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1 sustainability and compliance plan, and the use
2 of technology.
3 Athens also came out top with respect
4 to rates offering the lowest rates by a large
5 margin, as I will show next.
6 These are the finalists' proposed
7 monthly rates for a three-cart bundled service
8 once a week for residents. The top row shows a
9 service that's utilized by more than 95 percent
10 of residential customers currently. We
11 considered Athens as offering the lowest rate by
12 more than 25 percent compared to waste management
lA.1\4
13 ~E.J. Harrison ' s proposals . 5 {:t:JLf
14 Comparing this to current rates, Athens
15 is offering residents an almost 34 percent
16 reduction. The n e w service would essentially be
17 the same as residents have now, but with the
18 addition of food waste to their green waste bin
19 and some additional services that I'll get to in
20 a few minutes.
21 As noted, Athens' proposal offers a
22 substantial reduction in residential rates, which
23 amounts to annual savi ngs to residents of about
24 $150 a year, and a total savings to our residents
25 over the City of almost $5 million a year.
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Over
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l the lifetime of the contract , this will save
2 residents over $70 million . Also, under the new
3 contract, rate increases are limited to the
4 increase in the annu al consumer price index and
5 capped at four percent. What this means is if
6 the CPI was to continue to increase at the same
7 rate as it has over the past ?0 years at two-and8 a - half percent, then rates at the end of the 9 contract period will still be less than they are
1 0 now.
11 Here, we 1 re showing some comparative
12 residential rates across the region . There are
13 two important things to note from this chart.
14 First , there ' s a l arge variation in rates in
15 d i fferent cities, and second , Los Angeles County
16 tends to have the lower service rates than
17 Ventura County.
18 The variati on in rates across cities is
19 due to a number of factors , including
20 availability of and distance to facilities, the
21 type of service provi ded , the effective dates of
22 the rate in the contract , franchise and other
23 fees , and other features of the contract , such as
24 the number of waste containers, street sweeping,
25 bulky item pick up, free landfill days, etc . , and
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1 other services. The lower rates in Los Angeles
2 County may be partly due to increased competition
3 in that area.
4 5
Superimposed on this chart now is the
proposed Athens rate for service here. This is
6 clearly a competitive rate, but not out of the
7 ordinary by any means. Athens ' rates in other
8 cities are now shown in the striped bars . -Serv1·ce
9 Clearly, Athens isn't offeringJ\in Thousand Oaks 5~·.l(~ 10 at a rate that is commensurate with their rates
11 elsewhere.
12 In fact, their rate for Thousand Oaks
13 is a little higher than that in Santa Paula,
14 which is their only service in Ventura County,
15 and is comparab i e to a city like Whittier where
16 the services is a similar three-cart bundle
17 service. Cities with some of the lower rates
18 here, like Hermosa Beach, Redondo Beach, and
19 Norwalk, that are also served by Athens, have
20 similar services to Thousand Oaks as well with a
21 three - cart service, but their higher housing
22 density lowers their collection costs, so their
23 rates are a little lower.
24 On the other end of the spectrum,
25 Temple City has Athens' highest rate, but in that
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1 city trash service is twice a week e x plaini ng why
2 rates there are much higher.
3 Moving on now to commercial rates,
4 commercial rates are more complex than
5 residential as customers have a cho i ce of various
6 container sizes and frequency of pick up from
7 once to six times a week. The data here shows
8 the number of customer accounts receiving each
9 level of trash service.
10 11
This data was also provided to
proposers in the RFP package. Note that the
12 numbers here are not the same as the numbe r of
13 bins or pick-ups as some customers may have
14 mul tiple trash enclosures and multiple bins. In
15 order to provide illustrative rates here, I will
16 present just those for the most common services
17 as highlighted here in green. The comparison of
18 all of the rates is available as an attachment to
19 the staff report.
20 21
Note that the new service is different
One.. from the currentA It's a bundled service , whi ch 22 includes trash and recycling, plus organics, and
23 was specified in order to ensure compliance with
24 new state regulations , which come into force next
25 year , All proposers were asked to provide rates
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1 for the same bundled services . Here, we show a
2 comparison of the rates submitted by each of the
3 proposers for the most popular service --
4 services as shown in green on the previous slide.
5 In a comparison of the proposed rates
6 for the common once - a - week service in one of
7 these three bin sizes, you can see that the
8 Athens rate is clearly well-below those proposed
9 by the other haulers. For the popular 3 -bi n
10 service - - 3 - yard bin service collected at
11 various frequencies , Athens rates are , again ,
l2 very much lower than the competition.
13 In nearly all cases, Harrison and Waste
14 Management rates proposed are at least 50 percent
15 more. As a frame of reference , I'm now showing
16 the rates that the customers would be paying now
17 if they had an equal volume of trash plus
18 recycling service, but without any organics.
19 These rates are not directly comparable because
20 the new service is going to be different from the
2 1
22 existing one. It will include organics.
In addition, many customers will be
23 resizing all of their containers in order to
24 maintain their same total volume of service, b u t
25 wi ll reconfigure their waste into three streams.
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1 I just showed the rates also for the 3-yard
2 service. Although some customers may see an
3 increase in rates, these increases will be very
4 much lower than they would experience with the
5 proposals from Waste Management and Harrison.
6 To highlight some of the provisions of
7 the new agreement, as I mentioned, this is a 15 -
8 year contract compliant with the State's SB 1383
9 mandate and providing a three-container service
10 both to residents and businesses. The cost of
11 the RFP process will be reimbursed by the
12 successful proposer .
13 There will be a new household hazardous
C..OY\.d v C;;#-e.J
14 waste service , which will be collect e d door to S~oS 15 door collecting paints, oil , cleaning fluids,
16 etc., from homes up to four times a year. This
17 has been added to save residents the trip they'd
18 19
20 21
22 23
otherwise have to make to dispose of those items
at the City ' s hazardous household waste facility
N~b~
in Newhe:rrtt- Park.
Some other provisions include
increasing the number of free landfill days from
two to three. The bulky item pickup and large
24 item pickup will include -- will continue twice a
25 year , but we have added multi-family dwellings to
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1 this plan so that they can also receive free bulk
2 item pickup from their condominiums and
3 apartments. There wil l be a fleet of new
4 veh icles powered by renewable natural gas , and
5 all collection containers will be new .
6 Collection containers will now be in
7 standard colors : charcoal for the trash, blue for
8 recycling , and green for organics.
9 One important provision of the new
10 agreement is that any current workers who are
11 displaced by the transition wi ll be offered
12 employment by the ne w hauler at or above the
13 current wage .
14 Athens has developed a very attractive
15 and thorough transition plan , which includes 45
16 recycling coordinators, who wi ll meet with
17 businesses in the six months prior to service
18 starting , and will assist t h em with right-sizing
19 their service to minimize the cost . They'll also
20 train businesses on what goes in what bin and
21 will - - will be available to answer questions on
22 the new ma n date .
23 Athens also detailed a plan for
24 collecting existing cont ainers and replacing them
25 w~th new ones on the spot without the need to
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1 have excess bins and carts littering streets a n d
2 parking lots. Old ones will b e removed and
3 stored for collection by the current ha u lers.
4 Athens has located a walk-in customer
5 service in Thousand Oaks on Thousand Oaks
6 7
8 9
10 11
12 Boulevard, which will serve as their hub for
'1h€...~'VIL
local service . .tF-he:y: also offered $200,000 a year l~tx.Y:. l_3> for community support with funds which wi l l be
directed by City Council.
An added feature that parents and young
children alike will enjoy is an online dashboard
-t'ho.t- ( ~DO ·.27 ~fhioh will allow them to locate their trash tru ck - 13 in real time so that they never miss a pickup .
14 Athens is a leader i n technology and
15 has already integrated cameras, computers, and
16 GIS mapping into their trucks. This allows them
17 to be responsive to real - time requests from their
18 dispatcher to monitor l oads and performs --
19 perform compliance responsibilities, such as
20 tracking recycl i n g and organi cs contamination as 21 required by the State.
22 A City dashboard connected to this
23 technology will allow City staff to monitor
24 service, generate r eports as needed, and respond
25 to resident and business inquiries or -- and
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1 concerns .
2 3
Also, a Vehicle Telematics Dashboard
YV\V$tthat Athens mus~ share with the City allows the l-~{ '2. . " -, I 4 monitoring of each truck's speed , location of
5 progress throughout the day to optimize routes,
6 and to address any resident concerns or
7 questions .
8 Athens has chosen the facility shown
9 here for the disposal of the three streams of
10 solid waste collected. Currently , the Ci ty's
11 garbage is disposed of at Simi Valley Landfill,
12 recycling at Harrison ' s Gold Coast facility in
13 Ventura and at Waste Mijnagement's Azusa facility,
14 and green waste, which is processed by Agromin
15 and disposed of at various sites.
16 Commercial food waste is currently
17 being collected and mixed with green waste and
18 trucked to South Kern Compost facility in Taft
19 where it is composted.
20 Under the new agreement, there will be
21 flexibility in the facilities to be util ized.
22 Depending on rates made available for disposal at
23 Simi Valley landfill, garbage may be directed
~
2 4 there. In addition, ~ organics processing I ~ O'L 1 • '"L-~
25 capacity opens up in the county through the
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~,e .\S.
1 construction of new facility t s #\potential for the t ·-o?.:,37 2 Ci ty's green and food waste to be processed
3 locally. It i s important to note that there are
4 no permitted food waste processing fac i lities in
5 the County currently. So, all food waste already
6 leaves the county, and most of it is processed in
7 Kern County.
8 Future decisions on the facilit i es to
9 be utilized once there are facilities constru~ted
10 here, those decisions will be based on the
11 arrangements and the rates that can be negotiated
12 between Athens and the owners of those
13 facilities.
14 Shown here are the mileage comparisons
15 for distances to processing facilities from
16 Thousand Oaks City Ha l l and comparing those used
17 in the current agreement to the ones proposed by
18 Athens. Clearly, the trash bears little
19 difference.
20 For recycling, the distance to Athens'
21 Sun Valley facility is the average , actually, of
22 the distances that are
23 24
25 l+CL('" f"; ~ OV\ ~
currently traveled to
o.nc'l W6.&k ~~4-.M~S
Athens ' Gold Coast facility in OxnardAfacility in
l ::03 : 3k)
Azusa that had historically been utilized for
processing residential recyclables that Waste
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1 Management collects.
2 As mentioned, organics are processed --
3 processed by Agromin at the Simi Valley Landfill
4 and then trucked to an Agromin facility in ~he
5 County or to (inaudible) Compost facility in
6 7
Taft.
that.
The distance to Victorville is similar to
As mentioned, if and when a permitted
8 facility that can handle food waste becomes
9 available within the County, that will become an
10 option.
11 One important sustainability feature
12 for the new contract is that Athens will purchase
13 renewable natural gas known as RNG as the fuel
14 for their vehicles. This is the most sustainable
15 fuel available for heavy vehicles and comes from
16 cleaning up biogas produced from the
l7 decomposition of organic matter, mainly from
18 dairy and livestock waste, from waste water and
19 from organic waste in landfills.
20 21
This biogas is captured, cleaned, and
converted into RNG. The RNG is injected into
22 existing natural gas grid pipelines and dispensed
23 to fleets at CNG stations. It can be used
24 interchangeably with conventional natural gas, so
25 the fleets don't need to make any operational
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1 changes. If they can't use CNG, they can
2 purchase the fuel with RNG.
3 RNG is actually classified as a fuel
4 with net negative GHG emissions because it takes
5 methane out of the atmosphere and converts it to
6 a less potent GHG or carbon dioxide. So, this
7 will be the fue: that will be utilized by all of
8 the Athens' vehicles.
9 Athens Services is a family owned and
10 operated company running it operations out of
11 their office in the City of Industry. When Los
12 Angeles recently divided up the City into 11
13 distinct separately franchised zones, Athens was
14 awarded three zones, the largest part. Athens
15 serves residents in Hermosa Beach, Redondo Beach,
16 ,_ La Canada, Glendora , Monrovia,
1\/\~ino
San Harina,
17 Norwalk, South Pasadena, West Hollywood,
18 Whittier, and here in Ventura County, Santa
19 Paula.
20 21
Thank you. These are the staff
recommendations. I'm going to hand over to Cliff
22 Finley now, the Public Works director, for some
23 final comments.
24 25
CLIFF FINLEY: Thank you, Helen.
Good evening, Madam Mayor and Council
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AR000882
1 members. First , I I d like to thank all of the
2 proposers for the time and effort required in
3 responding to the solid waste RFP. I kn o w it was
4 a significant effort .
5 I wou l d also like to thank Dr . Cox and
6 her team for the effort they put to preparing and
7 evaluating these proposals and preparing for this
8 presentation tonight. they have been working on
9 this RFP for Solid Waste Services for the City of
10 Thousand Oaks for well over a year.
11 As Dr . Cox mentioned in her
12 presentation , Council made the decision to go out
13 for an RFP for R FP fo-r - Solid Waste Services in \ \ ~1 ~C)i 14 January 2020. The final RFP and proposed
15 contract were f inalized in the spring and the RFP
16 was issued in Jul y of last year.
17 The RFP was prepared wi th the he l p of
18 R3 Consulting and was o v er 200 pages long and it
19 included a copy of the franchise agreement that
20 is very close to the one before you tonight.
2 1 of the requirements of the RFP submittal were
22 c l early identified, as well as the actual
23 franchise agreement , which included all of the
24 requirements in SB 1383.
25 As Helen mentioned, the City held a
All
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1-~- proposal meet i ng o n July 30th to answer questions 1-:.Dl ~41 CoV\f-e.V"\. +-
2 regarding the RFP process in cont ext. . The \ ~ D7 \ 4. 7 3 requirements of the RFP, as well as the selection
4 process was c l early laid out. Four proposals
5 were received on or before October 15th, and the
6 review process began just as it was outlined
7 within the RFP.
8 Following review of the proposals,
-four
9 three of thet,_ proposers were invited for \ ~ o<g : t)S 10 interviews to get clarification on issues and
11 questions identified by the review panel.
12 Following the interview , the panel ranked the
13 final three proposers based on the criteria
1 4 listed in the RFP. Then they were -- compa r ed
15 the rates, and it turned out the top-rated
16 proposer, Athens, also had the lowest rates.
17 The City staff and the consultants
18 thoroughly checked references in the cities where
19 Athens provides services, visited their
20 facilities, and -- and met with Athens to confirm
21 the details of their proposal .
22 The process followed for the Solid
23 Waste Services RFP is consistent with the City ' s
24 25
normal RFP process. The process is identified in
the RFP. It is transparent and fair to a l l
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AR000884
1 proposers , and does not allow for the sharing of
2 information inc luded within the proposal until
3 after the recommendation for selection is ready
4 for Council.
5 Based on this process, which staff
6 fol l owed to a T, we stand behind our
7 recommendation this evening . Thank you for your
8 time this evening, and staff is available to
9 answer any questions.
MAYOR CLAUDIA BILL-DE LA PENA: Thank
you, Ms. Cox. Fi , I
10 11
12 1 3
And thank you Mr. ~~:;__1y-. App rec i at e V. 0 'l ~ \ Lf this very much. I will now go to my colleagues
14 for any questions, and I ' m sure there will be
15 16
plenty. You can raise your hand, or either
electronically or -- Mr. Mayor Pro Tern Bob
17 Engler, and then Councilmember Al Adam, and then
18 Councilmember McNamee .
19 Mayo r Pro Tern Engler?
20 21
MAYOR PRO TEM BOB ENGLER: Madam Mayor?
MAYOR CLAUD I A BILL-DE LA PENA: Yes, I
22 don't -- we don't hear - - we don ' t hear Bob
23 Engler.
24 25
MAYOR PRO TEM BOB ENGLER : Madam Mayor?
MAYOR CLAUDIA BILL- DE LA PENA:
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Yes. I
AR000885
1 can hear you. Am I not - - can nobody hear me?
2 Is my microphone not working?
3 COUNC I LMEMBER KEVIN MCNAMEE: I can
4 hear you too.
5 MAYOR CLAUDIA BILL-DE LA PENA : You
6 can?
7 COUNCILMEMBER AL ADAM: Looks like
8 everybody's got their hand up.
9 MAYOR CLAUDIA BILL-DE LA PENA: Yes.
10 mentioned that we were going to start with Mayor
11 Pro Tern Engler following by Councilmember Al
12 Adam, and then Mr. McNamee.
13 14 you there?
15 COUNCILMEMBER AL ADAM: Claudia, are
MAYOR CLAUDIA BILL- DE LA PENA: Ah.
16 17
Okay. That's why. I -- We j\J~ Y\-e-e c) ~ DREW POWERS: •If we cu a-1 9. j ust t ake a I
18 pause for a quick minute here, I'm checking in to
19 see what's going on.
20 21
COUNCILMEMBER AL ADAM: All right.
MAYOR CLAUDIA BILL-DE LA PENA: Okay.
22 I did turn my microphone on because you can hear
23 24
me here in the chamber.
DREW POWERS:
Yeah.
Mayor Pro Tern Engler, it
25 might be a good idea to take just a five-minute
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1 break here until we can sort it out, if you want
2 to call for that.
3 4
5 MAYOR PRO TEM BOB ENGLER: Yeah, that
founds very good, Mr. Powers .
a five-minute recess and do our
Why don't we take
get our
6 technical issues taken care of.
(Recess.)
MAYOR CLAUDIA BILL-DE LA PENA: I
7 8
9 believe we are back. Can everybody hear me now?
10 11
12 Excellent.
13 14
Excellent.
COUNCILMEMBER KEVIN MCNAMEE : We can.
MAYOR CLAUDIA BILL-DE LA PENA: Yes?
MAYOR PRO TEM BOB ENGLER: I hear you.
MAYOR CLAUDIA BILL-DE LA PENA:
15 Much, much better. Thank you for
16 your patience. We seem to have fixed the problem
17 temporarily. I as I was saying just a few
OLA..f
18 minutes ago, we were going to start out~ questions (: 15 ! 1~ 19 with Mayor Pro Tern Bob Engler followed by
20 Councilmember Al Adam, Mr . McNamee, and have not
21 hear from Mr. Jones. So, Mr. Engler, if you are
22 ready, we
23 MAYOR PRO TEM BOB ENGLER: I am.
24 MAYOR CLAUDIA BILL-DE LA PENA: are
25 ready for you. Go ahead.
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1 2 Thank you.
MAYOR PRO TEM BOB ENGLER: I am ready.
Thank you. Yeah, some -- some
3 questions for staff, and of course, I have some
4 question for the Applicant as well.
5 The first question I have for the
6 staff, and you somewhat covered it, the
7 there's been some suggestion that we haven't
8 followed or -- our norma l system of RFPs and gone
9 through our normal regimen. Can you please go
1 0 over that one more time for me, how we -- how we
11 applied our o wn standards to this operation?
12 DR. HELEN COX: Yea h . So, we published
13 a notice that the RFP is going to be released.
14 That ' s published in the local paper in the Ac.arr\ l: \'=, ·• 2-S 15 column , and then the RFP is published on the --
16 on our websi te that those applicants have access
17 18
to. ~here's a mandatory preproposal meeting , the
date of which is published in that RFP. And all
19 the proposers attended that meeting.
20 At that meeting, we'd go over the
21 cond itions and the terms that would -- of both
22 the agreement, the Solid Waste Agreement, but
23 24
also of the RFP process. So, we stepped through
how the RFP process would be conducted. We
25 reviewed the scoring and the evaluation criteria.
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C-o Vh rn ~ 4ece..
1 The - - the use of a review o f a r c vi s.w { •• \ --, : ~-7 2 to score and evaluate the proposals. t here were l '.l7 : o~ 3 three phrases of evaluation that we explained.
4 They were the pass/fail, there was the scoring,
5 and then there was an opportunity for the
6 finalists to present and be present for
7 interviews and questions.
8 We then select a finalist, the top --
9 our top-scoring proposer at that time, and that's
10 who the City will negotiate -- negotiates with .
11 And the negotiations at that point were really
12 very minor decisions about which - - which
13 services or very, very minor changes to the
14 actual contract language from that that was
15 published in the RFP.
16 17
So, those negotiations were actually
very short and straightforward. And we did not
18 disclose any of the proposals between the
19 different applicants, so nobody saw anybody
20 else's proposals or rates. That's the standard
21 City practice, is that all of that information is
22 kept confidential until the recommendation is
23 made to Council, and then at that point, that
24 information is ~eleased.
25 MAYOR PRO TEM BOB ENGLER:
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It seemed to
AR000889
1 be -- just from my perspective, it seemed to be
2 the standard operation that we have done in the
3 past on different things , the recommendation is
4 similar to other recommendations you've made in
5 -- in terms of even -- even street maintenance
6 and that sort of thing. Is that -- is that --
7 was that system followed the same way in those
8 types of contracts as it was in this contract?
9 DR. HELEN COX: Yes, I can let Mr.
10 F i nley speak to that.
11 12 you.
MR.
I will.
CLIFF FINLEY: Yes. Yes. Thank
ol 1' -ffere.n \-
I t I s a 1 it t 1 e bit di f f e r on c.e. . I : l ~ : S l, 13 This is for professional services, so it ' s truly
14 for a request for proposals. It ' s qualification15 based and -- and price, but you consider the 16 qualifications as well. A bid for a street
17 maintenance project might be a straight bid , and
18 we, at that point, always are required to take
19 the low bidder.
20 MAYOR PRO TEM BOB ENGLER : And -- and
21 what due diligence did -- did staff do as far as
22 checking references? Did you call references?
23 Did you look oni ine for any type of -- any type
24 of complaints with the Better Business Bureau and
25 that sort of thing? How did you verify that this
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1 is a reliable company?
2 DR. HELEN COX: We called references
3 within several cities where Athens currently bas of~
4 service and talked to the city staff who run
5 those programs about whether they have any issues
6 with managing the contract, or whether they had
7 customer service complaints.
8 9
10 We also did the same for Waste
Management and Harrison . So that's a standard
part. We check we check references. We also
11 did site visits to the sites where -- that we had
r\~
12 1l't9-. previously visited. We have visited most of l '-'2..o',\t; 13 Waste Management and Harrison sites within the
14 last 18 months or so, so we didn't revisit sites
15 that we've been to recently .
16 We did visit Waste Management's new
17 facility in Sun Valley that they were offering
18 for their recycling, and then we visited Athens'
19 facilities that we hadn't previously been to.
20 So, we did that.
21 22
23 24
We also asked for any litigation
h istory from the applicants. So, we
five-year history of any litigation,
asked Eor a
we_
and" do \\ 2-o ~ c; I
investigate. And I think that is identified
25 there.
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1 2
MAYOR PRO TEM BOB ENGLER: There is
intimation made it's been intimated that this
3 particular company tends to come in with a low
4 bid and then use further bids along the way that
5 6
would raise the rates unnecessarily.
look into that aspect of it as well?
Did you
Was there a
7 history wi th some of their other customers? And
8 do our current -- ~ave our current customer -- or
9 current vendors, have they raised rates along the
10 way with cause?
11 DR. HELEN COX: So, the assurance that
12 we have is that the contract does not allow that.
13 The contract clearly specifies that the rates are
14 going to be increased only with the CPI unless
15 there is a change in law, and there is allowance
16 made for that.
l7 Our current providers have, after two
18 extraordinary rate increases in the last five
19 years, that have increased rates substantially
20 beyond the -- the CPI. So, those -- and and
21 as far as other cities, we -- every city is
22 unique and the circumstances of when rate changes
23 take place, there are multiple circumstances
24 surrounding that , including , for example, whether
25 there's been major contract changes, major
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1 service changes , etc.
2 3
4 So , in all cases , the City Council
doesn't have to approve those.
into each one o: those, though I
We did not dig
I believe our
5 consultant could provide details if you had
6 specifi c questions about specific cities. But
7 under the current contract , we do have a
8 guarantee because that 's written in the contract.
9 MAYOR PRO TEM BOB ENGLER: And just
10 this is really , I guess 1 more -- more of a
11 question for the consultant, a n d perhaps you can
12 chime in as well, Dr. Cox, R3 was the consultant
13 on this and has been a consultant on other
14 cities' efforts to find a -- a solid waste
15 vendor .
1 6 Does R3 -- I -- I don't mean to cast
17 dispersions, b u t do they normally recommend
18 Athens , or is there -- is it -- how did they come
19 20
about recommendi n g Athens to us?
is it something they norma l ly do?
How - - is it --
Do they have a
21 working relationship or some other relationship
22 with Athens that would prejudice their thoughts
23 toward them?
24 RICHARD TAGORE-ERWIN:
25 ahead and answer that if I can.
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Helen, I'll go
AR000893
1 This is Richard Tagore-Erwin. I I m a
2 principal at R3 Consulting.
3 4
5 MAYOR PRO TEM BOB ENGLER: Thank you.
RICHARD TAGORE-ERWIN: I've been doing
this type of work for over 30 years. Myself and
6 our company has never worked for any private
7 solid waste service provider, landfill, or
8 collections company. We just don't do that. We
9 only work for public agencies.
10 11
And I went back through kind of our
list from the last 20 years. I've worked on
12 about 120 different public
13 procurements/negotiation projects in California
14 15
over the last 20 years. Out of that 120, four
involved Athens. This is four. Only four. this
16 is the first contract that I 1 ve worked on in the
17 last 20 years that Athens has actually won.
18 19
Of the same, out of that 120, 28 have
been with Waste Management. So, I - - I think I
20 can very, very objectively say we have no bias
21 22
whatsoever. And within the industry, we're
generally known as having no biases. We will
23 treat every proponent very fairly and very evenly
24 throughout the process .
25 MAYOR PRO TEM BOB ENGLER:
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Well, thank
AR000894
1 you. I recognize that's sort of a rude -- rude
2 question to ask, but I wanted to make sure t hat
3 that got out in the open.
4 That ' s -- that ' s a l l, Madam Mayor.
5 Thank you very much.
6 7
8 9
10 you.
mute.
MAYOR CLAUDIA BILL-DE LA PENA: Thank
We will now go to Councilmember Adam.
COUNCILMEMBER AL ADAM : Let me get off
Thank you , Mayor .
So , just so everybody understands and
11 the public, this is our first request for a
12 proposal for a waste f ranchise agreement really
13 in the history of the City ; is it not, Dr. Cox?
1k ~t 's c...:NY'e.. t.f- 14 DR . HELEN COX: !f'hank yon, yes . l ·, ZJ.; : l '7 15 COUNCILMEMBER AL ADAM : Yeah. So ,
16 we've been with -- with the Harrison and Waste
17 Management for a couple of decades now , if not
18 more. And there was kind - - as you mentioned in
19 your staff report , there was kind of a catalyst
20 for that. I think both haulers had 18 months
21 through a memorandum of understandi ng to come up
22 with a rate structure that satisfied staff and
23 the Council.
24 And if I remember the meeting where we
25 were finally presented with that, it was higher
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1 in both commercial and residential, and that was
2 kind of the catalyst at the time for the Council
3 4
to say, well, you know what? Let's go out and
test the open market . Is that the -- the way you
5 recall it, Dr. Cox?
6 DR. HELEN COX: Yes. That is the case.
7 It was felt that the City had never done that.
8 There were a lot of changes on the horizon.
9 There had been changes with the recycl i ng costs.
10 There were changes with the new State mandates.
11 We didn't really know what those were going to
12 cost , and so it was really an opportunity to --
~3 to test the waters.
14 COUNCILMEMBER AL ADAM: Mm - hmm. Yeah,
15 good wording of "opportunity", and it may well
16 have turned out to be an opportunity. So, it's
17 -- this is the biggest contract other than maybe
18 police and fire that the City will enter into; is
19 it not?
20 DR. HELEN COX: I believe that's true,
21 yes.
22 COUNCILMEMBER AL ADAM: yes . So, you
23 know, being prudent, and I think it was a prudent
24 ching to do, naturally we hired a consultant to
25 help us with this contract, R3.
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And would you
AR000896
1 say that they brought value to the table i n all
2 the negotiations and the different criteria that
3 they worked out for us?
4 5
DR. HELEN COX: Very much so. They
brought in their expertise . I mean, having just
6 heard from Richard about the number of years of
7 expertise here, they've also worked extensively
8 in northern California where things have tended
9 to be a little bit ahead in the solid waste
10 industry.
11 So -- and also the -- the enormous
12 amount of detail that goes into putting one of
13 these RFP documents together, the amount of data
1 4 that has to be collected, the amount of detail on
15 vehicles, containers, finances, many, many things
16 that the staff at the City doesn't have expertise
17 in that particular realm. So, they certainly
18 brought a lot of value.
19 20 oh, I
COUNCILMEMBER AL ADAM: Mm-hmm. Yeah,
I completely agree well-warranted to
21 bring in a consultant with the kind of expertise
22 that R3 has. And the -- the happy ending to our
23 relationship with R3, and I want people to
24 understand this, is that Athens has proposed to
25 reimburse us completely for the cost that R3
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1 charged the City ; is that not correct?
2 DR. HELEN COX: That is correct. That
J was a condition, actually, of the -- the
4 agreement, so, yes.
5 6
COUNCILMEMBER AL ADAM: Good. Good.
And just as an aside, I I see in one of the
7 community benefits, they ' ve also proposed to give
8 us $200,000 in a grant that I believe we could
9 spend at our discretion, can we not?
10 11
DR. HELEN COX: That's correct .
was not a required part of the agreement.
That
That
12 was something that Athens offered -- offered to
13 the City
14 15
COUNCILMEMBER AL ADAM: Okay.
DR. HELEN COX : -- because they would
16 like to support the community.
17 18
19 20
21 COUNCILMEMBER AL ADAM: Yeah, kind of
s weeten the pot. And I think people should
understand as well that there was a far greater
..J \A 00\ \ ·~"\O\
criteria in ju~~ these haulers than just rates. I~ U : ~-3 And I notice in the staff report that t here are
22 things like experience, reputation, financial
23 qualifi cations, the technical approach , etc. And
24 - - and as you say, Athens came out number one in
25 all those categories, huh?
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1 DR. HELEN COX: They came out in five
2 out of six of the categories, yes.
3 4 Okay.
COUNCILMEMBER AL ADAM: Five of six.
And then, of course, they -- and so the
5 the lower price was certainly considered, but not
6 necessary the end-all and be-all in making this
7 recommendation, correct?
8 DR. HELEN COX : No. The recommendation
9 was made easier by the fact that they were top in
10 so many of the other categories. And in the
11 overall qualitative criteria, as well as the
12 rates. So, that certainly made the Review
13 Committee's job easier .
14 15
COUNCILMEMBER AL ADAM: Okay. And just
one final question . So, this is a 15 - year term.
16 Tell me, why is -- why would a 15-year term be
17 advantageous to the ratepayer versus, say, a 5-
18 year term or a 10-year term?
19 DR. HELEN COX: There are lots of fixed
20 costs that go into an operation like this,
21 including the purchase of vehicles and
22 containers, etc. I believe that the capital
23 investment that Athens is looking at is over $25
24 million. So, clearly, to spread those costs out
25 over the sort of the vehicle lifetime, container
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1 2
3 4
lifetime, etc., reduces the costs to the customer
-f--01 -fo
over if you were toAspread those out over a much l~3o ~zp shorter time.
COUNCILMEMBER AL ADAM: I see. So , to
5 depreciate the cost over 15 years is going to
6 save rate- payers money bottom line, right?
7 DR. HELEN COX: Right. I believe
been o . .+
8 Athens told us that it would'veJ.4 to $6 'ri\. least 1·.'3C):4~ 9 more per customer per month in the rates if they
10 had had to make a contract of less than 10 years .
11 12
COUNCILMEMBER AL ADAM : Ah . Okay.
DR. HELEN COX: So , a significant
13 difference.
14 15
16 17
Very good.
COUNCILMEMBER AL ADAM: All right.
Thank you, Dr. Cox.
DR. HELEN COX: Certainly.
MAYOR CLAUDIA BILL-DE LA PENA: And we
18 will now go to Councilmember McNamee.
19 20
COUNCILMEMBER KEVIN MCNAMEE: Thank
you, Madam Mayo~ . A few observations, and I'd
21 like to say thank you for being here this evening
22 to answer any questions.
23 What I like about this agreement is
24 that it ' s a tremendous savings to the Thousand
25 Oaks residents where you're looking at $5 million
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AR000900
1 annually, $70 million over the 15 - year period.
2 That keeps more money into our local economy as
3 4
5 6
compared to it leaving elsewh ere . So that
stimulates our local economy with the lowest
rates, and that is t h e purpose of sending i t out
R"-Jl~
for b id . ,fl in a-: the 1 owes t rate at the great e s t l ·. ~ I : :'!> S 7 service , and that ' s what J be l ieve we've done
8 here.
9 I'm very delighted that you 1 re going to
10 make an offer to keep on the current drivers for
11 the other waste haulers to bring them into your
12 umbrella and thus maintain their jobs. Is there
13 a signing bonus that I believe mentioned in
14 discussions previously?
15 DR. HELEN COX: I -- I wi l l let the
16 Athens folk maybe talk about that when they get
17 their chance to speak , but - -
18 19
20 COUNCILMEMBER KEVIN MCNAMEE: Okay.
DR . H3LEN COX: -- my understanding is
that there is a $10 , 000 bonus . I don't know i f
21 it ' s at signing or -- or after a certain period
22 of time .
23 24 you .
COUNCILMEMBER KEVIN MCNAMEE: Thank
The other question I think would be for the
25 waste hauler to answer directly if - - if you
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AR000901
1 don't know. It is that some other cities have
2 done research in this area pending this decision
3 4
here. Is that when organics and food wastes are
separated out? Some cities have experienced
5 difficulty with keeping rats out of the food
6 waste there stored until they're picked up.
7 At some point, if -- during your
8 presentation if you can comment about how we can
9 secure the food and the organic so that way
10 animals don't get into it -- raccoons, opossum,
11 rats, mice, so forth -- so that way we keep our
12 cities safe in that regard.
13 And the last is that if you would
14 please comment how is it that you're able to
15 provide the same service, but at a substantially
16 reduced price compared to the other two waste
17 haulers that we have had for a number of years?
18 I would love to hear your formula, your magic, on
19 20
how you're able to make that happen. Thank you.
MAYOR CLAUDIA BILL-DE LA PENA: Thank
21 you.
22 DR. HELEN COX: I may be only able to
23 answer the -- one of the questions about the
24 25
t.he vermin. We have food waste collection
currently at many businesses in the City.
Yeritext Legal Solutions
866 299-5127
And
AR000902
1 real l y, the - - there's no change in what's going
2 into the waste stream. So, all that's happening
3 is the food waste that formally went into a
4 garbage bin is now being put in a different bin.
5 The -- the key there is that the -- the
6 bin itself should be watertight, should be
7 airtight, should be leak proof and so that there
8 shoul dn't be access for the rodents. I think
9 that will be facilitated, particularly either by
lO carts or using new bins. That will certai nly
11 help.
12 But as I said, some of -- some of that
L> rbC>-+'\
13 is a little bit of a - -"- of a ... myth, perhaps, \~'34'.o~ 14 because really that same food waste is currently
15 just in a trash container instead of in a
16 separate organicsr container. That's been our
17 observation anyway.
18 But anyway, I will certainly defer to
19 Athens if they want to elaborate or have them
20 answer your other questi ons about rates.
21 22 you.
23 COUNCILMEMBER KEVIN MCNAMEE:
MAYOR CLAUDIA BILL-DE LA PENA :
24 Jones, do you have any questions?
Than~
And Mr.
25 COUNCILMEMBER ED JONES : Yes, I - - I
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1 have some questions , but I'd like to wait to hear
2 from the various applicants before I ask them , if
3 that ' s acceptable.
4 MAYOR CLAUDIA BILL - DE LA PENA:
5 6
Excellent. Okay. I have a couple of questions
before we go to our 34 public speakers. And - -
7 yes.
8 So , the question I have , obviously , we..-ho..v--e_ 9 we ' ve had - - -we ' ;v:e received , we the Counc i 1 and l ~3 ~ I, '{3 10 staff, a - - a flood of emails and letters. And I
11 wanted to just ask a few questions to reiterate
1 2
13 or to confirm. There was an allegation about the
Athens with -- in regards to litigation , and I
14 heard Dr. Cox mention that litigation background
15 and history was actually looked into. But
16 perhaps we can get clarification as to some of
17 the cities that are being pointed out in -- in a
18 couple of letters that we received from Waste
19 Management as to are we comparing apples to
20 oranges.
21 DR . HELEN COX: I ' m sorry. In terms of
22 the litigation , or - -
23 24
25 MAYOR CLAUDIA BILL-DE LA PENA:
r-, · DR. HELEN COX: - - or the - - so,
'\ T l tt - "(,eN'"
al so" find tse litigation hist,ory. Athens
Yes.
we did
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AR000904
1 reported one case with the City of Montebello,
2 and Tracy can provide details on that if you 1 re
3 interested. Waste Management listed three cases
4 of litigation in the past five years and E.J.
5 Harrison listed none.
6 7
8 9
10 TRACY NOONAN:
\ W'\S i. ~~tprovide some -inside as to the Montebello Yes , Madam Mayor. I can
litigation. Based on just -- we did some cursory
review based on an email that was received today
Mo V\ kbe.J l \::,
regarding the (inaudibl e) lawsuit. My
11 understanding is that Athens has had a contract
12 to provide trash services since 1984.
13 In 2008 , the City awarded a new
14 contract to Athens rather than going out to an
15 RFP, and there was opposition over doing this .
16 And that ' s -- my understanding is that , although
17 the contract was awarded to Athens, that the
18 mayor refused to execute the contract and that it
19 resulted in a voter initiative requiring an RFP
20 for solid waste services.
21 So , it's my understanding that this
+o
22 lawsuit pertains/\the method of the contract and L3'-'. f,.3 23 was not about rates or services. But I 1 m sure
24 that when representatives from Athens speak, they
25 can probably clarify and fill in the holes .
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l
2 3
MAYOR CLAUDIA BI LL-DE LA PENA: Thank
you. Yes. I do have several questions because,
obviously, we we do want to make sure that
4 we're being fair to everyone in regard to the
5 comments we received from the public and from
6 Waste Management.
7 8 here.
In regard to the trucks, let me see
I'm trying to ~call this up. There was (•:~l'. 2.,7
9 an email sent to us, and the email mentioned --
lO and it's also in the supplemental packet that
11 Athens will use 34 autocar ACX 64 trash trucks in
12 their mix of 46 vehicles. And the manufacturer
13 offers a choice of diesel and/or CNG LNG engines,
14 and it rules out electric trash trucks.
15 I know Ms. Cox mentioned that, but the
16 question is, what is meant by renewable natural
17 18
gas. And I think Ms. Cox did address that. And
where do they get renewable natural gas? Will
19 Athens use CNG and not use a renewable fuel as
20 stated in the report? Ms. Cox?
21 DR. HELEN COX: So, they can fuel at --
22 at their - - they have a CNG station that they'll
23 use to fuel, and they pay for that gas to be
24 renewable n a tural gas, which I explained actually
25 has a net -- negative GHG emissions rating, and
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AR000906
1 that ' s a California rating. It's one of the
2 lowest carbon f u els that are -- that exist .
3 4
So, t h ey -- I'm not sure who their
s upplier is. I'm sure they can answer that.
5 There's a couple of suppliers, (inaudible) and
6 a n other company that they can purchase the RNG
7 from, and that's what they ' re doing now. That ' s
8 what they will do for the vehicles that are used
9 to - - for the Thousand Oaks fleet .
10 As far as electric vehicles, these are
11 really just sort of coming into the picture of
12 the trash trucks. They're very heavy vehicles.
13 They do a lot of miles around the City , and to
14 find electric vehicles , it's in the very
15 16
17 18
preliminary stage. I believe that it would
probably not be economically feasible.
~"r~a'l~}:fj :l+r':fYr~~lf at½+<f~n:tuld increase rates by \ ·.311 ~ 5D a lot where it's really what they're using
19 instead, which are very, very quiet, clean20 burning natural gas. Vehicles with renewable 21 natural gas are really equally if not superior
22 for this purpose.
23 MAYOR CLAUDIA BILL-DE LA PENA : Okay.
24 And then there was also a question about tipping
25 fees for the Simi Valley landfill , and those fees
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AR000907
1 would be leaving Ventura County because the
2 landfill will now be taken to L.A. County. Ms.
3 Cox.
4 DR. HELEN COX: The fees? The landfill
5 fees?
6 MAYOR CLAUDIA BILL-DE LA PENA: Yes.
7 Maybe Mr. -- Mr. Finley can address that.
8 CLIFF FINLEY : So, Mayor Bill - De La
9 Pena, actually, the -- the -- the -- that was not
10 part of this RFP. We did not designate, at least
11 when we submitted this RFP, we went out to the
12 market to find out where was the -- p rovided the
13 best benefits and rates for our citizens.
14 We -- we did not consider tipping fee
15 agreements with the County or anybody else for
16 17
that matter. We let the market tell us what
would be best for our residents. So that's
18 something we'll -- we -- we' ll have to discuss
19 later and maybe talk to Athens and -- and
20 possibly Waste Management about in the future.
21 22
23 MAYOR CLAUDIA BILL-DE LA PENA: Okay.
Very good. And the other questions I think are
more for the Applicant. So -- and with that , I
24 will now go to our public speakers, and the first
25 one, of course, will be Athens, the - - not the
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1 applicant, but the candidate.
2 3
Gary Clifford of Athens followed by
Cesar Torres, and then Elizabeth Ramirez. Good
4 evening.
5 GARY CLIFFORD: Good evening, Mayor
6 Bill-De La Pena, Mayor Pro Tern Engler, and
7 8
Councilmembers Adam , Jones , and McNamee.
is Gary Clifford. I'm the executive vice
My name
9 president of Athens Services, and our team is
10 here tonight to ask for your support for the
11 s c aff ' s recommendation approving an exclusive
12 waste franchise agreement with Athens Services.
13 Your decision to check the marketplace
14 and proceed with an RFP was the right choice at
15 the right time , and you've been rewarded with an
16 opportunity to affect change in Thousand Oaks.
17 Athens will affect the change you have asked for
18 with a reverence of the past , protecting what has
19 worked well, and building upon that to create a
20 bright future for your community as it relates to
21 waste and recycling.
22 23
By choosing Athens, you'll create a new
competitive local market . We intend to negotiate
24 with all of the current resources for a
25 competitive price . Note that they will not
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1 negotiate with us until you make a decision for
2 change because they don't have to.
3 Currently, we service Santa Paula, and
4 they have the same competitive rates we have
"'Ro o...J
5 offered Thousand Oaks. We used Toland"-Landfi ll I: l\ '2_', '2..-z.._ 6 and Del Norte Recycling, both located in your
7 county and both much more competitive than your
8 current supply chain . That's how we can provide
9 lower rates.
10 Athens commits to work with your local
11 infrastructure if they ' re interested in being a
12 13
part of our family. That includes processing,
recovery, and landfill. We feel our competitive
14 spirit will stimulate the local supply cha i n and
15 bring a fresh look with innovation in an arena
16 that's ready for change.
17 Athens commits to you that we have
18 submitted our best proposal , one that we stand
19 20
21 22
by, guarantee , and one that will provide great
yoU,("" ' '1 ,~uz•, 5a relief for ~ r residents and business whi e . , , 1 providing brand new equipment and new recycling
programs. Your staff and consultants' diligent
23 background and reference checks should prove to
24 you that ~thens is the right choice for your
25 community.
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AR000910
1 Our pricing reflects the fact that you
2 allowed a long- term approach to the RFP process,
3 including 15 years to amortize our costs. It
4 also reflects our internal process improvements
5 provided by our infrastructure systems and best6 in-class employees. 7 In addition to submitti ng a competitive
8 price, the Athens proposal is ranked number 1 by
9 our evaluation team, including qualifications,
10 experience, and reputation, technical approach,
11 sustainability, diversion and outreach, and most
12 13
important customer service.
alone as the best in class.
Our proposal stands
This is just a small
14 sample of what we can do for you as we transition
15 from what was to what will be.
16 Our proposal is accurate, complete, and
17 responsive, and we agree to all terms and
18 conditions. As a representative of the Arakelian
19 family and the family of employees that make up
20 this incredible company, I want to thank you for
21 this opportunity and promise you that we will
22 deliver on the commitment that we made in our
23 24
proposal. Thank you .
MAYOR CLAUDIA BILL- DE LA PENA:
25 you, Mr. Clifford.
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Thank
AR000911
1 And next we have Cesar Torres, followed
2 by Elizabeth Ramirez.
3 CESAR TORRES : Yes, good e vening, Mayo r
4 Bill- De La Pena, Mayor Pro Tern Engler , and
5 6
Councilmembers Adam, Jones, and McNamee.
is Cesar Torres . I'm the executive vice
My name
7 president for Athens Services r and I'm here
8 tonight to ask for your support for the staff
9 recommendation to approve the exclusive Solid
10 Waste Agreement with Athens Service.
11 Your staff worked hard and diligently
12 evaluating our proposal. As you know, many
13 months were spent bidding out all points of the
14 15
16 17
18 19
20 21
22 RFP . At the end , Athens, time and again , scored
the highest in the evaluation. We are commi t ,ted
if selected to make this a smooth transition
e._xc.-e.171-~ ~ \
backed by many years of eJcceptio:Q service~ that I s l~Lfl./ ~L;G:, earned us the best - in- class reputation.
As part of our transitional plan,
Athens vows to protect all of the local jobs and
will interview and hire employees that are
currently servicing your community. These
23 employees are an important part of our -- of your
24 past, and we would be proud to have them continue
25 servicing your customers.
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Page so
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1 In fact, our proposal includes hiring
2 at their current or higher wa g es and awarding
J each driver a $ 1 0 , 000 bonus as an incentive to
4 join the Athens family. As you know, we followed
5 this RFP process from the beginning, during your
6 deliberations, and we took copiou s notes.
7 We submitted a proposal that met all
8 requirements , and we stand firmly by our
9 submissi on . You can see how serious we are about
10 p u blic out reach by the fact that we ope ned a
11 local office at the, as we call it, a
1 2 sustain ability center.
13 This center will facilitate the
14 transition, house our customer service
15 dep artment , and Thousand Oaks residents will be
16 able to learn more about recycling, pay their
17 bills, or ask general questions. We will empl oy
18 local citizens in the office as we move forward
19 increasing our footprint i n the local area .
20 Along with fla wless transition -- with
21 a flawl ess transition process, t he City of
22 Thousand Oaks will benefit from the following :
23 brand n ew , near-zero e mission trucks that operate 24 on renewable natural gas in equipment that meets
25 the new State mandates, street sweeping operated
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AR000913
1 by Athens Services allowing us to coordinate
2 better timing between curbside waste pickup and
3 cleaning the streets, live dashboards to the
4 waste-hauling trucks real-time, 45 recycle
5 coordinators that will visit businesses in person
6 and help maximize the recycling opportunities and
7 ~ minimize costs , the local sustainability and \·.46', ~'2- 8 customer service center in the area employed with
9 Thousand Oaks residents that know the community.
10 We will keep all of our purchases and
11 employment opportunities local. As you can
12 clearly see, we are here to help assist the City
13 of Thousand Oaks remain one of California's most
14 desirable places to live, work, visit, and raise
15 a family, all while providing the central
16 infrastructure that meets the goals of the City.
17 I would like to thank you for this
18 opportunity to address the Council, and I look
19 forward to hopefully servicing your community for
20 21
many years to come. Thank you .
MAYOR CLAUDIA BILL-DE LA PENA:
22 you.
Thank
23 Our next speaker is Elizabeth Ramirez,
24 followed by Jessica Aldridge.
25 ELIZABETH RAMIREZ: Good evening,
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AR000914
1 Honorable Mayor and City Councilmembers. My name
2 is Liz Ramirez, and I'm the Director of
3 Government Affairs for Athens Services. I 1 m here
4 tonight to express my excitement and enthusiasm
5 for the process you've embarked on in developing
6 a new waste and recycling program for your
7 wonderful City of Thousand Oaks.
8 I have to say, first off, that
9 communication is key for a program of this
10 magnitude to be successful both in the transition
11 and throughout the life of the contract. One
12 thing that sets Athens apart from other vendors
13 is how we engage with and communicate to our
14 customers.
15 With our team of over 45 recycling
16 coordinators, all of your customers will be
17 visited and have a point of contact, somebody in
18 the field who can help your businesses with any
19 waste - related questions or recycling support as
20 needed. Our boots-on-the-ground approach has
21 been invaluable to us and has been successful for
22 many of the other communities we service in
23 southern California.
24 We also developed a robust virtual
25 training toolbox, and a wide range of collateral
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AR000915
1 tools to support our recycling training. We
2 recognize at Athens that training isn't a one -
3 size-fits-all approach , but rather, a process
4 which we continuously evolve with to work with
5 our customers until they are on a path to
6 success.
7 We opened our sustainability center in
8 Thousand Oaks this past year, a facility that
9 will serve as the hub for outreach and education
10 in the City during the transition , as well as
11 remain an office for the community to visit once
12 the transition is complete. This facility is the
13 first of its kind , and for the first time ,
14 Thousand Oaks residents will be able to conduct
15 business in person while gaining valuable
16 recycling and reuse information and education.
Q\So
17 I do have to say that Athensl\has a (~'-{q_~Ot:>
18 great government affairs team , one that will be
19 at your disposal. We work around the clock to
20 ensure our city partners have the support needed.
21 We provide guidance and support to staff and
22 Council with matters relating to (inaudible )
23 recycle, waste and recycling legislation, and any
24 other support the City may need as it relates to
25 our programming .
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e,;(C{. +e J
1 2
I'm exciting that you are considering !'«lf'( "2 ... :2._ Athens to be your new partner. Our team has
3 worked very hard over the last several months
4 with staff to work through the details of the
5 program ultimately developing the program in
6 front of you tonight.
7 At Athens, when we begin servicing a
8 city, we become part of the community we service.
9 Our partnership with Thousand Oaks extends beyond
10 the waste and recycling services we provide. We
11 will become part of the fabric of your community.
12 As a leader in environmental sustainability, we
13 are committed to providing the support needed to
14 be a strong partner for the City of Thousand
15 Oaks. Thank you very much for your
16 consideration .
17 MAYOR CLAUDIA BILL-DE LA PENA: Thank
18 you.
19 And the next speaker for Athens is
20 Jessica Aldridge followed by Matt Trouts.
21 22
JESSICA ALDRIDGE: Thank you very much.
Good evening. Good evening , and thank you to the
23 Honorable Mayor and members of Thousand Oaks City
24 Council. I ' m Jessica Aldridge, Director of
25 Sustainability and Zero Waste Programs for Athens
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1 2
Services. I've been with Athens for almost ten
years , and my title is is one that you don't
3 really hear very often in the waste industry.
4 My position is a testament to Athens'
5 longstanding commitment to the environment and
6 the communities that we serve . I he l p to design
7 the materials and the strategies for our outreach
8 and education in our Zero Waste Programs ,
9 including what was provided to you in the
10 Thousand Oaks proposal.
11 Our programs are designed f or success
12 based in experience and rooted in collaborative
13 partnerships with the City , wi t h Public Works ,
14 and also the community. That ' s very important.
15 Thousand Oaks is not a cookie-cutter franchise
16 agreement that's deserving of stale outreach
17 programs. Thousand Oaks d e serves out - of- the - box 18 strategies and the support necessary to be
19 southern California ' s Zero Waste leading city.
20 We recognize our role and
21 22
responsibility. We do not wait until it's
required of us like other competitors. We create
23 outstanding , cutting - edge programs for our city
24 partners, and some of those include our Mul t i25 Family Recycling Ambassador Program.
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We have a
'page 56
AR000918
1 food scrap recycling program for apartments. We
2 have a K through 12 Zero Waste School Manual, the
3 creation of a web-based interactive what-goes4 where recycling guide with recyclists. 5 And we also have - - and I ' m very
6 excited about, we have a proven four- part,
7 integrated food donation program that is meant to
8 e l evate and grow community resources, and -- and
9 that's just -- that ' s just a few things.
10 We recognize the important role in
11 educating our youth , which is why we want to
12 support the building of community gardens at
13 schools and help teach kids to be stewards of the
14 Earth . We also want holistic solutions that
15 don't just solel y focus on recycling and
16 composting. We honor the importance of upstream
17 solutions to reduce waste and reuse as much as
18 possibl e.
19 And this message is embedded into our
20 outreach , our materials, our training, our online
21 guides, and even the idea of supporting fix-it
22 repair clinics ~n the City. So, as the director
23 of Sustainability and Zero Waste Programs, I, and
24 the whole team at Athens Services, we have the
25 experience, and we have the intimate knowledge of
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1 what is required for a city like Thousand Oaks.
2 And I want to thank you for this opportunity.
3 Thank you so much.
4 MAYOR CLAUDIA BILL-DE LA PENA: Thank
5 you.
6 And the last representative from Athens
7 is Matt Trouts.
8 9
10 MATT TROUTS: Thank you, Madam Mayo r
and City Council. My name is Matthew Trouts.
am a 30 - year resident of the Conejo Valley. I
11 currently live here in Thousand Oaks with my
12 beautiful wife Rachel, my sons Lucky and Jake,
13 and our -- and our dogs.
I
14 I've been in the industry for about 25
15 years doing trash and recycling, and I found a
16 home at Athens a long time ago. And the reason I
17 did is because we're a very like -minded group of
18 folks. We are environmentalists. We love what
19 we do, and we love where we do it.
20 Living in this community, I have always
21 thought, man, we are just so lucky to live here.
22 It's incredible. It's beautiful. It 's -- it's
23 everything that you would desire in a city if you
24 we re to start from scratch , as far as I'm
25 concerned. I feel blessed to live here.
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1 2
I also feel really fortunate to work
with a company like Athens Services . You know ,
3 the word " fami ly" and " family businesses" get
4 tossed around quite a bit, but in our halls, it
5 truly is a family feeling. We are a giant group
6 of like - minded environmentalists that want to
7 8
9 10
11 work with our communities. We want to recycle.
I -- I have the pleasure of working at
the sustainability center in my hometown. Wet re
at 2251 Thousand Oaks Boulevard. I ' m right
across from the lakes. It's the b est location.
12 And since we've opened, we ' ve had so much
13 interaction from our community. People come in
14 with their masks , socially distancing with
15 questions about recycling and -- and composting
16 and upstream diversion , meaning talking about
17 packaging before we need to recycle it.
18 And you know , it's - - it's - - it's a
19 pleasure to do that inside of our community , so,
l C\57
20 you know , we ' ve been in business sin ce -:1"'857 . (~t;L{l1 /( 21 That's a long time. We started with one truck.
22 And the amount of recycling we've done for
23 Southern California is outrageous and we're very
24 25
proud of that. It ' s what we do at Athens.
You know , to talk to the drivers out
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1 there, I -- I was a driver once . I drove for
2 about a decade, and I can tell the drivers at any
3 other company that if we are awarded this
4 5
6 7
8 9
contract, guys, just get ready , man. We ' re going
to spoil you . We do currently our drivers. We
it ' s safety, and environment , se r v i ce, and
people. That I s wha t we do at At hP.n R •. g~1ys .
Please come and visit me at the
sustainability center. I want t o thank the Madam
10 Mayor , and our City Council , and my neighbors,
11 and my friends, and everyone that got behind us
12 13
14 on this. So , thank you.
And here ' s a little shout out to my
neighbors and friends. If by chan ce we are
15 a warded this contract , we're not going to let you
16 1 7
18 guys down.
resident.
You have my word . I'm a 30-year
I take this stuff as serious as you
can . We got your back, Thousand Oaks. I f you
19 give us the chance, you will not be sorry.
20 Please come see us at the
21 sustainability center, 2251 Thousand Oaks
22 Boulevard. Thank you , and just thank you guys.
23 We're really grat e ful.
24 25 you.
MAYOR CLAUDIA BILL - DE LA PENA:
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Thank
AR000922
1 And we now go to several
2 representatives of Harrison and Waste Management.
3 First one will be Mike Harrison followed by Len
4 5
6 Harrison, and then Jim Harrison. Good evening.
MIKE HARRISON: Good evening, Mayor and
Councilmembers. This is Mike Harrison. I'm the
7 engineering manager with E.J. Harrison and Sons.
8 It sounds too good to be true, as we've all heard
9 10
11 in quotes already. But when this process began
I'm sorry. Can you see me now?
MAYOR CLAUDIA BILL-DE LA PENA: Now we
12 can.
13 MIKE HARRISON: Okay. When this
W<M\.,f€J
14 process began and Council stated they wan.t. to go l~56 ~L{5 15 out to bid because they've never done it be:ore,
w~ 't16 made sense. But they stated that they were going l: Slo~S~ 17 to go for the lowest price, and they were going
18 to go for the best value, and it really appears
19 that the staff has done the exact opposite .
20 The goals and policies of the TO
21 General Plan are set up so the City can maintain
22 a reputation as leader in protecting the
23 environment. And if you can see through the
24 smoke and mirrors, you might see differently.
25 Given these objectives, we were shocked to see
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1 the selected proposal was from -- for out - of -
2 county services.
3 4
And just for some context, in 2013, a
rate study was prepared for the City . It was
5 found that City rates were in the middle range of
6 nearby cities, and the existing rates were
7 unreasonable compared to other cities. The
B standard residential rate at that time was 29.05.
9 Now, a l most ten years later, the
10 proposed rate will be 16 percent lower than it
11 was ten years ago with more services. It's
12 interesting that nobody has presented a case or
13 an e v aluation of how that is so.
14 Facility planni ng is also critical in
15 the critical component in obtaining the goals of
16 this procurement process. According to staff and
17 local media quotes, it does not appear the
18 selected proposal has a local facility plan .
19 We ' ve heard it already that they ' re hoping to
20 find a partnership.
21 Their -- the staff report shows that
22 the proposed truck yard is in Santa Paula at an
23 address that is not even a l lowed for such a use.
24 Now we hear that it ' s Sun Valley, or it might be
25 somewhere else. We really don't know .
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So, how
AR000924
1 are the BMTs really evaluated when they don't
2 know where their truck area is going to be?
3 And an interesting note too that
4 they're going to pay drivers to come to them for
5 $10,000. But they failed to talk about the fact
6 that these drivers are going to be living in
7 places like Oxnard, so they're going to have to
8 drive to Sun Valley to pick up a truck. Then
9 they're going to have to drive home from Sua
10 11
12 Valley when their day is done. Doesn't sound
like a a great deal for them.
But regardless of the location, their
l3 operations are going to be driving tens of
14 millions of more miles for the life of this
15 contract. It only takes about 40 extra miles a
16 day, and these trucks are going to be commuting
17 back and forth multiple times in a highly intense
18 traffic condition that's going to add multiple
19 hours to their day.
20 And those multiple hours are going to
21 be spent driving and not on the route.
22 hard to fathom that they're going to be having
23 the same number of routes.
24 25
MAYOR CLAUDIA BILL-DE LA PENA:
you, Mr. Harrison. Your time is up.
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Thank
AR000925
l We will now go to Len Harrison followed
2 by Jim Harrison.
LEN HARRISON: Good evening, Madam
Mayor, members of the Council.
Harri son from E.J. Harrison .
My name's Len
I'm the general
3 4
5 6 manager. Yes , I - - I would like to address some
7 of the concerns that I have before you tonight
8 also related to the proposed yard and the
9 environmental impact of the truck traffic in
10 Ventura County.
11 12
The question i s, where would the Athens
trucks travel to and from as Mike mentioned. The
13 Acorn arti cle stated that Athens plans to store
14 40 trucks in Sun Valley in a, quote, 40 - minute
15 drive in rush hour to go 38 miles is an
16 unrealistic estimation of time.
17 Most route drivers will haul two loads
18 a day . rf the Athens trucks are going to and
19 from Sun Valley twice a day, the actual trip time
20 would be more l ike two to five hours a day of
21 road time. In the RFP proposal to the City of
22 Thousand Oaks, Athens states the 40 - plus trucks
23 will be housed i n a small one - acre parcel located 24 on Ojai Street ~n Santa Paula. This proposed
25 yard would be an environmental nuisance and
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AR000926
1 create major traffic problems for the residents
2 in that area of Santa Paula.
3 4
Why would someone put this in an RFP if
it 1 s unapproved? If these 40 Athens trucks are
5 traveling through Santa Paula en route to
6 Thousand Oaks, what route are they going to take?
7 These questions haven't been answered.
8 The Acorn also states that Athens
9 Services was recently chosen by the City of Santa
10 11
Paula to handle their waste. This is a
misleading statement. The Santa Paula franchise
12 agreement wasn't included in the purchase when
13 Athens bought some (inaudible) Los Angeles
14 service areas. Due to that purchase, Athens
15 received the consent to assignment from the City
16 of Santa Paula in 2017.
17 But to allow the City staff time to
18 reevaluate and write an RFP to get a transition,
19 the City of Santa Paula City Council voted to
20 extend their franchise agreement with Athens for
21 two years to May 31, 2022 .
22 1 would request that the City postpone
23 the vote and look into some of these items that
24 have not been addressed. Thank you for your
2 5 time.
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AR000927
1 MAYOR CLAUDIA BILL- DE LA PENA : Thank
2 you.
3 Next speaker is Jim Harrison followed
4 by Monica White and then Evan Edgar.
5 JIM HARRISON: My name is Jim Harrison.
6 I'm vice president of E.J. Harrison and sons.
7 I've been in the trash business virtually my
8 9
whole life. My father and mother had the
business before I was even born. They -- I
10 worked in the company off and on.
11 My father believed in a lot of work .
12 He wanted everyone to do more than their share.
13 I went in the Army when I was 18 years old , came
14 back home. I would work the various jobs. I
15 came back to work for the trash company when I
16 was 22 years old.
17 18
So, I've seen everything. It's been a
great life. I was around great people. My
19 parents were wonderful, wonderful honorable
-fho..t-- "'J '1. () 3 ·, \ LJ 20 people. I thinkAsome of the things that I've t-- \ 21 22
23 24
25 been concerned about, I've seen changes. I've
seen burn dumps go away. I've seen convenient
things change . We've seen when AB 939 came.
When AB 939 came, first we heard 25
percent reduction. Then we heard so percent
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AR000928
w~e,re....
1 reduction, and that's whea it ended up.
2 problem is when they did 939 , the State forgot
3 the marketplace. The marketplace could not take
4 that large a number, you know, could not sell ¾_4 2.,C>~ i'\f2 5 material.
6 We built a transfer station processing
7 center in 1990 to process the material for all of
8 our cities . It was a struggle. It was a
9 s truggle for l0 or 15 years to try to get t~e
10 plant in the black. It was very difficult
11 because of the marketplace.
12 13
14 15
16 Today, it 's one of the best facilities
in southern California. It's done really well.
It's very busy. It never has not processed
things . It never has not marketed. It never has
been on the verge of closing. If you look around
17 southern California, you ' ll see that many have
18 19
closed. Many don't -- aren't processing during
the virus. We never closed. I think that all of
20 our cities have met the mandates .
21 Even with the one thing that's pretty
22 important for people to understand, the idea of
23 939 was to preserve landfill capacity. Today,
24 all these years later, we have a surplus of
25 landfill capacity.
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1 2
3 4
5 waste.
I think another thing 1-t._ was to reduce 2 '.~\.{: '12_ It was to manufacture things with the
waste that we were recycling . This is what 1 s
really happened . The waste stream has increased.
Recycling has decreased. Landfilling has
6 increased so that don 1 t sound very good , does it?
7 But at Harrison 1 s Gold Coast in our
8 cities, with the waste stream increasing , we have
9 increased recycling and all of our cities have
10 met the mandate because we have recycled more due
11 to the waste stream.
12 I think another big thing that happened
13 in the -- probably one of the biggest things that
14 gone on today, thing that I ' m probably the most
15 concerned about, is the organics bill 330 - - 338 .
16 It --
17 18 Harrison
19 20
MAYOR CLAUDIA BILL-DE LA PENA:
JIM HARRISON: Yeah.
MAYOR CLAUDIA BILL-DE LA PENA : -- your
21 time is up.
22 JIM HARRISON: Yeah , the recycle bill ,
~~ •1 ·\ or\,"'J{J 23 I t hink that if you look~~ into it deeply, very,~ ~ ➔ 24 very difficult to meet -- meet the mandate. If
25 you look at the waste stream , what the waste
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AR000930
1 stream is, and we 1 ve done that, and look at
2 what's possible to get out, what's our
3 separation, you'll find out you cannot get it out
4 that way.
5 You're going to have to go in deeper
6 than that. So, it's going to be a tremendous
7 amount of work. Our proposal to the City, or the
8 proposal, includes the cost of doing everything
9 we need to do to meet that requirement.
10 11 you.
12 13
MAYOR CLAUDIA BILL-DE LA PENA: thank
JIM HARRISON: Thank you very much.
MAYOR CLAUDIA BILL-DE LA PENA: Thank
14 you very much.
15 Next up we have Monica White, followed
16 by Evan Edgar, and then Nan Drake.
17 18 Council.
MONICA WHITE: Good evening, City
Thank you very much for allowing me the
19 opportunity to speak, and there's definitely a
20 few things I would like to touch on and raise as
21 issues and concerns as I review the staff report.
22 23
Firstly, as Jim mentioned 1383 requires
a significant investment in our operations.
24 is changing the face of our solid waste. It
25 requires investment in your collection, your
It
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AR000931
1 auditing, reporting, outreach costs that
2 3
universally across the
rates. R3 knows this .
state are increasing
cl~~
h f 1 --1 . G~ ~ '-{ <o T ey 1 ve~ a study or Ca µ
4 Recycle based upon thi s where we independently
5 track franch i se rates and have seen significant
6 increases.
7 I would like to remind City Council
8 that SB 1383 would result in $10,000 per day
9 worth of fi n es for non - compliance. Those fines
10 are not covered by your hauler, n or is the City
1 1 exempt from those fines should your hauler fail
12 to perform.
13 14
15 16
17 18
19 A touch on costs. There were some cost
numbers thrown around. Al l of these haulers
presented here have the same infrastru ctu re
we' tt a. \\ bu "j \ V\ Cj ~ __s ()...,V\'\,Q. V\ u~ o.f- ¾"u 0\::.-S . costs. ~ We're a~l buying the same number of
containers . We al l hope to provide living wages
for our drivers. We're all payi ng the same to
our outreach consultants . Trying to reconcile
20 the cost that Athens has provided is mind -
21 boggling considering the amount of work that must
22 be done.
23 24
Not only that, their operational planAIS CoY\70Stn.j.
Either there's a site in Santa Paula that is not '2,:~7 :Y3 25 owned by Ti m Finnegan as stated in the staff
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AR000932
r'\* 1 report , that is"permitted to have those vehicles '2;.t:>7 :S~ 2 stationed there and would negatively affect the
3 citizens. And also please note, Council, that
4 you cannot exempt that site from CEQA wi thin this
5 vote. That would require a completely different
6 level of environmental review.
7 Additionally , if those vehicles are
8 being parked in Sun Valley, what we 1 re discussing
9 as was brought up by Mike's comments i s there's -
10 - it ' s an impossibility to hire d i splaced drivers 11 who are working in this local community that
12 would have to drive to Sun Valley where tru cks
13 would be fueling their RNG.
14 15
16 The RNG, again , it is - - this is a
confusing proposal , Council. Is the RNG based in
Sun Valley where the operations are? If the
17 trucks are based in Santa Paula , where is the RNG
18 infrastructure that Athens is claiming? There is
19 no public infrastructure to support this number
20 of ve h icles, and we know because we called and
21 asked.
22 This is a 15-year contract that is
23 designed to bri ng the City Cou ncil up to par with
24 the requirements of 1383 . Staff has not provided
25 a transparent and adequate review of all of the
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AR000933
1 proposers. The vast majority of key points and
2 benefits of this contract are the same between
3 all proposers.
4 I will note that the signing bonuses
5 that was discussed earlier by Council, that is a
6 nuance and also not featured within the staff
7 report. It is fully irresponsible for Athens to
8 provide this type of cost tor this City to meet
9 the requirements of 1383, and City Council
10 deserves the opportunity to transparently and
11 verify all bids that were provided for the City
12 of Thousand Oaks.
13 The City should not move forward with
14 Athens and instead request more information and
15 request a company that would not negatively
16 impact the environment or the community, which is
17 what you ' re seeing here through the smoke and
18 19
20 21
mirrors. Thank you.
MAYOR CLAUDIA BILL-DE LA PENA: Thank
you very much . Appreciate it.
It is Women ' s History Month , and this
22 is what working moms do, children and work at the
23 same time.
24 MONICA WHITE: I will also note I do
25 have a babysitter here, but I think she lost
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1 track of my toddler.
2 3 problem.
MAYOR CLAUDIA BILL-DE LA PENA: No
No problem. I know what it ' s like.
4 So , next up we have Evan Edgar followed
5 by Nan Drake and Steve Lee.
6 7
EVAN EDGAR: Am I up?
MAYOR CLAUDIA BILL -DE LA PENA: Mr.
8 Edgar , yes , you are.
9 EVAN EDGAR : There I am. Honorable
1 0 Mayor and City Councilmembers, my name is Evan
1 1 Edgar. I ' m an engineer in Sacramento
12 representing statewide trade associations and
13 public and private compani es over the decades on
14 hauling, recycling, and composting issues .
15 I'm intimately involved with SB 1383
16 from the concept , the policy , the law, the
17 regu l ations, and implementations in the last five
18 years here in Sacramento working at the State
19 Capital and CalRecycle on how to pull off 1383 .
20 21
22 It ' s a big lift . 0 -h~c..
Plus, I've been -desigrfing, facilities 2 ~\0 ~54
for over
"y-eOJtS
3 OJ\ statewide, so I know what it takes to 2~ l l :or
23 permit compost facilities, yards , and recycling
24 facilities.
25 I've been i n volved wi th four major
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1 2
studies in
and pricing.
in Sacramento here about 1383 costs
The first one was done by
3 CalRecycle as part of ' the SB 1383 Regulatory
4 Impact Assessment in 2019. What it said, based
5 upon a theoretical cost, that the average monthly
6 business cost would increase by 70 to $90 per
7 month on the business side. Residential cost
8 would increase 3 to 5 bucks per month to do the
9 1383.
10 In another statement performed by R3
11 was released just in October 2020 where it was-fiy- 1.:H'.'-fl 12 the SB 1383 local services rate impacts. And
13 what they came up with was that the average
14 business monthly cost would increase by 140 bucks
15 per month, and average residents' costs would
16 increase 2 to 13 bucks per month.
17 18
The League of Cities did a survey last
month and they released a survey. What -- what
19 the League of Cities said that 92 percent of the
20 cities expect a rate increase, and 40 percent of
21 those cities expect a 40 percent to 100 percent
22 rate increase.
23 Pulling the case studies of 12
24 different cities statewide that have adopted new
25 rates for 1383, the average monthly business cost
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AR000936
1 has increased 200 bucks per month to 2025, and
2 average residence has increased from nine bucks
3 per month to 2025. So, all these studi es from
4 theoretical to regulatory to surveys and actual,
5 we see a big rate increase. The reason being is
6 that SB 1383 will cost about two to three billion
7 i n infrastru~ture costs, and then another 20
8 billion in operational costs.
9 10
So, they've got to have a cost increase
to comply with 1383. What we see with Athens
11 proposing their magical economics with export
12 out-of-county, they're actually decreasing the
13 rates at a time when they should be increasing.
14 For other cities in Athens, the
15 residential rating is 60 -- 36 bucks per month
16 where the two proposals are down to 33, which is
17 18
reasonable . I think Athens is offering discount
pricing in order to win the contract. And what
19 we've seen in these other cities is that they
20 have 75 percent rate increase over ten years
21 where the (inaudible) is only 30 percent.
22 So, what I recommend is that the Athens
23 bid is not legitimate for 1383 in order to gain
24 market share in the lost leader. They're sending
25 a wrong signal (inaudible) about 1383
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1 2
3 4
implementation. This is not a race to the
bottom. We need to rise to the top of local
sustainability . Thank you.
MAYOR CLAUDIA BILL-DE LA PENA: Thank
5 you.
6 And the next speaker is Nan Drake, and
7 then Nan Drake will be followed by two
8 representatives for Waste Management, Steve Lee,
9 and Doc Corcoran. And then also Bill Camarillo
10 Agromin.
11 I also want to say to my colleagues and
12 staff that after we hear from Bill Camarillo, we
13 will actually go back to staff so we ~ -e-ot1+d--- '2..',\'--l ~ o ~ 14 respond to the candidates' statements and
15 comments that were made, or at least those who
16 participated in the RFP process.
17 18
19 20
Al l right.
NAN DRAKE:
Go ahead, please.
Good evening, Mayor and
Councilmembers.
to many of you.
My name is Nan Drake, familiar
I am the Director of Public
21 Relations and Governmental Affairs for E.J.
22 Harrison and Sons, Gold coast Recycl i ng, and
23 Agromin.
24 As a former Ventura City Councilmember,
25 a former Chair of the L.A. Region Water Quality
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AR000938
1 Board , and a fo~mer member of the Integrated
2 Waste Management Board in Sacramento, I , like
3 you , have had to make many difficult public
4 decisions, and I know tonight that you're trying
5 to do what is best for your constituents. I only
6 hope that you remember what was said at the last
7 meeting when trash contracts were on the agenda.
8 It ' s not about price, but it's about best value,
9 and I think that is the real question here
10 tonight.
11 Is this agreement following your own
12 13
sustainability p l an? Is trucking out - of-county
the environmental correct thing to do? The
14 Toland Landfill can't accept out-of-county tons,
15 and we are in the permitting process for a major
16 commercial compost facility at Limoneira, which
17 also cannot accept out-of- county tons.
18 This facility that we are building will
19 handle all of the county and the City of Ventura
20 County's organic tons, and we'll make it our own
21 in our own county. I think that is something
22 that we need to look at because what you do today
23 will reflect on every city in the county.
24 They are a l l depending on a gathering
25 of tons to do the right thing.
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You are moving
AR000939
1 your tons away from your own county and putting
2 them in Los Angeles in most cases. This does not
3 seem to me to be the environmentally correct
4 thing.
5 I want to close by just saying that the
6 Harrisons have been in business for 90 years in
7 this county, and if they aren't number one on
8 your list of respected companies in this county,
9 I would be shocked, because they have always done
10 the right thing. They have a tradi tion of doing
11 the right thing.
12 Their customers don't just like them,
13 14
15 they love them. Our drivers stop for children
and run their arms up and down for them. They
wave. They bring birthday presents to some of
16 them because they know them so well .
17 We are part of the community. We
18 deserve that you look at this proposal closely.
19 20
You reexamine it. You listen to what others have
to say . I only want you to do this because I
21 care about your city like I care about all of the
22 c~ties in the county.
23 24
I have worked 30 years in this industry
to get us where we are today in this county. I 1 m
25 proud of our whole county, and I want you to be
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l
2 part of it . So, please, please relook at this
decision and get more information. Thank you
3 very much.
4 MAYOR CLAUDIA BILL-DE LA PENA: Thank
5 you, Ms. Drake .
6 Next, we have Steve Lee with Waste
7 Management followed by Doug Corcoran, and then
8 finally Bill Camarillo .
9 10
11 12
13 STEVE LEE: Hello, everybody. I hope
-- I'm getting a little background noise. I 1 m
sorry. Honorable Mayor, Councilmembers, and
staff, my name -- my name is Steve Lee. I am a
24-year local resident of ~!:i,b~' Park, and I ').:.\1""~1 14 have to mute this and I'm very sorry.
15 16
My name is Steve Lee.
tJ.evJ'l, ~ '-'\
local resident of NewborpY Park.
I am a 24-year
I am a 1 so the 'l 1. I<&'\ 03
17 district manager for Waste Management GI
18 Industries located locally in Simi Valley for the
19 last 42 years. My team of more than 200
20 employees' number one goal is to deliver the
21 highest quality in reliable service to the
22 residents and businesses of Thousand Oaks.
23 For more than 50 years, our customers
24 have become a part of the Waste Management
25 family, and we don't want to end our
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1 relationship. As an essential service provider,
2 we have been here for Thousand Oaks through it
3 all; earthquakes, fires, the borderline tragedy,
4 and most recently the pandemic , which we all
5 still are in the middle of this year.
6 Our customers rely on us to show up
7 week after week to provide the service we
8 promise, and that, lam very proud to say, we
9 have been here for you, Thousand Oaks, every
10 single day. We are your environmental solutions
ll provider, and we work together to do whatever it
12 takes to get the job done .
13 We have embraced the new state mandate
14 laws and adapted to help Thousand Oaks achieve
15 your goals . We always felt that we have had a
16 professional wo~king relationship with staff, and
17 we hope to continue to collaborate with staff in
18 the future.
19 We are looking at a bigger picture here
20 in Ventura County, and choosing to go outside of
21 Ventura County for solutions has many questions
22 and impacts. Why is it important? The plan
23 staff is recommending will change disposal
24 choices and eventually result in a huge financial
25 impact to the County of Ventura while adding
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1 thousands of additional road miles to collection
2 vehicles completing services for the City of
3 Thousand Oaks.
4 Are the proposal rates for the staff
5 report realistic? Is this sustainable? This is
6 a question I hope we don't find out the hard way.
7 I ask that the Council oppose staff's
8 recommendation and allow the proven longstanding
9 collaboration between Waste Management and the
10 City of Thousand Oaks to be maintained . Thank
11 you for your time and consideration.
12 13
14 MAYOR CLAUDIA BILL-DE LA PENA: Thank
you. -Po\~~ 2~ 2o: \i
Next up we have Doug Corcoran f ollowin~
by Bill Camarillo. And Mr. Corcoran is with
16 Waste Management, and Mr. Camarillo with Agromin.
17 18
DOUG CORCORAN: Thank you, Mayor BillDe La Pena, and City Councilmembers. I'm Doug 19 Corcoran, 834 Emerson Street here in Thousand
20 Oaks. I work for Waste Management, as you said,
21 and I just want to start by saying we are
22 grateful .
23 We thank the City for all the years.
24 We want more years with you, but don't think
25 based on our comments that we do not completely
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1 and utterly appreciate you and all the time that
2 we have spent here and the trust you ' ve placed in
3 us.
4 Tonight I ' m here to ask you to postpone
~e..
5 your decision on ~ selection of the new haule ~ 2:2.c~s~ 6 for 30 days. I know that feels like a big ask,
7 and I wouldn 1 t ask it i f I didn't h ave compelling 8 concerns about the proposal by Athens a n d about
9 the process that has brought everybod y here
1 o tonight.
1 1 We appreciate the work and the
12 professionalism of R3 , and I know Richard Tagore
13 very well . I ' ve seen him quite a bit , and he ' s 14 always very professional , and also of Helen Cox
15 a n d her staff. And nothing we ' re saying tonight
16 is meant to d i sparage any of the work, but there
17 is a lot of questions, and I think maybe it was
18 the structure of the -- of the RFP and the
19 process that left a lot of questions unexp l ored,
20 and we feel call for the requested delay .
21 So, let me jump in. I'm not going to
22 - - I'm going to try not to repeat what some of
23 24
the other folks have said,
a.s
be overlooked~ the way they
but the rates cannot
are presented.
25 frankly, the rates proposed by Athens have no
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1 tether to the reality of providing service i n
2 Thousand Oaks. They're a complete swing and a
3 miss.
4 And - - and anything - - rates like this
5 that are so out of touch we think should cast
6 suspicion on the rest of their proposal, and the
7 statements and assertions they've made in that
8 proposal . The f act is, there's no place in
9 California where rates are being rolled back like
10 Athens is proposing here to implement SB 1383.
11 It's an unprecedented level of new services
12 .required by that -- by that regulation.
13 I mean, think about this. The new
14 contract calls f or unprecedented service levels,
15 unprecedented outreach requirements,
16 unprecedented p r ocessing requirements . They
17 it also requires a $30 million investment in
18 vehicles, containers, much more staff than you ' ve
19 ever seen before.
20 And then add to that the fact that
21 Athens has to d r ive 60 to 70 miles from their
22 remote yards in other communities where they're
23 going to have to add trucks there. And I don't
24 know if they've talked to those communities about
25 that. You know, the fac t i s we all get our
Veritext Legal Solutions866 299-5127
AR000945
1 trucks from the same place. We get our
2 containers from the same places, our fuel.
3 It 's -- I mean, the the actual cost
4 structure in this business is very similar from
5 company to company . And so we have to ask
6 ourselves how in heaven's name can they cut rates
7 like they're proposing , and I would assert that
8 9
they cannot. They can't do it.
The -- you've heard something some
10 of the comments about an old-school tactic that
11 was used in L.A. County. And I will say Athens
12 -- I've been working in L.A. County and Ventura
13 County for 35 years, and Athens is very good at
14 this tactic, and it really is to roll in with the
lo;~
1 5 1 es E 1 ea de r and then -t::-e-- work the rates up ov e r '2: '2..3 ·, S ~ 16 time .
17 Now, I heard staff say that you've got
18 a contract that's iron- clad and you don't have to
19 worry about that, but I would respectfully
20 disagree with that conclusion. I read your
21 contract or the contract for Athens, and I read
22 the - - that section. And honestly, I see a very
23 liberal reopening opportunity down the road, and
24 25
that will be exploited. I can guarantee it.
MAYOR CLAUDIA BILL-DE LA PENA:
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866 299-51 27
Thank
AR000946
1 you, Mr. Corcoran .
2 DOUG CORCORAN: Okay.
3 MAYOR CLAUDIA BILL-DE LA PENA:
4 your - - your time is up.
Your --
5 6
DOUG CORCORAN: Thank you very much.
MAYOR CLAUDIA BILL - DE LA PENA: Mm-hmm.
7 Next up we have Bill Camarillo with
8 Agromin .
9 10
BILL CAMARILLO: Good evening Mayor and
Councilmembers. My name is Bill Camarillo. I
11 live in Camarillo, California, and I have grown
12 up in Ventura County my whole life. I am the CEO
13 oE Agromin. We are probably one of the largest
14 organic waste recyclers in the state of
15 California spanning from the Mexican border all
16 t h e way through Sacramento serving well over 15
over
17 counties and~200 communities throughout the 2 :2~\S7 18 sc:.ate .
19 And I've seen lots of RFPs, and I've
20 never seen one processed like this. Some of the
21 bigger cities have always taken the top three22 point getters in this example and negotiated with 23 all three to make sure all of the questions were
24 answered, and all the rocks were turned over to
25 ensure that the winner could be able to do what
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1 2
3 4
5 6
they did.
I 1 m not here to talk about that as much
as I am here to protect sustainable Ventura
County. I have been serving the community of
Thousand Oaks ~J '2 S since it starts.. its yard waste ·. "'L ~L..1 program~ many , many years ago. Over the last '2,.: 2.s ·. 3 o 7 decade, we have been developing infrastructure in
8 Ventura County with the assistance of Thousand
9 Oaks' support with the County for permitting not
10 only of the Lehman Air Facility.
11 But to correct one thing about
12 facilities in Ventura County, we have the City
13 surrounded. We have organics facilities in
14 Calabasas, Simi Valley, Oxnard , Santa Paula, and
15 a newly opened Food Waste to Animal Feed Project
16 in the city of Oxnard that will begin operations
17 in October.
18 So, when it was said earlier in the
19 presentation that there was no permitted food
20 waste operations in Ventura County , that was a
21 that was a misstatement.
22 I am concerned about all of the
23 commitment of all of the other cities to
24 developing its infrastructure in Ventura County
25 to support SB 1383. It's a very cumbersome bill.
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AR000948
1 It's going to be very expensive. And if you have
2 to build anything in Ventura County, you would
3 know that everything in Ventura County takes
4 forever, and it's very expensive.
5 So, for the two incumbent haulers, they
6 had no intention of ever hauling the City's waste
7 out of the County and were going to use Ventura
8 County infrastructure and priced it
9 10
appropriately. Athens is a customer of Agromin
today. Never once did they contact us and ask if
11 they could bring those tons to any of the five
12 Agromin facilities that could support the City's
13 local - - the support of local jobs, local green
14 jobs, local innovation in the County.
15 Green infrastructure, there's going to
16 a loss of local business in Ventura County,
17 increased greenhouse gas emissions, increased
18 traffic impacts, and increased impacts of
19 disadvantaged communities. It was amazing to
20 hear that woman speak earlier in public comments
21 about affordable housing wanting to live in
22 Thousand Oaks.
23 All the workers live in Santa Paula and
24 Oxnard, and Athens is proposing to haul, becaus e
25 that's where their facilities are, out of L.A.
Veritext Legal Solutions
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AR000949
1 They would never have a chance to work and be
2 able to continue to live in a beautiful place
3 like Ventura County.
4 I also am asking that you postpone this
5 decision , relook at those proposals, and add
6 using Ventura County infrastructure, and I
7 believe that you will see all the rates will be
8 very comparable focusing on a sustainable Ventura
9 County and not hauling your waste out of the
10 county.
11 I know my time's probably up. I'm
12 committed to Thousand Oaks just like everybody
13 else as I serve on many boards, as you may know,
14 and I wish you would really reconsider your
15 decision tonight and give it some more thought.
16 Thank you very much.
17 MAYOR CLAUDIA BILL-DE LA PENA: Thank
18 you.
19 And I will take everything back I said
20 about going to staff after the candidates speak.
21 I was told there was a miscommuni~ation, and so
22 we will continue with public speakers, of whom we
23 do have many. We will continue with Shannon
24 Bloomer on video followed by Cat Selm and Mike
25 Liben. Good evening.
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AR000950
1 2
'B,L-c:,t::>M.E:f!._
SHANNON BLOOM: (No audible response) L-'. 2f :'Sf
MAYOR CLAUDIA BILL-DE LA PENA: So, if
3 we don't have Shannon, then we will go to Cat
4 Selm, if we can do that, followed by Mike Liben .
5 6
7 8
9 10
CAT SELM: Hello? Can you hear me?
MAYOR CLAUDIA BILL-DE LA PENA: Yes,
Cat Selm. Good evening.
CAT SELM: Hi. Good evening, Mayor and
Councilmembers.
~a..k.. .. to me" tonight .
Thank you so much for listening
My name is Cat, and I 'm a
1 1 resident in Thousand Oaks.
12 I want to commend the City for doing
13 its part to reduce waste and emissions by
14 including Green Waste Services. This contract is
15 a step in the r~ght direction in complying wi th
16 the State Law SB 1383 and reducing our collective
17 footprint.
18 Landfills generate about 20 percent of
19 the methane in California, which is a greenhouse
20 gas that ' s 84 times more potent than CO2. By
21 composting waste food and other organics, methane
22 emissions are significantly reduced. I also
23 commend the standardized bin colors, the outreach
24 component of thi s contract, and the clean fuel
25 vehicles.
Yeritext Legal Solutions
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AR000951
1 However, I would like to hear where the
2 contractor receives its renewable natural gas.
3 As good as this step is, I urge the Council and
4 the Sustainability Office to think about the
5 additional requirements of SB 1383 as well as its
6 broader implications on society.
7 In addition to the waste stream
8 diversion targets, the law also requ ires that 20
9 percent of edibl e food currently wasted is
10 recovered for human consumption. According to
11 the California Association of Food Banks, one in
12 eight, or 4.6 million Californians, are food -
13 insecure, inc luding one in five children.
14 At the same time, more than five-and- a -
15 half million tons of food waste are disposed in
16 California landfills each year. Let's take this
17 requirement for compliance and turn it into an
18 opportunity to model a healthy and sustainable
19 vision for other California cities.
20 I suggest we do this by incorporating
21 organic waste diversion into a multi-benefit
22 initiative, including feeding hungry people,
23 producing clean energy and healthy soil , and
24 reducing climate and air pollution. We can do
25 this by developing plans to divert edible food
Veritext Legal Solu6ons
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AR000952
1 waste from the l andfill and feed people in need
2 in coordinati on with haulers and non-profits.
3 To reduce our carbon footprint and
4 increase food resiliency, we can encourage a bi -
s local program campaign for produce, enact a local
6 food ordinance, or incentive -- incentivize farm7 to-school programs. Education and outreach about 8 food waste ~eduction , as well as continual
9 education about proper disposal of green waste
10 will be critica~ in meeting these goals.
11 Again, I want to thank the City for
12 negotiating -- renegotiating this contract, and I
13 look forward to having a green waste bin at my
14 residence, and to further discussing these ideas
15 with staff at the CAPP and general plan\ update 2:2\ ~1.,r 16 process as it proceeds. Thank you for your time
17 and I ' ll yield the rest of mine.
MAYOR CLAUDIA BILL-DE LA PENA: Thank
19 you.
20 We now go back to Shannon Bloomer
21 22
23 followed by Mike Liben. Hi there.
SHANNON BLOOMER: Hi . Can you hear me?
Hi. I'm a resident to this wonderful city of
24 Thousand Oaks, and I would like to start off by
25 saying I commend the City Council for bringing
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AR000953
1 this to our community.
2 I support Athens for so many reasons,
3 mainly their competitive pricing in which we can
4 all use at this time right now. And also, their
5 outreach to the local schools for their
6 afterschool programs in which I have children
7 that attend our wonderful public schools.
8 All of these things are very
9 beneficial, and this is why I support it, and I
10 surely hope you do to. Thank you very much for
11 your time.
12 13 you.
MAYOR CLAUD I A BILL-DE LA PENA: Thank
14 Mike Liben followed by Carey Lutz and
15 Karen Sandwig.
16 MIKE LIBEN: Mike Liben, Thousand Oaks.
17 Thank you for allowing me to speak on this issue.
18 First, I'd like to thank the City Council for the
19 diligence demonstrated in their request for
20 proposals process. It's clear based on the
21 information posted on the Thousand Oaks City
22 website and the information here tonight that the
23 recommended bidder Athens Services admitted the
24 bid that is the best deal for all of the
25 residents and businesses in the city of Thousand
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AR000954
1 Oaks.
2 I believe another important aspect of
3 this bid is the fact that Athens Services is
4 committed to being an active member in our
5 community by supporting our schools. There are
6 details in the bid that include a $200,000 per
7 year donation to the schools in the community
8 over the 15 - year life of the contract. This is
a..
9 definite l y ~ time when we need the funding the 2\33'. \~ 10 most.
11 Thank you to the City Council for
12 conducting a process that yielded better rates
13 for our businesses and residents, as well as
14 found a good community partner who took the time
15 to identify the needs of our community. Thank
16 you.
17 MAYOR CLAUDIA BILL-DE LA PENA: Thank
18 19
you. ~ l lovved
Next up is Carey Lutz £ollow---ing by '2:?>~~L{ b
20 Karen Sandwig and then Denise Pembundrian.
21 22
23 CAREY LUTZ: Good evening. My name is
Carey Lutz. I reside in Moorpark, but I run a
Thousand Oaks business. I run Tire Man. It
24 appears -- and I want to thank the City Counc il
25 for what appears to be a great job that they've
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AR000955
1 done in sending this out to a bid and making a
2 competitive bid that will help us as business
3 owners and residents of the City of Thousand Oaks
4 and the surrounding areas.
5 Costs keep going up on everything, and
6 it's great to see that things will become a
7 little bit more competitive , and that these
8 businesses have to win these contracts, and it
9 appears that Athens is going to do a great job
10 for us as far as reducing the overhead and the
11 cost of doing business in the City of Thousand
12 Oaks.
13 It appears that they've done a very
14 good job and a very thorough bid, and it appears
15 that we should have lower costs, as well as
16 helping our schools and our local businesses. I
17 thank you, and thank you , City Council, for doing
18 a great job in sending this out to bid, and we
19 20
21 22
look forward to the next 15 years. Have a great
evening. Thank you.
MAYOR CLAUDIA BILL-DE LA PENA: Thank
you . Thank you . And you do a great job with
23 Tire Man too.
24 25
CAREY LUTZ: Thank you.
MAYOR CLAUDIA BILL-DE LA PENA:
Veritext Legal Solutions
866 299-5127
Next up
AR000956
1 we have Karen Sandwig followed by Denise
2 Pembundrian, and please forgive me if I
3 mispronounced that last name, and then Christian
4 Melger.
5 6
7 KAREN SANDWIG:
Mayor and Councilmembers.
Good evening, Madam
Karen Sandwig, 25-year
resident in the City of Thousand Oaks. I'd like
8 to first thank you for providing the tools to
9 staff to conduct this RFP process.
10 I read the staff report and it occurred
11 to me that our current hauler and incumbents,
12 they -- they had the opportunity to sharpen their
13 pencils and to provide some creative programs,
14 and they didnit do that. And then as I continued
15 to read the staff report, I actually got excited
16 about the thought of a family-owned company
17 joining our Conejo Valley family.
1a They're offering reduced rates at a
19 time where a lot of families really need that
20 help. They 've obviously shown us they can do a
21 lot of recycling and upcycling programs, which is
22 also very exciting. And on top of everything,
23 they have gone one step above t hat and they ' re
24 25
making a financial investment
(:)\).K"
in our community,
in our schools, ..e-r- students, our kids .
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AR000957
1 2
that's a really big deal. It really is.
So, I'm asking you tonight to award
3 this contract to Athens Services because I
4 sincerely believe they are a breath of fresh air
5 6
for our community. Thank you.
MAYOR CLAUDIA BILL-DE LA PENA: Thank
7 you.
8 Next ~p we have Denise Pembundrian
9 followed by Christian Melger and then Brian.
10 Good evening.
11 12 you?
DENISE (PEMBUNDRIAN?): Hi. How are
Thank you for allowing me to speak tonight.
13 I just want to, you know, give my thoughts on the
14 15
subject at hand. I live in Thousand Oaks . I
work in~~ Park. I am a single mother of '2..:.~\o '. s, 16 two.
17 And a couple of things that really
18 stood out for me with the Athens's situation is
19 food waste recycling and just the reducing costs
20 to citizens. And I really hope that Athens is
21 able to move forward with this contract.
22 And it ' s, you know, been mentioned
23 before, you know, we've given lots of
24 opportunities to, you know , clean things up.
25 We've had the same, you know, providers for I
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AR000958
1 think 20 years . It's time for a change. It's
2 time to see what fresh - - you know, fresh blood
3 can bring in, so I'm very excited and I hope that
4 you ' ll really consider awarding this to them.
5 Thank you.
6 MAYOR CLAUDIA BILL- DE LA PENA : Thank
7 you.
8 Christian Melger, followed by Brian,
9 and then Robert Edward on the phone.
10 11
12 CHR I STIAN MELGER: Oh. Here I am.
Sorry about that. Yeah. Christian Melger, Madam
Mayor. thank you for having me on. Can you hear
13 me?
14 15
16 MAYOR CLAUDIA BILL-DE LA PENA: Yes.
CHRISTIAN MELGER: Oh. Sorry. So, I'm
a resident. I relocated to Thousand Oaks 11
17 years ago, and I'm actually also a realtor, so I
18 deal with owners all the time . And obviously,
19 these - - especially this last year I've seen what
20 pricing and competitive really means to us.
21 22
23 24
25 And like when I saw that -- that there
could be an advantage for the homeowner, I jumped
r--e.a..J \ V\q right on it and T - - and I started -to roan more 'l,•, 3\?"-.1,7 about i t .
evol ve.
And J ust like any other business, they
Like, I - - I don't see how my business
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~ ~ 'S €-VO~ \J'Q ~ 1 has evolved, everyone i-:f:ivoJ ued _ But when it "2_;, '3~ : ~ (.,, 2 3
4 5
6 7
comes to competitive pricing, I understand the
~.._Ja,..\~
qualify, what they've all said, and, like, what 2:6 ~ :y~ they ' ve done for over - - over the years.
But sometimes it takes another company
to come in and kind of shake things up, and not
he_w~-e..'f'~
not just because they're~not going to be an 2 :~¥~S\
8 advantage to us , but more like maybe they're
9 doing something or looked at something that the
10 other people aren't doing because it's done here
11 in and out for them.
12 So, for me, I like Athens just for
13 that. Like, they -- they're shaking it up a
lf~
14 little bit and ytl'"s-'E benefiting us. And I think '"2,:59:c, \ t' cv-\-
1 s ~ cost on the homeowners, especially moving out 2 \ 3'\ :..<:> 1 16 17
here, it's not cheap. That's an advantage for
me , so that's all I wanted to say. thank you so
18 much.
19 20 you.
21 MAYOR CLAUDIA BILL - DE LA PENA: Thank
Brian is joining us via video, followed
22 by Robert Edward on the phone, and then Maria
23 Byer on video.
24 BRIAN ALBERTSON: Hi . Brian Albert.son,
25 long- time resident of the Conejo Valley for 40 -
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AR000960
1 plus years. I just want to thank the City
2 Council for putting the trash contract to bid.
3 Thanks to the staff for all their hard work.
4 I do think the staff's recommendation
5 is definitely going to save a significant amount
6 of money . And the fact that i t's going to do the
7 right thing for the environment too, I think
8 that's a rare t hing that you're actually saving
9 money and doing the right thing.
10 You know, you think about you go to
11 Whole Foods and you try to buy organic, it's
12 always like two to three times more expensive.
13 It ' s rare that you could have, you know, a
14 progressive pol icy that is a lot less money for
15 the -- the repairs.
16 17
18 So, I'm looking forward to the Athens
recycling programs. They've got a great
reputation. I think they'd really fit the new
19 mold of Thousand Oaks and what we're becoming.
20 And I think, you know, the other companies had
21 the opportunity to bid. The competitive process
22 yielded, you know, these results that Athens be
23 recommended, and I'd ask the City Council to
24 25
approve the sta:f's recommendations. Thank you.
MAYOR CLAUDIA BILL-DE LA PENA:
Veritext Legal Solutions
866 299-5 127
Thank
AR000961
1 you.
2 Next, we have Robert Edward fol l owing
3 by Daniel Joseph and both on the phone .
4 ROBERT EDWARD: Hi . Good evening.
5 Thank you , Madam Mayor and City Councilmembers .
\~ \(e-to
6 I would" thank you for actually putting this '2~4C) ' 57 7 process together. Any time you have a
8 longstanding relationship with, whether it be a
9 company or a vendor , change can be difficult, so
10 I -- I applaud your decision to try to make some
11 change.
12 I also commend Dr. Cox and her staff.
13 I had no idea that this much forward-thinking and
14 due diligence was put into this type of contract.
15 I really thought it was just go ing to be, you
16 know, who can who can come up with the
17 tastiest bid, and, you know, hope for the best.
18 But the staff's recommendations seem
19 like they've really done their due diligence, and
20 21
22 in turn, it's going to save, you know , us us
taxpayers here. You know, I' m a resident of
Thousand Oaks now for almost 28 years. Sometimes
C:, UV'
23 competition is good for~ city, and the results 2 :~l~½~ 24 will be the best deal for us here in Thousand
25 Oaks.
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1 2
3 I'm looking forward to Athens'
recycling and their program. It seems like they
-- they really are committed to it. I like the
4 fact that they're family-owned, that they're a
5 company that was born and based here in southern
6 California.
7 Other companies seem to have had the
8 opportunity to put their bid in place, but maybe
9 they became complacent after being in place for
10 so many decades, and that complacency is now
11 tonight at the eleventh hour, it sounds a little
12 bit like sour grapes on their part.
13 You know, their pleas of, you know, oh,
14 let us rebid this or let us do this, you know,
k~sbee.r"\
15 they had their opportunity. This ±-s- an 18-month ·2...·.42•. L..~ 16 process . The City needs a change that's going to
17 save us money, put us in the right direction
18 environmentally. I -- I implore the City Council
19 to make the obvious decision and move over to
20 21
Athens .
22 you.
23 Thank you very much for your time.
MAYOR CLAUDIA BILL - DE LA PENA: Thank
Next, we have Daniel Joseph on the
24 phone, and then going back to video with Albert
25 Crajigian and Roseanne Witt.
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1 DANIEL JOSEPH: Thank you, Mayor De La
2 Pena, and thank you
Cou
€oa11cilme1.r
nvi l ~
for taking the L-:L\1.-~S7
3 time to listen to my opinion on this situation.
4 I'm not generally somebody who gets involved in
5 these types of things, but when I started to do a
6 little bit deeper dive on it, I was really
7 impressed on wha t was go i ng on. And -- and then
8 the presentation put together by the staff was
9 fantastic.
10 I -- I'm really excited about the tech
11 that they're bringing forward, and, you know, the
12 CNG. That's -- that's huge . You know, coming
13 from an automotive background, it ' s r eally
14 intriguing. And you know , i t ' s - - for me as a
15 resident for plus 25 years in the Conejo Valley,
16 it's better savings, it's better services, and
7Y'\o,..,+·s
17 better recycling, and !::,est for me and my family. 2 :~ ~:~t.:) 18 And you know, I heard some other
19 residents say it's for their City, and -- and I
20 21
agree with that wholeheartedly. And you know, it
-- it's time for a change, you know? Things are
22 much different nowadays than they were just a
23 year ago. So, I think it's important for us to
24 k i nd of, you know, look b e yond what we've been
25 doing f or so long, and look for something
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1 different, and look for something beneficial for
2 the City and for the residents.
3 4
5 6
So, I appreciate your time, and -- and
I thank you very much . And I wholeheartedly
support the Athens proposal. Thank you.
MAYOR CLAUDIA BILL-DE LA PENA : Thank
7 you.
8 Next , we have Albert Crajigian followed
9 by Roseanne Witt.
10 11
12 Albert, if you could unmute yourself.
ALBERT (CRAJIGIAN?): Of of course.
MAYOR CLAUDIA BILL-DE LA PENA: Thank
13 you.
14 ALBERT CRAJIGIAN: Of course. Forgive
15 16
17 me . Good evening, Council. My name is Albert
Crajigian. I ' m a local business owner and a
resident here ac Thousand Oaks. I'm speaking
18 today in favor of the staff recommendation to
19 choose Athens as the waste services provider for
20 21
22 23
24 25
our city.
o...lAthens has a great reputation. And" the 1..,',"{\-( •.S1-f end of the day, they will save us all some money
while still providinJI the best services. They
fv-·t ~ l 'i '"I •. UL"" •• <J( have been very fri e nds and are committed to being ~ 1~ as a part of our community, which is very
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1 important for Thousand Oaks.
2 I know they went through a competitive
3 p~ocess and came back with the best deal for
\ 'f\
4 Thousand Oaks and wil 1 bring 1'.new revenues to the '2..~4s-.. ,7 5 City too, and also save the City money. I 'm
6 pleased that they have been recommended, and I
7 ask that the City Council approve this
8 recommendation to have Athens as our trash
9 service provider.
10 I thank you very much, and am proud of
11 my city.
12 13 you.
MAYOR CLAUDIA BILL-DE LA PENA: Thank
14 All right. We have five speakers left,
15 a few dropped off. Roseanne Witt is joining us
16 via video following by Jennifer Hernandez via
17 t elephone and Barbara Sponsler via telephone.
18 Good evening.
19 20
21 22
23 ROSEANNE (WITT?): Am I up?
MAYOR CLAUDIA BILL-DE LA PENA: Yes .
ROSEANNE WITT: Good evening, Mayor,
Councilmembers. My name is Roseanne Witt, a
resident of Thousand Oaks . I applaud your
24 efforts to secure a waste management contract
25 that will reduce landfill org~nic waste and the
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1 greenhouse gases it generates.
2 While the proposed contract mentions
3 compost only once, I hope the food and yard waste
4 collected will be composted and returned to our
5 community. If so , I suggest some of it should be
6 offered to local farmers for use as a soil
7 amendment to encourage regenerative farming
8 techniques that actually build healthy living
9 soils, which, in turn, one , improve carbon
10 sequestration ensuring our agricultural lands are
11 a carbon sink rather than a carbon source.
12 Two, increase water infiltration as a
13 hedge against prolonged draught for long-term
14 water security; and three, significantly lower
15 costs for chemical inputs, like fertilizers and
16 pesticides, while reducing farmer's health risks
17 from exposure to these toxins.
18 The resulting mutually beneficial
19 relationship such a program could build between
20 area farmers and City and County leadership could
21 be further expa~ded to establish a more localized
22 food supply, and thus, a more resilient food23 secure Thousand Oaks. 24 With the start of the COVID pandemic,
25 we all experienced firsthand just how quickly
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1 supply chains can collapse in emergency
2 situations that disrupt major transportation and
3 distribution systems leaving communities like
\ V'.i> vs•fV'.· a.. \
4 ours that are dependent on trucked-in iHduotry L-~4T-Y2- 5 6
7 8
food
and
for
systems
staples,
weeks .
To
to ration essential food supplies
~Y-Oc.~ and ~ roe os store aisles go empty
avoid future similar scenarios,
9 Thousand Oaks could implement a compost-sharing
10 incentive program, begin coordinating with
11 Ventura County to promote a by VC campaign, and
12 adopt policy to incentivize local farm-to-table
O,..~
'2 ~ ~n -. ~q
13 markets serving ~ cafeterias, hospitals, ·2 :. Y,<( ~07 14 schools, jails, grocers, restaurants, etc., to
15 guarantee our residents a steady, reliable, and
16 resilient selection of the diverse nutritious
17 food grown locally, wh ile simultaneously
18 supporting our regional family farmers.
19 Such a program could keep local dollars
20 circulating within our own community, help
21 Thousand Oaks reduce carbon emissions from
22 delivery trucks transporting food over long
23 distances, help recharge area aquifers,
24 strengthen our local freshwater security, and
25 help our farmers better weather increasing
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1 climate volatility costs by global warming.
2 It would be a win-win -win for our City,
3 County, and local farmers. I hope you will put
4 TO-generated compost, a valuable resource, to
5 work building our community's local food, water,
6 economic, and climate resilience. Thank you for
7 your time and good evening.
8 9
10 you.
MAYOR CLAUDIA BILL-DE LA PENA : Thank
Some great ideas there.
Jenni:er Hernandez on the phone,
11 followed by Barbara Sponsler on the phone, and
12 our last two speakers will join us via video.
13 14
Hello? Hi, Jennifer.
JENNIFER HERNANDEZ:
15 response)
(No audible
16 MAYOR CLAUDIA BILL-DE LA PENA:
17 18
19 Jennifer? Jennifer Hernandez?
JENNIFER HERNANDEZ:
Mayor and City Councilmembers.
Hi.
I'm
Good evening,
my name is
20 Jennifer Hernandez, and I'm commenting to raise
21 concerns about the proposed waste removal
22 contract with Athens Services.
23 I'm a resident of the City of Fillmore
24 with family and friends who live in the City of
25 Santa Paula . And we are troubled by the proposal
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1 to have the significant number of vehicles near
2 downtown Santa Paula as part of this contract, as
3 well as by the proposal to have this contract
4 exempt from the provisions of CEQA. I ask that
5 you consider a 30-day extension to review the
6 proposal and to allow for public education input
7 in the community where these vehicles will be
8 housed.
9 And I also ask that you require an
10 environmental review of the emissions impacts
11 that this operation will have in the City of
12 Santa Paula. A good deal for the City of
13 Thousand Oaks shouldn't come at the expense of
14 the health of the Santa Paula community.
15 you.
16 MAYOR CLAUDIA BILL -DE LA PENA:
Thank
Thank
17 you.
18 Next on the phone is Barbara Sponsler .
1 9
20 Good evening. Barbara?
BARBARA (SPONSLER?) (No audible
21 response)
22 MAYOR CLAUDIA BILL -DE LA PENA: Is
23 Barbara joining us? No? Then we will go to the
24 next person via video, Sophia Austin followed by
25 Allegra Roth.
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1 2
3 4
5 SOPHIA AUSTIN : Good evening, Mayor and
Members of the City Council. My name is Sophia
Austin. I've been a resident of Thousand Oaks
for over 40 year s. The City Council should not
take action to award the agreement tonight. The
6 Brown Act requir es the City to include in its
c. e o.. ~
7 agenda the City's proposed ffieA. action prior to 2 :s 1~ \S 8 approving the award.
9 . In a 2013 published case entitled San
-:.)" 00..,~v I Y')
1 0 ,lo a chi m Rapt or Re s cue Cent er v . County of Me r c e d , 2 : S l : 23 11 available at 216 Cal.App.4th 1167 the County was
12 found to have violated the Brown Act for failing
13 to include consideration of a mitigated, negative
14 declaration as part of its public agenda. -po,s-e_J
15 The Council's pooo.d to make the same ""2,_·.c; 1:y '2_ 16 unfortunate mistake here tonight if it takes
17 action rather than vote to continue the item.
18 Even if the Council were to find the award
C, . E;_& . P.. ,
19 categorically exempt from e-e-e-A, it must identify "2:s l ·-£2.. 20 the precise exemption and find that none of the
C. - E . Q . ~ -
21 exemptions listed in~ Guideline Section "2.-: c;.1 ~s;l 22 15300 . 2 apply .
23 A categorical exemption is not
24 applicable when the cumulative impact of
25 successive projects of the same type in the same
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1 place over time is significant. Here , the award
2 to Athens tonight will result in new truck
3 traffic trips and vehicle miles traveled with
4 related direct cumulative air quality and
5 greenhouse gas emissions that have never been
c, ~ E . G.\. . (I)... •
6 considered or studied under 8 E QA--,- including 2,:«.;"2.__?,C) 7 potentially significant cumulatjve ajr quality
8 greenhouse gas and traffic impasse.
The City must take a break, continue
the ite~, and come back once it has properly
9 10
11 12
13 14
~ & 1-r;-e ~ . ~geni2~d all the proposed actions related to the 2~S2;~5 C . t-Q.. . ~ ,
agreement award and carefully consider its .G-E-eA <·
·S
compliance. Thank you. ~ C)
MAYOR CLAUDIA BILL-DE LA PENA: Thank
15 you.
16 We are going to Allegra Roth via video,
17 and our last speaker will be Barbara Sponsler.
18 19
20 21
( ALLEGRA ROTH?)
Mayor and Councilmembers.
Good evening, Madam
Thanks for being here
on a late night talking about waste hauling. My
name is Allegra Roth. I'm an environmental non22 profit professional raised in Ventura County. 23 I'm actually ca l l ing from Santa
24 Barbara, but I am very passionate about municipal
25 waste management and care about my home county,
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1 so I want to chime i n and share some
2 perspectives.
3 I appreciate the due diligence that
4 that the City , staff, and Council have done on
5 this bid and the dedication to SB 1383
6 compliance . There are just two issues I would
7 like to bring up and echo other speakers on .
8 9
Firstly, the location of the vehicle
yard proposed by Athens is important . As
lO referenced, when the vehicle yard will result in
1 1 noise and pollution of dozens of vehicles, the
12 location does need to be considered before the
13 contract is awarded.
14 My understanding of the bid, Athens was
15 going to rely on a location in Santa Paula for
16 its vehicle yard in a building that is not zoned
1 7 industrial in a building they don't own that is
1 8 in a disadvantaged and l ow-income community.
19 The vehicle yard has the potential to
20 cause powerful environmental harm against
21 frontline communities, and the location hasn ' t
22 even been confirmed yet. So, the fact that the
23 -- the location hasn't been decided on is
24 concerning and it does need to be addressed
25 before the contract is awarded.
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1 Secondly, I firmly believe we as local
2 communities need to invest in local
3 infrastructure before handling our waste.
4 Hauling organic waste hundreds of miles away like
5 proposed in Athens' proposal is an antiquated
6 7
8 9
10 11
approach and it's not sustainable for our climate
or for our communities.
Food waste is a resource that can be
made into compost and used to sequester carbon 0Y\
our farmland, to help our county achieve its ·2:~Slf ~ ~ S climate goals, and to help our farmers. So, with
12 the Athens proposal, we are letting this resource
13 go. We're -- we 1 re shipping it out of the
14 county.
15 So, I believe we should keep this food
16 waste in our county, keep the benefits in our
17 county. We have the upcoming Lehman Air facility
18 to produce this compost with local green jobs.
19 Why wouldn't we use it? So, I strongly hope the
20 city considers this in the current and future
21 waste-hauling agreements.
22 And to be able to address these
23 concerns, I ask that the City postpone this award
24 for 30 days and consi der these issues before
25 deciding on the contract. Thanks so much.
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AR000974
1 MAYOR CLAUDIA BILL-DE LA PENA: Thank
2 you. And this was our last speaker. We were
3 having technical difficulties with Barbara
4 Sponsler.
5 6
All right. So we have heard from quite
a few people this evening. I also wanted to make
7 the public aware we have received 141 written
8 statements; 28 were pro- the recommendation
9 tonight by staff, and 107 are against staff
10 recommendation. Six were neutral. And with
11 that , I will now
12 COUNCILMEMBER KEVIN MCNAMEE: Madam
13 Mayor?
14 15
MAYOR CLAUDIA BILL-DE LA PENA: Yes.
COUNCILMEMBER KEVIN MCNAMEE: I have
16 two of my quest i ons have not yet been answered
17 through this whole process, so I wanted to see i f
18 Athens would respond to it.
19 MAYOR CLAUDIA BILL-DE LA PENA: Okay.
20 We can certainly do that before we go to staff to
21 address all of the comments.
~Lrv\
Well, not all of
22 ttte, but many of them.
23 COUNC: LMEMBER KEVIN MCNAMEE:
24 (inaudible)
25 MAYOR CLAUDIA BILL- DE LA PENA:
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Sure .
All
AR000975
1 right. Go ahead. And to whom would you like to
2 direct your questions?
3 4
5 6
COUNCILMEMBER KEVIN MCNAMEE: To Athens
Services directly. One of my questions
MAYOR CLAUDIA BILL-DE LA PENA: Okay.
COUNCILMEMBER KEVIN MCNAMEE: - - I
7 asked previously was the question of , how was
8 that if we're deali ng wi th like expenses, how is
9 Athens able to come in at a lower bid, which I am
10 not objecting to, but I want to make certain that
11 what they ' re proposing is secure.
12 Is this a Walmart-type effect where
13 they come in and underbid using the profits from
14 other Walmart locations to drive business out and
15 then drive the prices back up after all the
1 6 competition is gone? Or is there some magical
17 formula that they're using here? Not to ask them
18 for trade secrets, but I would li k e to feel
19 secure that their competitive bid is going to be
20 competitive .
21 22 Very good.
MAYOR CLAUDIA BILL- DE LA PENA: Okay.
And I think that Mr. Cl ifford is
23 standi ng at the podium to answer your questions.
24 25
GARY CLIFFORD: I am. Thank you, City
Council, for that question . I can tell you that
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1 2
3 Athens is a family - owned company . We don't have
a huge corporate office. We don't have
shareholders. We're privately held, and our
4 price is a rock - solid price where we are making a
5 profit.
6 And the people that know our finances
7 are us. Cesar Torres diligently prepared the --
8 the financial part along with the owners of our
9 company. It is sustainable. I think the staff
10 report did a good job of showing what our average
11 rates are .
12 And for the services provided in the
13 City of Thousand Oaks, along with the
14 infrastructure that we're using, and you can see
15 that the miles we're going to drive are equal to
16 or less than the current miles, we stand by our
17 proposal.
We're not in the busi ness of growing
19 this company and losing money. We're in the
20 business of growing and saving, which we have
21 22
done. Our finances have been vetted by the City,
and this is a rock-solid proposal. So, there ' s
23 going to be no bargain-basement p rice in moving
24 up.
25 The difference between an existing
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1 contract and this RFP process is this is an
2 opportunity for you to do it all at once and
3 extend that over 15 years, which is exactly what
4 we did. So, when you take that cost, that big
5 cost of that 25 to $30 million and you extend i t
6 over 15 years, that has a different impact than
7 if you extend it over seven. And I think staff
8 was insightful, and t hat was helpful to us.
9 So, I want to make this clear to
lO everybody listening tonight because it seems like
11 12
our competitors have issues with our pricing.
just want to tell you this, City Council. Our
I
13 infrastructure can handle this where it currently
14 is. We have proposed even a better
15 infrastructure.
16 I talked to Mr. Camarillo on the phone
17 and we really want to work with your partners.
1 8 If your internal resources can match or beat the
19 prices that we have, we're going to use them. We
20 want to use them, and Mr. Camarillo knows that
21 too.
22 23
24 So, I can guarantee you that this price
is good. I can guarantee you that the prices
'j t:>
w i 11 ~ up by C P I on 1 y , and by the end o f th i s 2 '. S '1 ~ og 25 15 - year contract, you're still going to be lower
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1 than you are today, and that ' s what a competitive
2 3
4 force does. I mean that.
The City staff talked to all of our
communities. They looked at all of the research,
5 and we ' re in good shape, and we're hoping that
6 7
8 you understand that. And I mean that with all my
heart. There -- there is no reason for me to
stand here tonight and make anything up. It's
9 absolutely the truth.
10 11
COUNCILMEMBER KEVIN MCNAMEE: Thank
you. One last question, Madam Mayor. Again,
12 this may be for staff and I'll address it a
13 little bit later. But addressing the CEQA issue,
a...\so
14 which, again , was"not a n swered but perhaps that ·2·.S~!'-{ 2_ 15 could come with the staff ' s response. So, I'll
16 -- I ' ll wait and see if they want to answer that
17 after we go through the other questions by
18 councilmembers.
19 MAYOR CLAUDIA BILL-DE LA PENA:
20 Absolutely. Thank you.
21 All right. We will now go back to
22 staff to have the -- some of the concerns
23 addressed. And to whom should I toss it? is it
24 going to be Ms. Cox or Mr. Finley?
25 DR. HELEN COX: I t can - - I can start
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1 off with addressing some of the questions . I
2 know that a number of questions addressing the
3 fact that our organic waste and often the waste
4 will be going out of the county. There was
5 concern over that.
6 I just want to reemphasize the fact
7 that currently often the waste is going out of
8 9
the county right now. It's not staying in the
county. Our food waste is going up to Kern
10 County to be processed at a composting facility
11 there.
12 There is no permanent food processing
13 facility in the county. When there is one, when
14 there becomes one, which I understand that Bill
15 Camarillo has a composting facility plan for the
16 Leman Air site. There is also the County put out
17 an RFP, and they had a winning company there.
18 They haven't yet decided upon that.
19 But the City of Oxnard is also going to
20 issue an RFP for organics processing at the end
21 22
of this month. So, there will be options for
processing food waste within the county. I
23 expect that Athens will be negotiating with those
24 different entities that are able to open and
25 construct a facility here in the county.
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1 They have not been able to do that yet
2 because they need to be abl e to first get the
3 contract. So, once they have the contract, they
4 will be in the position to negotiate with the
5 entities here in town.
6 In the meantime, our job is to locate a
7 facility where our organics can be processed , and
8 that 1 s precisely what has been done with this
9 agreement.
10 11
I think that Mr. Camarillo raised some
concerns about the RFP process. I believe that
12 we answered that in our presentation tonight more
13 than once, and we did actually allow the other
14 15
entities to answer questions. We did intervi ew
them. They did have a chance to answer our
16 questions .
17 We provided written questions in
18 advance , and we did get -- we did clarify any
19 any points that needed clarifying in -- in their
20 21
22 23
proposal. So that was done.
There was a question about the edible
food recovery support. That will be provided.
That is included in the contract. At no cost to
24 the City, the contractor must provide support to
25 the City's Edible Food Recovery Program under SB
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1 1383. That includes educating commercial food
2 generators, providing records of site visits,
3 doing education, etc. So, they will be partners
4 with the City and the Edible Food Recovery
.5 Program.
6 7 rates.
There was some comments, again, about
I believe that Athens Services has
8 provided fair rates, as you have seen in the
9 comparison with the other cities. But I just
10 showed the rate is not out of the ordinary in any
11 way.
12 And when there were comments made about
13 nowhere -- I think somebody had said earlier that
14 nowhere are the rates being rolled back to
15 16
provide these new services. I guess it depends
where those rates start in the first place. So,
17 the rates that we saw and that we were presented
18 with were fair and reasonable.
19 There was a question about the
20 responsibility and the fines that the City could
21 face if we didn't adhere to the requirements of
22 SB 1383. I'm going to have our consultant
23 Richard Tagore-Erwin take that question.
24 If you can, please, Richard, and let us
25 know what the provisions are in the contract for
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AR000982
1 protecting the City in the case of failing ~o
2 meet divergent requirements.
3 RICHARD TAGORE-ERWIN: So what we have
4 in the contract has been drafted up and reviewed
5 by many attorneys . It is that basically if the
6 contractor, if it's Athens as the selected
7 contractor, if they get the City in a position of
8 non-compliance with the CalRecycle, that they are
9 responsible for all costs associated within the
10 location, consultants, City staff, and any fines
11 that are related to the services that they're
12 doing .
13 Basically, if they ' re not doing their
14 job and the City gets in trouble, they ' re on the
15 financial hook for taking care of the problem.
16 And one more little comment now and I'll le~ it
17 18
19 20
21 22
23 24
25 back to Helen. There was also a question on the l~c<L{ mulch and compost.
The contract does require the
contractor to bring back to the City locally, you
0~
know, that they produce compost and moFe mulch
the City can use, and it'd be - - would be
delivered at a location of the City ' s choice.
That can either be done in the bulk -- bulk items
or bagged items. So that material will largely
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1 be coming back as a finished product to you.
2 Okay.
3 DR. HELEN COX: Thank you, Richard. I
4 think we're going to ask Ms. Noonan to address
5 the CEQA question.
6 7
TRACY NOONAN: Thank you. Yes . Just a
couple of responses. First of all, with respect
8 to the concern over compliance with the Brown
9 Act, just a review of the case that was presented
10 11
tonight, that case actually had to do with the
Gl5~Jl~e
failure of the City Council to actually agcniz~
12 consideration of mitigated negative declaration.
13 This is very different. This is -- the
14 City has provided information in the supplemental
15 staff report indicating that the project is
16 exempt from CEQA. So the case that's being
17 relied upon is not relevant to this case, and
18 there has been no Brown Act violation.
19 20 of itself.
Let's talk about CEQA, though, in and
Thereis been a lot of questions
21 raised about the environmental impacts on this.
22 There's many exemptions that apply to this.
23 There's -- in addition to the supplemental staff
24 report that we -- we prepared for your
25 consideration. There's also correspondence from
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AR000984
1 Athens' outside legal counse l that provides
2 additional sources for CEQA exemptions.
3 4
And -- and to be clear, there - - there
is two very clear exemptions. First of all is
5 ongoing operations with little to no expansion of
6 7
the use. And the second one is an exemption
based on regulatory agencies. Basically, you
8 know, the actions that are taken by regulatory
9 agencies.
10 It's -- it ' s clear that this franchise
11 agreement actually implements the State
12 regulations such as SB 1383 for waste reduction
13 and diversion . It's really important to
14 understand that what you are considering tonight,
15 the City is not procuring a solid waste facility.
16 And Athens ' proposed waste facilities
17 are all previously permitted and have undergone
18 their own CEQA considerations as part of that
19 permitting process. So, yes , if Athens builds a
\o c..o...f
20 losati a n corporation yard to either park or fuel 3:01\0~ 21 or maintain its fleet, that decision might need
22 CEQA review depending on the location zoning and
23 CEP requirements.
24 25
But the proposed services are
consistent with the current services.
Veritext Legal Solutions
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In other
AR000985
1 words, collecting garbage , organics, recyclables ,
2 delivering those materials to permitted solid
3 waste facilities for disposal, transfer, and/or
4 processing. This is really just a continuation
5 of an ongoing operation but with a different
6 contractor .
7 And again , thi s new franchise agreement
8 is meant to be to meet State regulatory
9 requirements. So, under those c i rcumstances,
10 staff believes that the project or the - - the
11 consideration of this agreement is exempt from
12 CEQA.
13 MAYOR CLAUDIA BILL-DE LA PENA: Thank
14 you. Are there -- is - - is going -- is there
15 other staff that will address some of the
16 comments made, or was that all? Because we 1 ve
17 had -- we've heard a lot tonight.
18 CLIFF FINLEY: Madam Mayor, I think at
19 this point , there are some additional questions
20 that we would like to refer back to Athens to
21 answer, specifically about the yard in Santa
22 Paula. And -- and obviously could field
23 additional questions from the Council .
24 MAYOR CLAUDIA BILL-DE LA PENA:
25 Excellent. Thank you.
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AR000986
1 2
MAYOR PRO TEM BOB ENGLER: Madam Mayor?
MAYOR CLAUDIA BILL-DE LA PENA: Yes.
3 Go ahead.
4 MAYOR PRO TEM BOB ENGLER: Bob Engler
5 here. I - - I believe we have a couple of
6 7
questions for staff . I think Councilman Adam may
have a question as well. There was some
8 discussion today, just giving it to staff,
9 probably to Dr. Cox.
10 There was some discussion today as to
11 the feasibility of the -- of the -- the ability
12 of Athens to meet the 1383 regulations at the
13 14
price they quoted. The contract , as I remember
reading it, is 1383 compliant. Is that not -- is
15 that true?
16 DR. HELEN COX: Yes, completely. All
17 the different aspects of the 1383 regulations,
18 the organics collection, the monitoring, the
19 compliance, the reporting, the tracking, and the
'rr\eet
20 requirement to/\.- - the diversion standards, :.he 3~()9 : t3 21 requirement to bring or provide - - procure ~he
22 compost back or the mulch back into the
23 community, which is what Richard just mentioned.
24 25 contract..
All of those aspects are in the
They ' re all included.
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And the
AR000987
1 technology that Athens is using in their trucks
2 with the camera s that can record and monitor the
3 locations and the conten ts of all the waste they
4 pick up, that ' s a huge , huge piece of part of the
5 -- part of the comp l iance , and it automatically
6 goes into a GIS database.
7 They already have it set up. Can
8 generate any kind of reports that CalRecycle
9 requires. So they're set up to do that right
10 now.
11 MAYOR PRO TEM BOB ENGLER: Very good.
12 So , we -- we would expect that there there
13 would be no coming back to us i n a year or two
14 15
saying that 1383 has been too something was in
there that they didn't know about. So , this is
16 fully 1383 compliant.
17 18
19 Adam?
20 21 Mayor.
DR. HELEN COX: Absolutely. Yes.
MAYOR CLAUDIA BILL-DE LA PENA: Mr.
COUNCILMEMBER AL ADAM: Yes , thank you ,
Actually, Mayor Pro Tern Engler did ask
22 one of the questions I wanted to give the
23 applicant a chance to respond to because there
24 was an objection from some of the competitors
25 about AB 1383 and it's already factored into the
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1 price, and they 1 r e going to be able to meet it.
2 I mean, it 1 s a really stringent -- and it's a big
3 shift in how we process.
4 5 answer.
So, any one of the Athens people can
You're completely confident that you're
6 going to be AB 1383 compliant?
7 MAYOR CLAUDIA BILL- DE LA PENA: And
8 that would be a question to Mr . Clifford.
GARY CLIFFORD: Thank you very much.
COUNCILMEMBER AL ADAM: So I was going
9 10
11 to ask Athens. But yeah, Cl i ff can answer that.
12 Oh.
13 14 Clifford.
15 MAYOR CLAUDIA BI LL - DE LA PENA: No, no,
COUNCILMEMBER AL ADAM: I'm referr ing
16 17
18 19
20 to Cliff Finley. Sorry.
MAYOR CLAUDIA BILL-DE LA PENA: No, no,
no. Mr. Clifford.
21 Clifford.
22 23
GARY CLIFFORD: (sound drop)
MAYOR CLAUDIA BILL - DE LA PENA: Mr.
COUNCILMEMBER AL ADAM: Absolutely.
GARY CLIFFORD: We've got a lot of fun
24 wi th names. That's for sure. Sir, I'm going to
25 let you know that this - - this entire process is
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1 being taped - - I mean, recorded, and this is a
2 public document. I'm telling you as 1 stand
3 before you tonight that regardless of what our
4 competitors think, Athens Services stands by
5 their bid, and we are not going to increase the
6 rates over 1383 as to what we have presented to
7 you tonight. And you can play this back, and you
8 can watch it.
9 I understand our competitors might look
10 at it differently, but the one thing that I know
11 12
that they don't is how Athens operates. I know
how our financials look. I know how our drivers
1 3 work in the street, and I know how our team will
14 attack 1383.
15 And you guys have hit a homerun. I I m
16 just hoping that we can clear the bases tonight
17 18
and move on. So thank you.
COUNCILMEMBER AL ADAM: All right.
1 9 Well, since you 1 re there if I may, just one or
20 two others. This business, like Mr. Finley
21 brought up of the trucks, you know, Sun Valley
22 versus Santa Paula, how's that going to work?
23 24
GARY CLIFFORD: Sir, I'm going to bring
the expert up. I definitely have an opinion, but
25 there's somebody more qualified on trucks than I
Veritext Legal Solutions
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l am, so here he is.
2 3
COUNCILMEMBER AL ADAM: All right.
CESAR TORRES: Thank you, Council. So
4 the question ' s been brought up about where we're
5 going to be housing our trucks.
6 COUNCILMEMBER AL ADAM: Yeah.
7 CESAR TORRES: So, multiple times staff
8 has referred to the fact that, you know, if we
9 are awarded this contract, you know , we will
10 pursue infrastructure in Ventura County.
11 And so in Santa Paula, we currently
12 have a one - acre, you know, location or a one - acre 13 yard that sits in a seven- acre parcel. We have
14 the option to expand immediately in Santa Paula ,
15 and we will be doing that after this contract is
16 awarded .
17 You know, it keeps - - we k eep getting
18 the inferment that, you know, competition is
19 really not allowed in Ventura County unless you
20 21
have an infrastructure . We need to start with an
agreement. We need to start with a contract, and
22 then we can buil d upon that infrastructure.
h_ O..VL
23 And we certainly~ the location in - - in 3:'J.~09
24 already identified, which i s Santa Paula. We
25 did anecdotally get a - - a phone call from the
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1 City of Santa Paula and let us know that somebody
2 was inquiring about a maintenance facility that
3 sits adjacent to our Santa Paula location , which
a.s +o
4 is probabl y the one that was being referred to as 3 :13: i.g5 not owned by the same folks that own the Santa 6 Paula facility that we currently operate.
7 COUNCJLMEMBER AL ADAM: All right.
8 I mean, you fee l confident you'll be able to
9 house the trucks in Santa Paula.
1 0
11 CESAR TORRES: Yes, sir, I do.
COUNCILMEMBER AL ADAM: All right .
So ,
I
12 think that'll be an obvious p l us for -- over Su n
13 Va l ley. And just a couple of people asked about
14 the RNG, renewable natural gas infrastructure.
15 You have the capability of using this resource?
16 CESAR TORRES: We do. We currently
17 have two agreements, one with Trillium and one
18 with British Petroleum to actually buy renewable
19 natural gas, and we ' re currently using it in the
20 infrastructure that we have at our Sun Valley
21 facility.
22 We actually fuel up the trucks there
23 locally using snall fill stations. We have the
24 capacity to fue l about 120 trucks or so in that
25 facility. So, yeah, we are currently using
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1 2
3 4
renewable natural gas, and we
\N--e... p~~ -- ~w.e 1 v e tri-e-0. to
qo the same thing as we build the infrastructure
l V'\ a.. s \AJ--e_ l \
u-n-el-e-F Ventura County !--aw--. °3 ', ll\: 2.~
COUNCILMEM BER AL ADAM: Okay. I just
5 -- real quick, if you're awarded the contract ,
6 can you tell us just a little bit about the
7 transition process that you'll provide for t he
8 resi dents?
9 CESAR TORRES: Yeah, of course. So , we
10 have -- you know , we will deploy 45 recycle
11 coordinators six months before the contract
12 implementation to make sure that we hit every
13 single one of the commercial customers.
14 Our intent there is to make sure t hat
15 we ' re right-sizing the clients and that we are ,
16 you know , adjusting their service levels so that
17 they fit into the right waste stream or thac they
18 actually have t h e right amount of -- the bins and
19 the right pricing to be able to pick up the --
20 for the clients.
21 22
So , that -- that ' s part of the --
that ' s part of the roll-out. You know, the
23 initial roll - out is having that con versation.
24 Obviously , from a residential
25 standpoint, we ' re also going to be executing on
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AR000993
1 mailers and proactive phone calls to make sure
2 that we have the proper service level for the
3 residential customers as well.
4 COUNCILMEMBER AL ADAM: Yeah . Okay. I
5 mean , obviously, a smooth transition would be
6 7
vital. You know what they say, first impressions
are lasting. So, you feel confident that you can
8 execute a smooth transition --
9 10
CESAR TORRES: Yes.
COUNCILMEMBER AL ADAM: - - if awarded
11 the contract.
12 CESAR TORRES: So, we do . We - - we --
13 I 1 ve got plenty of experience with transitions,
14 and we are known for the flawless execution that
15 we're able to provide.
16 17 Thank you.
18 19
20 21
22 Mr. Jones.
23 for me?
24 COUNCILMEMBER AL ADAM: All right.
CESAR TORRES: Yep.
COUNCILMEMBER ED JONES: Madam Mayor?
MAYOR CLAUDIA BILL-DE LA PENA: Yes,
And
COUNCILMEMBER ED JONES: Are you ready
MAYOR CLAUDIA BILL-DE LA PENA: Yes.
25 just see that Mr. Engler still has his hand up.
Vei:itcxt Legal Solutions
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I
AR000994
l Did you have additional questions?
2 3
4 MAYOR PRO TEM BOB ENGLER: Yes, Madam
Mayor. I do, but Councilmember Jones has been
quietly sitting by while we talk. So, let -- let
5 Councilman Jones go.
6 MAYOR CLAUDIA BILL-DE LA PENA : And he·
7 has .
8 And so, go ahead, Mr. Jones.
9 COUNCILMEMBER ED JONES : Are you
10 implying I 've been unusually quiet tonight? Al,
11 my mother used to say you have only one
12 opportunity to make a first impression, and I
13 think that's probably a correct statement.
14 You know, I have this list of things
15 that the -- the ones who were detractors of your
1 6 bid and your -- and the process, and so forth.
17 And I ' m speaking to the folks from the Athens
18 company.
19 As far as - - I 'll just tic these off
20 quickly because I think most of them have been
21 answered. But if -- relative to the rates, one
22 of the letters, I think it was from Waste
23 Management, pointed out that in some of your
24 cities you have higher rates . And they were
25 implying, or maybe even more than implying, that
Veritext Legal Solutions
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AR000995
1 this is sort of lost leader perhaps that you 1 re
2 pro posing to Thousand Oaks, and you just can 1 t
3 wait to, you know , quickly say that you need
4 higher rates.
5 Now , I know we heard that the contract
6 would make it very hard or maybe impossibl e , but
7 they find o u t places I don ' t have t he whole
8 list -- Temple Ci ty , I think Redondo Beach , South
9 Pasadena are -- is this apples to apples , or is
10 this apples to oranges , or what?
11 12
GARY CLIFFORD: Councilrnernb er, this is
Gary Clifford. I appreciate Waste Management ' s
13 interest in our company, but they 1 re very much
14 unfounded and absolutely misleading to you. ~ 1'.\1'-S'7 15 I'll give you just a couple of examples .
16 17
18 19
20 First off, our rate is great and you ' re
going to enjoy it. And our rate is appropriate
--tho...t'--/~lA... '2- 1 \ c.1,_0 , for the services they. are asking and for SB 1383. ~ . ~ - ~ To say that the services that you have are like
South Pasadena is actually disingenuous and it 1 s
21 misleading to you , and I'm sorry t h at happened.
22 23
South Pasadena is a city that has a
valet backyard service. And we physically go
24 into their back yards, pick up their trash cans,
25 carry them out to their front yard, dump it in a
Veritext Legal Solutions
866 299-5127
AR000996
1 small truck that we call a - - a burrow truck, a
2 BYS truck. That little truck has a split bin.
3 It drives to another location, dumps half of its
4 load in one mother truck and half of a load in
5 another mother truck, and then they drive to our
6 processing center .
7 8
9 10
That is quite a different service.
It 1 s very much worth the $40. It 1 s probably
~'-{
worth $50, but we're so competitive that i:v-sl have
a great rate. Some of the other cities that were
1 1 in front of you are mixed waste processing
12 cities, which is a totally different kind of
13 service than you have that is source separated.
14 I think that I wrote a very, very
15 pointed letter to you and your staff that
16 explained all that, and actually showed the
17 cities that are comparative to the services that
18 you have, and our prices are lower in those
19 cities than the ones that we offered you.
20 So, sir, I would like to tell you first
21 off, thank you for bringing that up.
22 Secondarily, Athens is doing the right thing for
23 your community. And the reason that we can do
24 that is because you're allowing a competitive
25 force . Had you not done that; they would be
V eri text Legal Solutions
866 299-5127
AR000997
1 paying either 34 -- $36 or $33 depending on wha t
2 you ' re doing.
3 I appreciate the fact that you vetted
4 this out, but your staff took us to the task. It
5 was not an easy process, but I'm proud of Athens,
6 and I 1 m proud of what they've done.
7 8
COUNCILMEMBER ED JONES: So the answer
to my question is no then. It's not a loss
9 leader.
10 GARY CLIFFORD: It is not a loss
11 leader . We're going to make money on this
12 account, sir .
13 COUNCILMEMBER ED JONES: Okay . The RFP
14 process I think other people have pointed out
15 16
17 that we didn't take enough time. I can't buy
that, but if we
we went out for
a final renewal with a -- and
for the -- you know, the last
18 and best bid was, what six, eight months ago or
19 something? I think that's probably enough time,
20 so I don ' t believe we need to continue it another
21 30 days.
22 Your company seems to have very good
23 credentials. I ' ve -- I -- I believe you ' ve shown 24 that you're not going to have trouble sustaining
25 yourself in this contract. Somebody said that
Veritex_t Legal Solutions
866 299-5127
AR000998
1 you might be liable for fines . Did you -- did
2 you catch that, and do you have any idea what
3 they meant about fines?
4 5
6 GARY CLIFFORD: I did, sir, and I think
they're speaking to our compliance to 1383. Our
company's been around for 65 years. All of our
7 communities are compliant. We're responsible for
8 any fines due to actions. I think your
9 consultant explained that.
10 And so, again, that was just another
11 misspeaking statement to make you afraid to try
12 to make a change for the better. I think people,
13 mostly trash haul ers, were trying to -- to make
14 15
16 17
18 you guys a little bit nervous about making a
change . And I just want you to know that change
'r~'f is -Bly business, and I look forward to making you •~·.2\'.~I guys feel great about making a change.
COUNCILMEMBER ED JONES: Yeah. Okay.
19 Finally, I ' ll -- I'll just echo what was said
20 earlier about your new yard that you're
21 proposing. So, do I take it you're planning to
22 leave the yard for these particular trucks if you
23 get the contract for Thousand Oaks, and leave the
24 Sun Valley site and go to Santa Paula?
25 correct?
Veritext Legal Solutions
866 299-5127
Is that
AR000999
1 2
GARY CLIFFORD: We currently have a
site in Santa Paula that's one acre. It ' s
3 expandable up to seven acres with a conditional
4 use permit already in place, and we 1 re in
5 negotiations with the owners.
6 7
8 And if you visited any of our truck
yards, you 1 d be very proud of them. Your staff
has. They are second-to-none in the industry,
9 and you'd be proud of that yard if it was in your
10 city. And if we have an opportunity to do that
11 someday, we will.
12 COUNCILMEMBER ED JONES: Well, they
13 implied that you might be -- somehow harm the
14 neighbors with noise or -- or smog or something.
15 Do you have nearby neighbors to that yard that
16 might be impacted?
17 GARY CLIFFORD: Industrial area right
18 next to the freeway, and we -- we get right on
19 the on-ramp and -- and go right out to your
20 community.
21 COUNCILMEMBER ED JONES: Okay. Well,
22 and finally, I 1 m also on the board of the Ventura
23 24
25 Regional Sanitation District. And I asked our
attorney if I have a conflict of interest here
because we -- we wouldn't mind having you
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To f()...,1\..J
1 considering using 41-elaH Landfill rather than ~:2~:~7 2 Calabasas.
3 4
5 Stop me, Madam Attorney, if I'm getting
in dangerous grounds here. But
MAYOR CLAUDIA BILL- DE LA PENA : I ' m
6 looking at the City attorney.
7 TRACY NOONAN: You're fine,
8 Councilmember Jones.
9 10
MAYOR CLAUDIA BILL-DE LA PENA: Okay.
TRACY NOONAN: Again, it's just a
11 matter of disqualification for consideration in
12 some future decision.
13 COUNCILMEMBER ED JONES: So, if they
14 haul me away to a booby hatch or somewhere,
15 you'll come with me?
16 TRACY NOONAN: I'll come with you.
17 I'll come with you.
18 COUNCILMEMBER ED JONES: The -- is
19 there any chance, sir, of -- and this is not a
20 quid pro quo, but is there any chance that you
21 might consider using Toland Landfill?
22 23
24 GARY CLIFFORD: Thank you,
Councilmember. I will answer that question just
like I did Mr. Camarillo. We will have the
25 opportunity to bring a lot of tonnage, whether
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AR001001
1 it's trash, recycling organics to someone who
2 3
wants to negotiate with us. If that would be
Toland Road , we would be thrilled with that. We
4 are -- we have a definite plan that is less money
5 than your current infrastructure by a big -- by a
6 big amount.
7 And as we develop our infrastructure,
8 we will be talking to Toland Road, to Mr.
9 Camarillo, we 1 re even going to talk to Waste
10 Management about Simi Valley once we have the
11 authority to do that, and we hope to even enhance
12 it more.
13 Our goa l is to make sure that net-net
14 there is more opportunity in Ventura County than
15 not. So , the answer to your question is there's
16 an absolute chance that Toland Road could be the
1 '/ beneficiary for trash.
18 COUNCILMEMBER ED JONES~ Well,
19 20
21 I 1m glad to hear it. I hope it works out.
22 much .
23 24
25 right.
GARY CLIFFORD: Thank you.
COUNC:LMEMBER ED JONES: Thank you very
MAYOR CLAUDIA BILL-DE LA PENA: All
Thank you.
We go back to Mayor Pro Tern Bob Engler.
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1 MAYOR PRO TEM BOB ENGLER: Thank you,
2 Madam Mayor.
3 4
5 Mr. Clifford, thanks for taking all our
questions. Appreciate it. I've got a couple of
specific questions. Citizens have reached out to
6 me with some specific questions, but before I get
7 to that, I want to get back to this idea that as
8 one of the -- one of your competitors said, your
9 b i d is too good to be true.
10 And -- and I know you've covered this
11 ground already, but can you give me an idea going
12 forward from here what type of things would cause
13 you to come to the City and ask for a rate
14 increase?
15 One of the -- one of your competitors
16 let me know that there's been several, Temple
17 City, Norwalk, West Covina , West Hollywood over
18 the last few years where you've come to those
19 cities for increases in - - in the rate. Could
-fv,\bS.-e.
20 you give me some examples of the types of things 3 :LS :~( 21 that would incentivize you to come to us fo~ a
22 23
24 rate increase? X ~ \\\ S~-r.
GARY CLIFFORD: ~ Thank you. I remember 3 :25:~~
a story when you said t oo good t o be true. I met
25 my wife about 36 years ago, and I thought she was
Yeritext Legal Solutions
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AR001003
1 too good to be true, and that relationship has
2 lasted 37 years, and this (sound drop) will also.
3 I can --
4 MAYOR PRO TEM BOB ENGLER : We'll have
5 -- we'll have to take the reference from your
6 wife then, okay?
7 GARY CLIFFORD: Yeah. Thank you .
8 can te l l you that every waste hauler, Waste
I
9 Management included who is inquiring about this,
10 has raised their rates. In Manhattan Beach, I
11 was at the same RFP that Mr. Corcoran was at, and
12 they raised their rates 50 percent in Manhattan
13 Beach .
14 I ' m just telling you that in some
15 communities based on the structure of their
16 current contract , they call us in , and they want
17 to restructure the contract. Part of that
18 restructuring is getting more years on the
19 contract, including things like 1383 and other
20 unfunded State mandates that your staff and the
21 consultant can s alk to you about.
22 So , in a community where we have a
23 longer-term con~ract and we have to renegotiate
24 those things, t h e answer is absolutely. They
25 call us in, we do something that ' s mutually
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AR001004
1 beneficial, and all of those are within the same
2 scope and percentage for all the waste haulers,
3 not just Athens.
4 We have done nothing different than any
5 of the other waste haulers. And fact of the
6 matter is, one of our owners has a slogan that I
7 8
really like. And he says, Gary, we 1 d rather make
a slow nickel than a quick dime. And most of our
9 increases have been a percentage less than the
10 industry has done in exchange for longer term
11 contracts because our cities understand that
12 longer term investment like you did is better for
13 us.
14 15 all do it.
So, the answer to you, sir, is that we
The only person that 1 s complaining
16 about it is one of our competitors, and I think
17 you should take note of that.
18 19
MAYOR PRO TEM BOB ENGLER: Thank you,
and I appreciate that. Let me give you a
20 specific question that one of our citizens came
21 to me with that frankly I hadn't thought about.
22 Part of what you 1 re offering the City
23 is curbside hazardous waste pick-up, and this
24 citizen was concerned that that's a bad idea to
25 have hazardous waste on the - - on the curb in
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AR001005
1 front of houses where kids are walking by and
2 that sort of thing. How do - - give me an idea of
3 how you look at that and make sure that that's a
4 safe operation?
5 6
GARY CLIFFORD: That's an excellent
observation, and it's not really curbside. We
7 come to the curb. So, what happens is the
B customer will call up, and I think it's four
9 times a year as I recollect.
10 If you have four gallons of paint that
11 you're not using anymore, you will take that
12 paint, you will put it in a safe location on your
13 front porch or back from the street somewhere
14 where it's not unsightly.
15 Then our crew will come by, stop at
16 your home, come to your front door, or whatever
17 arrangement you made over the phone, retrieve
18 that, package it in a special way, and then send
19 it to be manifested and taken to a hazardous
20 21
waste location. At no time in this process is
any hazardous waste household hazardous waste
22 left at the curbside in the street.
23 MAYOR PRO TEM BOB ENGLER: So, it
24 remains under the homeowner's possession, really,
25 until you show up with it.
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1 GARY CLIFFORD: That's affirmative ,
2 sir.
3 MAYOR PRO TEM BOB ENGLER: Okay. Then
4 another -- another compla i nt had to do with your
5 billing practices and the charging of interest on
6 unpaid bills. Is that something you do as a
7 business practice? And how rigid are you on
8 that?
9 GARY CLIFFORD: No , sir. In fact,
10 during the COVID period, you would be surprised
11 at the amount of money we're carrying in our
12 receivables and forgiving and doing other things.
13 We do not charge that, and that's an absolutely
14 false allegation.
15 16
MAYOR PRO TEM BOB ENGLER: Thank you.
I apprec i ate that. And - - and you know , coming
17 from a non-profit background as I -- that I am,
18 19
20 many of the non-profits in town have been
enjoying a privilege with Waste Management, who
~ \ ,J°n'"' 0..
have been 9 e tt:i:-a g portable and disposable trash 3 :'2..~~~~ 21 cans for different -- different events .
22 23
We have a street fair and different
events in town for our non- profits. Is that
24 something you also would continue doing, or -- or
25 how would you approach it?
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AR001007
1 GARY CLIFFORD: Mr. Mayor Pro Tern, you
2 have not seen the likes of our philanthropy in
3 your communities, and we have some of the coolest
4 temporary cardboard boxes you're ever going to
5 see. We supply those to our non-profits and with
6 liners for free.
7 8
9 10
We even offer a service to pick them up
and replenish them.
community we serve.
call to get them, or
I do it every day in every
And it just takes a phone
or -- actually, in your
11 community now, which is very cool, Matt Trouts,
CA. \\
12 who is on this ~, is going to stock them in ~.:3\)·~ so 13 the sustainability center, and the non-profit
14 would just have to go right in there and interact
15 and get them. And we and we give those for
16 free to our customers.
17 MAYOR PRO TEM BOB ENGLER: Okay. Thank
1 8 you. That's -- that 's all my questions. I
19 appreciate it.
20 21
GARY CLIFFORD: Thank you.
MAYOR CLAUDIA BILL-DE LA PENA: Do any
22 of my colleagues have any additional questions
23 24
before I ask questions? Okay.
Then what -- the question I have for
25 Mr. Clifford - - please stay at the podium there
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1 2
3 4
5 6
7 is you mentioned that you have trucks in Sun
RN~ ·1•,3t ', ,-... r Valley, which are fueled with the NR-6-- in Sun .::l u'o Valley. You are considering moving trucks that
you will be using in Thousand Oaks to Santa
Paula, however . Does your property in Santa
~~l\~ Paula have fue l~ stations that are RNG? '?> :3 (: '2o GARY CLIFFORD: It doesn't have them in
8 place right now and we're in negotiations to put
9 them in place. We also have facilities that we
10 can fuel our trucks near that location with RNG.
11 MAYOR CLAUDIA BILL-DE LA PENA: If you
12 were to install the RNG in Santa Paula, does that
13 require - - I would imagine it requires ~ ~j ', 3l ', "{o 14 environmental review, maybe some sort of approval
15 process through the City. Do you have any
16 information about that?
17 GARY CLIFFORD: I know that we would go
18 to the City's Planning Department like we would
19 in any other community. And typically that is --
20 that is exempt from CEQA with a mitigated
21 negative declaration, and typically you would not
22 have to do that. But that is something that
23 would happen, you know, under the guise of the
24 city that we were in and their planning and
25 redevelopment laws and ordinances and
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1 regulations.
2 MAYOR CLAUDIA BILL- DE LA PENA : Do you
J have a plan B for that?
4 5
GARY CLIFFORD: We do - - we have -- our
proposal is flexible . I can bring Cesar up if
6 you ' d like, but we have a few different ideas as
7 we move forward with this. Our idea in Santa
8 Paula is solid. We also have our - - our Sun
9 Valley yard if we need to use that, and we have
10 other options .
11 We ' ve - - we've talked to the City a
12 couple of times about key pieces of property in
13 Thousand Oaks and in the surrounding areas . In
14 fact, we had a piece of property in Simi Valley
15 that was in escrow for a while. So, we're
16 diligently looking at that.
17 But our plan is solid to start this.
18 And as we get started and move towards migrating
19 more towards Ventura County , there'll be bigger
20 and better things to come .
21 22 you .
MAYOR CLAUDIA BILL - DE LA PENA: Thank
The reason I'm asking this i s because Santa
23 Paula already contacted counci l members -- well ,
24 me, and I'm not sure if other councilmembers
25 heard from them as well, with concerns about the
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1 environmental impact of those trucks in Santa
2 Paula. And I want to make sure then that if
3 if there should be a problem with that, that
4 there are other options for you.
5 GARY CLIFFORD: There are, Madam Mayor,
6 and I promise you that when you guys did a
7 background check on us that we are good neighbors
8 to all of our communities, even the ones where we
9 have our material recovery facilities.
10 And we will make you proud no matter
11 where our yard i s, and we will meet with all
12 neighbors, town hall meetings, whatever we need
13 to do to mitigate any concerns .
14 MAYOR CLAUDIA BILL-DE LA PENA: And
15 then lastly, I know we've been at this ad
16 nauseum, but I need to ask it . A comment was
17 made that this proposal, or the rates are not
18 tethered to rea l ity. And so you ' ve already
19 stated it numerous times, but I want to hear you
20 say that this is indeed something that is
21 realistic.
22 23 again.
GARY CLIFFORD: Madam Mayor, thank you
That's a good closing statement. Make
24 sure your recorders are turned on because I want
25 you to hold me to this . I would tell you this,
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1 that your current rates and the rates that were
2 proposed to you in your MOU are not tethered to
3 reality.
4 5
I look at the other side of the coin,
and I don't know how else to say that. I was - -
6 I've been sitting in your City Council chambers
7 when - - before COVID and watched this decision,
8 and -- and really paid attention to what you were
9 saying . And I was appalled in the industry in
10 general about the lack of competitiveness.
11 And you know, when you guys started
12 talking about going to bid, I just saw a breath
13 14
of fresh air, and I I took that opportunity.
And our owners watched it on TV also. We just
15 took the opportunity to throw our hat in the ring
16 because we were already in Santa Paula, and I
17 think it turned out well.
18 But I want to be very clear with you.
19 I think that rates in the mid- 30s going up to $40
20 per home are way out of line, and I think our
21 22
23 rate is right where it needs to be. We're going
to make money. You're not going to be
disappointed with us. Your - - your non - profits
24 and schools and community are going to benefit
25 from our presence.
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1 2
We have a great team, and I'm going to
say this for the last time. I'm very proud of
3 the Arakelian family and Athens Services and our
4 employees for helping us come up with this great
5 bid.
6 And I'm going to round it up to --
7 well, I'll round it down to 24 bucks. That's a
8 great rate. It's going to sustain our company,
9 and you're going to be proud of the decision if
10 you make that tonight.
11 MAYOR CLAUDIA BILL-DE LA PENA: Thank
12 you, Mr. Clifford.
13 14
I think we have heard now from everyone
and had all of our questions answered. Do my
15 colleagues have any additional questions for
16 staff perhaps? I'm looking at
17 DREW POWERS: Madam Mayor , I think Dr.
18 Cox had one more point
19 20
2 1.
22 is she?
23 24
25 see her.
MAYOR CLAUDIA BILL- DE LA PENA:
DREW POWERS: -- just to make.
MAYOR CLAUDIA BILL- DE LA PENA:
DR. HELEN COX: Yes .
MAYOR CLAUDIA BILL - DE LA PENA:
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Okay.
Where
I don't.
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l
2 going to
3 4 you go .
5 DR. HELEN COX: I'm sorry. I was just
MAYOR CLAUDIA BILL-DE LA PENA: There
DR. HELEN COX: -- say that, you know,
6 Council has approved rate increases in the -- in
7 the past and with our current contracts that are
8 based on extra -- what ' s called extraordinary
9 rate increases .
10 In fact, since 2017 , between 2017 and
11 2020, Council approved two extraordinary rate
12 increases amounting to a 19 percent rate increase
13 over three years. And those were on the basis of
14 recycling costs that the increased processing
15 costs at the facilities, and also on the basis of
16 increased green waste tipping fees and processing
17 costs associated with them.
18 So , my point is that the new contract
19 20
has only allows for rate increases when there
are material changes in laws. It doesn't allow
21 for them in tipping fees so it's more stringent
22 than what our current contract is. So, they
23 would only be processed if there were changes in
24 law that would require that.
25 And this is common. Most cities, most
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1 contracts will allow for, you know, justifiable
2 increases in rates when they 1 re based on
3 circumstantial changes . So , if the State was to
4 come down with a man d ate that required new
5 services, etc . , the contract does allow for that ,
6 but they wou l d have to be, as I said, material
7 changes in law.
8 MAYOR CLAUDIA BILL - DE LA PENA: Thank
9 you. All right . I believe that we had all of
10 our questions answered , so we can open it up for
11 Council discussion and/or a motion .
12 Mr . Adam , you unmuted yourself already .
13 So did Mr. Engler.
14 15 Mayor.
16 COUNCILMEMBER AL ADAM : Thank you,
MAYOR CLAUDIA BILL-DE LA PENA : And Mr.
17 McNamee too.
18 1 9 also.
20 21
22 Al l right.
COUNCILMEMBER ED JONES: And I did
MAYOR CLAUDIA BILL- DE LA PENA: Okay.
Go at it.
COUNCILMEMBER AL ADAM: All right.
23 Anyway , first of all , I want to thank all the
24 applicants. This has not been an easy process ,
25 and it took a lot of time and effort on - - on
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1 your parts. And I want to thank Waste Management
2 and Harrison for the years that they have - - of
3 service that they've given our city. They've
4 done a good job.
5 I have to tell you I am proud to be on
6 a Council that, for the first time ever, chose to
7 go out into the open market with a request for
8 proposal and test that market and see what we
9 could come up with for our residents as far as
10 service and rates and value.
11 12
With the assistance of staff and the
consultant, we did just that . And I think this
13 package that Athens has put together is pretty
14 compelling. A 34 percent rate decrease for our
15 residents with a lot of new services that we're
16 17
not getting now -~ hazardous waste pickup at your
home rather than'5~~n.~ t to the municipal service 3 :3~ '-I / 18 center , a bulky items pickup days, landfill free
19 days, you know, the list goes on and on.
20 And I -- I want to thank Athens for
21 tailoring some of the benefits to our city that
22 23
they have done in this proposal. I think the - -
the process was fair. I think we gave everybody
24 enough time to put their best foot forward, and I
25 think we had a very competitive process .
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And the
AR001016
1 -- the open market wins again, I guess you could
2 say, because it does look like, to me, that the
3 best benefit here is - - is Athens.
4 And I - - I will say this as well. It's
5 - - and listening to Athens tonight, I don't think
6 they ' ve ruled out any possibility of partnerships
7 with some of the existing haulers, whether it's
8 Harrison at their recycling plant in Ventura, or
9 the new facility that Agromin wants to build in
10 Santa Paula, or maybe the Simi Valley landfill
11 and Waste Management.
12 I mean, it ' s a business decision. The
13 prices would have to be right, but there's a
14 potential there, and I think Athens is open for
15 that. But I -- I have to say that they have
16 convinced me that this would be the best way to
17 go for our residents. And with that, I will make
18 a motion that we do accept staff ' s recommendation
19 to go with the contract with Athens.
20 MAYOR CLAUDIA BILL-DE LA PENA: And Mr.
21 Adam, you need to include the amendment in our
22 supplemental packet, which is to find the award
23 of the Exclusive Solid Waste Franchise to be
24 categorically exempt from CEQA .
25 COUNCILMEMBER AL ADAM:
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That's
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1 2
included . Thank you, Mayor .
MAYOR CLAUDIA BILL-DE LA PENA: Thank
3 you .
4 Mr. -- Mayor Pro Tern Engler.
s
6 7
MAYOR PRO TEM BOB ENGLER: Thank you,
Madam Mayor. First off , I want to thank the
staff. The staff had an outstanding effort over
8 the past -- I think it ' s been 1 5 mo n ths , 12, 14 9 months or so, that this process has been
10 underway.
11 We - - we gave the go ahead for -- for
12 this to happen a good year ago, so it's been a
13 hard it ' s been a good, good effort on their
14 part , and I appreciate the effort put in by our
15 -- by our contractors as well.
16 17
I - - the
s l ings and arrows.
the staff did take a few
People were sometimes saying
18 that they did not do an adequate job or did not
19 20
do an adequate vetting. I know that our staff
does a good job. And rest assured -- the
21 citizens can rest assured that they did do due
22 diligence, and I appreciate that, that they've
23 rose to the task again.
24 With that said, I think coming into
25 this process, I think Athens had a real hill to
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1 2
climb. In this town , both Harrison and -- and
Waste Management, have a sterling reputation. I
3 think we're at a 95 percent approval rate in our
4 surveys. People like the service that they've
5 been given , and they 've been a b ig part of our
6 community for a number of years. That hill is a
7 very steep hill.
8 That said, when the -- when the -- when
9 the information came out and the rate was
10 substantially lower, it behooved us to really
11 take a close look at it in t erms of is it -- is
12 it a doable rat e. I did -- for those who don't
13 remember, I was a firefighter in the City of
14 Redondo, so I did call my friends in Redondo
15 Beach, both citizens there and the City staff.
16 The citizens are very happy with the service.
17 The City staff said there had been no
18 problems with Athens, that they were very
19 responsive and a phone call away any time they
:r htAve..
20 needed them. I called,/\a friend who was a 3' .. '1~ ~ 3 ( 21 property owner in Wittier, another area serviced
22 23
by Athens . This -- this particular individual
has a personal home. He has commercial
24 properties, he has rental properties for
25 residential. He had nothing but good things to
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1 say about Athens.
2 So , I -- I did do a little bit of
3 backgrounding on Athens myself just to follow up
4 to see if these were types of things that we
5 could trust coming from o u r - - from our staff and
6 from the applicant.
7 Then again, there's the cost. The cost
8 is substantially less, and it behooves us as the
9 Ci t y Co u n c i 1 t o 1 o o k f or ways for us to de 1 iv er 3 >f"i '. ( S 10 service to our citizens at - - at a less cost.
()._
11 They have delivered on this 9 , $10 or so ~ 3 u. '"1, ·. ,'-{: '-'~ 12 month per -- per household, per residential
13 household. This is not a n ything t o discard
14 lightly.
15 Another big thing for me. I was
16 involved with , as a -- as a labor leader when I
17 was working working that they're going to take
w h-.::>
1 8 care of any employee that wants to come to their ~ :'\'-<'-i~ 19 20
business and work. They - - the employees have
that option . They will receive compensation to
21 go there, and it seems that the compensation that
22 is available at -- at the - - at the -- at Athens
23 is adequate.
24 25
One big thing for me is they are going
wi th the RNG. This is a way we can take one more
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AR001020
1 step toward being a good steward of our
2 environment. All total, I think they have made
3 the case that we should change to another
4 location or another vendor .
5 I -- I was asked by several emails
6 today to postpone this. In my own mind I thought
7 if -- if they answered my questions to my
8 satisfaction, I see no reason to postpone, and I
9 would concur with my colleague.
10 MAYOR CLAUDIA BILL-DE LA PENA: Thank
11 you, Mayor Pro Tern Engler.
12 13
And next Mr. Jones.
COUNCILMEMBER ED JONES: Yes. I would
14 just like to agree with Mr. Adam and Mr . Engler .
15 I got a strange phone call this afternoon. I've
16 listened to it on the answering machine, and this
17 gentleman is up in arms that we might consider
18 going with Athens . He didn't want his tax money
19 to go into L.A . County.
20 21 we
No tax money is goin$ anywhere. But if
\;v-loo~S \lke. \Nt:..- 3 u
approve this, which w e mo s t like ly. will, we're :16 ~\'1- 22 just going to be saving the ratepayers a lot of
23 money. We 're going to be saving them about a
24 third of what they ' re paying now, and I don't
25 want to add insult to injury by telling Waste
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1 Management and Harrison that they didn't do a
2 very good job of -- of satisfying this RFP, but
3 they didn ' t do a very good job.
4 I mean, I know these companies ,
5 particularly Harrison, and I think they were a
6 little bit asleep at the s witch. If - - if Athens
7 can do this coming in from another cou nty at twos thirds of what we're paying right now, just think 9 about that.
10 If if say Harrison or Waste
11 Management were at two-thirds right now of what
12 Athens is proposing, that means that their rates
13 have been 50 percent higher than they should 1 ve
14 15
been . I n other words, if you add one-third to a
third, you get two - thirds . You've got what
16 they're charging now.
17 18
So, I think they were -- I think they
would have to if they search their -- well, I
19 don't want to belabor this, but I believe that
20 they were high of what -- you know, higher than
21 they should've been. And I would like to have
22 seen t hem do better with their proposal because I
23 -- I knew the founder of Harrison very well.
24 Elmo Harrison , he was a very good friend of mine,
25 and I'm sorry.
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1 As I keep reminding you, probably
2 getting sick of my saying this, but I was here
3 when we decided to go out for rates, and Harrison
4 was one of the three original companies. And
5 they're a fine outfit, and I admire the Harrison
6 family, so I'm sorry. And I'll conclude by
7 saying that I intend to support the motion.
8 Thank you.
9 MAYOR CLAUDIA BILL-DE LA PENA : Mr.
10 McNamee.
11 COUNCILMEMBER KEVIN MCNAMEE: Thank
12 you, Mayor Pro Tern. I find it hard to believe
13 that in our city that has been around for as many
14 years as we've had that this is the first it's
15 going out to a competitive bid, and I'm delighted
16 that it did because it's the open market that
17 will determine the price for the greatest service
18 for a product resulting in what we 1 re now seeing
19 as a tremendous savings for our ratepayers here__ ~ :~~'.'--iO 20 for trash hauling pickup.
21 22
That 1 s goipg to keep approximately $5
°'--h f\ u IA l \ '--f ( If\ 0 \A.f" G,\ ~
million :in: oar c1t)i annaal:1:y to stimulate the 3~ ~i: '-{6 23 economy, and that winds up to be approximately
24 $40 per person, man, woman , and child, in the
25 city. So, that's going to boost our economy.
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I
AR001023
1 highly recommend that we look at that as a -- a
2 strong factor on the selection here.
3 They have a good reputation, Athens
4 does, regarding the service they've done in other
5 cities, have been accommodating. No complaints
6 that were significant, and that tells me that
7 they are a quality company coming in who can
8 9
10 deliver on their promises.
Waste Management and Harrison have Aa 3,
., .. ½ 0
wonderful job for this city, and it's done a ,:~
11 terrific service to us for many, many years, and
12 13
thank them very much for that. But I look at,
again, lower rates. They're going to offer jobs
14 to the current waste-hauler employees to come
15 over to Athens, which I think is wonderful.
16 that way it keeps them employed and keeps the
17 money in Thousa~d Oaks.
So
18 I enjoy the concept of its privately
19 owned as compared to shareholder owned. Because
20 every time we would pay our rates for waste21 hauling, those moneys would be leaving our 22 community going to shareholders around the world.
23 Whereas now, their rate reduction is going to be
24 benefiting the people of Thousand Oaks.
25 And I'm just delighted that this is an
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1 2
3 opportunity for us to make a difference . I wish
it wasn ' t 15 years.
or 7-year contract.
I wish it would've been a 5 -
They went with a straight4 line depreciation for 15 years as compared to an 5 accelerated deprec i ation rate, which could ' ve
6 come in at five to seven years, depending on
7 which accounting method they wanted to use that
8 would've met at the same end.
9 Because I think 15 years is too long
10 for an agreement such as this because you miss
11 12
13 the competitiveness. It chases away other
competitors.
negotiated .
However, that's what was
I wasn't part of the Council at the
14 time that this went out.
15 16
As a request for a proposal , I wou l d've
n egotiated for a shorter term . However, that's
17 -- it is what it is, and I look forward to the
18 vote when it comes down here in a few moments.
19 20
21 22
23 Back to you, Madam Mayor. thank you.
MAYOR CLAUDIA BILL- DE LA PENA: Thank
you very much. I think that my four colleagues
have summed it up quite well. This is a first in
the City of in the City of Thousand Oaks. It
24 was time, high time, t h at we actually conducted
25 an RFP in order to get the most valuable service.
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1 The -- I believe that Athens has proven
2 that they mean business, they ' re serious about
3 setting ~ roots here in the City of Tho usand 3\S{ ·, IS 4 Oaks. I , of course , am saddened that long- time
5 providers Harrison locally owned and operated was
6 not competitive enough , but that is the open
7 market , basically.
8 9
And I would like to just sum this up by
saying thank you to the Harrison family. Thank
10 you to Waste Management , and I would like to call
11 for a vote.
12 13
COUNC I LMEMBER ED JONES: Madam Mayor?
MAYOR CLAUDIA BILL-DE LA PENA: Mr .
14 Jones?
15 COUNCILMEMBER ED JONES: I would like
16 to , if I may, compliment you because I remember
17 that first meeting we had on this about a year
18 and a half ago , and I -- I thi n k you were the
19 strongest person to speak in favor of going out
20 for better bids . So , I - - I'd like to recognize
21 you for doing that.
22 23
24 MAYOR CLAUDIA BILL-DE LA PENA: Thank
you very much , Mr . Jones . I appreciate that.
Madam Clerk , could you please get ready
25 for the vote?
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1 2
3 4
5 6
7 8
9 10
11 12
CLERK: Councilmember Adam?
COUNCILMEMBER AL ADAM: Yes.
CLERK: Councilmember Jones?
COUNCILMEMBER ED JONES : Ay.
CLERK: Counci l member McNamee?
COUNCILMEMBER KEVIN MCNAMEE: Yes _
CLERK: Mayor Pro Tern Engler?
MAYOR PRO TEM BOB ENGLER: yes.
CLERK: And Mayor Bill-De La Pena?
MAYOR CLAUDIA BILL - DE LA PENA: And my
answer is yes. And I want to say congratulations
to Athens Services. And thank you so much. We
13 are filled with gratitude to Harrison and Waste
14 15
Management. Thank you.
CLERK: And Madam Mayor , that motion
16 does carry -- pass five zero.
17 MAYOR CLAUDIA BILL- DE LA PENA: And it
1 8 is a unanimous vote on a very, very important
19 contract with the City of Thousand Oaks and its
20 21
ratepayers. Thank you.
And with that, I will go to our City
22 Manager Drew Powers for any follow-up items.
23 24
25 DREW ?OWERS: Thank you so much, Madam
Mayor. I just wanted to take a momen t before
announcing the next Council meeting . I would be
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1 remiss if I didn ' t acknowledge the commitment and
2 dedicat ion of staff, most notably Dr . Cox and her
3 team, that poured themselves into this effort
4 5
over the last year in consultation with our
N o..J.er·.s
consultant team and under Cliff and (inaudiblg)
6 leadership.
7 Also had tremendous effort through our
8 Finance Department, our City Attorney's Office,
9 and City Manager's Office staff. So, I'm very
10 appreciative of all the efforts that it took to
11 -- to move this forward. I think as you've seen
12 tonight, it was a heavy lift.
13 1 4
15 (Other matters discussed)
MAYOR CLAUDIA BILL-DE LA PENA: And Mr.
Powers, you are absolutely right . Staff did a
16 tremendous job with this RFP process from the
17 very beginning, and staff is to be commended for
18 the hard work because this is something that
19 really, we hadn ' t done before. I think it --
20 staff did excellent work with being extremely
21 thorough and providing us and presenting us a
22 solid -- a solid recommendation. So, thank you
23 to the Public Works, Helen Cox, and everybody
24 else involved.
25 (Matter concluded)
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1 2
C E R T I F I C A T I O N
3 I, Sonya Ledanski Hyde, certify that the
4 foregoing transcript is a true and accurate
5 record of the proceedings.
6 7
8 9
10 11
12 13
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14 Mineola, NY 11501
15 16 Date: March 23, 2021
17 1 8
19 20
21 22
23 24
25 Veritext Legal Solutions
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(1 ~ able!
1 1 5:2049:8
10 37:1838:10
67:9 158:11
10,000 39:20 51 :3
63:5 70:8
100 74:21
107 113:9
10th 4:7
U 20:i2 97:16
11501 167: 14
1167 109:11
12 57:2 74:23
156:8
120 32:1 2, 14, 18
130:24
12151 167:10
13 74:16
1383 4: 19 5: 1 14: 8
21 :24 69:22 70:8
71:2472:9 73:15
73:19 74:1 ,3,9, 12
74:25 75:6, 10,23
75:25 83: 10 86:25
89:1690:5111:5
120: 1,22 123: l 2
125:12,14, 17
126:14,16,25
127:6 128:6, 14
134:18 137:5
142: 19
14 156:8
140 74: 14
141 113:7
15 3:4 5:21 14:7
37:15,16 38:5
39: 1 49:3 67:9
71:22 85:16 93:8
94:19 116:3,6,25
156:8 163 :2,4,9
150 9:24
15300.2 109:22
15th 22:5
16 62:10
18 4:14 29:14
33:20 66: 13
101 :15
1857 59:20
19 152: 12
1984 43:12
1990 67:7
1998 3:7
2 2 74:16
20 10:732:11,14
32:17 75:7 89: 18
90:8 97:1
200 21 : l 8 7 5: I
79:1985:17
200,000 16:7 36:8
93:6
2008 43: 13
2013 3:14 62:3
109:9
2017 65:16 152: 10
152:10
2018 3: 16, 16,22
2019 4:4,4,6 74:4
2020 4: 1 l 21 : 14
74:11 152:11
2021 I :13 3: 14
167: 16
2022 3 :2 5 :20
65:21
2025 75:1,3
216 109:11
22 66:16
2251 59:10 60:21
23 167:16
24 79:13,15 151:7
25 7:9 9: 12 37:23
58:14 66:24 95:6
102 : 15 116: 5
28 32: 18 100:22
113:8
28th 4: 11
29.05. 62:8
3 3 13:9,10 14:1
74:8
30 32:5 58: 10
60:16 73:22 75:21
78:23 82:6 83: 17
108:5 l 12:24
116:5 136:21
300 167: l3
30s 150:19
30th 4:4 22: I
31 4:4 65:21
33 75:16136:1
330 68:15167:12
338 68:15
34 9: 15 42:6 44:11
13 6: 1 154: 14
35 84:13
36 75:15 136:1
141 :25
37 142:2
38 64:15
4 4 38:S
4.6 90: 12
40 63:15 64:14, 14
64:22 65:4 74:20
74:2198:25109:4
135:8150:19
161 :24
400 3:4
42 79:19
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45 15:15 52:4
53:15 131:10
46 44: 12
5 5 9:25 37: 17 38:25
74:8 161:21 163:2
50 13:14 66:25
79:23 135:9
142:12 160: 13
5th 3:16
6 6 38:8
60 75: 15 83:21
64 44:11
65 137:6
7 7 163:3
70 10:2 39: L 74:6
83:21
75 75:20
8 8 8:20
834 81: 19
84 89:20
9 9 l: 13158: 11
9.a 1: 14
90 74:6 78:6
92 74: 19
939 66:23,24 67:2
67:23
95 9:9 I 57:3
a
ab 66:23,24
126:25 127:6
ability 125: l I
able 40:14, 19,22
51:16 54:14 85:25
88:2 96:2 1 112:22
Page I
CITY OF THOUSAND OAKS
Request for Proposals
For
Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
Date of Issuance: July 16, 2020
City of Thousand Oaks
Public Works Department
2100 Thousand Oaks Blvd.
Thousand Oaks, CA 91362
AR001030
City of
Thousand
1 City of Thousand Oaks
NOTICE
REQUEST FOR PROPOSALS (RFP)
Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
Notice is hereby given that sealed proposals will be received electronically (via email), until Thursday, October 15, 2020 at or before 5:00 p.m. local time, for performing all work necessary and incidental to:
Provide residential and commercial solid waste, recyclable materials, and organic waste collection, processing/disposal, customer and billing services for the City of Thousand Oaks under a fifteen year exclusive franchise agreement. All services to meet State mandates including SB 1383 and maximize diversion.
Proposals shall be electronically delivered (via email) and addressed to:
Public Works Department,
Helen Cox: [email protected] and
cc: Rod Cordova: [email protected]
The City of Thousand Oaks (City) reserves the right to reject proposals received after the scheduled deadline and the Proposer will be notified by email.
Proposers are required to register with the City prior to downloading documents from the website and to be eligible to submit a proposal. This information is used to notify Proposers via e-mail of addenda to procurement actions. You may view summary information about solicitations but you must be registered at this site and logged in before you can download solicitation documents: https://toaks.procureware.com. When registering please use Commodity Code(s) # 987-020.
Mandatory Pre-Proposal Tele-Communication Conference Call:
A mandatory pre-proposal meeting will be conducted on Thursday, July 30, 2020, starting at 2:00 p.m. PT and concluding at 3:00 p.m. PT via a Tele-Communication Conference Call. Proposers are required to attend the pre-proposal meeting to be eligible to submit a proposal. The Proposer must complete and submit Form A – Communication Protocol, located in Section D of this RFP, via email to Rod Cordova:
[email protected] by July 29, 2020 no later than 2:00 p.m. PT in order to receive the call-in information to participate in the mandatory pre-proposal call. The City will send out an invitation for the call by 5:00 p.m. PT on July 29, 2020. Attendance on the call is limited to no more than five representatives of each Proposer.
Any Proposer who fails to attend the Mandatory Pre-Proposal Tele-Communication Conference Call shall be deemed non-responsive, and their proposal shall not be considered for award. Decisions on these matters by the City shall be final.
AR001031
2 Proposals will not be opened publicly, and the City of Thousand Oaks will endeavor to keep such confidential until a preferred service provider is recommended to the City of Thousand Oaks City Council.
Published: Thousand Oaks Acorn, July 16, 2020
AR001032
3 Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
TABLE OF CONTENTS
Page No
A. Description of Work 5
Background Information 5
Purpose of this RFP 12
Scope Of Work 14
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 32
F. Proposal Service Alternatives, Options, and Agreement Exceptions 32
G. Appendix 33
Standard Terms Applicable To All Proposals 34
C. Proposal Review Process And Schedule 38
Proposal Review And Award Schedule 38
Proposal Opening/Rejection/Waiver 38
Proposal Review Process And Award Of Contract 39
Phase 1 – Pass/Fail Review 39
Phase 2 – Evaluation And Scoring 40
Phase 3 - Oral Presentations/Interviews 44
D. Required Forms 45
Form A Communication Protocol 50
Form B Proposer’s Statement of Organization 51
Form C Container Specifications 53
Form D Vehicle Specifications 56
Form E Disposal Transfer, and Processing Facilities 58
Form F Subcontractors 62
Form G Non-Collusion Affidavit of Proposer 63
Form H Maximum Service Rates - Proposal Summary and Signature 64 AR001033
-----------------------------------------------------------, ---------------------------------------------------------- 4 Form I Pass/Fail Requirements 66
Form J Waiver for Electronic Submission of Proposals 69 E. Form of Agreement (draft Franchise Agreement) 70
AR001034
5 Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
Section A: Description Of Work
BACKGROUND INFORMATION
This section provides background on the City and its current and proposed solid waste services. Capitalized terms are defined in the Franchise Agreement, and the meaning of such terms is as defined therein. Each Proposer is expected to fully review the Draft Franchise Agreement provided with this RFP.
GEOGRAPHY AND DEMOGRAPHICS:
The City of Thousand Oaks is located in
eastern Ventura County and consists of 56
square miles. The City is a community of about
129,000 with a projected annual growth at
0.7%. Currently there are approximately
36,000 Residential Accounts, and 1,250
Commercial Accounts.
The City is a general law city operating under
the Council/Manager form of government. The
City Council is comprised of five members
elected at large for overlapping terms, with one
member serving as Mayor on an annual basis.
COLLECTION SYSTEM DATA:
The information regarding the current collection system is being provided for Proposers to gain a general understanding of service in the City. The information in Tables 1 through 3 was provided to the City by the current haulers and has not been independently verified. The City neither warrants nor accepts responsibility for the accuracy of the information contained therein. It is the responsibility of the Proposer, at its sole cost, to conduct its own investigation and research and to independently verify all material facts and information necessary for it to submit a response to this RFP.
CURRENT COLLECTION SERVICES:
The City is currently served by two solid waste hauling contractors, USA Waste of California, a Waste Management Company (WM) and Newbury Disposal Company (Newbury) for the scheduled collection of garbage, recyclables and organics/green waste.
Residential collection is geographically divided between WM and Newbury (See Figure 1), and all commercial collection (which includes multi-family dwellings) is provided by WM. Both franchise agreements with WM and Newbury will expire on December 31, 2021. The following is a summary of current services.
AR001035
6 Residential Cart Collection Service Programs
Single Family Dwelling (SFD) Service Recipients currently receive wheeled Carts for Garbage, Recyclable Material and Green Waste via a bundled “Basic Service” package, with cart-size adjustments available based on volumetric need. “Limited Service” options without Green Waste collection are also available. Current services available for SFD Service Recipients are as follows:
Weekly curbside collection of one 64-gallon trash cart, one 64-gallon recyclables cart, and one 96-gallon yard waste cart (“Basic Service” - default); Weekly curbside collection of Garbage (33-, 64- and 96-Gallon Carts are available);
Weekly curbside collection of Recyclable Material (64- and 96-Gallon Carts are available);
Weekly curbside collection of Green Waste (64- and 96-Gallon Carts are available);
Holiday Tree collection;
On-Premises Collection free to eligible participants (physically unable to move Carts); and
Up to two (2) On-Call Bulky Waste Collections per Agreement Year, at no cost. Twice a year Free Landfill Days at the Simi Valley Landfill for free drop off of Garbage, Recyclable Material, and Green Waste.
Figure 1:
Areas served
by the City’s
two current
haulers
AR001036
■ Wasle Management Service Area
Newbury Disposal Service Area
7 Multi-Family Dwelling (MFD) Collection Service Programs Depending on the type of MFD complex, MFD Service Recipients currently receive either weekly collection of carts for Garbage and Recyclable Material, with cart-size adjustments based on volumetric need, or centralized service with Carts or Bins for Garbage and Recyclable Material sized according to total volume needs. There is currently no scheduled Green Waste or Organic (food waste) collection. Collection Service is provided to MFD Service Recipients at least weekly and up to six (6) times per week.
Commercial Collection Service Programs
Commercial Service Recipients currently receive wheeled Carts or Bins for Garbage and Recyclable Material sized according to needs. There is no scheduled Green Waste collection. Carts are used for Organic (food waste) collection from food waste generators.
Contractor must collect Organic Waste as frequently as required by customer.
Commercial Collection Service is provided to Service Recipients at least weekly and up to six (6) times per week.
Additional Current Services
Contractor currently provides free Collection Services to designated City Facilities. Contractor provides City Sponsored Special Event collection of Garbage, Recyclable Material, and Green Waste.
Contractor provides, at no expense to the City, Street Sweeping Services.
Service Data
Tables 1 and 2 include Service Recipient data reported by WM and Newbury. Table 3 includes the reported tonnage data from the most recent two years from both haulers.
TABLE 1
Newbury’s Service Recipient Data
Residential Cart Service Recipients
Garbage Garbage Recycling Green Waste
32-Gallon 338 - -
64-Gallon 11,603 9,912 -
96-Gallon 1,303 1,934 10,956
TABLE 2
Waste Management’s Service Recipient Data
Residential Cart Service Recipients
Cart Size Garbage Recycling Green Waste
32-Gallon 1,072 139 128
64-Gallon 19,139 19,408 805
96-Gallon 4,277 3,289 21,722
AR001037
8 Bins Collected from City Facilities
Facility Current Service
Thousand Oaks
Civic Arts Plaza
five 3-yd Trash bins 6x/wk
four 3-yd Recycle bins 4x/wk
one 64 gal Organics cart 1x/week
Thousand Oaks
Library
one 3-yd Trash 4x/week
one 3-yd Recycle 5x/week
Newbury Park
Branch Library
one 3-yd Trash 3x/week
one 3-yd Recycle 2x/week
Hill Canyon
Treatment Plant
two 3-yd Trash 1x/week
three 3-yd Recycle 1x/week
Los Robles Green
Golf Course
two 3-yd Trash 4x/week
one 3-yd Trash 1x/week
one 3-yd Trash 2x/week
one 3-yd Recycle 4x/Week
two 64-gal Organics carts 2x/week
Alex Fiore Teen
Center
one 3-yd Trash 2x/week
one 3-yd Recycle 2x/week
Goebel Senior
Adult Center
one 3-yd Trash 3x/week
401/403 W.
Hillcrest Dr
two 3-yd Trash 5x/week
one 3-yd Recycle 2x/week
Thousand Oaks
Transportation
Center
one 3-yd Trash 1x/week
one 3-yd Recycle 1x/week
Child Care Center one 3-yd Trash 2x/week
one 3-yd Recycle 2x/week
Household
Hazardous Waste
Facility
one 3-yd Trash 1x/week
two 3-yd Recycle 1x/week
Municipal Service
Center
three 3-yd Recycle 3x/week
AR001038
9 Commercial Bin Service Recipients (includes City Facilities listed above) Number of accounts
Garbage 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
64-Gal 2
96-Gal 1
1 CY
1.5 CY 66 7 3 3 1
2 CY 47 14 3
3 CY 260 210 145 88 100 90
4 CY 18 24 37 15 11 26
6 CY 1 1 1
Recycling 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
64-Gallon 13 2
96-Gallon 7 1
1 CY
1.5 CY 66 11 1 1 1
2 CY 4 1
3 CY 213 131 106 31 40 31
4 CY 9 12 10 3 8 16
6 CY 1 1 2
Organics (Food
waste)
1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
32-Gallon 2 1
64-Gallon 53 7 11 1 1
96-Gallon 4 2
Permanent Roll-Off Garbage Recycling Organics
10 CY 3
20 CY 1 1
25 CY 12 2 2
30 CY 2
35 CY 7 3
40 CY 20 5 6
50 CY 1
Compactors
AR001039
10 TABLE 3
Tonnage Data
(as Reported by WM and Newbury)
WM Newbury
2018
Tons
2019
Tons
2018
Tons
2019
Tons
Residential
Residential Disposed 21,051 23,356 10,202 10,546
Residential Recycled 8,296 9,104 4,461 4,406
Residential Green Waste Recycled 18,486 19,013 7,508 7,710 Subtotal Residential Disposed 21,051 23,356 10,202 10,546 Subtotal Residential Diverted 26,782 28,117 11,969 12,116 Subtotal Residential 47,833 51,473 22,171 22,662
Commercial
Commercial Waste Disposed 41,346 43,602 N/A N/A
Commercial Recycled 9,747 14,868 N/A N/A
Commercial Green Waste/Organics
Recycled
3,924 4,794 N/A N/A
Subtotal Commercial Disposed 41,346 43,602
Subtotal Commercial Diverted 13,671 19,662
Subtotal Commercial 55,017 63,264
Total Disposed 62,397 66,958 10,202 10,546
Total Diverted 40,453 47,779 11,969 12,116
Franchise Commercial Diversion Rate 25% 31% N/A N/A
Franchise Residential Diversion Rate 56% 55% 54% 53%
Franchise Total Diversion Rate 2018: 42%
2019: 44%
CalRecycle Diversion Rate 2017 2018
Population 68% 69%
Employment 69% 70%
Service Rates
SFD Service Recipients’ monthly rates are based on service package and container sizes as established through the current franchise agreement and approved by the City. SFD Service Recipients are billed bi-monthly by the Contractor. (Note that the SFD Service Rates listed in Table 4 are the monthly Service Rates.) MFD and Commercial Service Recipients’ monthly rates are based on container size and the frequency of collection as established through the current franchise agreement and approved by the City. MFD and Commercial Service Recipients are billed monthly by the Contractor. Roll-off service is charged on a per-pull basis plus the cost of disposal. Billing is done by the Contractor.
Table 4 provides the current Service Rates, which became effective on January 1, 2020.
AR001040
11 TABLE 4
Current Service Rates (Effective January 1, 2020)
Residential Service Rates (Monthly)
Garbage (Includes Basic Bundled Service)
64-Gallon $35.78
96-Gallon $38.78
Recycle
64-Gallon Bundled
Green Waste
96-Gallon Bundled
Commercial Garbage Service Rates (Monthly)
Container
Size
Collection Frequency
1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
34-Gallon $34.95 $45.10 $65.20 $85.30 $105.40 $125.50
55-Gallon $34.95 $45.10 $65.20 $85.30 $105.40 $125.50
1.5 Cubic Yard $130.60 $164.90 $233.25 $301.60 $369.95 $438.30 2 Cubic Yard $130.60 $164.90 $233.25 $301.60 $369.95 $438.30 3 Cubic Yard $173.05 $218.60 $309.40 $400.20 $491.00 $581.80 4 Cubic $223.75 $284.45 $405.45 $526.45 $647.45 $768.45
5.5 Cubic Yard $346.10 $437.20 $618.80 $800.40 $982.00 $1,163.60 6 Cubic Yard $346.10 $437.20 $618.80 $800.40 $982.00 $1,163.60 Compactor 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
1.5- Cubic Yard $198.95 $301.60 $438.30 $575.00 $711.70 $848.40 2 Cubic Yard $198.95 $301.60 $438.30 $575.00 $711.70 $848.40 3 Cubic Yard $263.85 $400.20 $581.80 $763.40 $945.00 $1,126.60 4 Cubic Yard $344.75 $526.45 $768.45 $1,010.45 $1,252.45 $1,494.45
5.5 Cubic Yard $527.70 $800.40 $1,163.60 $1,526.80 $1,890.00 $2,253.20 6 Cubic Yard $527.70 $800.40 $1,163.60 $1,526.80 $1,890.00 $2,253.20 Commercial Recycling Rates (Monthly)
1. Commercial Bin Recycling is charged 31.5% of the garbage rate.
2. Commercial Cart Recycling is charged 52.5% of the garbage rate.
Commercial Organics Rates (Monthly)
1. Commercial Bin Organics is charged at the garbage rate
2. Commercial Cart Organics is charged at the garbage rate. * A complete current approved rate sheet is available on the City of Thousand Oaks website at the following URL: https://www.toaks.org/departments/publicworks/sustainability/trash-recycling AR001041
12 Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
Section A: Description Of Work
PURPOSE
The City is soliciting proposals from Proposers with demonstrated experience and qualifications in providing Garbage, Recyclable Material and Organic Waste Collection Services (Collection Services) such as those required in this RFP.
The goals of this procurement process are to:
Ensure compliance with solid waste legislation including AB 939, AB 341, AB 1826, AB 1594, SB 1016, SB 1669, and SB 1383;
Expand food waste collection and processing in compliance with AB 1826 and SB 1383;
Ensure the City’s high diversion rate as reported by CalRecycle (69 - 70%), and improve diversion where possible through outreach and education; Anticipate and flexibly accommodate future statutory changes in the handling and processing of solid waste;
Maintain a high level of customer and billing service for the least possible and reasonable cost;
Ensure an opportunity for customers’ collection containers to be “right-sized” for desired solid waste services;
Provide high quality customer outreach and education; Reduce air emissions and wear-and-tear on City streets through the use of light and clean-fuel collection vehicles, and through the use of split truck collection and split-bin collection as needed;
Implement commercial and multi-family customer rate structures that promote fewer collection trips and vehicle stops;
Utilize new technologies and/or methodologies to provide vehicle tracking, waste and contamination monitoring, and aid in regulatory compliance; and Minimize service disruption through a smooth transition period.
The City’s intent is to select a single Contractor to continue to provide the community with the appropriate level of service, at the highest quality, and at the best price. The specifications contained within this RFP and accompanying draft agreement are designed to establish an effective, efficient, environmentally clean, uniform, and safe system of collection.
To this end, the City is committed to providing as much information as possible to allow Proposers to properly prepare their responses and compute fair and reasonable compensation and rate quotes. It is the sole responsibility of the Proposer to calculate the rates requested in the Maximum Service Rate spreadsheet to be submitted as part of their proposal.
AR001042
-----------------------------------------------------------, ----------------------------------------------------------- 13 Supplemental documents that Proposers must review are listed below. Available to download with this RFP:
(Proposed) Maximum Service Rates (Excel document) for Proposers to complete and submit with Proposals
Available to download for registered Proposers after pre-proposal meeting:
o Employee data and pay rates for current haulers
o Quarterly Reports submitted to City from current haulers (Service Recipient totals, tonnages, fees) from 2018 and 2019
o GIS parcel data (shapefile and Excel document)
o GIS storm drain location data (shapefile and Excel document) • Available on City of Thousand Oaks website at:
https://www.toaks.org/departments/public-works/sustainability/trash-recycling o Current Exclusive Franchise Agreement between the City of Thousand Oaks and Waste Management.
o Current Exclusive Franchise Agreement between the City of Thousand Oaks and Newbury Disposal.
o Current customer rate sheet.
o City of Thousand Oaks Solid Waste Ordinance
AR001043
14 Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
Section A: Description Of Work
SCOPE OF WORK
Collection Services are to be provided in the incorporated city limits of Thousand Oaks (“City Service Area”). Collection Services will start on January 1, 2022 and will terminate on December 31, 2036, providing for a fifteen (15) year Agreement. The term of the Agreement may be extended for up to two additional five- (5-) year periods at the City’s sole option, subject to City Council approval, and subject to the Contractor meeting performance requirements as specified in the Agreement.
An overview of Collection Services to be provided is given below. For the sake of clarity and consistency, Proposers are referred to the draft Solid Waste Franchise Agreement (SWFA) for more specific details. The City desires to provide services with minimum disruption to residents and businesses. Therefore, as part of the Operations Plan requested in this RFP (under Technical Proposal), Proposers shall discuss the methodology they will use to minimize the impact of any operational changes that may occur.
A-1 Overview of Base Services
SFD, MFD and Commercial Service Recipients shall receive Solid Waste Collection Services which include minimum collection services of at least weekly collection of Garbage, Source-Separated Recyclable Material and Source-Separated Organic Waste.
By default, Source-Separated Organic Waste Collection Service is required to include Green Waste, Food Waste, or a mix of Green Waste and Food Waste for all Service Recipients.
The selected Contractor will be required to collect all source separated Organic Waste and process for diversion from landfill in a manner that guarantees diversion credit under the requirements of AB 939, AB 1594, AB 1826, SB 1383 and not use source separated Organic Waste as Alternative Daily Cover (ADC) at a landfill.
Source-separated Recyclable Material accepted as part of the Collection Services includes cans (aluminum and tin), glass bottles, newspaper, mixed paper, cardboard, and plastics. SFD, MFD, and Commercial Service Recipients shall be serviced using the designated sizes of Carts and Bins, as well as 10 to 40 cubic yard Roll-off Containers for permanent Roll-off Service Recipients.
A-2 SFD Collection Services (Article 7 of the SWFA)
SFD Bundled Service (7.01.2 of SWFA). A weekly bundled service will be utilized with one (1) 64-Gallon Garbage Cart (with the option to downsize to a 32- or upsize to a 96- Gallon Garbage Cart), one (1) 64-Gallon Recycling Cart (with the option to upsize to a 96-Gallon Recycling Cart), and one (1) 96-Gallon Organic Waste Cart as part of the base SFD Solid Waste Collection Service.
SFD On-premise Collection (7.01.3 of SWFA). Proposers must provide rates for this service.
AR001044
-----------------------------------------------------------, ----------------------------------------------------------- 15 SFD Garbage Collection Service (7.02 of SWFA). Proposers are required to provide pricing for downsizing to 32-Gallon and upsizing to 96-Gallon Garbage Carts, relative to the base bundled rate.
SFD Recycling Collection Service (7.03 of SWFA). Proposers must provide pricing for upsizing to a 96-Gallon Recycling Cart relative to the base bundled rate and for additional 64- or 96-Gallon Recycling Carts.
SFD Organic Waste Collection Service (7.04 of SWFA). Proposers must provide pricing for additional 96-Gallon Organics Carts.
SFD Holiday Tree Collection is to be included as part of the curbside Organic Waste Collection Services program (7.04.3 of SWFA).
SFD Bulky Waste Collection (7.05 of the SWFA).
A-3 Multi-Family Dwelling (MFD) Collection Services (Articles 9, 10 and 11 of the SWFA)
MFD is categorized into three groups:
MFD-I: Multi-Family Dwelling with Individual Service will include Carts and the same services as SFD Collection Services. (Article 9 of SWFA.) MFD-C: Multi-Family Dwelling with Centralized Service will include Bins and similar services to Commercial Collection Services. (Article 10 of SWFA.) MXD: Mixed Use Dwelling Service will include Bins and similar services to Commercial Collection Services. (Article 11 of SWFA.)
MFD Solid Waste Collection must utilize Garbage Carts and/or Bins as determined by the MFD service type above.
MFD Bundled Service
MFD-C and MXD Solid Waste Collection must utilize a Bundled Service that includes Garbage Bins, with sizes and collection frequency as determined by the MFD facility manager or management, and including at no additional cost the equivalent volume of recycling, and one (1) 32-Gallon Organic Waste Cart per 2 cu yd of weekly trash (garbage plus recycling) service as part of the base Bundled MFD Collection Service. The actual configuration of Recycling and Organic Waste Bin sizes shall be structured in a manner determined by the facility management in consultation with the hauler. Proposers are required to provide pricing for the bundled service and for any additional services that may be requested by the MFD-C or MXD Facility manager. Contractor must provide “push”, “scout or “stinger truck” services where safety, access, or height constraints do not allow regular collection trucks to service carts or bins. Proposers must provide rates for this service.
MFD-I Collection Services must utilize a Bundled Service like that provided for SFD Service Recipients (9.01.2 of SWFA).
Contractor must provide MFD Recycling Service and Organic Waste Collection Service to all MFD Service Recipients in the Service Area, consistent with State requirements of AB 341, AB 1826 and SB 1383. The City is interested in proposals that provide solutions for MFD Recycling and Organic Collection Services in multi-familiy and mixed-use AR001045
16 complexes that have limited space enclosures and/or limited space for collection Carts or Bins. The use of split Carts and/or split Bins is acceptable.
MFD and MXD Bulky Waste Collection Service
(9.05,10.05 and 11.05 of SWFA.) The cost for Bulky Waste Collection Service will be “bundled” into the MFD Collection Rates provided.
A-4 Commercial Collection Services
Commercial Bundled Service
(8.01.2 of SWFA.) Commercial Solid Waste Collection must utilize a Bundled Service that includes Garbage Bins, with sizes and collection frequency as determined by a facility manager or management, and including at no additional cost the equivalent volume of recycling, and one (1) 32-Gallon Organic Waste Cart per 2 cu yd of weekly trash (garbage plus recycling) service as part of the base bundled Commercial Collection Service. The actual configuration of Recycling and Organic Waste Bin sizes shall be configured in a manner determined by the facility management in consultation with the hauler. Proposers are required to provide pricing for the bundled service and for any additional services that may be requested by the facility manager. Contractor must provide “push”, “scout or “stinger truck” services where safety, access, or height constraints do not allow regular collection trucks to service carts or bins. Proposers must provide rates for this service.
Commercial Garbage Collection Service (8.02 of SWFA)
Commercial Recycling Collection Service (8.03 of SWFA)
Contractor must provide Recycling Service and Organic Waste Collection Service to all Commercial Service Recipients, consistent with State requirements of AB 341, AB 1826 and SB 1383. The City is interested in proposals that provide solutions for Recycling and Organic Collection Services in commercial units that have limited space enclosures and/or limited space for collection Carts or Bins. The use of split Carts and/or split Bins is acceptable.
Commercial Organic Waste Collection Service (8.04 of SWFA) Large generators of Yard Waste may also subscribe to collection of Yard Waste only (in addition to the required base service). Proposers must provide rates for Commercial Yard Waste.
A-5 City Services
(Article 12 of SWFA). City will receive and pay for Commercial Service at regular Commercial Service Rates. City service shall include collection of City-generated Bulky Waste from City facilities. In addition, the Contractor shall provide, at no cost to City, Solid Waste Collection Services for up to five (5) City-Supported Events annually.
A-6 Plans
Transition Plan
Contractor must provide a Transition Plan that describes the plan and schedule of actions/events for the provision of new services. The Transition Plan will be included as an Exhibit to the final Franchise Agreement after approval by the City.
AR001046
17 Beginning in January 2022 and for the following twelve (12) months, the Contractor must meet with key City staff on a monthly basis to review, at a minimum, program performance, current and anticipated activities, specific outreach performed to promote high participation in diversion programs, ability for Service Recipients to change service levels, awareness of and participation in Bulky Waste Collection, methods to monitor contamination, Service Recipient service messaging on diversion programs. Starting in January 2023, at the City’s option, the frequency of meetings may be reduced.
Operations Plans
Contractor must provide detailed Operations Plans that present the specific collection and processing programs that will be implemented in the City. Operations Plans must be separately provided as:
Collection Service Operations Plan
Street Sweeping Operations Plan
HHW Home Collection Operations Plan (optional service) Storm Drain Cleanout Operations Plan (optional service) The Operations Plans will be included as Exhibits to the Franchise Agreement when approved by the City.
Customer Service Plan
Contractor must provide a detailed Customer Service Plan that specifies the customer service operations that will be used in the City. The Customer Service Plan will be included as an Exhibit to the Franchise Agreement when approved by the City.
Sustainability and Compliance Plan (Article 18 of SWFA) Contractor must provide an on-going and effective Sustainability and Compliance Plan to assist in meeting the diversion requirements and goals described in Article 15 of the SWFA. The Proposer must include specific details of the proposed Sustainability and Compliance Plan, how the program will be managed, and how effectiveness of the program will be measured on an ongoing basis. Contractor must hire a dedicated full-time staff member to conduct the site visits required in this plan (18.01 of SWFA). The Sustainability and Compliance Plan will be included as an Exhibit to the Franchise Agreement when approved by the City.
A-7 Additional Services
Residential Free Landfill Days (13.01 of SWFA)
AR001047
18 Public Area Waste Collection (13.02 of SWFA)
Abandoned Waste/Illegal Dumping Clean-up (12.02.4 of SWFA).
Downed Tree Removal (12.02.2 of SWFA)
Mulch or Compost Delivery (18.08 of SWFA)
Edible Food Recovery Support Section 18.09 of the SWFA) Street Sweeping Services (13.03 and Exhibit 8 of SWFA)
A-8 Optional Services at City’s Sole Discretion
City requires that Proposers provide pricing in terms of percent increase to proposed rates for the following two optional services. While Proposers must provide pricing for these two options, election of the options is at the City’s sole discretion.
Catch Basin and Drop Inlet Cleaning and Maintenance Services (13.04 and Exhibit 9 of SWFA)
The selected Contractor shall provide waste removal services from the City’s catch basins and drop inlets (all together, “storm drain inlets”) as described in Exhibit 9 of SWFA.
Proposer shall provide the additive cost for this service as a percent increase to all (Commercial, MXD/MFD and SFD) rates.
Household Hazardous Waste (HHW) Home Collection Program (13.05 and Exhibit 10 of SWFA)
The City owns and operates an HHW drop off location, however the City is requesting the selected Contractor to provide an HHW Home Collection Service for SFD and MFD Service Recipients. Materials shall be delivered to the City’s HHW facility for disposal.
Proposers must present costs for this option as a percent increase to SFD and MFD rates.
A-9 Collection Containers
At the start of the Agreement, Contractor must provide Collection Containers (Carts, Bins, Compactors, and Roll-offs) that are color-compliant with SB 1383 requirements (Exhibit 4 of SWFA). All Carts shall be new, and all other Collection Containers shall be in good condition and freshly painted.
Throughout the term of the Franchise Agreement, at no cost to Service Recipients, Contractor must replace or repair Containers as needed (7.01.6 and 8.01.6 of SWFA).
A-10 Collection Vehicles
(16.01.3 of SWFA) Collection vehicles must be new at the start of the Agreement, and shall not be more than ten (10) years old during the term of the Agreement. Collection vehicles must utilize low carbon (“alternative”) fuel, which includes renewable diesel, biodiesel, hydrogen, ethanol, methanol, natural gas, renewable natural gas, propane, Pseries fuels, and electric.
Proposers are required to provide a description of how their collection vehicles and collection methods will minimize wear on the City’s streets.
All collection vehicles must be equipped with GPS tracking devices (16.01.4 of SWFA) that can be used to record start and stop times, vehicle locations, and maximum speed.
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19 Contractor shall furnish to the City at no additional cost or expense any software and equipment necessary for City to track the location of collection vehicles in real time and to generate reports as needed.
A-11 Hours of Collection, and Facilities
Collection Hours and Days (7.01.4 and 8.01.3 of SWFA)
SFD collection hours shall be between 7:00 a.m. and 7:00 p.m., Monday through Friday, except for Holidays. All MFD, Commercial and City collection hours shall be between 7:00 a.m. and 7:00 p.m., Monday through Saturday.
Disposal and Processing Facilities (7.02.2, 7.03.3, 7.04.2, 8.02.4, 8.03.5, and 8.04.3 of SWFA)
The Proposer shall name the specific sites proposed for materials disposal, recycling, and organics processing. However, in accepting the Agreement, the Proposer agrees to use the Disposal Site, Recyclable Materials Processing Site, and Organic Materials Processing Site as approved and directed by the City for the purpose of disposing of all solid waste, and processing of all Recyclable Materials and Organic Waste it collects in the City.
A-12 Diversion Requirements
(Article 5 of SWFA)
The Contractor is responsible for meeting the Franchised (5.03 of SWFA) and CalRecycle Diversion Requirements (5.03 of SWFA) in Article 5 of the SWFA, using described calculation methodology (5.02 of SWFA).
A-13 Displaced Employees
(31.01 of SWFA)
The Successful Proposer shall offer employment to all qualified displaced employees of the City’s two current franchisees. Proposers must declare as part of their proposal that they will retain the employees of the current contractors for a period of not less than 90 days, as provided for in Chapter 4.6, Sections 1070 through 1076 of the California Labor Code, if awarded the Franchise Agreement.
Prior to contract award, the City will require the Successful Proposer to re-affirm the commitment it made to provide offers of employment to displaced employees, including the provision to employ displaced employees for not less than ninety (90) days.
A-14 Billing and Customer Service
(Articles 4, 17 and 22 of SWFA)
Contractor shall be responsible for the billing and collection of payments from Service Recipients for Collection Service at the rates set forth in Exhibit 1 of the Agreement.
Billings may be made monthly or bimonthly for Service Recipients, as determined by City.
The Contractor must provide competent, professional, and courteous customer service and must designate a sufficient number of Customer Service Representatives to serve the City’s residents and businesses during the transition prior to the start date, and during start-up of pilot programs and/or new or modified City-wide programs. The Contractor AR001049
20 must have an office within Ventura County to conduct Customer Service operations out of, with regular business hours of 8 a.m. to 5 p.m. Monday through Friday (17.01 of SWFA). Proposer must also include a narrative describing their approach to customer service and complaint resolution.
A-15 Contractor Compensation
(Article 4 of SWFA)
Service Rates
(4.05 of SWFA) Maximum Services Rates will be effective January 1, 2022 and will be adjusted beginning January 1, 2023, and each January 1 thereafter during the term of the Agreement. The Maximum Service Rate adjustment shall be calculated using the percentage change in the CPI between the previous two years, with lower and upper limits of 1.0% and 4.0% respectively.
Recycling Revenues
Revenues from the sale of Recyclable Material, along with the California Redemption Value (CRV) rebate from the State, will be retained by the Contractor.
Compost Revenues
Contractor may retain any revenues received from the sale of processed organic waste (i.e. compost).
A-16 Contractor’s Payments to the City
(3.06 of SWFA). The Contractor shall make payments to the City in the amounts set forth below:
Franchise Fee (3.06.3 of SWFA) In consideration of the Exclusive Franchise provided for in this Agreement, Contractor shall pay the City a Franchise Fee of nine (9) percent of Gross Revenue.
Solid Waste Management Fee (3.06.2 of SWFA) In consideration of the administrative costs of managing the City’s solid waste program, Contractor shall pay City a Solid Waste Management Fee of eight-and-one-quarter (8.25) percent of Gross Revenue from Commercial and MFD Service Recipients, and two-and-one-quarter (2.25) percent of Gross Revenue from SFD Service Recipients.
Reimbursement for the Cost of this Procurement Process. (3.06.1 of SWFA) The Successful Proposer shall reimburse the City for the cost of this procurement up to but no more than One Hundred and Fifty Thousand Dollars ($150,000). This one-time payment is due within thirty (30) days of the execution date of the Franchise Agreement.
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21 Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
Section B: Instruction to Proposers
PROPOSAL REQUIREMENTS
PROPOSAL REQUIREMENTS
Each individual or firm (Proposer) submitting a proposal shall meet all of the terms and conditions specified in this Request for Proposal (RFP). By submitting a proposal , the Proposer acknowledges their acceptance of all provisions of the RFP.
Subcontractors. Proposers must list any Subcontractors to be used for any and all services (e.g. education and outreach, street sweeping, billing, customer service etc. including optional services – HHW Home Collection Program and Storm Drain Cleanout).
Subcontractors are subject to approval by the City, and will be listed as an Exhibit to the Franchise Agreement. Subcontractors must have all applicable federal, county, and/or City licenses for the work they are assigned to perform.
Each proposal must contain the following:
Proposers are required to complete all sections of the Proposal listed in Table 5 below, using the numbering and order from that Table.
TABLE 5. PROPOSAL SECTIONS AND NUMBERING
SECTION CONTENTS
A:
SUMMARY AND
COMMITMENT
1. COVER LETTER
2. EXECUTIVE SUMMARY
3. PERFORMANCE BOND COMMITMENT LETTER
4. SIGNED COPIES OF ADDENDA
5. PROPOSAL TABLE OF CONTENTS
B:
QUALIFICATIONS
1. KEY PERSONNEL
2. STAFF RESPONSIBILITIES
3. REFERENCES
4. LITIGATION AND NOTICE OF VIOLATION
HISTORY
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22 TABLE 5. PROPOSAL SECTIONS AND NUMBERING
SECTION CONTENTS
C:
STATEMENT OF
FINANCIAL
QUALIFICATIONS
1. WRITTEN STATEMENT
2. LETTER FROM BANK/FINANCIAL INSTITUTION
3. COPIES OF AUDITED FINANCIAL STATEMENTS
D:
TECHNICAL
PROPOSAL
1. TRANSITION PLAN
2. OPERATIONS PLANs
3. CUSTOMER SERVICE PLAN
4. SUSTAINABILITY AND COMPLIANCE PLAN
E:
FORMS
FORMS
F:
ALTERNATIVES
1. ALTERNATIVES AND EXCEPTIONS
2. OPTIONAL SERVICES
G:
APPENDIX
APPENDIX
A. SUMMARY AND COMMITMENT
1. Cover Letter
All proposals must be accompanied by a cover letter not exceeding six (6) pages and should include:
a. Name, address, telephone number, and email address of contact person. b. Description of the type of organization (e.g. corporation, partnership, limited liability company, including joint venture teams and subcontractors) submitting proposal.
c. If subcontractor(s) will be used for portions of this work, indicate the task(s) that will be subcontracted and how the subcontract work will be managed. d. A written statement guaranteeing that the requirements of the Franchise Agreement including Exhibits as described in this RFP document and all addenda have been thoroughly reviewed and the Proposer has conducted all due diligence necessary to confirm material facts upon which the proposal is based, and will enter into the Franchise Agreement with the City if selected as the Successful Proposer.
e. Name of the entity that will sign the Franchise Agreement, in the event one is awarded.
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23 f. A written statement acknowledging that if the City awards the Franchise Agreement to the Proposer, that the Proposer shall pay the City the cost of this procurement process up to but not exceeding $150,000 within thirty (30) days after the Franchise Agreement is executed.
g. A written statement acknowledging that the Proposer will not receive any additional compensation that is not included in the Proposer’s submitted Service Rates.
h. A written statement declaring that the Proposer will retain the employees of the current contractors for a period of not less than 90 days, as provided for in Chapter 4.6, Sections 1070 through 1076 of the California Labor Code if awarded the Franchise Agreement.
i. A written statement acknowledging the commitment to the submitted proposal contents including Service Rates for a period of two hundred (200) days from the submittal deadline.
2. Executive Summary
Not to exceed six (6) pages. Must highlight the major elements of the Proposer’s qualifications and proposal including a brief description of the Proposer’s initial transition plan and schedule, and facilities to be used.
3. Performance Bond Commitment Letter
Proposer shall affirmatively indicate their ability to furnish a Performance Bond of $2,000,000 (two million dollars) by:
a. Indicating so on the City’s forms in Section D to be submitted as part of the Proposal; and
b. Submitting a Letter of Intent from a Surety Company agreeing to provide the Proposer with said Bond upon Award by the City. The Letter of Intent shall be on the official letterhead of the Proposer’s Surety Company, and shall acknowledge that the Surety Company has reviewed and understands the requirements of this RFP and intends to issue a Performance Bond as security for performance of the Proposer’s obligations under the Franchise Agreement with the City.
4. Signed Copies of Addenda acknowledging receipt
o Acknowledge receipt and review of all addenda by listing the number and date of all addenda received.
5. Table of Contents
B. QUALIFICATIONS
1. Key Personnel
Identify and provide resumes for each key staff member proposed for the service identified herein. Of primary importance to the City is demonstrated experience in providing residential and commercial collection services, experience with diversion mandates, methods and facilities, and knowledge of collection containers, technology and automated collection vehicles. Include:
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24 a. Principal officers, partners, or other officials or managers who will be performing substantive responsibilities under the Franchise Agreement. b. Proposer’s Service Supervisor, who will be assigned to the City c. Proposer’s Collection Service Manager, who will be assigned to the City
2. Staff Responsibilities
Describe roles staff will play under Franchise Agreement and their relevant technical experience, and background in Solid Waste collection/processing.
Proposers must demonstrate experience and ability to work closely and successfully through a transition period, and on an ongoing basis with City staff during the duration of the Franchise Agreement
3. References
Provide a minimum of four (4) references from local governments where similar services to those requested herein have been performed within the last three (3) years. Information provided shall include:
a. Local government name and contact person, their telephone number, and email address.
b. Type of service provided to local government.
c. Service dates (starting and ending).
d. Staff assigned to that service.
e. Discuss service outcome and satisfaction.
4. Litigation and Notice of Violation History
Proposer must complete all sections (i) through (vi) below. If there is no information to disclose, then in each section to which this applies Proposer must affirmatively state there is no negative history. (i) Provide a history for the last five (5) years of all claim settlements, arbitrations, litigation proceedings, and civil actions involving One Hundred Thousand Dollars ($100,000) or more, and all criminal actions in which the company, its parent company, subsidiaries, all partners, or principals were involved. Proposer may limit disclosures to the following counties: Santa Barbara, San Luis Obispo, Kern, Los Angeles, and Ventura Counties. For each case, the Proposer must provide the following:
a. The name of the claim, arbitration, litigation or action; b. The amount at issue or the criminal charges alleged; and c. The resolution of the case.
(ii) Provide details of any current or threatened legal actions in the following counties within California: Santa Barbara, San Luis Obispo, Kern, Los Angeles, and Ventura Counties against the Proposer or its parent company, subsidiaries, all partners, principals, or joint venture company(ies) by a governmental entity contracting with the Proposer or its parent company for services relating to solid AR001054
25 waste management, or against such a government entity by the Proposer or its parent company or joint venture company(ies). Proposer may limit disclosures to the For each action, the Proposer must provide the following:
a. The name of the action;
b. The court in which the action is pending;
c. The action number; and
d. The amount at issue.
For all Litigation and Notice of Violation History,
(iii) Provide a list of all Notice of Violations and/or enforcement actions taken against the Proposer or its parent company, subsidiaries, all partners, principals, or joint venture company(ies) during the last five (5) years by any regulatory agency such as, but not limited to, the United States Environmental Protection Agency, Air Quality Management District, a Local Enforcement Agency under the California Integrated Waste Management Act, or Cal/OSHA.
The list shall include:
a. Name of the regulatory agency
b. Date of the enforcement action
c. Copy of any Notice of Violation.
(iv) Proposer shall inform the City if it has had a permit, franchise, license, entitlement or business license that has been revoked or suspended in the last five (5) years.
(v) Proposer must list any liquidated damages, administrative fines, charges, or assessments that total Fifty Thousand Dollars ($50,000) or greater in any one (1) calendar year during the last five (5) years that have been paid by the Proposer to a public agency as a result of solid waste management services provided by Proposer. The list shall include:
a. Name of the public agency
b. Date
c. Amount of the liquidated damages, administrative fines, charges, or assessments
d. Reason the public agency assessed the liquidated damages, administrative fines, charges, or assessments.
(vi) Proposer must list any claims against a performance bond, or any contractual defaults or termination in the last fifteen (15) years.
C. STATEMENT OF FINANCIAL QUALIFICATIONS
1. Written Statement.
Proposer must provide a written statement of its financial qualifications to perform the work described in this RFP, including description and documentation of the Proposer’s ability to secure financing for all vehicles, facilities, other equipment and labor required, as well as the total estimated AR001055
26 expense and amount of financing that is expected to be incurred and utilized in performing the work.
2. Letter from bank/financial institution
Proposer must attached letter from their bank/financial institution clearly stating that Proposer has adequate assets and/or irrevocable line of credit sufficient for all required payments to the City, capital costs, equipment costs, start-up costs, and a minimum of three (3) months’ operating costs.
3. Copies of audited financial statements
Proposer must provide copies of audited financial statements for the most recent three (3) fiscal years for the entity that is proposed to sign the Franchise Agreement. Audited financial statements must include: balance sheet, income statement, statement of changes, footnotes, and subsidiary schedules.
In the event that a Proposer does not have audited financial statements, three years of business tax returns, with supporting schedules, may be provided. Tax returns are not an alternative to providing audited financial statements; if the Proposer has audited financial statements, those must be provided.
The City reserves the right to require submission by Proposer, at no cost to the City, an opinion by a Certified Public Accountant with regard to the financial status of such Proposer, including ownership of, or interest in, equipment and facilities prior to award of a Franchise Agreement.
D. TECHNICAL PROPOSAL
Proposers are required to provide work plans listed in this section, which describe the manner in which the requested services are to be provided. These work plans must address and include all items specified below.
The City will place significant emphasis on Proposer’s proposed work plans during the evaluation process.
1. Transition Plan
Describe the plan and schedule of actions/events for the provision of new services. The Transition Plan will be included as an Exhibit to the final Franchise Agreement, after approval by the City. The Transition Plan must, at a minimum, address the following items:
i. What the Proposer will accomplish prior to the start of Collection Services;
ii. How Service Recipients will select the size and number of Collection Containers;
iii. How the Proposer will retain the current franchisee’s employees; iv. How the Proposer will provide transition services;
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27 v. The specific types of education and outreach activities that will occur, including specific frequencies and amounts of education and outreach, by type of activities;
vi. How the transition will be coordinated with the current services, current hauler, and with the City (switching of containers, billing system, etc.); and
vii. Transition schedule and weekly timing plan to transition from the current collection system to the Proposer’s collection system, for public education and outreach on new services, and for removal and replacement of Carts and Bins.
In developing the Transition Plan, Proposers should consider that the City is committed to avoiding disruption to Service Recipients.
2. Operations Plans
Provide detailed Operations Plans that present the specific collection and processing programs that will be implemented in the City. The Operations Plans must be separated as:
Collection Service Operations Plan
Street Sweeping Operations Plan
HHW Home Collection Operations Plan (optional service) Storm Drain Cleanout Operations Plan (optional service) The approved plans will be included as Exhibits to the Franchise Agreement. The Operation Plans must each include items listed below:
(i) Vehicles to be used in providing service under Franchise Agreement:
a. A listing of the Proposer's collection equipment and all accessories by type, model, year of manufacture, and anticipated remaining useful life, as of the date of the inventory;
b. As new collection vehicles are to be provided, delivery guarantees by manufacturers shall be included in the proposal for all new equipment to be provided to the City;
c. Vehicle fuel type, size, number of axles, gross vehicle weight, maximum load capacity, turning diameter, number of collection compartments, for all collection vehicles (front loader, side load, rear load, single-body, split-body collection, regular compactor, small compactor, pup trucks, etc.);
d. Identify vehicles which will be used to service MXD and other service recipients with access restrictions.
e. How Proposer’s collection vehicles will reduce air emissions, and reduce wear and tear on the City’s streets;
f. The advantages and disadvantages of the type of vehicle chosen (particularly with regard to noise, emissions, and the impact on the City’s roads);
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28 g. How the Proposer will use technology, such as GPS and cameras, to track and monitor collection and contamination. Identify the proposed technology brand to be used;
h. The appearance of the vehicles including the color and information to appear on the outside of the vehicle;
i. Vehicle maintenance program, including response / replacement / repair time for vehicles on route;
j. The schedule for maintenance and cleaning of the vehicles. (ii) Containers to be used in providing service under Franchise Agreement:
a. Containers – types, capacities, number etc.;
b. Past experience of other collection programs with this type of container;
c. The sufficiency of the containers' capacity based on the requirements of the Collection Services;
d. The suitability of containers to be used in areas that have may have limited space, or are in enclosures;
e. Ease of cleaning and the appearance of the containers including their colors and information to be imprinted on the containers; f. Container maintenance program, including response / replacement / repair time for containers.
(iii) Route Operations
a. The number of vehicles required for the collection programs; b. Listing of the routes to be performed arranged by service line and material type collected;
c. The number of containers collected per hour by service line and material type collected;
d. Total number of route hours (8 or 10 hours/day), and the total hours on-route by service line and material type collected;
e. The number of vehicle passes per Service Recipient;
f. Number of crew members required per vehicle and their responsibilities;
g. How drivers and dispatch will communicate while on route to resolve customer service requests/complaints;
h. Methods used by drivers to monitor contamination and how this will be communicated to Service Recipients;
i. The material type each vehicle will collect;
j. Approach to conducting annual route audits to verify the service levels and Service Recipient billing is 100% correct.
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29 (iv) Facilities
Proposers must submit Proposals offering processing facilities that are fully permitted and have secured adequate capacity for the City’s collected recyclable material and organic waste for the term of the Franchise Agreement. Proposers may additionally include facilities that are planned or in process of getting permitted provided they can show the status of the permitting process, and the expected date of operation. Note that the City reserves the right to redirect franchised organic waste collected within the City to a future Organics Waste Processing Facility in the event that its operations begin during the term of the Franchise Agreement. City also reserves the right to redirect franchised recyclable materials collected within the City to a designated Materials Recovery Facility. City agrees to adjust Maximum Service Rates to reflect City’s exercise of flow control rights.
a. The name, owner and type of the facilities to be used for disposal, transfer, Recyclable Material and Organic Waste processing and their location and distance from the center of City;
b. The name and owner of the facility(ies) to be used for vehicle and equipment parking, storage and maintenance, and their location and distance from the center of City;
c. The name and owner of the facility to be used for customer service, and its location and distance from the center of City;
d. Recovery rates for the Recyclable Material and the Organic Waste processing facilities, net of residual.
e. Operating limitations of the Recyclable Material Processing Facilities (i.e., contamination/residual, material types accepted, hours, etc.). Include single-use disposable container types that will and will not be recycled as diversion;
f. Operating limitations of the Organic Waste Processing Facilities (i.e., contamination/residual, material types accepted, hours, etc.).
Include single-use disposable container types that will and will not be composted or otherwise processed as organic waste diversion; g. How Recyclable Materials and Organic Waste will be marketed and sold, contingencies for changes in markets, and the average dollar/ton received for the sale of Recyclable Material and for processed organic waste (compost);
h. The permitted capacity of each facility where materials will be disposed of or processed, and the ability to accommodate the City’s operations over the term. Processing facilities must have appropriate permits from all applicable regulatory entities (including but not limited to CalRecycle and the Local Enforcement Agency) in place at all times.
Any unbuilt/proposed processing facilities that are anticipated to be used during the term of the Franchise Agreement. This must include AR001059
30 name, location, type of materials accepted for processing, permit status, expected start-up date. Please note that Proposer’s reliance only on future processing facilities will be grounds for disqualification.
Any proposed use of future facilities must be accompanied by an alternative in the event that future facility or capacity does not materialize as anticipated.
(v) Safety
a. Staffing safety requirements including physical, drug, and alcohol testing requirements;
b. Hazardous Waste, including E-Waste and U-Waste,
management protocols; and
c. Health and safety management procedures.
(vi) Reporting
a. Detailed AB 341, AB 939, AB 1594, AB 1826, and SB 1383 monitoring and reporting, including electronic transmission of reports to City;
b. Tracking and reporting of outreach, site visits, contamination and overflow issues using the City’s designated Waste Reporting System;
c. Quarterly service data uploads to City’s Waste Reporting System; d. Method used to track tonnage collected, disposed, processed, and residue disposed; and
e. Process for reporting Service Recipient complaints and dispute resolution to the City via City’s Waste Reporting System.
3. Customer Service Plan
Provide a detailed Customer Service Plan that specifies the customer service operations that will be used in the City. The Customer Service Plan will be included as an Exhibit to the Franchise Agreement when approved by the City, and must include the following:
a. Location of Customer Service Center;
b. Customer service hours;
c. Technology used to track, monitor and link collection times at service locations, contamination, overages, and services/services changes to route operations, customer service and billing;
d. Protocol for receiving customer calls, issuing work orders, closing work orders, and call backs to Service Recipients;
e. Protocol for Service Recipient billing, billing changes, and billing disputes;
f. Whether or not a new phone system and/or new website will be included;
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31 g. Staffing levels to ensure excellent customer service and limited wait times (state the number of customers per Customer Service Representative);
h. Method to guarantee integrity and security of customer checks, or credit cards for payment, and non-disclosure of customer names and service addresses;
i. Alternative methods for providing for customer payment and change in service, other than phone or mail-in for payments and service inquiries.
4. Sustainability and Compliance Plan
Provide a detailed Sustainability and Compliance Plan clearly describing the sustainability, diversion, education and outreach programs associated with providing the requested services. This shall include the Proposer’s approach to obtaining the diversion goals specified in this RFP, methods and public education materials that will be used for program start-up and throughout the Franchise Agreement term. Specific attention should be given to approach for achieving high participation and diversion through Recycling and Organics Collection programs, City-Supported Events, on-going messaging and outreach materials distribution, and in-person site visits and events. The Sustainability and Compliance Plan will be included as an Exhibit to the final Franchise Agreement. The plan must include the following items:
a. City-specific website
b. Recycling resources
c. Proposer’s approach and plan for school education and outreach. d. Compliance notices for AB 1826 and SB 1383
e. Site visits in support of AB 1826 and SB 1383
f. Compliance notices for AB 341 and AB 827
g. Site visits in support of AB 341
h. Waste audits for Commercial customers
i. Compliance reporting using the City’s Waste Reporting System j. Right-sizing containers for maximizing diversion from SFD, MFD and Commercial Service Recipients
k. Proposer’s approach and plan for developing and distributing public education and outreach material for SFD, MFD and Commercial Service Recipients, and implementing aggressive public education programs to increase diversion and reduce contamination of Recyclable Materials and Organic Waste.
l. Advisement of appropriate personnel (management, employees, janitors, etc.) at MFD and Commercial Service Recipients on AR001061
32 methods and recommendations to increase recycling and decrease landfilling.
m. Information and education of Service Recipients on the full range of all services being offered including the selection of collection services and container sizes to maximize diversion, how to participate in Recycling and Organics diversion programs, the benefits of participation in Recycling and Organics Collection programs, and how to decrease or eliminate contamination. n. Approach to meeting the City’s Diversion Requirements. This must be done by specific diversion program type (SFD, MFD, Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to specific and public education programs. This must include an implementation schedule showing the specific programs and tasks, milestones, and time frames for meeting the diversion requirements. o. A table segregated by SFD, MFD, Commercial, and Additional Services that estimates tonnages for Recyclable Material and Organic Waste delivered and processed, and the estimated residual tonnages for each calendar year of the Franchise Agreement beginning with calendar year 2021. Failure to provide the estimated diversion tonnages and diversion estimates will be grounds for disqualification.
p. Environmental Stewardship (all environmental management policies and activities related to the proposed activities should be described, including the use of alternative fuel vehicles, reduction of air emissions and wear and tear on the City’s streets, use of recycled products throughout operations, internal waste reduction and reuse protocol, water and resource conservation activities within facilities (design, construction and operation), compliance with laws governing e-waste, HHW, and u-waste, and use of non-toxic products when possible;
q. Use of local vendors;
E. FORMS
Documents To Be Returned With Proposal. Failure to completely execute and submit the required documents and forms before the Submittal Deadline may render a proposal non-responsive. See Section D of RFP.
F. PROPOSAL SERVICE ALTERNATIVES, OPTIONS, AND AGREEMENT
EXCEPTIONS
1. Alternatives and Exceptions
Proposers may submit alternatives to the services listed in this RFP, or exceptions to the Franchise Agreement language. However, Proposers must propose on all required services included in this RFP or their proposal will be rejected as being non-responsive. If service alternatives or Franchise Agreement AR001062
33 exceptions are presented, they must be included as an attachment to the proposal and must contain the Maximum Service Rates for those alternatives using the forms provided, and must include specific language necessary for inclusion in the Franchise Agreement.
Each Franchise Agreement exception must be presented by stating:
a. the specific exception
b. the page and line numbers of the exception
c. the suggested changes to the program related to the exception d. the suggested changes in the Franchise Agreement language related to the exception
e. the manner in which the proposed change would benefit the City, the Service Recipients or both
f. any changes to the Maximum Service Rates associated with the exception.
The City has no obligation to accept any proposed service alternative or Franchise Agreement exception. Proposals will be evaluated based on the required services and Agreement language as set forth in this RFP.
2. Optional services
Proposers must include in their proposal, their plans for conducting the two optional programs – HHW Home Collection and Storm Drain Cleanout, with added cost for each respective service (percent increase over proposed rates) included as attachments to the proposal. Inclusion of these programs in the executed Franchise Agreement is at the sole option of the City.
G. APPENDIX
Proposers may provide any additional technical information (i.e. only information specifically related to equipment or services to be provided) that they believe to be applicable to this proposal and include such information as an appendix. Proposers are discouraged from including marketing material, education and outreach material or other additional information not related to the equipment or services to be provided.
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34 Standard Terms Applicable to All Proposals
Acceptance Period. Unless otherwise specified herein, proposals are firm for a period of two hundred (200) days.
Addenda Acknowledgment. Each proposal shall include specific acknowledgment of receipt of all addenda issued during the solicitation period. Failure to so acknowledge may result in the proposal being rejected as not responsive.
Authorized Signatures. Every proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract for the execution of the work. Upon request of the City, any agent submitting a proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to bind the Proposer. If an individual makes the proposal, his or her name, signature, and post office address must be shown.
If a firm or partnership makes the proposal, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown.
If a corporation makes the proposal, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation. Upon request of the City, the corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the proposal to execute contracts on behalf of the corporation.
Proposal Retention. City reserves the right to retain all proposals for a period of two hundred days (200) days for examination and comparison.
Business Tax. The selected Proposer must have a valid City of Thousand Oaks Business Tax Certificate prior to execution of the contract. Additional information regarding the City’s Business Tax program may be obtained by calling (805) 449-2201.
Cancellation Of Solicitation. The City of Thousand Oaks may cancel this solicitation at any time.
Compliance With Laws. All proposals shall comply with current federal, state, and other laws relative thereto.
RFP Documents, Examination Of. It is the responsibility of the Proposer to carefully and thoroughly examine the documents contained in this RFP. Proposer shall satisfy himself as to the character, quantity, and quality of work to be performed and materials, labor, supervision or equipment necessary to perform the work as specified by this RFP. The failure or neglect of the Proposer to examine the RFP Documents shall in no way relieve him from any obligations with respect to this solicitation. The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with the RFP and the project. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document.
AR001064
35 Cost Of Proposal. The City is not liable for any costs incurred by Proposers before entering into a formal contract. Costs of developing the proposals or any other such expenses incurred by the Proposer in responding to the RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City.
Definition Of Terms. For the purposes of this RFP, the following definitions apply:
a. City of Thousand Oaks and City. City of Thousand Oaks and City are used interchangeably and are synonymous with one another. b. Contractor. Same as Successful Proposer.
c. Review Committee/Evaluation Team. An independent committee established by the City to review, evaluate, and score the proposals, and to recommend award of the proposal determined by the committee to be in the best interest of the City.
d. May/Should. Indicates something that is not mandatory. Failure to do what “may’ or "should" be done will not result in rejection of your proposal. e. Must/Shall. Indicates a mandatory requirement. A proposal that fails to meet a mandatory requirement may be deemed non-responsive and not be considered for award.
f. Proposer. The person or firm making the offer.
g. Proposal. The offer presented by the Proposer.
h. RFP. Acronym for Request For Proposals.
i. Submittal Deadline. The date and time on or before all proposals must be submitted.
j. Successful Proposer. The person, contractor, or firm to whom the award is made.
Disqualification Of Proposer. If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider proposals from participants in such collusion.
No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. Reasonable ground for believing that any Proposer is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a Proposer is interested. A person, firm, or corporation who has submitted a subproposal (i.e. is named as a Subcontractor) to a Proposer, or who has quoted prices on materials to a Proposer, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Proposers. This does not preclude Proposers from being listed as Subcontractors. If there is reason to believe that collusion exists among the Proposers, the City of Thousand Oaks may refuse to consider Proposals from participants in such collusion. Proposers shall submit as part of their Proposal documents the completed NonCollusion Affidavit provided herein.
Documents To Be Returned With Proposal. Failure to completely execute and submit the required documents before Submittal Deadline may render a proposal non-responsive.
The documents that must be returned by the Submittal deadline are listed on the form entitled “Proposal Documents to be Returned” and attached hereto.
AR001065
36 Execution Of Agreement. The Successful Proposer will be required to execute an agreement in the form attached hereto in Section E of this RFP and comply with all requirements of said Agreement. In case of failure of the Successful Proposer to execute and return the contract and all required documents within the time allowed, the City may, at its option, consider that the Proposer has abandoned the contract, in which case City may commence negotiations with another Proposer.
Conflict Of Interest. Proposer covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City of Thousand Oaks.
Questions And Comments. Questions and comments regarding this solicitation must be submitted by e-mail to [email protected] at least ten (10) days before the submittal deadline. Any response will be in a form of an addendum and will be sent as promptly as is practical to all parties registered with the City pursuant to the Registration Section set out below. All such addenda shall become a part of the RFP. Any prospective Proposer who obtained the RFP from anyone other than the City is responsible for registering with the City to receive subsequent Addenda.
Submittal. Required delivery method for submitting proposals is electronic (via email) to Helen Cox: [email protected] and Rod Cordova: [email protected]. Fill out and submit with your proposal the “Waiver for Electronic Submission of Proposals” found under the required documents section of this RFP. If no document can be identified as bearing original signatures, Proposer's proposal may be rejected at the discretion of the City.
Proposal Deadline. Proposals received after the scheduled Submittal Deadline will be rejected and remain unopened and the proposer will be notified by e-mail. The City reserves the right to extend the Submittal Deadline when it is in the best interest of the City.
Registration. Proposers are required to register with the City prior to downloading documents from the website and to be eligible to submit a proposal. This information is used to notify Proposers via e-mail of addenda to the RFP. You may view summary information about solicitations but you must be registered at this site and logged in before you can download solicitation documents: https://toaks.procureware.com.
Proposer, when registering you must use the following commodity code: #987-020.
Those needing assistance registering at the website may contact Irina Savulescu, Senior Purchasing Specialist, (805) 449-2226; email: [email protected]; or Allison Fochler, Purchasing Supervisor, (805) 449-2239; e-mail: [email protected].
Solicitations may be downloaded by vendors who have registered online at the City’s Purchasing website; proposals may not be submitted online through that site.
AR001066
37 A Proposer who fails to register with the City as outlined above will be deemed nonresponsive and will not be considered for award.
Proposal Modifications. Any Proposer who wishes to make modifications to a proposal already received by the City must withdraw his or her proposal in order to make the modifications. Revised Proposals must be submitted in accordance with the terms and conditions of this solicitation and re-submitted before the Submittal Deadline.
Proposal Withdrawal. A Proposer may withdraw their proposal without prejudice prior to the time specified for the proposal opening by submitting a written request by email to [email protected] to withdraw, in which event the proposal will be returned to the Proposer unopened.
Proprietary Information. The original copy of each proposal shall be retained for official files and will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label part of a proposal as "CONFIDENTIAL" if the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of all claims for damages caused by any release of the information. If a public records request for labeled information is received by the City, the City will notify the Proposer of the request and delay access to the material until seven working days after notification to the Proposer. Within that time delay, it will be the duty of the Proposer to act in protection of its labeled information. Failure to so act shall constitute a complete waiver.
AR001067
38 Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
Section C: Proposal Review Process and Schedule
PROPOSAL REVIEW PROCESS
PROPOSAL REVIEW AND AWARD SCHEDULE
The following is an outline of the anticipated schedule for major proposal milestones, including proposal review and contract award:
Issue RFP 07/16/20
Form A Submission Deadline 07/29/20, 2:00 P.M. PT
Mandatory Pre-Proposal Conference Call 07/30/20, 2:00 P.M. PT Last Day to Submit Questions 10/5/20, 5:00 P.M. PT
Proposal Submittal Deadline 10/15/20, 5:00 P.M. PT
Complete Proposal Evaluation Nov. 2020
Conduct Finalist Interviews Nov. 2020
Negotiations with Successful Proposer Dec. 2020 – Jan 2021 City Council Award of Agreement March 2021
Hauler Transition Late Mar. – Dec. 31, 2021
Start Collection Services 01/01/22
The City plans to adhere to the above schedule to the extent possible. Changes to the schedule shall be at the sole discretion of the City.
PROPOSAL OPENING/REJECTION/WAIVER
All proposals, irrespective of irregularities or informalities, will be opened at the time stipulated in the RFP document. This is not a public opening. A tally of the names will be performed and may be released upon request. No other information will be released.
The City of Thousand Oaks reserves the right to postpone the Submittal Deadline and opening of proposals any time before the date and time announced in the Request For Proposals or subsequent addenda.
City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations.
The City reserves the right to reject the Proposal of any Proposer who previously failed to perform adequately for the City or any other governmental agency. The City expressly reserves the right to reject the Proposal of any Proposer who is in default on the payment of taxes, licenses or other monies due the City of Thousand Oaks.
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-----------------------------------------------------------, ----------------------------------------------------------- 39 PROPOSAL REVIEW PROCESS AND AWARD OF CONTRACT
Proposals will be evaluated by a Review Committee of City staff using a two-stage selection process described below.
PHASE 1 – PASS/FAIL REVIEW:
The Review Committee and such other parties as the City deems necessary, will conduct an initial “Pass/Fail” review of all proposals submitted to check for completeness and compliance with the proposal requirements (Pass/Fail Submission Checklist provided below). Proposals that have “passed” will undergo further evaluation. Failed proposals will be disqualified from further evaluation and returned to the Proposer.
PASS/FAIL SUBMISSION CHECKLIST
THE FOLLOWING DOCUMENTS MUST BE SUBMITTED TO COMPRISE A COMPLETE PROPOSAL.
____ Cover Letter (signed)
____ Executive Summary
____ Performance Bond Commitment Letter
____ Signed Copies Of Addenda
____ Proposal Table Of Contents
____ Key Personnel
____ Staff Responsibilities
____ References
____ Litigation And Notice Of Violation History
____ Financial Qualifications: Written Statement
____ Letter From Bank/Financial Institution
____ Copies Of Audited Financial Statements
____ Transition Plan
____ Operations Plan
____ Customer Service Plan
____ Sustainability And Compliance Plan
____ Forms
____ Alternatives And Exceptions
____ Optional Services
____ Appendix (if applicable)
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40 PHASE 2 – EVALUATION AND SCORING:
Those proposals that have passed the initial “Pass/Fail” review will be evaluated and scored by the Evaluation Team, comprised of City staff members and consultants, based on the following evaluation criteria:
Qualifications, Experience and Reputation of Contractor and SubContractors in Providing Solid Waste Services Financial Qualifications of Contractor and Sub-Contractors Technical Approach
Sustainability, Diversion and Outreach
Customer Service
Maximum Service Rates
The Committee will evaluate all complete and compliant proposals in accordance with the evaluation criteria. The City reserves the right to establish weight factors that will be applied to the criteria depending upon order of importance. The criteria, as listed here, are not in any order of preference. Weight factors and evaluation scores will not be released. The City is not obligated to accept the lowest service rate proposal, but will make an award in the best interests of the City after all factors have been evaluated.
The following subsections provide a brief discussion of each of the evaluation criteria listed above.
Qualifications, Experience and Reputation
The experience, past practices and prior performance of each Proposer will be evaluated to determine the relative ability of each Proposer to implement the program elements described in this RFP and to attain the City objectives for solid waste management. Qualifications, evaluation criteria and areas of experience to be considered will include without limitation:
o Qualifications and structure of project management team, relationships between management team and corporate management, and internal controls;
o Previous experience, past practice and prior performance providing services to jurisdictions of similar size;
o Successful prior operation of residential and commercial solid waste programs;
o Implementation and administration of complex solid waste collection systems, including equipment selection and route design; o Successful operation of Recyclable Material and Organics programs that achieve high participation levels and diversion rates;
o Cost-effective processing and marketing of Recyclable Material and Organic Waste with demonstrated success in attaining highest and best uses for such materials (if applicable);
AR001070
41 o Demonstrated expertise in implementing and maintaining customer service programs, including the development and use of performance measures and benchmarking;
o Previous experience, past practice and prior performance in successfully designing and implementing transition plans, relevant to this RFP; o Experience in designing, implementing, and operating public education and information programs that promote high participation and diversion; o Demonstrated expertise in designing and using data management systems to assure accurate data collection, analysis and reporting; o References whom the City may contact regarding past practices and prior performance; and
o Past five (5) years litigation history for services provided in California. Financial Qualifications
Each proposal will be evaluated to assess the relative financial capacity and strength of the Proposer. This will include without limitation:
o An evaluation of financial statements;
o A financial review of each Proposer, including a review of key financial indicators, outstanding debt and debt coverage ratios, ability to finance capital purchases and needed start-up investments in equipment; and o Proposer’s capacity and plans for responding to fluctuations in the value of recyclable material markets.
Technical Approach
The purpose of the technical review is to evaluate how the Proposer can meet the proposed performance specifications and criteria on a long-term basis, as well as transition. The technical evaluation will include without limitation:
o Proposer’s overall collection approach (automated collection, split-body collection vehicles, diversion facilities to be used, types of containers to be used, etc.);
o Proposer’s approach to transition that minimizes disruption to the community and Proposer’s implementation schedule;
o Proposer’s processing facility(ies) for Recyclable Material and Organic Waste;
o Proposer’s number daily of collection vehicles and drivers by service and customer type;
o Number of spare, or backup vehicles available within 2 hours of an on-route vehicle breakdown;
o Proposer’s use of internal performance metrics to track performance; o Proposer’s methods to eliminate overweight collection vehicles; o Proposer’s maintenance and repair practices for providing safe collection vehicles;
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42 o Ratio of mechanics to daily route collection vehicles; o Ratio of route supervisors to daily route by service type; o Proposer’s approach to employee training and retention; o Commitment to employee and public safety;
o Proposer’s use of technology for tracking and reporting purposes including monitoring compliance;
o Proposer’s approach to provide City with annual updates on new innovations to consider.
Sustainability, Diversion and Outreach Programs
Each proposal will be evaluated based on Proposer’s approach to providing innovative, high quality and effective diversion programs and outreach programs in an economically and environmentally sustainable manner. The sustainability, diversion and outreach technical evaluation will include without limitation:
o The location of proposed disposal and processing facilities, and effect of material transportation distances on greenhouse gas (GHG) emissions; o Proposer’s approach to reducing impacts to air quality and greenhouse gas emissions in daily operations;
o Proposer’s approach to reducing collection vehicle traffic and collection stops at customer locations;
o Proposer’s approach for meeting and exceeding diversion requirements; o Proposer’s approach to reducing contamination of collected Organics and Recyclable Materials;
o Proposer’s approach to providing effective and innovative strategies to delivering education and outreach materials to all Service Recipients that will results in higher awareness of, and participation in, diversion programs; o Proposer’s approach to obtaining stakeholder acceptance of new programs and service rates;
o Proposer’s use of recycled content materials, and recyclable equipment in providing services to the City;
o Proposer’s ability to handle, process, and divert from the landfill a wide range of materials;
o Proposer’s internal sustainability practices and commitment to environmental quality and reducing greenhouse gas emissions. Customer Service
The City places a strong emphasis on high quality customer service, both to the City’s rate payers, and to the City itself as a customer. The customer service evaluation will include without limitation:
o Proposer’s overall method to providing a high quality and customized customer service program;
o Location of Proposer’s customer service center;
AR001072
43 o Proposer’s method for receiving customer calls, e-mail, or text and, issuing work orders, closing work orders, and call backs to Service Recipients; o Proposer’s ability to receive and process service changes or service inquiries electronically through a customized, and City specific web site; o Proposer’s data management system for tracking customer service data, and providing accurate reports to the City;
o Proposer’s internal protocol and training to address Service Recipient billing, billing changes, and billing disputes;
o Whether or not a new phone system and/or new website will be included; o Proposer’s ratio of customer service representatives to incoming customer inquiries assigned to the City;
o Proposers use of technology to timely and accurately link on-street collection at service address, collection drivers, customer service, and billing; o Proposers protocol for timely and accurate communication between customer services representatives, route supervisors, and drivers. Service Rates
Only Service Rate information as submitted by Proposers will be used in this evaluation. Proposals will be reviewed to verify that the proposed Service Rates are consistent with the activities described in the proposal and the Proposer’s work plans, and as part of the evaluation, the City may require that Proposers provide detailed assumptions made in developing their Service Rates. Proposed Service Rates, including rates for optional services, will be compared by services. Service Rates for alternatives and options (as provided for in this RFP) will not be included as part of the Service Rate evaluation.
The City wishes to provide incentives for residents and businesses to actively participate in Recycling and Organics programs, while not being required to oversubscribe for services. Maximum Service Rates will be based on the Garbage, Organic Waste and Recyclable Material container capacity, and/or the number of containers and frequency of collection. Commercial and multi-family Maximum Service Rate structures must be designed in a manner that promotes less collection frequency. It is preferred that Proposers base their rates on a fixed administrative cost plus a variable cost that is the product of a volume cost (that accounts for disposal/processing costs) and service frequency (that accounts for hauling costs). This allows for easily scalable, transparent and defensible rates. The City may request Proposers to provide details of their basis for determining proposed Maximum Service Rates and a 10-year pro-forma.
Failure to provide rate details and a pro-forma upon request may result in disqualification of the Proposer.
Proposers shall use only the forms and format provided for submitting Service Rates. Any deviation from those provided may be grounds for rejection of the entire proposal. Proposed Maximum Service Rates must include recycling and organics programs that are fully compliant with the draft SB 1383 regulations, and all requirements under AB 1594, AB 341, SB 1826, and any other existing applicable regulations.
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44 Please note the following:
o Throughout the term of the Franchise Agreement, the selected Contractor may not charge for any service not explicitly included in the final Service Rates;
o Throughout the term of the Franchise Agreement, the selected Contractor will not receive any revenue that is not based on approved services as allowable to bill using the schedule of Service Rates;
o Throughout the term of the Franchise Agreement, the only adjustment to Service Rates will be as provided for via annual rate adjustments (methodology provided in the Franchise Agreement);
o There will be no “true-up” of Contractor’s revenue or any adjustment to Service Rates during the term of the Franchise Agreement if the information contained in this RFP is not accurate, or if there are changes in the types or level of service subscribed to by Service Recipients (i.e., account migration).
The Review committee may also contact and evaluate the Proposer's and subcontractor's references; contact any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.
PHASE 3 - ORAL PRESENTATIONS/INTERVIEWS
Finalist candidates will be invited to make a presentation to the Review Committee and answer questions about their proposal. The purpose of this phase is two-fold: to present the proposal, and to clarify and resolve any outstanding questions or issues about the proposal.
The City reserves the right to further negotiate the proposed work scope and/or method and amount of compensation.
Contract award will be based on a combination of factors that represent the best overall value for completing the work as determined by City, including: the written proposal criteria described above; results of background and reference checks; results from the interviews and presentation phase; and proposed compensation.
A Notification of Intent to Award may be sent to any Proposer selected. Award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully, the City in its sole discretion may negotiate a contract with another Proposer or withdraw the RFP.
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45 Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
Section D: Proposal Forms
REQUIRED FORMS
PROPOSAL FORMS TO BE RETURNED
Proposers must submit their original signed Form A as part of their proposal. Additionally, Proposers must complete and submit Forms B-J as shown on the following pages as part of their proposal. These forms can be downloaded from the RFP website and must be completed and submitted in electronic format.
Form A Communication Protocol
Form B Proposer’s Statement of Organization
Form C Container Specifications
Form D Vehicle Specifications
Form E Disposal Transfer, and Processing Facilities
Form F Subcontractors
Form G Non-Collusion Affidavit of Proposer
Form H Maximum Service Rate - Proposal Summary and Signature Form I Pass/Fail Requirements
Form J Waiver for Electronic Submission of Proposals
Failure to complete, sign, and submit the above required proposal forms with your proposal may render it non-responsive and result in disqualification from this RFP process.
Proposers shall submit multiple copies of a form if appropriate. For example, if a Proposer is proposing more than one potential Organic Waste Processing Facility, the Proposer must complete one set of Maximum Service Rate forms for each Organic Waste Processing Facility proposed.
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50 FORM A: COMMUNICATION PROTOCOL
Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
TO BE EXECUTED BY PROPOSER AND
SUBMITTED BY JULY 29, 2020 BY 2:00 P.M. (PT)
AND WITH PROPOSAL
The City of Thousand Oaks commits to a procurement process for Solid Waste, Recyclable Material and Organic Waste Collection Services that is open, objective, and carefully monitored. The following rules will be adhered to and enforced.
Until the Thousand Oaks City Council awards the Franchise Agreement, all contact between participants, participant’s sub-contractors, participant’s sub-consultants, participant’s affiliates, participant’s lobbyists, legal or political advisors, or any individual or entity that may be assisting the participant in preparing a response to this Request for Proposals, or providing work to the participant should participant be selected, and the City of Thousand Oaks, shall be in writing by email to:
City of Thousand Oaks
Public Works Department
Rod Cordova
[email protected]
All communications between the City of Thousand Oaks and a participant, along with the related responses, will be transmitted simultaneously to all participants that have signed into and attended the MANDATORY pre-proposal Conference Call and will be included as part of the evaluation record.
Any participant who fails to recognize or utilize this process of communication will be notified of its violation and may be subject to disqualification from the selection process at the sole discretion of the City of Thousand Oaks.
Any contact or attempt to contact or directly interact with any elected or appointed official for the purpose of obtaining information or influencing the Request for Proposal Process, including the selection process, will be grounds for determination of non-compliance and disqualification from the selection process.
All participants must acknowledge and sign this statement as part of the RFP process.
All participants must provide a signed version of this statement electronically by July 29, 2020 by 2:00 p.m. PT to be included in the MANDATORY pre-proposal TeleConference Call. Participants that do not provide this signed statement will be disqualified from this procurement process.
On behalf of my company/agency, I understand and accept the rules established in this statement.
Company Name:
(Print or Type)
Representative: Title:
(Print or Type)
Signature (Print out and sign in ink) ___________________________ Date: _______ To submit form - Scan signed form to PDF and email to [email protected] per instructions prior to July 29, 2020 at 2:00 P.M. Also, include this scanned PDF in your submitted proposal.
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51 FORM B: PROPOSER’S STATEMENT OF ORGANIZATION
Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
1. Full Name of Business Concern (Proposer):
Principal Business Address:
2. Principal Contact Person(s):
Name: Phone Number:
Form of Business Concern:
Corporation Partnership Joint Venture LLC Other
4. Provide names of partners or offices as appropriate and indicate if the individual has the authority to sign on behalf of Proposer/company. Provide proof of the ability of the individuals so named to legally bind the Proposer.
Name Address Title
5. If a corporation, in what state incorporated:
Date Incorporated:
Month Day Year
6. If a Joint Venture, LLC, or Partnership, date of Agreement:
3. AR001077
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52 FORM B: PROPOSER’S STATEMENT OF ORGANIZATION - Continued
7. If responding firm(s) are a partially or fully-owned subsidiary of another firm, or share common ownership with another firm, please identify the firms and relationships.
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53 FORM C: CONTAINER SPECIFICATIONS
1. CART SPECIFICATIONS
(Complete 1 form for each service offered)
Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
1. Select services provided: 2. Carts Must Be New
Garbage New
Recyclable Material
Organic Waste (Yard Trimmings only)
Organic Waste (Yard Trimmings and
Food Waste)
Food Waste only
3. Manufacturer……………………………..…..
4. Material of Construction
5. Recycled Content (percentage)……..……
6. Manufacturing Method
(rotational molding, injection molding, other)
Container Size 32-gal 64-gal 96-gal
7. Color
8. Durability (in service years)
9. Cost of Each Container
10. Dimensions of Each
Container
(Length x Width x Height)
11. Wheel Size
12. Manufacturer’s warranty
(inches)
(inches)
(yrs.)
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54 FORM C: CONTAINER SPECIFICATIONS
2. BIN SPECIFICATIONS
(Complete 1 form for each service offered / indicate new or used) Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
1. Select services provided: 2. Will the container be new or used? Garbage New
Recyclable Material Used
Organic Waste (Yard Trimmings only)
Organic Waste (Yard Trimmings and
Food Waste)
Food Waste only
3. Manufacturer……………………………..…..
4. Material of Construction
5. Recycled Content (percentage)……..……
6. Manufacturing Method
(rotational molding, injection molding, other)
Container Size
2 yd
Split
3 yd
Split
4 yd
Split 1.5 yd 2 yd 3 yd 4 yd 6 yd
7. Color
8. Durability (in
service years)
9. Cost of Each
Container
10. Dimensions of
Each Container
(Length x Width x
Height)
11. Wheel Size
12. Manufacturer’s
warranty (years)
(inches)
(in.)
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55 FORM C: CONTAINER SPECIFICATIONS
3. ROLL-OFF CONTAINER SPECIFICATIONS
(Complete 1 form for each service offered / indicate new or used) Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
1. Select services provided: 2. Will the container be new or used? Garbage New
Recyclable Material Used
Organic Waste (Yard Trimmings only)
Organic Waste (Yard Trimmings and
Food Waste)
Food Waste only
3. Manufacturer……………………………..…..
4. Material of Construction
5. Recycled Content (percentage)……..……
6. Manufacturing Method
(rotational molding, injection molding, other)
Container Size 10 yd 20 yd 30 yd 40 yd
1. Color
2. Durability (in service
years)
3. Cost of Each Container
4. Dimensions of Each
Container
(Length x Width x
Height)
5. Wheel Size
6. Manufacturer’s warranty
(inches)
(inches)
(yrs.)
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56 FORM D: VEHICLE SPECIFICATIONS
(Complete 1 form for each vehicle of service provided)
Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
1. Select Service: Garbage Recyclable Material
Street Sweeping
Organic Waste
Other:
2. New
3. Manufacturer and Model
a. Cab and Chassis
b. Body
c. Engine
d. Transmission
4. Cab and Chassis:
a. Cab Height
b. Number of Axles
c. Overall Length with Body
Mounted
5. Body:
a. Type of Body.
b. Rated Capacity
c. Practical or Net Capacity
d. No. of Collection Compartments
e. Net Capacity of Each
Compartment
f. Overall Body Length
g. Body Height
cu. yd.
feet
feet
feet
feet
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57 FORM D: VEHICLE SPECIFICATIONS
(continued)
(Complete 1 form for each vehicle of service provided)
Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
h. Body Width
i. Loading Height Above Ground Minimum
Maximum
feet
inches
inches
6. Weight GVW lbs. Tare lbs.
7. Will the vehicles be owned, leased,
or other?
8. Purchase/lease cost of each
vehicle
$
9. Fuel type
10. Fuel usage mpg
11. Average fuel per fill gal/fill
12. Average fills per day fills/day
13. Average fills per week (M-F) fills/week
14. Emissions rating
a. CO g/bhp/hr
b. HC (total hydrocarbons) g/bhp/hr
c. NOx g/bhp/hr
d. Particulate Matter g/bhp/hr
15. Safety Features (cameras, flashers, other).
16. Color
17. GPS Monitoring and Tracking Features
18. On-board Contamination Tracking (camera,
sensors, other)
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58 FORM E: DISPOSAL TRANSFER, AND PROCESSING FACILITIES
1. PROPOSED RECYCLABLES MATERIALS PROCESSING FACILITY
(Provide One Per Facility Site)
Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
1. Name of Processing Facility
2. Location of Processing Facility
3. Proposer’s role in the Processing Facility
4. Other contracting parties
5. Name, telephone number and address of
Processing Facility owner
6. Types of materials accepted
7. Quantity of materials permitted by material
type (tpd and tpy)
8. CalRecycle Permit Type and Number
9. Local Land-use Permit Number
10. Maximum permitted residual level
11. Per ton gate/processing fee $
AR001084
59 FORM E: DISPOSAL TRANSFER, AND PROCESSING FACILITIES
2. ORGANIC WASTE PROCESSING FACILITY
(Provide One Per Facility Site)
Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
1. Name of Processing Facility
2. Location of Processing Facility
3. Proposer’s role in the Processing Facility
4. Other contracting parties
5. Name, telephone number and address of
Processing Facility owner
6. Types of materials accepted
7. Quantity of materials permitted by material
type (tpd and tpy)
8. CalRecycle Permit Type and Number
9. Local Land-use Permit Number
10. Maximum permitted residual level
11. Per ton gate/processing fee $
AR001085
60 FORM E: DISPOSAL TRANSFER, AND PROCESSING FACILITIES
3. TRANSFER STATION FACILITY
(Provide One Per Facility Site)
Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
1. Name of Transfer Station Facility
2. Location of Transfer Station Facility
3. Proposer’s role in the Transfer Station Facility
4. Other contracting parties
5. Name, telephone number and address of
Transfer Station Facility owner
6. Types of materials accepted
7. Quantity of materials permitted by material type
(tpd and tpy)
8. CalRecycle Permit Type and Number
9. Local Land-use Permit Number
10. Per ton transfer fee (by material type) $
AR001086
61 FORM E: DISPOSAL TRANSFER, AND PROCESSING FACILITIES
4. DISPOSAL FACILITY
(Provide One Per Facility Site)
Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
1. Name of Disposal Facility
2. Location of Disposal Facility
3. Proposer’s role in the Disposal Facility
4. Other contracting parties
5. Name, telephone number and address of
Disposal Facility owner
6. Types of materials accepted
7. Quantity of materials permitted by material type
(tpd and tpy)
8. CalRecycle Permit Type and Number
9. Local Land-use Permit Number
10. Per ton disposal fee (by material type) $
AR001087
62 FORM F Subcontractors
Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
Proposers must list any Subcontractors to be used for any and all services (e.g. education and outreach, street sweeping, billing, customer service etc. including optional services: HHW Home Collection Program and Storm Drain Cleanout). Subcontractors are subject to approval by the City, and will be included as an Exhibit to the Franchise Agreement. Subcontractors must have all applicable federal, county, and/or City licenses for the work they are assigned to perform
1. Subcontractor Name: ________________________________________________ Phone Number: _________________________ Email: _______________________________ Services Provided: _________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
2. Subcontractor Name: ________________________________________________ Phone Number: _________________________ Email: _______________________________ Services Provided: _________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
3. Subcontractor Name: ________________________________________________ Phone Number: _________________________ Email: _______________________________ Services Provided: _________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
4. Subcontractor Name: ________________________________________________ Phone Number: _________________________ Email: _______________________________ Services Provided: _________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ AR001088
63 FORM G: NON-COLLUSION AFFIDAVIT FORM
Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
I, ______________________________________________, hereby declare as follows:
I am _______________________ of ______________________________ the party making the foregoing proposal that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Address
By Name
Title
Organization
To submit form - Scan signed form to PDF and include as part of your submitted proposal to be emailed per instructions.
Signature (Print out and sign in ink) Date:
AR001089
64 FORM H: MAXIMUM SERVICE RATES -
PROPOSAL SUMMARY AND SIGNATURE
Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
In preparing the Rate Proposal Forms Proposers should be aware of the following:
All collection service rates proposed on these forms for City of Thousand Oaks shall be fixed through January 1, 2023 and should reflect service requirements as specified in the Franchise Agreement.
The Undersigned hereby certifies as follows:
That have personally and carefully examined the specifications and instructions for the work to be done as set forth in in this RFP and the Franchise Agreement.
That have made examination of the services as applicable to the proposal, and fully understand the character of the work to be done.
That agrees to reimburse the City for the Cost of this Procurement Process within 30 days of award of the Franchise Agreement.
That, having made the necessary examination, the undersigned hereby proposes to furnish all materials, vehicles, plant, equipment and facilities, and to perform all labor and services which may be required to do said work with the time fixed and upon the terms and conditions provided in the Franchise Agreement, at the service rates set forth on the Rate Proposal Forms.
PROPOSER
President/Partner/Owner/Managing Member
Secretary
Firm Name
Individual: Partnership: Joint Venture
Corporation , A Corporation (State of Incorporation)
Customer Service Rates shall be submitted electronically in Microsoft Excel format with a pdf copy of (each tab of) the Excel document to be included in the proposal document submitted to the City.
AR001090
□ □ □
65 FORM H: SERVICE RECIPIENT RATE PROPOSAL SUMMARY AND SIGNATURE - Continued
Signature Instructions:
If business is a CORPORATION, name of the corporation should be listed in full and both President and Secretary must sign the form, OR if one signature is permitted by corporation by-laws, a copy of the by-laws shall be furnished to the City as part of the proposal.
If business is a PARTNERSHIP, the full name of each partner should be listed followed by d/b/a (doing business as) and firm or trade name; any one partner may sign the form.
If the business is a LIMITED LIABILITY COMPANY, the Managing Member must sign the form.
If the business is INDIVIDUAL PROPRIETORSHIP, the name of the owner should appear followed by d/b/a and name of the company.
If business is a JOINT VENTURE, the full name of each joint venturer should be listed in full and each joint venturer must sign the form, OR if one signature is permitted by the joint venture agreement or by-laws, a copy of the agreement or by-laws shall be furnished to the City as part of the proposal.
Signature (Print out and sign in ink) _________________________ Date:
To submit form - Scan signed form to PDF and include as part of your submitted proposal to be emailed per instructions.
AR001091
66 FORM I: PASS/FAIL REQUIREMENTS
Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
PROPOSER NAME
(name of the entity that will sign the Franchise Agreement in the event one is awarded) Key Contact Information
Name:
Title:
Address:
Telephone Number:
Email:
The Undersigned hereby certifies as follows (initial next to each statement):
______ The Proposer has attended the MANDATORY pre-proposal Conference Call held on July 30, 2020, at 2:00 p.m. PT.
______ The Proposer has provided all required items in Section 1 of their Proposal, including Cover Letter, Executive Summary, Performance Bond Commitment Letter, and Signed Copies of Addenda.
______ The Proposer certifies that Proposer has agreed to meet the specifications and instructions for the services to be done as set forth in this RFP. ______ The Proposer certifies that Proposer has agreed to meet the specifications and requirements as set forth in the Franchise Agreement.
______ The Proposer certifies that Proposer has made an examination of the services as applicable to the proposal, and fully understands the character of the work to be done. ______ The Proposer warrants that the requirements of the Franchise Agreement as described in this RFP, its enclosures, and all addenda have been thoroughly reviewed and the Proposer has conducted all due diligence necessary to confirm material facts upon which the proposal is based.
______ The Proposer certifies that all proposed disposal, transfer and processing facilities as listed by Proposer in Form E are fully permitted and capable of handling the City of Thousand Oaks’ Solid Waste during the term of the Franchise Agreement.
AR001092
67 FORM I: PASS/FAIL REQUIREMENTS - Continued
______ The Proposer and City agree to each pay fifty-percent (50%) of the cost of each of the three (3) Performance Reviews, up to $75,000 each, during the base term of the Agreement, with one potential additional Performance Review (at the same cost) during the potential extension period. This amount will be escalated annually by calculation using the percentage change in the CPI on July 31 of the previous two years. Therefore, the first annual CPI adjustment (effective January 1, 2023) will be based on the percentage change between the CPI on July 31, 2022 and the CPI on July 31, 2021 (the prior preceding 12-month period), with a cap set at 1.0% to 4.0%. Adjusted cost shall be rounded to the nearest cent.
______ The Proposer agrees to submit a Performance Bond in the amount of $2,000,000,000 effective January 1, 2022.
______ The Proposer agrees to reimburse the City for the cost of this procurement up to but no more than One Hundred and Fifty Thousand Dollars ($150,000). This one-time payment is due for consultant fees for the preparation of this Request for Proposals and negotiation costs and shall be payable to the City within thirty (30) days after the Franchise Agreement is executed.
______ The Proposer acknowledges that there will be no “true-up” of Contractor’s revenue or any adjustment to Service Rates for the term of the Franchise Agreement if the information contained in this RFP is not accurate, or if there are changes in the types or level of service subscribed to by Service Recipients (i.e., account migration). ______ The Proposer acknowledges the validity of the proposal contents, including proposed Service Rates and pricing for a period of two hundred (200) days from the proposal due date.
Having made the necessary examination, the undersigned hereby proposes to furnish all materials, vehicles, plant, equipment and facilities, and to perform all labor and services which may be required to do said work within the time fixed and upon the terms and conditions provided in the Franchise Agreement, at the service rates set forth on Form H:
PROPOSER NAME
(name of the entity that will sign the Franchise Agreement) President/Partner/Owner/Managing Member
Secretary
Firm Name
Individual: Partnership: Joint Venture:
Corporation , A Corporation (State of Incorporation)
Signature (Print out and sign in ink) _______________________ To submit form - Scan signed form to PDF and include as part of your submitted proposal to be emailed per instructions.
Date: _______
AR001093
□ □ □
68 FORM I: PASS/FAIL REQUIREMENTS - Continued
Signature Instructions:
If business is a CORPORATION, name of the corporation should be listed in full and both President and Secretary must sign the form, OR if one signature is permitted by corporation by-laws, a copy of the by-laws shall be furnished to the City as part of the proposal.
If business is a PARTNERSHIP, the full name of each partner should be listed followed by d/b/a (doing business as) and firm or trade name; any one partner may sign the form.
If the business is INDIVIDUAL PROPRIETORSHIP, the name of the owner should appear followed by d/b/a and name of the company.
If the business is a LIMITED LIABILITY COMPANY, the Managing Member must sign the form.
If business is a JOINT VENTURE, the full name of each joint venturer should be listed in full and each joint venturer must sign the form, OR if one signature is permitted by the joint venture agreement or by-laws, a copy of the agreement or by-laws shall be furnished to the City as part of the proposal.
AR001094
69 FORM J: WAIVER FOR ELECTRONIC SUBMISSION OF PROPOSALS FORM
Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
I, _____________________, am submitting a proposal on behalf of __________________ in response to the Request For Proposals (RFP) published by the City of Thousand Oaks on July 16, 2020 entitled Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services. By signing below, I hereby affirm that I have read and agree to the following:
1. Due to extraordinary circumstances caused by the COVID-19 pandemic, City is temporarily suspending the requirement that proposals for the above referenced RFP be submitted as hard copies. City will now be accepting proposals electronically.
2. I agree to submit my proposal according to the directions as stated in the Submittal Section B of this RFP. Files should be titled as requested per this RFP.
3. I understand that, while City will take every reasonable step to ensure that electronic submissions are not opened prior to the published date and time, and that no information is shared with other proposers, City makes no guarantee as to such. I understand that by submitting my proposal electronically I do so at my own risk and agree to waive any claims of proposal opening irregularities except where caused by gross negligence or intentional act.
I certify that I am authorized to sign this document on behalf of the above-named company.
____________________________________________ ________________ Name and Title Date
AR001095
70 Residential and Commercial Solid Waste, Recyclable Material, and Organic Waste Collection Services
Section E: Draft Franchise Agreement
FORM OF AGREEMENT
See attached draft Franchise Agreement
AR001096
Dated: January 1, 2022