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24. Los Altos GarbageCUPERTINO Summary PUBLIC WORKS DEPARTMENT AGENDA ITEM ~ ~ AGENDA DATE July 7, 2009 SUBJECT AND ISSUE Defer for 90 days any consideration of the letter from John Zirelli of Los Altos Garbage Company (LAGCo} proposing additional collection services and expansion of recycling services for the City of Cupertino in exchange fora 5 year extension and an additional fzve year option of the existing LAGCo Solid Waste Services Contract with the City which will expire October 3 i, 2410. BACKGROUND On May 20, 2008 the Council approved $'70,000.00 to fund additional services to be provided under the City's existing Solid Waste Services contract with (LAGCo), and appointed two of its members, then Vice Mayor Orrin Mahoney and Council member Gilbert Wong, as a Council subcommittee with the objective of exploring additional Household Hazardous Waste {l-II~V-~ and other services. A letter, dated May 21, 2009, was sent to the subcommittee from John Zirelli, General Manager of LAGCo. The letter proposed four expanded or additional collection services and the expansion of one single stream recycling service in exchange for a five year extension to LAGCo'.s current Solid Waste Service Contract as well as an option to extend the contract an additional five years beyond that. There are two significant implications that Mr. Zirelli's proposal raises that staff believes should be carefully weighed by the Council before any consideration of this or any other proposal by LAGCo to extend their existing service contract. These considerations are as follows: Process Scenario and Schedule for a New Solid ~JVaste Contract The current contract, as noted above, does not e~~pire until October 31, 2010, o~Ter a year and five months from the date of Mr. Zirelli's letter. As suc~i, time under any scenario, is not yet of the essence. Further, although not legally required, the Council should consider the pros and cons of using the competitive Request for Proposals (RFP} process prior to consideration of any offer to .extend the current contract with LAGCo. An RFP would most likely not be issued until early in 2010 to allow a minimum of 6 months for the selection process and contract negotiations. 24-1 There is no question that LAGCo's record of service and their performance has been consistently good over the term of the current contract and their current proposal seeks to maintain a low garbage rate which is an important consideration in continuing the contract. However, this contract is potentially worth $10-15 Million to the successful provider over aten-year period. As such, to arbitrarily pre-empt the open competition RFP process, even with demonstrably good reason, will likely bring criticism within the solid waste industry in not allowing other vendors to compete for this very lucrative iong- term contract. Landfill Diversion Rate and Goal Even a cursory review of the letter reveals an obvious omission in the proposal as there is no reference whatsoever to an increased goal for the diversion of recycled products in general. The State requirement goal for diversion of waste from the landfills is 50%. The City is currently diverting ~~vaste in amounts up to 60%. Any new contract should seek to increase that goal dramatically. The City's consultant reports that recent solid waste contracts set a goal of "the maximum diversion rate possible", while expecting diversion rates of higher than 75%. At least three cities, under theiz new contracts have reported diversion rates of at least 75% to the State. In any proposal, either through the RFP process or a negotiated contract with LAGCo, similar goals should be included for the City of Cupertino. Staff Review and ]Evaluation /Recommendations to Council This Letter and Proposal was sent directly to the sub-committee without a copy to the Staff. Staff xeceived a copy of the letter on May 29, 2009, which given other demands including the budget adoption process, did not allow sufficient time to thoroughly review and evaluate it, nor to be advised after review by the City's Solid Waste Consultant, Richard Gertnian. Therefore, Staff is unable to make knowledgeable and appropriate recommendations to the Council at this time. If, after weighing the advantages and disadvantages of not pursuing a new contract by the RFP process, the Council should elect not to use the competitive RPP process but, uzstead to consider an extension of the current contract as proposed by Mr. Zirelli, Council should direct Staff to negotiate a new contract. With Council direction, Staff would pursue as many additional services as possible to benefit the City, rather than to just accept Mr. Zirelli's proposal without scrutiny and without a search for further opportunities. CONCLUSION Since the current Solid Waste Services contract does not expire iuitil October 31, 2010, there is no compelling or immediate need for the Council to take any action at this time. Staff recommends that Council defer any action on the Solid Waste Services contract for a period of 90 days pending a consideration of all pertinent information and a full report by Staff and the City's solid waste consultant on available options and costs associated with a new Solid Waste Services contract. 24-2 2 STAFF RECOMI«NDATION Defer for 90 days any consideration of the letter from John Zirelli of Los Altos Garbage Company (LAGCo) proposing additional collection services and expansion of recycling services for the City of Cupertino in exchange fora 5 year extension and an additional five year option of the existing LAGCo Solid Waste Services Contract with the City which will expire October 31, 2010. Submitted by: `~72_~ C~ c.t.. cc Cpl Ralph A. Qualls, Jr. Director of Public Works Approved for submission: ~~ David W. Knapp City Manager EXHIBIT A -Letter from John Zirelli, General Manager Los Altos Garbage Company 24-3 J EXHIBIT A Peo~ile • Ser-uice • Environment LOS ALTOS GARBAGE COMPANY May 21, 2009 Mayor Orin Mahoney Councilmember Gilbert Wong Environmental Sub-Committee City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 RE: Expansion of the City of Cupertino Recycling Programs Dear Mayor Mahoney and Councilmember Wong: I would like to propose an expansion of the recycling services that Los Altos Garbage Company (LAGCo) provides to the City of Cupertino at no additional cost to the residents, multi-family and commercial businesses of Cupertino. While we are very proud of our continually high scores for customer satisfaction, most reo~-rt survey results from November 2008 rating the LAGCo solid waste and recycling services at extremely satisfied or satisfied at 95% and 94% ratings respectively, we can do more. Our quarterly "Environmer~kal Day" has been extrerr~ly successful, and we have received positive feedback from the residents that utilize this program. We completed our third event on April 18, 2009. This special col lection event has proven to be a wonderful opportunity for us to learn more about what residents would like to see added to the services that we provide. In order to help expand and support a sustainable living environment, recover and recycle more materials that arse still going into the landfill, help residents to properly dispose of hazardous materials, and further reduce greenhouse gasses, LAGCo would I ike to introduce the following recycling programs in the City of Cupertino: 1) Residential Food Waste and Organics Collection 2) Commercial Food Waste and Organics Collection 3) Curbside Col lection of CFLs and Fluorescent Tubes 4) Curbside Collection of Household Hazardous Waste 5) Single~tream Recycling for all Multi-Family, Commercial and City Facility Accounts Each of these programs is discussed in detail in the following paragraphs. 650 MARTIN AVENUE • SANTA CLARA, CA 95050 •'rELEPNONE {408) 588-7200 • FAX {408) 588-1102 Proud fo be Employee Owned 24-4 PRIIJTED ON 100% RECYCLED PAPER Page 2 1) Residential Food Waste and Organics Collection Per the California Integrated Waste Management &~ard, food waste and food-soiled paper comprise the largest portion of the residential waste strum, making up over 44°!0 of what residents throw away. By providing a food waste and organics collection program, the City of Cupertino will be able to reduce disposal tonnages. Our proposed residential food waste and organics collection program is estimated to divert an additional 1,100 tons of material annually from the landfill. Keeping food waste and organic material out of the landfil I reduces the ~~mount of methane produced, and methane is 23 times more potent a greenhouse gas than carbon dioxide. Each residential customer would receive a "Compact Kitchen Pail" to use for collection of their food waste and organic material. Residents would then dump the contents of the Compost Kitchen Pail into their existing yard waste container. The material wcFuld be collected by the current LAGCo yard waste routes and brought to the Zanker Road prooetsing facility. Material that wi I I be collected through the food waste and organics program are fruit, vegetables, breads, cereal, dairy products, meat (including bones), coffee grounds and filters, tea bags, and food- soiled paper, including paper towels, plates, napkin:> and pizza boxes. LAGCo would implement an extensive outreach program through mailers, homeowners meetings, service club presentations and the City of Cupertino access channel. 2) Commercial Food Waste and Organics Collection In August 2007, the City Council approved a pilot commercial food waste and organics collection program targeted at compactor customers. This pilot program has been a success, and we are currently diverting 1,500 tons per year from Apple, HP, and Whole Foods. LAGCo, in partnership with the City of Cupertino, implemented an additional pilot commercial food waste collection program for the Cypress Hotel and Park Place Restaurant in August 2008. We are now collecting, on average, 7 tons per month of organics in this programs. We have identified 150 accounts within our commercial customer base that are high generators of food waste and organic material LAGCo estimates that we can divert an additional 3,000 tons of organic material annually through the expansion of ,~ commercial food waste program to these customers. Each business would receive one or more organics containers for the storage of their food waste and organic material. In addition, LAGCo would supply each applicable business with "Slim Jim" containers for the interior storage of organic materials that one generated in kitchens, cafeterias, and lunch rooms. When these containers are full, the c~.~,tomer will empty them into the organic material container that is serviced by a dedicated LAGCo commercial organics collection route. LAGCo would implement the same type of outreackti program as mentioned above for the residential food waste oral organics collection program. In addition, as we did with the Cypress Hotel and Park Place Restaurant, we would meet with staff of commercial businesses and provide training for the food waste and organics collection program. 3) Curbside Collection of CFLs Bulbs 24-5 Page 3 Los Altos Garbage Company could add the collection of CFLs bulbs to the current residential recycling program. Customers would place CFLs in clear Ziploo-type bags next to their curbside recycling cart, and we would collect the bags and pace them into a separate compartment on the regular recyclables collection truck. All CFLs bulbs will be recycled through our E-waste/U-waste processor, AERC. We estimate that we will collect 70,500 CFLs based on ~ estimated 5 items per household per year. 4} Curbside Collection of Household Hazardous Waste Curbside Inc. is a company that specializes in residential curbside collection of household hazardous waste (HHW). They are currently in disa,rssions with the South Bay Waste Management Authority (SBWMA) to provide collection services to the cities throughout San Mateo County, and they have expressed an interest in providing the same service`s and terms to the City of Cupertino. The cost of the program is estimated to be $0.45 per month per household, based upon a defined maximum participation rate. Their program includes a scheduled appointment collection through the Curbside Inc. toll-free phone number. Residents receive a "kit" that describes the program and includes a heavy bag for their use in collecting the HHW. Curbside, Inc. collects the contents of the kit bag plus up to three automotive batteries and E-waste material. A copy of the Curbside lnc. proposal for the City of Cupertino HHW curbside collection is included with this package. 5} Single-Stream Recycling for all Multi-Family, Commercial, and City Facility Accounts Currently, LAGCo's multi-family, commercial, and City facility accounts in Cupertino recycle utilizing source~eparated containers for newsprint and mixed paper, bottles and cans, and source- separated cardboard. We estimate that an additional 700 tons of recycling material annually would be generated through the conversion to single~tream recycling for multi-family, commercial, and City facility accounts. In 2005, when we converted the single-family homes to singe-stream recycling, recycling volumes increased 95-20%. To maximize single~tream recycling for multi-family, commercial, and City facility accounts, Los Altos Garbage Company would conduct a "Recycling Blitz" on the 500 accounts through the utilization of experienced Recycling Coordinators from our other Norval operations. Each representative would visit a minimum of 10 accounts per day and customize their single-stream recycling program to meet their needs, based on an audt of their wastestr~n and cx~rrent recycling volumes. In areas that have limited storage capacity, LAGCo will provide centrally located, "shared" recycling containers for multiple customers to utilize. Las Altos Garbage Company proposes to absorb the operating and capital costs of these programs (excluding possible HHW collection costs} in exchange for ashort-term contract extension of five (5} years and a five (5) year option to extend that would be mutually agreeable to both parties. I ncluded as Attachment A is a comparison of solid waste rates of jurisdictions in Santa Clara County. As the sdledule illustrates, Cupertino residential and commercial rates are among the lowest in Santa Clara County. Las Altos Garbage Company has enjoyed our successful partnership with the City, and with the residents and businesses of Cupertino. We look forward to continuing to provide the excellent service and recycling programs for the community, and strive to increase our satisfaction ratings on the next survey to exceed the 94% and 95% 2008 levels. 24-6 Page 4 Please feel free to contact meat jzirell i@losaltosgarbage.oom or by telephone at 408-588-7224 if you ham any questions. Sinoer~ely, Jol~ Zirelli General Manager Los Altos Garbage Company 24-7 ~~ ~-I~-Ic~~ ~~~ ~ ~ green`nraste a brighter sf iade of green July 6, 2009 Mayor Mahoney and Members of the City Council City of Cupertino 10300 Torre Ave Cupertino, CA 95014-3202 RE: Recycling and Waste Collection and Processing Services Dear Mayor Mahoney and Honorable Members of the City Council: GreenWaste Recovery, Inc. (GreenWaste) respectfully requests that the City of Cupertino: 1. Approve the Staff recommendation fora 90-day exi:ension of any decision on the existing franchise. 2. Direct the Staff to explore the steps necessary to authorize an RFP for Recycling and Waste Collection and Processing Services, including conducting an industry outreach effort to determine the interest among other providers to serve the City of Cuperi:ino as well as receiving information for surrounding communities (e.g., the City of Palo Alto) relating to their experiences with the RFP process. When other cities in the area have competitively bid their w~iste service contracts, they have been rewarded with noticeably reduced rates, better customer service for their residents and/or significantly increased solid waste diversion. GreenWaste would like the opportunity to compete for Recycling and Waste Collection services for the City of Cupertino. We believe our significant collection and processing services and increased waste diversion rates, our capacity and new technologies, our costs and our highly-rated customer service would enhance service to your residents. By undergoing a waste collection and recycling RFP process, the city would guarantee itself and their residents the best possible rates and services available. If selected, GreenWaste could offer the following advantages compared to other traditional waste service companies: _`''- Reach and maintain Zero Waste goals of at lea:~t 75% recovery. _`''~ Offer innovate food waste and organics collection and processing services. _`''~ Provide expanded commingled residential, multi -family and commercial recycling program. _`''~ Proven innovation of transforming waste and debris into marketable end products. _`''~ Furnish new vehicles, carts and commercial containers. _`''~ Offer extensive community outreach program with focus on the multi-cultural se~ice recipients. ~`' % Local ownership of collection and processing companies. _`'= Winner of SWANA 2009 Recycling System Golcl Excellence Award for the Multi-Family Recycling. _"'- Proven track record with transitions from servicE~ provider to another. GreenWaste can assist the City of Cupertino in achieving its Zero Waste goals by mt~cimizing resource recovery and producing high quality recycled products, all at a competitive price. City materials would also be processed though our new biogas facility that converts organics to a productive gas during the composting process. GreenWaste Recovery, Inc., 1500 Berger Drive, San Jose, CA 95112 Main: 408.283.4804 Fax: 408.287.3108 www.greenwaste.com Printed on recd-clad paper. Since our inception in 1991, GreenWaste has providE~d exceptional and economical waste collection and recycling services to multiple jurisdictions (including the Cities of San Jose, Petaluma, Scotts Valley, and Capitola, the Towns of Woodside, Portola Valley, and l.os Altos Hills, and the Counties of Santa Clara and Santa Cruz). GreenWaste is committed to providing their exceptional ~~nd economical services to the City of Cupertino. To that end, we have competed to win a large number of these contracts and have had significant experience in transitbning into cities without any reduction in the level of customer service. to response to an official RFP, GreenWaste can present its competitive pace, supen~~r customer service, collection experience, in-place infrastructure, proven technology, and can-do attitude that sets us apart from other potential vendors. GreenWaste has long been dedicated to devebping new technology and finding innovative ways to strike the delicate balance between environmental sustainability rind economic feasibility in processing, recycling and diverting materials away from landfills while maintaining a low cost structure and superior customer service. As our company mantra says, we are committed to being "a brighter shade of green". We are also committed to accountability to the leadership of the cities we serve ~rnd provide that accountability by having a substantial local presence in the community including community participation in a number of ways, such as, direct community support as well as participating in civic and cutlural affairs. Cupertino has not had a competkive bid on its recycling and waste collection program for over 80 years. In these difficult times for government, we believe and RFP will insure the City gets the best deal possible for the term of next contract. Sincerely, _~ ~~T Frank Weigel Chief Operating Officer CC. Vice Mayor -Kris Wang Council Member Gilbert Wong Council Member Mark Santoro Council Member Dotly Sandoval