waste and 571 Construction and Demolition Debris is covered under the City’s Limited Franchise Agreement and Contractor AR000507
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572 must abide by terms of that agreement for collection and processing and diversion of Construction and 573 Demolition Debris.
574 3.05 Responsibility for Service Billing and Collection. Contractor is responsible for the billing 575 and collection of payments for Collection Services within the Service Area. 576 3.06 Contractor’s Payments to City.
577 3.06.1 Reimbursement for the Cost of Procurement Process. Contractor shall reimburse 578 the City for the cost of the Franchise Agreement solicitation, evaluation and award process up to but no 579 more than One Hundred and Fifty Thousand Dollars ($150,000). This one-time payment is due within thirty 580 (30) days of the Effective Date of the Agreement.
581 3.06.2 Solid Waste Management Fee. In consideration of the administrative costs of 582 managing the City’s solid waste program, Contractor shall pay City a Solid Waste Management Fee as a 583 percent of the Gross Revenue received by the Contractor from Franchise services provided in the City 584 pursuant to this Agreement. The City Council may adjust the Solid Waste Management Fee by resolution, 585 in which case Contractor shall be entitled to a rate adjustment as a City-directed change in accordance with 586 Section 28.01. The Solid Waste Management Fee for the Agreement Year and thereafter shall be eight-and587 one-quarter (8.25) percent of Gross Revenue from Commercial, MFD-C, and MXD Service Recipients and 588 ten-and-one-quarter (10.25) percent of Gross Revenue from SFD and MFD-I Service Recipients. 589 3.06.3 Franchise Fee. In consideration of the Exclusive Franchise provided for in Section 590 3.01 of this Agreement, Contractor shall pay the City a Franchise Fee as a percent of the Gross Revenue 591 received by the Contractor from Franchise services provided in the City pursuant to this Agreement. The 592 Franchise Fee shall reflect a reasonable estimate of the value of the franchise and shall be established and 593 adjusted as necessary by City Council by resolution. If adjusted during the term of this Agreement, 594 Contractor shall be entitled to a rate adjustment as a City-directed change in accordance with Section 28.01. 595 The Franchise Fee for the Agreement Year and thereafter shall be nine (9) percent of Gross Revenue. 596 3.06.4 Reimbursement for the Annual Subscription Cost for Waste Reporting System. 597 Contractor shall reimburse City annually for cost of subscription to Waste Reporting System software 598 services, not-to-exceed $25,000 per year annually adjusted for CPI. Payment is due within thirty (30) days 599 of receipt of invoice.
600 3.06.5 Community Program Support. Contractor shall provide support to City schools and 601 the community in the amount of $200,000 per year for life of the Agreement, including any extension of the 602 Term in accordance with Section 2.02.
603 3.06.6 Time and Method of Payment; Late Fees. Solid Waste Management Fees and 604 Franchise Fees shall be computed and paid based on Gross Revenue received each calendar month for 605 services rendered. Contractor shall prepare and mail such remittance on a quarterly basis to the Finance 606 Director, and such remittance must be hand-delivered or postmarked no later than the last business day of 607 the month following the end of each quarter. For hand-delivered remittance, the Contractor must request 608 and receive a receipt or time stamp with the exact date remittance is received by the City Finance Director 609 or designee.

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610 3.06.7 The remittance will be accompanied by a report, prepared in a format acceptable 611 to City Manager or designee, setting forth the basis, and calculations used for computing the amount due. 612 The figures used shall be taken from the general books of account of the Contractor. All supporting 613 documentation must be retained by the Contractor in accordance with the records retention requirements in 614 Section 45.01.
615 3.06.8 If the Contractor fees to the City are not paid by the date set by this Agreement, 616 then in addition to the fees, the Contractor shall pay a penalty as specified in Exhibit 9, except to the extent 617 that such lateness is due to extenuating circumstances. 618 3.06.9 In addition, the Contractor shall pay interest on all unpaid fees at the rate of six (6) 619 percent per annum or the prime (lending) rate, whichever is higher but not to exceed the legal rate, from the 620 date the fees were due and payable to the date actually paid. 621 3.06.10 If the delay is due to extenuating circumstances, Contractor must request approval 622 in writing from the City Manager or designee at least five (5) business days prior to the date on which fees 623 and reports are due. City shall contact Contractor within three (3) business days of receiving request for 624 submission delay as to whether delay shall be permitted. 625 3.06.11 Taxes and Utility Charges. The Contractor shall pay all Taxes lawfully levied or 626 assessed upon or in respect of the Operating Assets or the Franchise Services, or upon any part thereof of 627 upon any revenues necessary for the operation of the Operating Assets and the provision of the Franchise 628 Services, when the same shall become due.
629 3.06.12 Disputes. In the event of any disputes between the Contractor and the City with 630 respect to the fees described in Section 3, the City shall provide the Contractor with written objection within 631 180 days of the receipt of the report described in Section 3.06.7, indicating the position of the report that is 632 disputed and providing all reason then known to the City for its objection to or disagreement with such 633 amount. If any such amount is adjusted in the City’s favor pursuant to agreement, mediation, legal 634 proceeding, or otherwise, the Contractor shall pay the amount of such adjustment to the City, with interest 635 thereof at the Overdue Rate from the date such disputed amount was due the City to date of payment in full 636 of such amount. Nothing contained in this subsection shall limit the authority of any authorized office of the 637 City or any other governmental agency to raise a further objection to any amount billed by the Contractor 638 pursuant to an audit conducted pursuant to Applicable Law. If the Contractor prevails in the dispute, the 639 Contractor shall have the right to recover from the City its reasonable costs incurred in connection with the 640 dispute resolution procedure.
641 3.07 Service Standards. Contractor must perform all Collection Services under this Agreement 642 in a thorough and professional manner as described in Section 23, while meeting the minimum performance 643 and diversion standards listed in Section 15 according to the Sustainability and Compliance Plan (Exhibit 644 12) developed by the Contractor and approved by the City. 645 3.08 Labor and Equipment. Contractor must provide and maintain all labor, equipment, tools, 646 facilities, and personnel supervision required for the performance of Contractor’s obligations under this 647 Agreement. Contractor must always have sufficient backup equipment and labor to fulfill Contractor’s 648 obligations under this Agreement. No compensation for Contractor’s services or for Contractor’s supply of AR000509
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649 labor, equipment, tools, facilities or supervision will be provided or paid to Contractor by City or by any 650 Service Recipient except as expressly provided by this Agreement. 651 3.09 Holiday Service. The City observes New Year’s Day, Memorial Day, Independence Day, 652 Labor Day, Thanksgiving Day, and Christmas Day as legal holidays. Contractor is not required to provide 653 Collection Services or maintain office hours on the designated holidays. In any week in which one of these 654 holidays falls on a Work Day, SFD Collection Services for the holiday and each Work Day thereafter will be 655 delayed one Work Day for the remainder of the week with normally scheduled Friday SFD Collection 656 Services being performed on Saturday. Commercial Collection Services will be adjusted as set forth in Article 657 8 but must meet the minimum frequency requirements of one (1) time per week. Collection Services will not 658 take place on Sundays.
659 3.10 Inspections. The City has the right to inspect Contractor’s facilities or Collection Vehicles 660 and their contents used to provide services pursuant to this Agreement at any reasonable time while 661 operating inside or outside the City.
662 3.11 Commingling of Materials.
663 3.11.1 SFD Materials Collected in Thousand Oaks. Contractor may not at any time 664 commingle any SFD materials Collected pursuant to this Agreement with any other material Collected by 665 Contractor inside or outside the City of Thousand Oaks without the express prior written authorization of the 666 Agreement Administrator.
667 3.11.2 Commercial Materials Collected in Thousand Oaks. Contractor may commingle 668 Commercial materials collected pursuant to this Agreement with other materials collected outside the City 669 of Thousand Oaks, provided that Contractor tracks the tonnage of Commercial material collected inside the 670 City of Thousand Oaks separately using a City-approved allocation methodology. Changes to the allocation 671 methodology may only be made with the express prior written authorization of the Agreement Administrator. 672 3.11.3 Recyclable Materials. Subject to Sections 7.07.2 and 8.03.4, Contractor may not 673 at any time commingle SFD or Commercial Recyclable Materials Collected pursuant to this Agreement with 674 any other material type Collected by Contractor without the express prior written authorization of the 675 Agreement Administrator.
676 3.11.4 Organic Waste. Subject to Sections 7.08.4 and 8.04.5, Contractor may not at any 677 time commingle SFD or Commercial Organic Waste Collected pursuant to this Agreement with any other 678 material type Collected by Contractor, without the express prior written authorization of the Agreement 679 Administrator.
680 3.11.5 Commingled Garbage and Recyclables. Only in special circumstances in which 681 separate Collection Containers pose a challenge due to space or logistical constraints, and with prior written 682 authorization of the Agreement Administrator, Contractor will Collect Commercial Garbage and Recyclable 683 Materials in the same Collection Container, using a Split-bin or Unicycling, for the purposes of processing 684 Recyclable Materials for diversion.
685 3.12 Recyclable Materials and Organic Waste Contamination. Contractor must offer the Service 686 Recipients the correct combination of Cart and Bin sizes and collection frequency beyond the minimum 687 bundled service requirements as necessary, that matches their unique service needs to reduce AR000510
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688 contamination of Recyclable Materials and Organic Waste, and provide service at least cost to Service 689 Recipient. To support City’s diversion goals and Contractor’s Diversion Requirements as set forth in Article 690 5.01, Contractor is only required to collect and process Recyclable Materials if they have been separated by 691 the Service Recipient from Garbage and Organic Waste and is only be required to collect Organic Waste if 692 it has been separated by the Service Recipient from Garbage and Recyclable Materials. 693 3.12.1 As part of Contractor’s Public Education Services under Article 18.01, Contractor 694 has agreed to provide outreach and support to Service Recipients as described in the Contractor’s 695 Sustainability and Compliance Plan provided as Exhibit 12. Additionally, Contractor’s route collection 696 personnel will report to Contractor’s supervisors if they observe potential contamination problems, and/or 697 insufficient collection capacity. For purposes of determining if Recyclable Materials or Organic Waste are 698 deemed to be contaminated, if, by visual or digital inspection, Recyclable Materials are commingled with ten 699 percent (10%) by weight or volume of Garbage or Organic Waste, or if, by visual inspection, Organic Waste 700 is commingled with three percent (3%) by volume of Garbage or Recyclable Materials, then Recyclable 701 Materials and/or Organic Waste will be deemed to be contaminated and Contractor may take the following 702 steps:
703 3.12.2 Violations by SFD Service Recipients.
704 1. First and Second Occurrence. For the first and second occurrence within 705 any one Calendar Year of contamination for a particular container (i.e., Recyclable Materials or Organic 706 Waste), Contractor must collect the contaminated container (as Solid Waste) and must affix a Contamination 707 Violation Notice to the contaminated container which contains instructions on the proper procedures for 708 sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient by phone, U.S. mail, 709 e-mail, or in person (which may be a container tag), that for the third and subsequent incidents of excess 710 contamination, the Service Recipient may be charged a contamination fee for the contaminated container, 711 and Contractor may increase the Collection Container size, or require an additional Collection Container. 712 Contractor’s representative must also contact the Service Recipient by phone, U.S. mail, e-mail, or in person 713 (which may be a container tag) to ensure that they have the appropriate level of service for proper collection 714 of Recyclable Materials and/or Organic Waste. Contractor must also document the contamination issue in 715 the Waste Reporting System provide digital/visual documentation to the Service Recipient that clearly 716 documents the Service Recipient’s on-going contamination problems. 717 2. Third and Subsequent Occurrence. For the third or subsequent 718 occurrence within any one Calendar Year of contamination for a particular container (i.e., Recyclable 719 Materials or Organic Waste), Contractor must collect the contaminated Container (as Solid Waste) and must 720 charge the Service Recipient a contamination fee as set forth in Exhibit 1. Contractor must continue providing 721 the Recyclable Materials or Organic Waste Collection Services. Contractor must provide (or have provided) 722 digital/photographic documentation to the Service Recipient that clearly documents the Service Recipient’s 723 on-going contamination problems and written Notices of contamination as described above. Contractor may 724 increase the Container size or collection frequency and impose a contamination surcharge on the account 725 for a period of six months or until the Service Recipient has demonstrated no contamination for a period of 726 three consecutive months. Contractor must document contamination issue and surcharge in Waste 727 Reporting System and notify City within five (5) Business Days if Contractor increases the Container size or 728 collection frequency for excessive contamination or imposes the contamination surcharge to the account.

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729 City will consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against 730 offending Service Recipients in order to secure discontinuance of the contamination. 731 3.12.3 Violations by Commercial and MFD/MXD Service Recipients. The following 732 provisions will apply to all Commercial and MFD/MXD Service Recipients except those eligible for temporary 733 treatment pursuant to Section 3.09.3.
734 1. First and Second Occurrence. For the first and second occurrences within 735 any one Calendar Year of contamination for a particular container (i.e., Recyclable Materials or Organic 736 Waste), Contractor must collect the contaminated container (as Solid Waste) and must affix a Contamination 737 Violation Notice to the contaminated container which contains instructions on the proper procedures for 738 sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient by phone, U.S. mail, 739 e-mail, or in person (which may be a container tag), that for the third and subsequent incidents of 740 contamination, the Service Recipient will be charged a contamination fee for the contaminated container, 741 and Contractor may increase the Container size, require locking Bins, increase collection frequency, and 742 impose a contamination surcharge on the account for a period of six months or until the Service Recipient 743 has demonstrated no contamination for a period of three consecutive months. Contractor’s representative 744 must also contact the Service Recipient by phone, U.S. mail, e-mail, or in person (which may be a container 745 tag) to ensure that they have the appropriate level of service for proper collection of Recyclable Materials 746 and/or Organic Waste. Contractor must also provide digital/visual documentation to the Service Recipient 747 that clearly documents the Service Recipient’s contamination problem and document in the Waste Reporting 748 System.
749 2. Third and Subsequent Occurrence. For the third and subsequent 750 occurrence within any one Calendar Year of contamination for a particular container (i.e., Recyclable 751 Materials or Organic Waste), Contractor will provide a Contamination Violation Notice that contains 752 instructions on the proper procedures for setting out Recyclable Materials or Organic Waste, and Contractor 753 must collect the contaminated Container (as Solid Waste) and will charge the Service Recipient a 754 contamination fee as set forth in Exhibit 1. For any contamination fee charge being assessed, Contractor 755 must provide digital/visual documentation to the Service Recipient that clearly documents the Service 756 Recipient’s on-going contamination problems. Contractor may increase the Container size, require locking 757 Bins, or increase collection frequency, and impose a contamination surcharge on the account for a period 758 of six months or until the Service Recipient has demonstrated no contamination for a period of three 759 consecutive months. Contractor must document contamination issue and surcharge in the Waste Reporting 760 System and notify City within five (5) Business Days if Contractor increases the Container size, require 761 locking Bins, increase collection frequency for excessive contamination, or imposes the contamination 762 surcharge to the account. City will consider, and pursue as applicable, appropriate legal remedies against 763 offending Service Recipients in order to secure discontinuance of the contamination 764 3.12.4 Tracking Occurrences of Contamination. Regarding Articles 3.12.2 – 3.12.3, each 765 Contamination occurrence is tracked annually per Calendar Year, and resets at the start of each Calendar 766 Year if contamination occurrences are not active and consecutive. Where contamination is occurring, and 767 occurrences are consecutive and unremedied their count shall continue across Calendar Years until remedy 768 occurs. In this case, once the Service Recipient has demonstrated no contamination for a period of three 769 consecutive months the tracking calendar will reset.

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770 3.12.5 Disputes Over Excess Contamination Charges. If Service Recipient disputes a 771 contamination charge (which must be within 30 days of them being assessed), Contractor will temporarily 772 halt any contamination charge and/or increased Maximum Service Rate resulting from increasing the 773 Collection Container size, or collection frequency, and Contractor may request a ruling by the City Manager 774 to resolve the dispute. During the pendency of any request, Contractor may restore Container size or 775 number, or collection frequency to the prior levels. A request by Contractor to the City Manager to rule on 776 any such dispute must be filed within ten (10) Business Days of Contractor’s halting of contamination charge, 777 or increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing 778 overall problems. The City Manager may request a meeting (in person or phone) with both the Service 779 Recipient and Contactor to resolve the dispute. Following such a meeting, the City Manager will rule on the 780 dispute within ten (10) Business Days, and the City Manager’s decision on resolving the dispute between 781 and Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, Contractor will 782 credit the disputed contamination charges or increased Maximum Service Rate. If the City Manager rules in 783 favor of Contractor, Contractor may charge Service Recipient the prior halted contamination charge and/or 784 increased Maximum Service Rate resulting from increasing the Collection Container size or collection 785 frequency and may follow the steps in Article 4.04 for collection of delinquent accounts. 786 3.13 Container Overage and Correction Procedures. If a Customer is found to habitually 787 overflow their Collection Container(s), i.e. lid will not close, Contractor may take the steps as listed below to 788 correct Customers’ on-going overflow of material.
789 Customers receiving Residential, Commercial or Multi-Family services will be notified of Collection 790 overages. The process for customer overages, is as follows:
791 3.13.1 Garbage Overage and Correction Procedures.
792 1. Contractor shall provide the Service Recipients the correct combination of 793 Collection Containers and collection frequency that matches each Service Recipient’s unique service needs 794 to enable clean, efficient, and cost-effective collection of Solid Waste, Recyclable Materials, and Organic 795 Waste. City and Contractor agree that overflow of Solid Waste that is not properly in the Service Recipient’s 796 Solid Waste Collection Containers may negatively impact public health and safety. Contractor has also 797 agreed to conduct recycling audits and provide outreach and support to Service Recipient accounts receiving 798 the correct service level. However, if Service Recipients are found to habitually overflow their Solid Waste 799 Collection Containers, Contractor may take the steps as listed below to correct Service Recipient’s on-going 800 overflow of Solid Waste.
801 2. Prior Arrangements For Collection. If the Service Recipient has made prior 802 arrangements with Contractor for collection of Solid Waste Overages, Contractor must collect such overages 803 as arranged, and may charge the Service Recipient the Solid Waste Overage fee (prior arrangement) rate 804 set forth in Exhibit 1.
805 3. No Prior Arrangements. If the Service Recipient has not made prior 806 arrangements with Contractor for collection of Solid Waste Overage, (i) Contractor may collect such Solid 807 Waste Overage at no additional charge as a courtesy, (ii) Contractor may not collect the Solid Waste 808 Overage and leave a Non-Collection Notice explaining the reason for non-collection of the Solid Waste 809 Overage, (iii) Contractor may collect the Solid Waste Overage (up to two lifts) and charge the Service AR000513
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810 Recipient the Solid Waste Overage fee (no prior arrangement) rate set forth in Exhibit 1 as provided below, 811 or increase the capacity or frequency of collection of the existing Collection Container(s) to match 812 documented service needs as provided below. In managing Solid Waste Overages, the following apply:
813 3.13.2 SFD Service Recipients.
814 1. Each Occurrence. For each occurrence Contractor will not collect the Solid 815 Waste Overage if the Collection Container could not be serviced by normal operating procedures or cause 816 spillage upon servicing and Contractor must provide the following written notice via e-mail, U.S. mail, or in 817 person (which may be by Non-Collection Notice) to the Service Recipient: (i) the date, description and 818 photograph of the Solid Waste Overage and document in the Waste Reporting System. Contractor’s Non819 Collection Notice for SFD Service Recipients shall also contain instructions on (a) how to schedule a Large 820 Item Collection or (b) request an additional Collection Container to eliminate future Overages. 821 3.13.3 Commercial and MFD/MXD Service Recipients.
822 1. Each Occurrence. Contractor must provide a written notice on the 823 Container and may provide a copy of the notice via e-mail, U.S. mail, or in person (which may be by Non824 Collection Notice) to the Service Recipient with the date, description and photograph of the Solid Waste 825 Overage. Contractor may collect the Solid Waste Overage and may charge the Service Recipient a Solid 826 Waste Overage fee as set forth in Exhibit 1, and increase the capacity, or collection frequency of the 827 Collection Container to match documented service needs. At least ten (10) Business Days prior to increasing 828 the Collection Container size, or frequency of Collection, Contractor’s representative must also contact the 829 Service Recipient by phone, U.S. mail, e-mail or in person (which may be by Non-Collection Notice) to 830 ensure that Service Recipient has the appropriate level of service. Contractor must document overage issue 831 in the Waste Reporting System and notify City within ten (10) Business Days of any changes in Service 832 Recipient’s Collection Container size or collection frequency. The increased capacity or collection frequency 833 will remain in effect until Contractor determines that it is no longer needed to prevent overages, which may 834 be longer than the one Calendar Year stated above. Such determination will be in Contractor’s sole but 835 reasonable discretion and will be subject to the dispute resolution procedure set forth below. City will 836 consider, and pursue as applicable, appropriate legal remedies against offending Service Recipients in order 837 to secure discontinuance of the overages.
838 3.13.4 Tracking Occurrences of Solid Waste Overage. Regarding Articles 3.13.1 – 3.13.3, 839 after twelve (12) months have passed from the last applicable Solid Waste Overage occurrence, the next 840 Solid Waste Overage occurrence will be deemed a first Solid Waste Overage occurrence. 841 3.13.5 Disputes Over Container Overflow Charges. If Service Recipient disputes a Solid 842 Waste Overage charge or container size or collection frequency change within 30 days of the disputed 843 action, Contractor must temporarily halt Solid Waste Overage charge and/or increased Maximum Service 844 Rate resulting from increasing the Collection Container size or collection frequency, and Contractor may 845 request a ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor 846 may restore Container size or number, or collection frequency, to the prior levels. A request by Contractor 847 to the City Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor’s 848 halting of Solid Waste Overage charge, or increased Maximum Rate, and must include written 849 documentation and digital/visual evidence of ongoing overall problems. The City Manager may request a AR000514
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850 meeting (in person or phone) with both the Service Recipient and Contractor to resolve the dispute. 851 Following such a meeting, the City Manager will rule on the dispute within ten (10) Business Days, and the 852 City Manager’s decision on resolving the dispute between and Service Recipient will be final. If the City 853 Manager rules in favor of the Service Recipient, Contractor must credit the disputed charge or increased 854 Maximum Service Rate. If the City Manager rules in favor of Contractor, Contractor may charge Service 855 Recipient the prior halted Solid Waste Overage charge and/or increased Maximum Service Rate resulting 856 from increasing the Solid Waste Collection Container size or collection frequency and may follow the steps 857 in Article 4.04 for collection of delinquent accounts. 858 3.14 Ownership of Materials. Except as provided otherwise under Applicable Law, title to 859 Residential Waste, Commercial Solid Waste, Recyclable Materials, and Organic Waste will pass to 860 Contractor at such time as said materials are set out for Collection. 861 3.15 Spillage and Litter. Contractor may not litter premises in the process of providing Collection 862 Services or while its vehicles are on the road. Contractor must transport all materials Collected under the 863 terms of this Agreement in such a manner as to prevent the spilling or blowing of such materials from 864 Contractor's vehicles. Contractor must exercise all reasonable care and diligence in providing Collection 865 Services so as to prevent spilling or dropping of Residential Waste, Commercial Solid Waste, Recyclable 866 Materials, or Organic Materials and must immediately, at the time of occurrence, clean up such spilled or 867 dropped Residential Waste, Commercial Solid Waste, Recyclable Materials, or Organic Materials. 868 3.15.1 Except as provided in Article 8.02.3, Contractor is not responsible for cleaning up 869 sanitary conditions caused by the carelessness of the Service Recipient; however, Contractor must clean 870 up any material or residue that is spilled or scattered by Contractor or its employees. 871 3.15.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting 872 from Contractor’s operations or equipment repair must be covered immediately with an absorptive material 873 and removed from the street surface. Contractor must document spillage in the Waste Reporting System 874 and notify City’s stormwater compliance coordinator within two (2) hours of any spills resulting from 875 Contractor’s operations or equipment. When necessary, Contractor must apply a suitable cleaning agent 876 and cleaning technique to the street surface to provide adequate cleaning as approved by the City’s 877 stormwater compliance coordinator to be compliant with the City’s stormwater permit. 878 3.15.3 The above paragraphs notwithstanding, Contractor must clean up any spillage or 879 litter caused by Contractor within two (2) hours upon notice from the City. If City deems necessary, 880 Contractor must engage third-party environmental clean-up specialist to remove any equipment oil, hydraulic 881 fluids, or any other liquid or debris that remains on street after Contractor’s own clean-up efforts. If clean-up 882 is not conducted to satisfaction of City, City has right to engage environmental clean-up specialist to perform 883 additional clean-up work at the expense of Contractor. 884 3.15.4 In the event where damage to City streets is caused by a hydraulic fluid spill (i.e., 885 any physical damage in excess of a simple cosmetic stain caused by the spill), Contractor shall be 886 responsible for all repairs to return the street to the same condition as that prior to the spill. Contractor shall 887 be responsible for all clean-up activities related to the spill. Repairs and clean-up shall be performed in a 888 manner satisfactory to the City and at no cost to the City.

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889 3.15.5 To facilitate immediate cleanup, Contractor’s vehicles must always carry sufficient 890 quantities of petroleum absorbent materials along with a broom and shovel. 891 3.16 Green and Organic Waste Capacity. Contractor shall guarantee capacity for all City Green 892 and Organic Waste collected by Contractor for the term of the Agreement using a facility listed in Exhibit 893 13.
894 3.17 Regulations and Record Keeping. Contractor must comply with emergency notification 895 procedures required by applicable laws and regulatory requirements. All records required by regulations 896 must be maintained at Contractor’s facility. These records must include waste manifests, waste inventories, 897 waste characterization records, inspection records, incident reports, and training records. 898 3.18 Simi Valley Landfill Agreement. The City is party to that certain Waste Disposal Agreement 899 dated July 27, 1999 between the City and Waste Management of California, Inc. (“Landfill Agreement”) 900 permitting the City and its franchise haulers to dispose Solid Waste at the Simi Valley Landfill & Recycling 901 Center located in Simi Valley, California (“Simi Valley Landfill”). City shall take all actions necessary to 902 enforce or exercise the expressed and implied rights, remedies and benefits conferred to City and 903 Contractor under the Landfill Agreement, including but not limited to the right of Contractor to pay the lowest 904 permissible Tipping Fee under the Landfill Agreement, if Contractor elects to dispose Solid Waste at the 905 Simi Valley Landfill. Contractor shall provide reasonable assistance to City to apply for and secure the 906 lowest permissible Tipping Fee under the Landfill Agreement. For the purposes of this provision, “Tipping 907 Fee” shall mean the per-ton rate for the acceptance and disposal of Solid Waste charged by Waste 908 Management of California, Inc. or its affiliates, successors, or assigns to Contractor, pursuant to the terms 909 and conditions of Section 4.1 of the Landfill Agreement. 910 Article 4. Billing, Charges and Rates
911 4.01 Collection Services. Contractor is responsible for the billing and collection of payments for 912 all Collection Services. Contractor must charge Service Recipients the Maximum Service Rates established 913 in Exhibit 1 and such rates may be adjusted under this Agreement. 914 4.02 Partial Month Service. If, during a month, a Service Unit is added to or deleted from 915 Contractor’s Service Area, Contractor’s Billing will be pro-rated based on the weekly service rate (i.e. the 916 service rate established in Exhibit 1 divided by four (4) times the number of actual weeks in the month that 917 service was provided to the Service Unit).
918 4.03 Production of Invoices. At the City’s direction, the Contractor shall prepare, mail or 919 electronically transmit, and collect bills (or shall issue written receipts for cash payments) for Franchise 920 services provided by Contractor under this Agreement in advance but no less than six (6) times per year. 921 Billing shall not be permitted more than 15 days prior to the initiation of collection service period. Bills shall 922 not be subject to late notification or charges until 30 days following the closing day of the service period. If 923 made by mail, Billings shall be placed in an envelope at least 22 square inches in size and shall include a 924 return envelope for each billing period. Contractor shall include e-mail address on all billing notices and 925 shall accept payment by check, credit card or ACH debit. Billings shall include sufficient space on the 926 statement to accommodate up to 20 typed characters as specified by the City. City shall have the right to 927 revise the billing format, provided that reasonable notice is given. City may assume billing responsibilities 928 by providing no less than 180 days’ written notice to Contractor. Any direction of the City to undertake billing AR000516
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929 shall constitute a change in scope pursuant to Article 28.01. Where it has been determined that a Service 930 Recipient has overpaid for service for any reason, Contractor must provide the Service Recipient a credit 931 against future invoices or a refund (where the account is closing or as selected by the Service Recipient, 932 and where the refund amount exceeds the lesser of the regular invoicing amount or $200) within thirty (30) 933 days of such determination.
934 4.04 Delinquent Service Accounts. Through the Waste Reporting System, Contractor must 935 report to the Agreement Administrator, monthly, all Service Recipients who have received Collection 936 Service and whose account is over ninety (90) days past due. The provisions of Code Section 6-2.401(C) 937 and Exhibit 1 shall apply to billing generally, including penalties for late payments and collection of 938 delinquent accounts. The Contractor may discontinue service to a Customer who is delinquent in paying 939 for services rendered no earlier than 60 days after the last day of the billing period or that date on which 940 the billing for the service period is delivered to the customer, whichever is later. For this purpose, delivery 941 of the billing shall include the date such billing is deposited by to Contractor into the U.S. Mail or delivered 942 electronically. The Contractor shall notify the Customer and the City Manager or designee in writing of its 943 intent to discontinue service not less than 10 business days before such discontinuation shall occur. 944 4.05 Adjustments to Maximum Service Rates using Consumer Price Index (CPI). Beginning on 945 January 1, 2023, and annually thereafter, Contractor shall, subject to compliance with all provisions of this 946 Section, receive an annual adjustment to the Maximum Service Rates as set forth in Exhibit 1 to this 947 Agreement.
948 4.05.1 Annual CPI Calculation. The Maximum Service Rate adjustment shall be 949 calculated using the percentage change in the CPI between the base year, which shall be the prior 950 preceding 12-month period ending July 31, and the preceding 12-month period ending July 31. Therefore, 951 the first annual CPI adjustment (effective January 1, 2023) will be based on the percentage change between 952 the CPI for the base year, August 1, 2020 through July 31, 2021 (the prior preceding 12-month period), and 953 the CPI for the period of August 1, 2021 through July 31, 2022 (the preceding 12-month period). 954 4.05.1.1 CPI Financial Information. On or before September 15, 2022, and 955 annually thereafter on September 15 during the Term of this Agreement, Contractor shall deliver to City 956 financial information, including calculated CPI and adjusted rates, for the specific services performed under 957 this Agreement for the preceding Agreement Year. Such financial information shall be in the format as may 958 be mutually agreed on between the City and Contractor. Contractor’s failure to provide the financial 959 information shall not preclude the City from applying the CPI using the prior year’s financial data, or pro 960 forma data if no prior year financial data is available, if that application would result in a negative CPI. If 961 Contractor fails to submit the financial information required by September 15, the City at its sole and 962 reasonable discretion, may consider a late request for the annual CPI rate adjustment provided that 963 Contractor’s late request does not delay the City’s ability to adjust customer rates billed by City the 964 subsequent January 1st.
965 4.05.2 Rounding. Adjustments to the overall Maximum Service Rates shall be made only 966 in units of one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making 967 adjustments. All CPI indices shall be rounded at two (2) decimal places for the adjustment calculations.

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968 4.06 City Approval of Maximum Service Rates. On or before November 1, 2022, and annually 969 thereafter during the term of this Agreement, the City Representative shall notify Contractor of the CPI adjustments to the affected Maximum Service rates to take place on the subsequent January 1st 970 . City shall 971 take action on any changes in the Maximum Service Rates in accordance with the City’s Municipal Code. 972 4.07 Contractor payment for CPI review. Contractor shall be responsible for paying the cost of 973 reviewing or correcting the annual CPI adjustment if the City determines that Contractor has made 974 substantial errors and has not properly submitted or correctly calculated the CPI adjustment. 975 4.08 Annual Rate Cap on Maximum Service Rates. In any Calendar year that the calculation of 976 the CPI exceeds four percent (4.00%) or is between zero and one percent (1.00%), the total adjustment for 977 that year will equal four percent (4.0%) or one percent (1.0%), respectively, and no rollover amount will be 978 added to or subtracted from the rate adjustment percentage in the following year, or any subsequent year. 979 If the CPI is negative there will be no CPI adjustment for that year. 980 4.09 Extraordinary Adjustment to Maximum Service Rates. 981 4.09.1 If a Material Change in Law occurs after the date hereof, then CITY and 982 CONTRACTOR shall negotiate in good faith a reasonable and appropriate adjustment to Maximum Service 983 Rates sufficient to offset CONTRACTOR’s increased allowable costs of operation or reduced Gross Billings 984 resulting from the Material Change in Law. As an exception to the preceding sentence, CONTRACTOR 985 shall not be entitled to an adjustment in Maximum Service Rates with respect to the first 0.5% of annual 986 revenue in increased costs or decreased revenues incurred by CONTRACTOR resulting from the Material 987 Change in Law.
988 4.09.2 The Parties may negotiate and agree on the amount of any Maximum Service Rate 989 adjustment pursuant to this Section 4.09 without a detailed rate review. CONTRACTOR shall bear the 990 burden of justifying to CITY any adjustment due to a Material Change in Law and shall bear its own costs 991 of preparing its request for an adjustment and supporting documentation. CITY may request from 992 CONTRACTOR such further information as it reasonably deems necessary to fully evaluate 993 CONTRACTOR’S request and make its determination whether CONTRACTOR has satisfied its burden, 994 which determination shall not be unreasonably withheld. CITY shall notify CONTRACTOR of its 995 determination within ninety (90) calendar days of receipt of the written request and all other additional 996 information reasonably requested by CITY. Any such change will be implemented on the following January 997 1st, or within any other time frame agreed upon between CITY and CONTRACTOR. The adjustment in 998 Maximum Service Rates shall be approved by the City Council and memorialized in a written amendment 999 to this Agreement.
1000 4.10 Performance Standards for Adjustments to Rates. To be eligible for a CPI adjustment 1001 under Article 4.06 or an extraordinary adjustment under Article 4.10, Contractor must cure any material 1002 default under Article 23 of this Agreement for which City has provided notice to Contractor. 1003 4.11 Procedures in Event of Invalidation of Rate Adjustment. In the event that City is unable by 1004 operation of Applicable Law to approve or implement a rate increase under this Article 4, or some or all of 1005 the Maximum Service Rates are disallowed by operation of Applicable Law, Contractor will have the right, 1006 within thirty (30) days after notice of any such inability to approve or invalidation of an approved rate 1007 increase, to request, in writing, that City negotiate in good faith regarding reductions in programs, services, AR000518
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1008 or fees to compensate for any negative impact from the unapproved or invalidated rate increase. If City fails 1009 to commence negotiations in good faith or negotiations are not completed within forty-five (45) days 1010 following the date of receipt of Contractor’s request, either party may terminate this Agreement no earlier 1011 than one hundred and eighty (180) days after written notice to the other. 1012 Article 5.Diversion Requirements
1013 5.01 Minimum Requirements. City requires Contractor to achieve a minimum annual franchised 1014 diversion rate and CalRecycle diversion standards as described in Article 5.02 and 5.03 below. Contractor 1015 must provide documentation to City within forty-five (45) days of the end of each calendar year stating and 1016 supporting that calendar year's diversion rate as set forth in Section 20.04. 1017 5.01.1 On or about January 1, 2023, and not more often than once every two (2) years, 1018 Contractor may request waiver or revision of Franchised Diversion requirements. The parties agree to meet 1019 and confer, and negotiate in good faith regarding adjustments to the minimum diversion requirement based 1020 on waste characterization data provided by Agreement, trends in source reduction, the availability of 1021 permitted facilities that are capable of processing material to achieve the required levels of diversion, the 1022 availability of commercially viable markets for Recyclable Materials or Organic Waste, transportation 1023 constraints, embargoes, the impact of scavenging, the number and extent of exempt Organic Waste 1024 customers pursuant to Section 3.04.3 (AB 3606), increasing producer responsibility requirements, 1025 restrictions on single-use plastics, and the passage of any other legislation that significantly impacts the 1026 waste stream mix. City may not unreasonably withhold approval of the waiver or revision provided that 1027 Contractor has presented sufficient documentation for its request and the waiver does not result in the 1028 City’s non-compliance with State diversion mandates. 1029 5.01.2 If City fails to comply with CalRecycle diversion standards due to Contractor’s 1030 failure to implement the diversion and public education programs provided for in this Agreement, Contractor 1031 is subject to an Administrative Charge as specified in Exhibit 9 and Contractor must submit a corrective 1032 action plan to assist City to comply with Public Resources Code Section 41780 and other Applicable Laws by March 15th 1033 following the year the diversion requirements were not met. Contractor’s corrective action 1034 plan is subject to approval by the Agreement Administrator, and to be approved, must constitute a good 1035 faith corrective action plan to allow City to comply with Public Resources Code section 41780 and other 1036 Applicable Laws. Implementation of the corrective action plan will be at Contractor’s sole cost and expense. 1037 If Contractor fails to submit or implement a corrective action plan acceptable to the City, Contractor may be 1038 subject to both an Administrative Charge and an Administrative Penalty as specified in Exhibit 9. 1039 5.01.3 If Contractor fails to achieve a minimum annual Franchised Diversion Rate as 1040 described in Section 5.03, Contractor is subject to an Administrative Charge specified in Exhibit 9 and must submit a corrective action plan by March 15th 1041 following the year the diversion requirements were not met. 1042 Contractor’s corrective action plan is subject to approval by the Agreement Administrator, and to be 1043 approved, must constitute a good faith corrective action plan to meet the Franchised Diversion Rate. 1044 Implementation of the corrective action plan will be at Contractor’s sole cost and expense. If Contractor 1045 fails to submit or implement a corrective action plan acceptable to the City, Contractor may be subject to 1046 both an Administrative Charge and an Administrative Penalty as specified in Exhibit 9. Provided that 1047 Contractor has implemented all required Contractor diversion and public education programs required AR000519
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1048 under this Agreement and has submitted and implemented a corrective action plan acceptable to the City, 1049 Contractor’s failure to meet the Franchised Division requirements shall not constitute an event of default 1050 under this Agreement.
1051 5.01.4 If Contractor fails to meet its Franchised Diversion requirements or if City fails to 1052 comply with CalRecycle diversion standards, and Contractor has implemented all required Contractor 1053 diversion programs, the City may direct Contractor to modify its programs or implement new diversion 1054 programs. Any such modification of Contractor’s existing diversion programs or addition of new diversion 1055 programs done at the City’s request would be in accordance with Section 28.01. 1056 5.01.5 Notwithstanding any other provision of this Agreement to the contrary, where 1057 CalRecycle has determined that there are no commercially viable markets for a specific type of Recyclable 1058 Material(s), or with written notice to City, Contractor is unable to identify a market for one or more Recyclable 1059 Material(s) despite the exercise of commercially reasonable efforts to process and market the material, and 1060 determines, in the interest of safeguarding public health, to dispose of the Recyclable Material(s), such a 1061 determination shall not constitute a failure to implement service, a failure to implement a program, or an 1062 event of default hereunder.
1063 5.02 Diversion Rate Calculation.
1064 5.02.1 Franchised Diversion Rate Calculation. For purposes of determining whether 1065 Contractor has met its Franchised Diversion requirements under this Agreement, City and Contractor agree 1066 the annual Franchised Diversion rate will be calculated using the following formula: “the tons of materials 1067 Collected by Contractor from Collection Services in City that are delivered to a Materials Recovery Facility, 1068 Organic Waste Processing Facility, or any other processing facility approved by City, or that are otherwise 1069 handled in a manner that counts as diversion under applicable CalRecycle regulations (in each case, net 1070 of all residue from processing and net of materials processed for diversion but landfilled as a result of 1071 unavailable markets), divided by the total tons of materials Collected in the City by Contractor from the 1072 provision of Collection Services in each Calendar Year.” 1073 5.02.2 CalRecycle Diversion Requirement Calculation. For purpose of determining 1074 whether Contractor has met its CalRecycle diversion requirements under this Agreement, City and 1075 Contractor agree the CalRecycle diversion requirement rate will be calculated using the following formula:
1076 “Disposal Rate = City’s Pounds Per Person Per Day generated disposal divided by two times CalRecycle’s 1077 Target disposal rate for the City (Pounds Per Person Per Day). CalRecycle’s Diversion Rate = 1 – Disposal 1078 Rate.”
1079 5.03 Contractor’s Diversion Requirements. For purposes of Article 5, Contractor’s Franchised 1080 Diversion requirements are:
1081 5.03.1 For Calendar Years 2022, 2023, and 2024, the minimum annual Franchised 1082 Diversion Rate requirement will be fifty percent (50%) and CalRecycle Diversion standards will be fifty-five 1083 percent (55%).
1084 5.03.2 For Calendar Years 2025 and 2026, the minimum annual Franchised Diversion 1085 Rate requirement will be fifty-five percent (55%) and CalRecycle Diversion standards will be sixty-five 1086 percent (65%).

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1087 5.03.3 For Calendar Years 2027 and 2028, the minimum annual Franchised Diversion 1088 rate requirement will be sixty percent (60%) and CalRecycle Diversion standards will be seventy percent 1089 (70%). For Calendar Years 2029, and for each Calendar Year thereafter during the term of this Agreement, 1090 the minimum annual Franchised Diversion rate requirement will be sixty percent (60%) and CalRecycle 1091 Diversion standards will be seventy-five percent (75%). 1092 5.04 Warranties and Representations. Contractor warrants that it is aware of and familiar with 1093 City's waste stream, and that it has the ability to and will provide sufficient programs and services designed 1094 to ensure City will meet or exceed the diversion requirements as set forth in this Article 5, as well as the 1095 diversion requirements of the Applicable Laws (including, without limitation, amounts of Solid Waste to be 1096 diverted, time frames for diversion, and any other requirements) (including AB 939, AB 341, AB 1826, AB 1097 1594, SB 1016, and SB 1383, and all amendments and related subsequent legislation), and that it will do 1098 so without imposing any costs or fees other than those set forth on Exhibit 1, except as provided in Section 1099 28.01.1.
1100 5.05 Mutual Cooperation. City and Contractor will reasonably cooperate in good faith with all 1101 efforts by each other to meet City's diversion and other compliance requirements imposed by AB 939, AB 1102 341, AB 1826, AB 1594, SB 1016, and SB 1383 and other Applicable Laws, and to meet Contractor’s 1103 obligations under this Article 5. In this regard, City's obligations include, without limitation, making such 1104 petitions and applications as may be reasonably requested by Contractor for time extensions in meeting 1105 diversion goals, or other exceptions from the terms of Applicable Laws, and to agree to authorize such 1106 changes to Contractor’s Recycling, Organic Waste, or Solid Waste programs as may be reasonably 1107 requested by Contractor in order to achieve the minimum requirements of this Article 5. 1108 5.06 Guarantee. Except for programs currently required by Applicable Law but not set forth in 1109 this Agreement, or programs Contractor is expressly instructed by City not to implement, or services which 1110 a Service Recipient refuses to accept, Contractor shall implement the diversion programs set forth in this 1111 Agreement such that: (i) Contractor and City will at all times be in compliance with the requirements of the 1112 Applicable Laws applicable to them including specifically AB 939, AB 341, AB 1826, AB 1594, SB 1016, 1113 and SB 1383, and (ii) City will meet or exceed the diversion requirements (including, without limitation, 1114 amounts of Solid Waste to be diverted, time frames for diversion, and any other requirements) set forth in 1115 this Article 5 and the Applicable Laws including AB 939, AB 341, AB 1826, AB 1594, SB 1016, and SB 1116 1383, and all amendments thereto (subject to Section 28.01.1). In this regard Contractor agrees that it will, 1117 in addition to any other Agreement requirement, at its sole cost and expense:
1118 5.06.1 Assist City in responding to inquiries from CalRecycle or any other regulatory 1119 agency;
1120 5.06.2 Assist City in preparing for, and participating in, CalRecycle’s biannual review of 1121 City's SRRE pursuant to Public Resources Code section 41825; 1122 5.06.3 Assist City in applying for any extension, including under Public Resources Code 1123 section 41820, if so directed by City;
1124 5.06.4 Assist City in any hearing conducted by CalRecycle, or any other regulatory 1125 agency, relating to City's compliance with the Applicable Laws including AB 939, AB 341, AB 1826, AB 1126 1594, SB 1016, and SB 1383;
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1127 5.06.5 Assist City with the development of and implement a public awareness and 1128 education program that is consistent with City's SRRE and Household Hazardous Waste Element, as well 1129 as any related requirements of the Applicable Laws; 1130 5.06.6 Provide City with Recycling, source reduction, and other technical assistance as 1131 may be needed to comply with the Applicable Laws including AB 939, AB 341, AB 1826, AB 1594, SB 1016, 1132 and SB 1383;
1133 5.06.7 Be responsible for and pay, any fees, penalties or other costs imposed against City 1134 by CalRecycle, and indemnify and hold harmless City from and against any fines, penalties, or other 1135 liabilities, levied against it for violation of the diversion requirements, set forth in the Applicable Laws, 1136 including AB 939, AB 341, AB 1826, AB 1594, SB 1016, and SB 1383, or for violation of any other provision 1137 of the Applicable Laws, arising from or in any way related to Contractor's performance of its obligations 1138 under this Agreement.
1139 Article 6.Service Unit Types
1140 6.01 Service Units. Service Units include all the following categories of premises which are in 1141 the Service Area as of January 1, 2022 and all such premises which may be added to the Service Area by 1142 means of annexation, new construction, or as otherwise set forth in this Agreement during term of this 1143 Agreement:
1144 6.01.1 SFD Service Units. Services are specified in Section 7 below. 1145 6.01.2 MFD and Mixed-use Development (MXD) Service Units. Where individual units 1146 within an MFD are each served by Carts, services are defined under Section 9 (MFD-I Service) below. 1147 Where the MFD complex is served by centralized Collection Containers, service is defined under Section 1148 10 (MFD-C) below. MFX complex service is defined under Section 11. 1149 6.01.3 Commercial Service Units
1150 6.01.4 City Service Units
1151 6.01.5 Any question as to whether a premise falls within one of these categories will be 1152 determined by the Agreement Administrator and the determination of the Agreement Administrator will be 1153 final.
1154 6.02 Service Unit Changes. City and Contractor acknowledge that during the term of this 1155 Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide 1156 Service.
1157 6.02.1 Additions and Deletions. Contractor must provide services described in this 1158 Agreement to new Service Units in Contractor’s Service Area within five (5) Work Days of receipt of notice 1159 from City or the new Service Unit to begin such Service. 1160 6.03 Annexation. If during term of the Agreement, additional territory within or adjacent to the 1161 Contractor’s Service Area is acquired by City through annexation, subject to the requirements of Public 1162 Resources Code section 49520, Contractor agrees to provide Collection Services in such annexed area in 1163 accordance with the provisions and Maximum Service Rates set forth in this Agreement. Such Collection AR000522
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1164 Services must begin within five (5) Work Days of receipt of written notice from City. Contractor may not 1165 begin Collection Service without written authorization from City. 1166 6.04 Route Map Update. Contractor must revise the Service Unit route maps to show the 1167 addition of Service Units added due to annexation and must provide such revised maps to the Agreement 1168 Administrator as requested.
1169 Article 7. SFD Service
1170 7.01 SFD Conditions of Service. Except as set forth below, Contractor must provide SFD 1171 Collection Services to all SFD Units in the Service Area including MFD-I. The SFD Services are governed 1172 by the following terms and conditions:
1173 7.01.1 Curb Service. Contractor must provide SFD Collection Service to all SFD Service 1174 Units in the Service Area whose SFD Solid Waste is properly containerized in Garbage Carts, Recyclable 1175 Materials are properly containerized in Recycling Carts, except as set forth in Section 7.03.1; Organic 1176 Wastes are properly containerized in Organic Waste Carts, except as set forth in Sections 7.04.3 and 1177 7.04.4, where the Garbage, Recycling, and Organic Waste carts have been placed within three (3) feet 1178 of the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such 1179 location agreed to by Contractor and Service Recipient, that will provide safe and efficient accessibility to 1180 Contractor's Collection crew and vehicle.
1181 7.01.2 Bundled SFD Service. A weekly Bundled SFD Solid Waste Collection Service 1182 system will be utilized with one (1) 64-Gallon Garbage Cart (with the option to downsize to a 32- or upsize 1183 to a 96-Gallon Garbage Cart), one (1) 64-Gallon Recycling Cart (with the option to downsize to upsize to 1184 a 96-Gallon Recycling Cart), and one (1) 96-Gallon Organic Waste Cart as part of the base SFD Solid 1185 Waste Collection Service. Pricing for upsizing or downsizing Carts, and additional Carts, relative to the 1186 base Bundled Service are included in Exhibit 1. SFD Service Recipients may add Green Waste only Bins 1187 to their SFD Service at pricing included in Exhibit 1. The actual configuration of Garbage, Recycling and 1188 Organic Waste Cart sizes shall be at the option of the Service Recipient. 1189 7.01.3 On-Premises Service. Notwithstanding any term or definition set forth in this 1190 Agreement, Contractor must provide Collection of SFD Solid Waste, Recyclable Materials, and Organic 1191 Waste on the SFD Service Recipients premises to an SFD Service Unit as follows. 1192 At no additional cost to the SFD Service Unit:
1193 7.01.3.1 SFD Service Units where all adult Service Recipients residing therein have 1194 disabilities that prevent them from setting their Garbage, Recycling or Organic Waste Cart at the curb for 1195 Collection, and if a request for on-premises service has been made. 1196 7.01.3.2 SFD Service Units where topography, steep driveways, below grade 1197 dwellings, or limited access to public streets that prevents the SFD Service Recipient from setting their 1198 Garbage, Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed 1199 by the Contractor, and if a request for on-premises service has been made. 1200 At an additional cost to the SFD Service Unit:

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1201 7.01.3.3 SFD Service Units inaccessible by standard 3 or 4 axel Collection Vehicles 1202 as determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for 1203 the retrieval of Collection Containers from locations with accessibility constraints that make Containers 1204 difficult or impossible to access using regular trash collection trucks. 1205 7.01.3.4 Contractor must offer “push services” to SFD Service Recipients other 1206 than those listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push 1207 services include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection 1208 Containers from their storage location for Collection and returning the Collection Containers back to their 1209 storage location.
1210 Contractor must provide on-premises Collection Service on the same Work Day that curbside 1211 Collection would otherwise be provided to the SFD Service Unit. 1212 7.01.4 Frequency and Scheduling of Service. Except as set forth in Section 7.10, SFD 1213 Collection Service must be provided one (1) time per week on a scheduled route basis. SFD Collection 1214 Service must be scheduled so that all Service Units receive Solid Waste Collection Service, Recycling 1215 Collection Service, and Organic Waste Collection Service on the same Work Day. SFD Collection Service 1216 must be provided, commencing no earlier than 7:00 a.m. and terminating no later than 7:00 p.m., Monday 1217 through Friday, except for Holidays in accordance with Section 3.09. The hours, day, or both of Collection 1218 may be extended due to extraordinary circumstances or conditions with the prior verbal or written consent 1219 of the Agreement Administrator.
1220 7.01.5 Manner of Collection. The Contractor must provide Collection Service with as 1221 little disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright 1222 position at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or 1223 mail boxes. Contractor’s employees providing Collection Service must follow the regular walk for 1224 pedestrians while on private property and may not trespass nor cross property to the adjoining premises 1225 unless the occupant or owner of both properties has given permission. Care should be taken to prevent 1226 damage to property, including flowers, shrubs, and other plantings. 1227 7.01.6 Replacement of Carts. Contractor’s employees must take care to prevent 1228 damage to Carts by unnecessary rough treatment. However, any Cart damaged by the Contractor must 1229 be replaced by Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience 1230 to the Service Recipient.
1231 7.01.6.1 Upon notification to Contractor by City or a Service Recipient that the 1232 Service Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, 1233 Contractor must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. 1234 Contractor must maintain records documenting all Cart replacements occurring and report through the 1235 Waste Reporting System monthly.
1236 7.01.6.2 Each Service Recipient is entitled to the replacement of one (1) lost, 1237 destroyed, or stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service 1238 Recipient. Except in the case of a Cart that must be replaced because of damage caused by Contractor or 1239 in the case where Contractor elects to replace a Cart rather than repair it on-site, Contractor will be 1240 compensated for the cost of those replacements in excess of one (1) per type of Cart per Service Recipient AR000524
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1241 during the term of the Agreement, in accordance with the “Cart Exchange” Service Rate set forth in Exhibit 1242 1, or as may be adjusted by the City from time to time as provided under this Agreement. 1243 7.01.6.3 Contractor understands and agrees that this provision is intended to be 1244 applied on a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could 1245 receive up to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the 1246 contract.
1247 7.01.6.4 New carts. At the start of this Agreement, Contractor must supply new 1248 carts which comply with Collection Container specifications in Exhibit 3. If any changes to these 1249 specifications are adopted after the Effective Date that results in Contractor being required to replace 1250 Collection Containers before they have been fully depreciated, Contactor will be eligible for additional 1251 compensation in accordance with Section 4.09.
1252 7.01.6.5 Repair of Garbage, Recycling and Organic Waste Carts. Contractor is 1253 responsible for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five 1254 (5) Work Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must 1255 repair the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service 1256 Recipient.
1257 7.01.6.6 Cart Exchange. Upon notification to Contractor by City or a Service 1258 Recipient that a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service 1259 Recipient within five (5) Work Days. Each SFD Service Unit is eligible to receive one (1) free Cart exchange 1260 per Calendar Year during the term of this Agreement for moving to a larger Cart size. Each SFD Service 1261 Unit is eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for 1262 moving to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those 1263 exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in 1264 accordance with the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjusted this 1265 Agreement.
1266 7.01.6.7 Additional Cart Request. Upon notification to the Contractor by City or a 1267 Service Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested, 1268 Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth 1269 in Exhibit 1.
1270 7.01.6.8 Ownership of Carts. Ownership of Carts is vested in the Contractor. 1271 7.02 SFD Solid Waste Collection Service. This service is governed by the following terms and 1272 conditions:
1273 7.02.1 Non-Collection. Contractor is not required to Collect any Residential Garbage 1274 that is not placed in a Garbage Cart. In the event of non-collection, Contractor will follow the steps set 1275 forth in Section 3.13.
1276 7.02.2 Disposal Facility. Except as set forth below, all Residential Solid Waste Collected 1277 as a result of performing Solid Waste Collection Services must be transported to, and disposed of, at the 1278 Disposal Facility. In the event the Disposal Facility is closed on a Work Day, Contractor must transport 1279 and dispose of the Residential Solid Waste at another legally permitted disposal facility. Failure to comply AR000525
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1280 with this provision will result in the levy of a penalty as specified in Exhibit 9 and may result in Contractor 1281 being in default under this Agreement. City has the right to designate Disposal Facility and agrees to 1282 adjust Maximum Service Rates to reflect City’s exercise of flow control rights. 1283 7.03 SFD Recycling Service. This service is governed by the following terms and conditions:
1284 7.03.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart may be placed beside the Recycling Cart if flattened during the three-week period beginning December 26 1285 th 1286 each year during the term of this Agreement.
1287 7.03.2 Recycling - Improper Procedure. The Contractor is not required to Collect 1288 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid 1289 Waste or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1290 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1291 Contractor must follow the steps set forth in Section 3.12. 1292 7.03.3 Materials Recovery Facility. Except as provided in Section 3.12, all Recyclable 1293 Materials collected as a result of performing recycling services must be delivered to the Materials 1294 Recovery Facility. Failure to comply with this provision will result in the levy of a penalty as specified in 1295 Exhibit 9 and may result in Contractor being in default under this Agreement. All expenses related to 1296 materials processing and marketing will be the sole responsibility of Contractor. City has the right to 1297 designate Materials Recovery Facility and agrees to adjust Maximum Service Rates to reflect City’s 1298 exercise of flow control rights.
1299 7.03.4 Move In/Out Collection Service. Within three (3) months of opening a new 1300 account, at no additional charge, each SFD customer may request that Contractor provide one on-call 1301 Move-In/Out Recyclable Material Collection Service for recyclable packaging materials such as flattened 1302 cardboard boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service 1303 for each new account. This service shall only include Recyclable Materials, and in the event that the 1304 Service Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall 1305 be counted as one of the SFD Service Recipient’s free annual Large Item Collections as set forth in 1306 Section 7.05.
1307 7.03.5 Recycling - Changes to Services. Should changes in Applicable Law arise that 1308 necessitate any additions or deletions to the services described in this Section 7.03, including the type of 1309 items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will 1310 enter into an Agreement amendment covering such modifications to the services to be performed and 1311 the compensation to be paid in accordance with Section 28.01.1 before undertaking any changes or 1312 revisions to such services.
1313 7.04 SFD Organic Waste Collection Service. This service is governed by the following terms 1314 and conditions:
1315 7.04.1 Organic Waste Processing Services. Contractor must ensure that all Organic 1316 Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB 1317 1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must 1318 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except AR000526
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1319 for residue resulting from processing. If the organics processing facility accepts bagged organic waste 1320 (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged Organic 1321 Waste.
1322 7.04.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1323 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Organic Waste transfer 1324 station, that has been agreed upon by the City. All expenses related to Organic Waste processing and 1325 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in 1326 the levy of a penalty as specified in Exhibit 9 and may result in Contractor being in default under this 1327 Agreement. City has the right to designate Organic Waste Processing Facility and agrees to adjust 1328 Maximum Service Rates to reflect City’s exercise of flow control rights. 1329 7.04.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb for Collection during the three-week period beginning December 26th 1330 each year during the term of 1331 this Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate facility for 1332 processing. This annual service will be provided at no additional charge to the Service Recipient. 1333 Contractor is not required to divert Holiday Trees with tinsel, flocking or ornaments. 1334 7.04.4 Non-Collection. Contractor is not required to Collect Organic Waste if the Service 1335 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore, 1336 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with 1337 Solid Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 1338 3.12.
1339 7.04.5 Home Compost Bins. Contractor shall store, promote, and distribute a maximum 1340 of 500 home compost bins per Calendar Year to be used by Service Recipients to compost Organic 1341 Waste. City is responsible for purchase of home compost bins delivered to Contractor’s place of storage. 1342 7.05 SFD Large Item Collection Service. This service is governed by the following terms and 1343 conditions:
1344 7.05.1 Conditions of Service. Contractor must provide Large Item Collection Service to 1345 all SFD Service Units in the Service Area whose Large Items have been placed within three (3) feet of 1346 the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location 1347 agreed to by Contractor and Service Recipient, that will provide safe and efficient accessibility to 1348 Contractor's Collection crew and vehicle. Up to two (2) times per Calendar Year each Service Recipient 1349 is entitled to receive large item disposal amounting to a combined annual maximum of the equivalent of 1350 (a) 1.5 cubic yards of uncontainerized Solid Waste, or (b) six (6) large items, or (c) ten (10) 32-gallon 1351 bags at no additional cost and expense. For subsequent collection in any Calendar Year, the Contractor 1352 shall receive compensation from the customer at the rate for such service as set in Exhibit 1. 1353 7.05.2 Frequency of Service. Large Item Collection Service will be provided on the next 1354 regular Collection day if the request is received at least two (2) Work Days in advance of the next regular 1355 Collection day. The Service Recipient may not intentionally commingle residential Large Items with other 1356 Residential Waste.

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1357 7.05.3 Large Items Containing Freon. In the event Contractor Collects Large Items that 1358 contain Freon, Contractor must handle such Large Items in a manner such that the Large Items are not 1359 subject to regulation as hazardous waste under applicable State and Federal laws or regulations. 1360 7.05.4 Maximum Reuse and Recycling. Contractor must dispose of Large Items 1361 collected from Service Units pursuant to this Agreement in accordance with the following hierarchy:
1362 7.05.4.1 Reuse as is (where energy efficiency is not compromised) 1363 7.05.4.2 Disassemble for reuse or Recycling
1364 7.05.4.3 Recycle
1365 7.05.4.4 Disposal
1366 7.05.5 Disposal of Large Items. Contractor may not landfill such Large Items unless the 1367 Large Items cannot be reused or recycled.
1368 7.05.6 City Direction of Large Items. City reserves the right to direct Contractor to take 1369 specific types of Large Items Collected pursuant to this Section to designated sites not more than twenty 1370 (20) miles from City Hall for the purpose of reuse or recycling at no cost. Contractor has no obligation to 1371 dispose of the Large Item residue remaining at the directed site or sites after scavengers and recyclers 1372 have removed reusable or recyclable Large Items.
1373 Article 8. Commercial Service
1374 8.01 Commercial Conditions of Service. Except as set forth below, Contractor must provide 1375 Commercial Collection Services to all Commercial Service Units in the Service Area, including MFD-C and 1376 MXD Service Units and City Service Units. This service is governed by the following terms and conditions:
1377 8.01.1 Provision of Service. Contractor must provide Commercial Solid Waste Collection 1378 Service, Commercial Recycling Service and Commercial Organic Waste Collection Service to all 1379 Commercial Service Units Service Units in the Service Area whose Solid Waste, Recyclable Materials, and 1380 Organics Waste are properly containerized in Collection Containers as appropriate where the Collection 1381 Containers are accessible as set forth in Section 8.01.4. Contractor must offer Solid Waste, Recyclable 1382 Materials, and Organic Waste Carts in 32, 64, and 96-gallon sizes. Contractor must offer Solid Waste and 1383 Recyclable Materials Bins in 1, 2, 3, 4, and 6-cubic yard sizes (stab only, no wheels or maneuvering required 1384 for 6 cubic yard sized Bins) and 1, 1.5, 2, 3 and 4-cubic yard sizes for Organic Waste Bins. Contractor must 1385 offer Roll-off Containers in 10, 20, 30, and 40-cubic yard sizes, and Compactors. The size of the container 1386 and the frequency (above the minimum) of collection will be determined between the Service Recipient and 1387 Contractor. However, the size and frequency must be sufficient to provide that no Solid Waste, Recyclable 1388 Materials, or Organic Waste need be placed outside the Collection Container. The base Solid Waste 1389 Collection Service will include Commercial Recycling Service as described in Section 8.03.2 below, and 1390 Commercial Organic Waste Collection Service as described in Section 8.04.2 below. 1391 8.01.2 Bundled Service. For the Commercial Solid Waste Collection Service system, the 1392 City wishes to utilize Garbage Bins as requested by the Commercial Service Recipient, and including at no 1393 additional cost the equivalent volume of recycling, and one (1) 32-Gallon Organic Waste Cart per 2 cu yd 1394 of weekly trash (garbage plus recycling) service as part of the base bundled Commercial Collection Service.

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1395 The actual configuration of Recycling and Organic Waste Cart and/or Bin sizes shall be based on the total 1396 equivalent volume and configured in a manner determined by the Service Recipient in consultation with the 1397 Contractor. Additional services may be requested by the Commercial Service Recipient. To be exempted 1398 from Commercial Recycling Service or Commercial Organic Waste Collection Service, Service Recipient 1399 must apply for exemption to the Contractor. All such exemption applications must be reported in the Waste 1400 Reporting System and approved by the City.
1401 8.01.3 Hours of Collection. Commercial Collection Service must be provided, 1402 commencing no earlier than 7:00 a.m., and terminating no later than 7:00 p.m., Monday through Saturday, 1403 except for Holidays. There will be no Commercial Collection Service on Sundays. The hours, day, or both 1404 of Collection may be extended due to extraordinary circumstances or conditions with the prior verbal or 1405 written consent of the Agreement Administrator.
1406 8.01.4 Accessibility. Contractor must Collect all Collection Containers that are readily 1407 accessible to Contractor's crew and vehicles and not blocked. However, Contractor must provide “push 1408 services” and “stinger/scout truck services” as necessary upon request during the provision of Commercial 1409 Collection Services for the Service Rate set forth in Exhibit 1. Push services include, but are not limited to, 1410 dismounting from the Collection Vehicle, moving the Collection Containers from their storage location for 1411 Collection and returning the Collection Containers back to their storage location. Stinger/scout truck 1412 services provide for the retrieval of Collection Containers from locations with accessibility constraints that 1413 make Containers difficult or impossible to access using regular trash collection trucks. 1414 8.01.5 Manner of Collection. Contractor must provide Commercial Collection Service with 1415 as little disturbance as possible and must leave any Collection Container at the same point it originally 1416 located without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1417 8.01.5.1 Purchase and Distribution of Collection Containers for New 1418 Commercial Service Units. Contractor must also distribute newly-painted Collection Containers as specified 1419 in Exhibit 4 to new Commercial and MFD/MXD Service Units that are added to Contractor’s Service Area 1420 during the term of this Agreement. The size and mix of the Collection Containers will be in accordance with 1421 the service agreement obtained by Contractor as set forth in this Agreement and the distribution must be 1422 completed within five (5) Work Days of receipt of the request for service. 1423 8.01.6 Replacement of Collection Containers. Contractor’s employees must avoid 1424 damage to Collection Containers by unnecessary rough treatment. Any Collection Container damaged by 1425 the Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Work Days at no 1426 cost or inconvenience to the Service Recipient.
1427 8.01.6.1 Each Commercial Service Unit is entitled to the replacement of 1428 one (1) lost, destroyed, or stolen Garbage, Recycling, and Organic Collection Container during the initial 1429 term of this Agreement at no cost to the Service Unit. Accordingly, Contractor will be compensated for the 1430 cost of those replacements in excess of one (1) Garbage, Recycling, and Organic Collection Container per 1431 Commercial Service Unit during the initial term of the Agreement, in accordance with the “Collection 1432 Container Exchange” Service Rate, as appropriate, set forth in Exhibit 1. Contractor must deliver a 1433 replacement Collection Container to such Service Unit within five (5) Work Days.

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1434 8.01.7 Repair of Collection Containers. Contractor is responsible for repair of Collection 1435 Containers. Within five (5) Work Days of notification by City or a Service Recipient of the need for such 1436 repairs, Contractor must repair the Collection Container or if necessary, remove the Collection Container 1437 for repairs and deliver a replacement Collection Container to the Service Recipient. Collection Container 1438 repair also includes the removal of graffiti from the Collection Container. 1439 8.01.8 Collection Container Exchange. Upon notification to Contractor by City or a Service 1440 Recipient that a change in their Collection Containers is required, Contractor must deliver such Collection 1441 Containers to such Service Recipient within five (5) Work Days. Each Commercial Service Unit is eligible 1442 to receive one (1) free Collection Container exchange per Calendar Year during the term of this Agreement. 1443 Contractor is allowed to charge the Service Unit for the cost of those exchanges in excess of one (1) 1444 Collection Container exchange per Calendar Year, in accordance with the appropriate “Collection Container 1445 Exchange” service rate set forth in Exhibit 1 as may be adjusted by City under this Agreement. Additional 1446 Collection Containers or different size Collection Containers are subject to the applicable Service Rate set 1447 forth in Exhibit 1.
1448 8.01.9 Newly painted Bins and Roll-off Containers. At the start of this Agreement, 1449 Contractor must supply newly-painted Bins and Roll-off Containers in good condition which comply with 1450 Collection Container specifications in Exhibit 4. If any changes to these specifications are adopted after the 1451 Effective Date that results in Contractor being required to replace Collection Containers before they have 1452 been fully depreciated, Contactor will be eligible for additional compensation in accordance with Section 1453 28.01.1.
1454 8.01.10 Ownership of Collection Containers. Ownership of Collection Containers 1455 distributed by Contractor is vested in Contractor. 1456 8.01.11 Cleaning of Collection Containers. Once each Calendar Year, if requested by the 1457 Commercial Service Unit, Contractor must clean all Collection Containers at the Commercial Service Unit’s 1458 premises or must replace the dirty Collection Containers with clean Collection Containers. Any Collection 1459 Container cleanings must be done in such a manner that results in no water entering the City’s storm drain 1460 system. This service must be provided at no charge to the Service Unit, so long as the service is not 1461 requested more than once per Calendar Year. In addition, regardless of whether or not this cleaning is 1462 requested by the Service Unit, Contractor will ensure that all Collection Containers are cleaned on an as1463 needed basis so as to maintain a clean appearance and proper function. Additional cleanings beyond once 1464 each Calendar Year will be subject to the Service Rate set forth in Exhibit 1. 1465 8.02 Commercial Solid Waste Collection Service.
1466 8.02.1 Conditions of Service. Contractor must provide Commercial Garbage Collection 1467 Service to all Commercial Service Units in the Service Area whose Solid Waste is properly containerized 1468 in Garbage Collection Containers, where the Garbage Collection Containers are accessible. 1469 8.02.2 Size and Frequency of Service. This service must be provided as deemed 1470 necessary and determined between Contractor and the Commercial Service Unit, but such service must 1471 be received no less than one (1) time per week with no exception for holiday(s) as set forth herein, except 1472 that Collection service scheduled to fall on a holiday may be rescheduled as determined between the 1473 Service Unit and Contractor as long as the minimum frequency requirement is met. The size of the container AR000530
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1474 and the frequency (above the minimum) of Collection will be determined between the Commercial Service 1475 Unit and Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need 1476 be placed outside the Collection Container. Contractor must provide containers as part of the Commercial 1477 Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own 1478 Compactor provided that the Service Recipient is completely responsible for its proper maintenance, and 1479 such Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers 1480 used by Service Recipients must be owned and supplied by Contractor. 1481 8.02.3 Non-Collection. Contractor is not required to Collect any Commercial Solid Waste 1482 that is not placed in a Garbage Collection Container unless such Commercial Solid Waste is outside the 1483 Garbage Collection Container because of overflow. In the event of non-collection or overflow, Contractor 1484 must follow the steps as set forth in Section 3.13. 1485 8.02.4 Disposal Facility. All Solid Waste collected as a result of performing Commercial 1486 Solid Waste Collection Services must be transported to, and disposed of, at the Disposal Facility. In the 1487 event the Disposal Facility is closed on a Work Day, Contractor must transport and dispose of Solid Waste 1488 at another legally permitted disposal facility. Failure to comply with this provision will result in the levy of a 1489 penalty as specified in Exhibit 9 and may result in Contractor being in default under this Agreement. City 1490 has the right to designate Disposal Facility and agrees to adjust Maximum Service Rates to reflect City’s 1491 exercise of flow control rights.
1492 8.03 Commercial Recycling Service. This service is governed by the following terms and 1493 conditions:
1494 8.03.1 Conditions of Service. Contractor must provide Commercial Recycling Service to 1495 all Commercial Service Units in the Service Area whose Recyclable Materials are properly containerized in 1496 Recycling Collection Containers except as set forth below, where the Recycling Collection Containers are 1497 accessible. The Maximum Service Rates for Contractor’s Commercial Recycling Services are set forth in 1498 Exhibit 1.
1499 8.03.2 Base Commercial Recycling Service. All Commercial Service Recipients 1500 subscribing to Commercial Solid Waste Collection Service must receive weekly collection of Recycling 1501 Materials with a minimum of at least one 96-gallon Recycling Cart per Service Recipient and included in 1502 the Bundled Rate set forth in Exhibit 1. The actual configuration of Recycling Collection Container sizes to 1503 be provided will be based on the total equivalent volume and configured in a manner determined by the 1504 Service Recipient in consultation with Contractor. 1505 8.03.3 Size and Frequency of Service. This service will be provided as deemed necessary 1506 and determined between Contractor and the Service Recipient, but such service must be received no less 1507 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 1508 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 1509 Contractor as long as the minimum frequency requirement is met. Service may be provided by Collection 1510 Container at the option of the Service Recipient. The size of the Collection Container and the frequency 1511 (above the minimum) of Collection will be determined between the Service Recipient and Contractor. 1512 However, size and frequency must be sufficient to provide that no Recyclable Materials need be placed 1513 outside the Collection Container. Contractor may charge for Commercial Recycling Services above the AR000531
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1514 weekly trash volume equivalent and must provide Recycling Collection Containers as a part of the Bundled 1515 Service with rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor 1516 provided that the Service Recipient is completely responsible for its proper maintenance, and such 1517 Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used 1518 by Service Recipients must be owned and supplied by Contractor. 1519 8.03.4 Recycling - Improper Procedure. Contractor is not required to Collect Recyclable 1520 Materials if the Service Recipient does not segregate the Recyclable Materials from Commercial Solid 1521 Waste and Organic Waste. Furthermore, Contractor is not required to collect Recyclable Materials that are 1522 contaminated through commingling with Solid Waste or Organic Waste. To address contamination, 1523 Contractor must follow the steps as set forth in Section 3.12. 1524 8.03.5 Materials Recovery Facility. All Recyclable Materials Collected as a result of 1525 performing Recycling Services must be delivered to the Materials Recovery Facility. Failure to comply with 1526 this provision will result in the levy of a penalty as specified in Exhibit 9 and may result in Contractor being 1527 in default under this Agreement. All expenses related to materials processing and marketing will be the sole 1528 responsibility of Contractor. City has the right to designate Materials Recovery Facility and agrees to adjust 1529 Maximum Service Rates to reflect City’s exercise of flow control rights. 1530 8.03.6 Recycling - Changes to Work. Should changes in law arise that necessitate any 1531 additions or deletions to the work described herein including the type of items included as Recyclable 1532 Materials, the parties will negotiate any necessary cost changes and will enter into an Agreement 1533 amendment covering such modifications to the work to be performed and the compensation to be paid in 1534 accordance with Section 28.01.1 before undertaking any changes or revisions to such work. 1535 8.03.7 Compliance with AB 341. Contractor will develop and maintain its Commercial 1536 Recycling Service in a manner designed to assist City and the Service Recipients to achieve and maintain 1537 compliance with AB 341 and AB 1826. Contractor will notify Commercial Service Recipients of the requirements to comply with the laws starting January 1, 2022, and each January 1st 1538 thereafter. Contractor 1539 must provide the necessary volume of collection service to Commercial Service Units in order to be in full 1540 compliance with the law. In conjunction with the City’s ordinance supporting full compliance with AB 341 1541 and AB 1826 by Commercial Service Units (i.e., “generators”), Contractor will conduct in-person outreach 1542 to all non-participating commercial covered generators a minimum of once per calendar year. Failure to 1543 conduct such outreach will result in a penalty as specified in Exhibit 9. 1544 8.03.8 Additional Recycling Collection containers. Contractor must provide additional 1545 Recycling Collection Containers to Commercial Service Recipients above the minimum requirements within 1546 five (5) days of request and may charge for such additional capacity set forth in Exhibit 1 provided that 1547 additional Collection Containers are used by Service Recipients for the purposes of setting out additional 1548 Recyclable Materials for regular weekly Commercial Recycling Service. 1549 8.04 Commercial Organic Waste Collection Service. This service is governed by the following 1550 terms and conditions:
1551 8.04.1 Conditions of Service. Contractor must provide Commercial Organic Waste 1552 Collection Service to all non-exempt (Section 3.04.3; AB 3036) Commercial Service Units in the Service 1553 Area whose Organic Waste is properly containerized in Organic Collection Containers, except as set forth AR000532
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1554 below in Section 8.04.5, where the Organic Waste Collection Containers are accessible. Contractor will 1555 conduct a site visit with each non-exempt Service Recipient to determine the specific materials to be included 1556 the Service Recipient’s Organic Waste Collection (i.e., Food Waste, Green Waste, combined Food and 1557 Green Waste). Contractor will charge for collection of Organic Waste within the Bundled Service rate 1558 specified in Exhibit 1. For Organic Waste collected in Collection Containers beyond the size specified in the 1559 Bundled Service rate, Contractor will charge at the rate set forth in Exhibit 1. Contractor agrees that not all 1560 Service Units will elect to receive Organic Waste Collection Service in Carts, and that Contractor will provide 1561 Organic Waste Collection Bins upon request and as necessary. Service Recipients may elect to add Green 1562 Waste only Collection Bins to their service at pricing included in Exhibit 1. Contractor will provide a sufficient 1563 number of Collection Containers and at a collection frequency to allow for any such Service Unit to utilize 1564 the collection of Organic Waste. Commercial Organic Waste Collection will occur Monday through Saturday 1565 upon request and as necessary. City shall provide Contractor a list of the names and addresses of 1566 Commercial Service Units that are approved by City for exemption from Organic Waste Collection. 1567 8.04.2 Organic Waste Processing Services. Contractor must ensure that all Organic 1568 Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB 1569 1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must 1570 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except 1571 for residue resulting from processing. If the organics processing facility accepts bagged organic waste, then 1572 Contractor is obligated to accept bagged Organic Waste. 1573 8.04.3 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1574 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Organic Waste transfer 1575 station, that has been agreed upon by the City. Failure to comply with this provision will result in the levy of 1576 a penalty as specified in Exhibit 9 and may result in Contractor being in default under this Agreement. All 1577 expenses related to Organic Waste processing and marketing will be the sole responsibility of Contractor. 1578 City has the right to designate Organic Waste Processing Facility and agrees to adjust Maximum Service 1579 Rates to reflect City’s exercise of flow control rights. 1580 8.04.4 Organic Waste Collection Frequency. Contractor must comply with CalRecycle 1581 collection frequency requirements as they may apply during the term of this Agreement. If any such changes 1582 to collection frequency are adopted after Effective Date that result in Contractor being allowed to reduce 1583 the frequency of Garbage or Organic Waste Collection, or otherwise cause Contractor to reduce its 1584 collection costs as a result in a change in Garbage or Organic Waste collection frequency, Contractor must 1585 provide City with its estimate of reduced its costs and shall make adjustments to the Maximum Service 1586 Rates.
1587 8.04.5 Base Commercial Organic Waste Service. All Commercial Service Recipients 1588 subscribing to Commercial Garbage Collection Service must receive weekly collection of the equivalent 1589 volume of at least one (1) 32-gallon Organic Waste Cart per Service Recipient included in the Bundled 1590 Service rate. The actual configuration of Organic Waste Collection Container sizes to be provided will be 1591 based on the total equivalent volume and configured in a manner determined by the Service Recipient in 1592 consultation with Contractor. Contractor may charge for Commercial Organic Waste Collection as set forth 1593 in Exhibit 1 for Commercial Organic Waste Service greater than the base 32-gallon Organic Waste Cart.

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1594 8.04.6 Size and Frequency of Service. This service will be provided as deemed necessary 1595 and determined between Contractor and the Service Recipient, but such service must be received no less 1596 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service 1597 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and 1598 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart 1599 at the option of the Service Recipient. The size of the container and the frequency (above the minimum) of 1600 Collection will be determined between the customer and Contractor. However, size and frequency must be 1601 sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service 1602 Recipients may own and provide their own Compactor provided that the Service Recipient is completely 1603 responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's 1604 equipment. All other Collection Containers used by Service Recipients must be owned and supplied by 1605 Contractor.
1606 8.04.7 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 1607 Waste if the Service Recipient does not separate the Organic Waste from Solid Waste and Recyclable 1608 Materials. Furthermore, Contractor is not required to collect Organic Waste that is contaminated through 1609 commingling with Solid Waste or Recyclable Materials. To address contamination, Contractor must follow 1610 the steps set forth in Section 3.12.
1611 8.04.8 Organic Waste Processing Facility. Subject to Section 8.04.3, all Organic 1612 Waste Collected as a result of performing Organic Waste Collection Services must be delivered to the 1613 Organic Waste Processing Facility. Failure to comply with this provision will result in the levy of an 1614 administrative charge as specified in this Agreement and may result in Contractor being in default under 1615 this Agreement.
1616 8.04.9 Organic Waste - Changes to Services. Should changes in law arise that 1617 necessitate any additions or deletions to the services described in this Section 8.04 including the type of 1618 items included as Organic Waste, the parties will negotiate any necessary cost changes and will enter into 1619 an Agreement amendment covering such modifications to the services to be performed and the 1620 compensation to be paid in accordance with Section 28.01.1 before undertaking any changes or revisions 1621 to such services.
1622 8.04.10 Compliance with AB 1826 and SB 1383. Contractor will develop and maintain its 1623 Commercial Organic Waste Collection Service in a manner designed to assist City and Service Recipients 1624 to achieve and maintain compliance with AB 1826 and SB 1383. Contractor will notify non-exempt covered 1625 businesses of the requirements to comply with the law annually starting January 1, 2022. Contractor will 1626 offer to provide the volume of collection service that covered businesses require to be in compliance with 1627 the law. In conjunction with the City’s ordinance supporting full compliance with AB 341, SB 1383 and AB 1628 827 by Commercial Service Units (i.e., “generators”), Contractor will conduct in-person outreach to all non1629 participating non-exempt commercial covered generators as specified in Section 18.02. Failure to conduct 1630 such outreach will result in a penalty as specified in Exhibit 9. 1631 8.04.11 Additional Organic Waste Collection Containers. Contractor must provide 1632 additional Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided 1633 that additional Collection Containers are used by Service Recipients for the proposes of setting out 1634 additional Organic Waste materials for regular weekly Organic Waste Collection Service AR000534
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Thousand Oaks City CouncilMarch 24, 2026

Thousand Oaks City Council
March 24, 2026