HomeMy WebLinkAboutMINUTES - 08111998 - D10 TO: BOARD OF SUPERVISORS
•. Orltra
.
Costa
FROM: DENNIS M. BARRY, AICP County
COMMUNITY DEVELOPMENT DIRECTOR
WILLIAM B. WALKER, M.D.
HEALTH SERVICES DIRECTOR
GATE: August 11, 1998
SUBJECT: Accept Report Regarding Teamsters Local #318 Leber Strike of Browning-Ferris
Industries From the Community Development Department and the Environmental
Health Department
SPECIFIC REQUEST(S) OR RECOMMENDATION{S} & BACKGROUND AND JUSTIFICATION
REQQMME-NDATIONS
ACCEPT report from the Community development director and the Health Services
Director regarding Teamsters Local #318 labor strike of Browning-Ferris Industries.
BACKGRQUND
At their meeting on August 4, 1898, the Board of Supervisors directed the
Community Development and the Health Services Departments to report back on the
status of the health situation; report on which areas and routes have been serviced
on a day-to-day basis; report on the monitoring of the strike including conditions in
the neighborhoods, the transfer station and the landfill; and report on the franchise
agreement concerning conditions which what would constitute breach and result in
termination of the contract. The Community Development Department was
authorized to send a designated staff person to the labor negotiations as an Impartial
observer if Invited by both the Teamsters Local #315 and BFI.
Ct3N7INUEDJ ON ATTACHMENT: YES SIGNATURE `
RECOMMENDATION t F COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CCOIVIWIITT E
APPROVE OTHER
SIGNATURE S :
ACTION OF BOARD ON Augustii _ 19 9 8- APPROVED AS RECOMMENDED j__OTHER_
SEE THE ATTACHED ADDENDUM FOR BOARD ACTION
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS {ABSENT sup,v AND CORRECT COPY OF AN ACTION TAKEN
AYES: _ NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE BATE
SHOWN.
Contact: Linde Moulton (925) 335-1238 ATTESTED} Au g g s t 11 . 1998
cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF
Health Services Department THE BOARD OF SUPERVISORS
BFI (via CIT) AND COUNTY ADMINISTRATOR
LW:ad B _, DEPUTY
Linda's Disk:8-11-98.bo
ACCEPT REPORT REGARDINO TABOR STRIKE
BOARD OF SUPERVISORS
Page 2
BA.. F UN(cont'd)
On March 10, 1998 the Community Development Department provided the Board with
copies of the Franchise Agreement with BFI/Pleasant Hill Bayshore Disposal. Exhibit A,
which is attached, is excerpts from the Franchise Agreement with BFI/Pleasant Hill
Bayshore Disposal (BFI). Section 5, page 3 and 4, gives Exclusive Privilege and Duty to
BFI to collect and remove sold waste for disposal and recycling. The contractor, BFI,
promised and agreed to perform the responsibilities and duties set forth in the Franchise
Agreement.
Section 11 of the Franchise Agreement states that the contractor shall systematically
collect solid waste. The hauler is allowed to collect from residential units between 4:00
a.m. and 7:00 p.m.
Section 26 states that the contractor shall submit a $10,000 faithful performance bond.
The condition of bond is that the contractor will faithfully perform the duties imposed by
ordinance, the Franchise Agreement and other rules and regulations of the County. The
County can proceed against the bond if the conditions of the contract are not met.
Under Section 35, the Director of Community Development shall have authority, subject
to review by the Board of Supervisors upon appeal, to determine whether a breech of any
provisions of the Franchise Agreement has occurred. In this case, the Community
Development Director determines that a breach has occurred, the County shall give the
contractor written notice. The contractor has a reasonable period to cure the noticed
breach but not to exceed 60 days. If multiple or repeated breaches occur, the Director of
Community Development can declare any subsequent breach to be material. If such a
determination of a material breach is made, the Director's determination shall be
automatically appealed to the Board for final action. A material breach shall be cause for
termination of this Franchise Agreement by the Board of Supervisors.
In the event of a termination, the County shall have the right to temporarily assume the
obligations of the contractor and shall have the right to take possession of all trucks and
other equipment of contractor and exercise the contractor's right to enter and use any ,
disposal facilities for the purpose of performing the services agreed.
Upon the occurrence of a material breach and the declaration of such and termination of
this Franchise Agreement by the Board, the Franchise granted shall be of no further farce
and effect. The County then shall be free to enter into whatever other arrangements we
deem justified and necessary for collection removal and disposal of solid waste.
In the case of an emergency due to natural disaster or labor strike which interrupts the
collection of solid waste, the Beard of Supervisors shall have the right to declare a
temporary suspension of the Franchise for the reasonable duration of the emergency and
until such time as the County determines that the contractor is able to resume all
obligations under the Franchise (under Section 36). If the Contractor fails to demonstrate
the satisfaction of the Board that the required services can be resumed prior to a f month
period, the Franchise may be terminated at the direction of the Board.
On March 9, 1998, County Counsel sent a memo to the Board concerning the possible
service interruption due to a labor strike under BFI Franchises. A copy of this memo is
attached as Exhibit B.
The Teamsters Local 315 wrote a letter to the Community Development Department
inviting an observer to attend the labor negotations. No such letter was received from BFI.
The Environmental Health Division of the Health Services Department has handled
ACCEPT REPORT REGARDING LABOR STRIKE
BOARD OF SUPERVISORS
Page 3
approximately 144 complaints since August 4, 1998 regarding wash services in areas
served by BF1. A total of 18 complaints were received from unincorporated areas. The
following is a summary of the 144 complaints received:
Complaints By Location
Incorporated, #of Complaints
Antioch 12
Clayton 4
Manville 10
Hercules 2
Lafayette 15
Martinez 20
Moraga 3
Orinda 9
Pleasant Hill 7
Walnut Creek 44
Subtotal 126
Unincor orated Areas
Alamo 8
Bay Point 1
Concord 1
Pacheco 3
Rodeo 5
Subtotal 18
Total 144
Complaints by Type of Service and [late
Q811Yi 'de I r
Tuesday, August 4 18 0 18
Wednesday, August 5 25 24 49*
Thursday, August 6 13 3 16
Friday, August 7 31 18 49*
Saturday, August 8 2 0 2
Monday, August 10 10 0 10**
Total 99 45 144
Ngtea
*- Includes 25 referrals from CCSSWA on 8/5 and one on 817
**
-Through 11:00 a.m. 8/10
At this time, after evaluating the data from the Environmental Health department, staff has
not recommended that the Director of Community Development find BFl in breach of the
Franchise Agreement. Staff will continue to monitor the complaints and coordinate with
the Health Services Department.
ADDENDUM TO ITEM D.10
August 11, 1998 Agenda
On this date, the Board of Supervisors considered the report from the Community
Development Director and the Health Services Director on the Teamsters Local #315 labor
strike of Browning-Ferris Industries (BFI) regarding the solid waste labor strike.
William Walker, M.D., Health Services Director, reported that the Environmental Health
Services' staff, as the local enforcement agency for solid waste disposal, has been in the field
monitoring the public health aspects of the garbage strike.
Ken Stuart, Environmental Health Director, updated the Board on the strike's effects during
the past week. Mr. Stuart noted that his office had'd received 155 complaints this week
regarding service, and he explained how his office deals with those complaints. He further
reported on the effect of the strike at the transfer station, and noted that based on his
assessment, the strike should not be considered a public health emergency at this time.
The Board discussed the issues. The public hearing was opened, and the following people
presented testimony;
Paul Nelson, Browning-Ferris Industries;
John Dalrymple, Labor Council, 520 Green Street, Martinez;
Joan Weber, 569 Rock Oak Road, Walnut Creek;
Dale Robbins, Teamsters Local #315, 2727 Alhambra, Martinez;
Paula Macchello, Teamsters.
All those desiring to speak having been heard, the Board continued to discuss the matter.
Supervisor DeSaulnier questioned whether BFI had been upholding the terms of the
Franchise Agreement with regard to the day and time garbage was being collected. Dennis
Barry, Community Development Director, responded that he had not been notified of any
changes by BFI. Supervisor DeSaulnier asked if they had made changes, without contacting
the County, would that constitute a breach of the Franchise Agreement.
Victor Westman, County Counsel, responded that it may not have been a material breach of
the Agreement.
Supervisor Gerber moved that the Board direct staff to seek customer service and delivery
records relative to Section 12 of the Agreement with BFI, and report to the Board on that
information,
Supervisor Rogers seconded the motion.
Super-visor DeSaulnier suggested that as an amendment to the motion, the Board request the
Community Development Director to send a letter to BFI asking that they notify the
Community Development Director of any changes in the scheduling under Section 11 of the
Agreement. If there are any such changes, submit those to the Community Development
Director for review. Mr. DeSaulnier offered a further amendment, that County Counsel review
the potential to amend the existing Franchise Agreement, so that if this situation occurred
again, it would be clear whether there was a breach or temporary breach of contract regarding
performance.
Supervisor Gerber and Supervisor Rogers agreed to accept the amendments.
Dennis Barry, Community Development Director, advised the Board that under Section 12
of the Franchise Agreement, the County would only have the authority to review the records
of BFI with respect to the areas in which the County had a franchise. The County would not
have the authority to provide this information to another agency. Victor Westman,
County Counsel, stated that with regard to BFI's activities in the Joint Powers Agreement
area, the County does not have the authority to view the records.
Following further discussion, the Board took the following action:
ff LS BY THE BOARD ORDERED that staffs recommendation is APPROVED; the
Community Development Director is DIRECTED to send a letter to Browning-Ferris
Industries (BFI), to obtain and review compliance with collection schedules relative to
Section I I of the Franchise Agreement; the Community Development Director and County
Counsel are DIRECTED to review BFI's records (those under County authority), pertaining to
customer satisfaction and delivery of services relative to Section 12 of the Franchise
Agreement and report that information to the Board; and County Counsel is DIRECTED to
review the current Franchise Agreement, and advise the Board of Supervisors on future
possible measures regarding contractual reponsibilities.
2
EXHIBlf A
r FRANCHISE AGREEMENT WITH
PLEASANT HILL. SAYSHORE DISPOSAL., INC.
CONTRA COSTA COUNTY
t
the process of collecting, sorting, cleaning, treating and
reconstituting materials and recovering them so that they may be
used in the form of raw material for news reused, or
reconstituted products.
n. Residential Solid Waste. Residential Solid Waste
means Solid Waste routinely originating from single-family or
multiple family dwellings. Residential Solid Waste includes
household hazardous waste, but does not include septage.
o. Septage. Septage means non-sewered liquid or
semi-liquid waste which may be trucked to treatment facilities
for disposal, ntanker commercibut not al greasedclean-outs,waste from
and
residential Septic
industrial waste holding facilities.
p. Solid Waste. Solid Waste has the meaning set
forth in Section 40191 of the California public
cResources Code as
of the date of execution of this Agreement.
Solid includes, but is not limited to, all putrescible and
nonputrescible solid, semisolid, and liquid wastes, including
garbage, trash, refuse, paper, rubbish* ashes, demolition and
construction wastes, ' abandoned vehicles and parts thereof,
discarded home and industrial appliances, dewatered, treated, or
chemically fixed sewage sludge which is not hazardous waste,
manure, vegetable or animal solid and semisolid wastes and other
discarded solid and semisolid was. "Solid waste" does hazardous waste, except
not
include infectious, designated, and
household hazardous waste.
q. Waste Stream. Waste Stream means the Solid Waste
to be collected under this Agreement from the time of its
collection by the Contractor to its disposal
lfat a landfillty or or, at
County's discretion, delivery to a transfer
facility by Contractor.
3. TERM. Subject to Section 33 (Annexations and
d Change of
Franchise Area Boundaries) and Section (Breach
Termination) * the term of this Agreement and the exclusive
franchise granted hereunder shall be ei of commencithis ng ontthe
effective date first mentioned in section
4. INTENT TO REGULATE ALL RECYCLING AND RESIDENTIAL AND
SOLID 'WASTE COLLECTION, REMOVAL AND/OR DISPOSAL. The parties
hereto agree that County currently has jurisdiction to regulate
the collection, removal and disposal of all Solid wastes and
to reg
the
recycling of all materials
solidrWastese Area. The ha handling service and
t of
this Agreement is to g
recycling of material in the Franchise Area.
riSallowed. EXCLUSIVE PRIVILEGE ANIS
Cthe exclusivetprivilegebY
aw*
County hereby grants to Contractor
May 3, 1995 3
r
and duty to collect and remove for disposal and recycling, all
residential and commercial Solid Waste, including recyclable
materials, within the Franchise Area and to charge and receive
charges therefor, pursuant to and subject to the terms of this
Agreement. Contractor promises and agrees to perform the
responsibilities and duties set forth herein.
The Franchise Area may be expanded or reduced in size by
mutual agreement of the parties, or as provided in Section 33
(Annexation and Change of Franchise Area Boundaries) of this
Agreement.
5. ZXCEPTIONS TO EXCLUSIVE PRIVILEGE. The exclusive
privilege granted by this Agreement shall not apply if:
(a) A person or entity generates Solid Waste,
including recyclable materials, and personally collects, removes
and disposes or recycles such in a clean and sanitary manner in
conformance with all applicable laws and regulations, including
mandatory subscription ordinances. This exception shall not
apply to a person who incurs a not cost of collection to a third
person in the above described activities; or
(b) A person or entity contracts with a third person
for the removal and disposal or recycling of inorganic refuse or
garden waste (a "Non-Franchised Contractor") and such 'removal and
disposal or recycling is solely incidental to work such as
remodeling or gardening occasionally performed by or for the
customer. This exception shall not apply if the Non-Franchised
Contractor incurs a net cost of collection to any third person in
connection with its collection and/or disposal of said Solid
Waste.
T. CONTRACTOR'S DUTY TO MAINTAIN RECORDS; COUNTY'S
RIGHT TO EXAMINE RECORDS. Contractor shall maintain a ,proper set
of books and records in accordance with generally accepted
accounting principles, accurately reflecting the business done by
it under this Agreement.
Contractor shall further maintain and make available to
County, upon its request, records as to number of Customers,
total and by type, route .maps, service records and other
materials and operating statistics in such manner and with such
detail as County may require. County shall treat the information
required by this paragraph that affects the competitive position
of the company as confidential information to the extent
permitted by law.
County may at any time during the term of this Agreement,
have the books and records of the Contractor examined by a County
Agent or Agents appointed for that purpose by the County. County
shall give thirty (30) days ' written notice to the Contractor of
May 3, 1995 4
If the rate change is initiated by County, the Contractor
shall submit its rate application to County within 60 days of
County's notice to Contractor.
If the rate change is initiated by Contractor, it shall be
submitted no more than once a year under normal operating
conditions. The date of Contractor initiated applications shall
be standard, year by year; such date to be determined upon mutual
agreement of the parties and .reasonably related to the fiscal
year of Contractor.
in the event that the rate change that would be requested by
Contractor is no more than the change in the Consumer Price Index
for All Urban Consumers for the San Francisco Bay Area for that
fiscal year of Contractor, Contractor may increase its rate up to
such amount and not request a rate change from the County.
Contractor may defer a rate application pursuant to this
paragraph for a maximum of two consecutive years.
In the event that Contractor must make significant changes
in its operations or experiences significant changes in costs of
revenue not under its control, Contractor may submit a rate
application. Contractor shall provide documentation for the need
for such rate application relative to those changes. The
application will thereafter be considered by the .Board.
10. OPERATION By CONTRACTOR. Contractor shall furnish all
necessary equipment (excluding containers for single-family
residential wastes) for services provided pursuant to this
Agreement in the Franchise Area and shall maintain such equipment
in a sanitary condition at all times. Contractor shall furnish
all necessary labor in connection with the operation of a Solid
Waste collection system in the Franchise Area.
The Contractor, in performance hereof, shall use trucks with
covered, water-tight truck bodies constructed of sufficient
strength to withstand a fire Within, without endangering adjacent
property. Trucks, drop boxes, bins, or similar types of
equipment shall be kept clean and in good repair. Contractor
shall have its name and telephone number on the side of each
truck and on each drop box, bin or similar type equipment
provided by Contractor.
11. LIMITATION ON TIME AND MANNER OF COLLECTION.
Contractor shell systematically collect Solid Waste, and to the
extent permitted by this Agreement, materials for recycling from
its Customers. Frequency, place of pickup (e.g. , curbside,
backyard, etc. ) or any other wanner of collection shall be
subject to the review and approval of the Director of Community
Development. Upon commencement of service and upon changes in
collection day schedules, Contractor shall provide each customer
with notice of the scheduled collection day. Contractor shall
May 3, 1995 7
L
ect Solid Waste from an inhabited dwelling or dwelling
ween the hours of 7:00 p.m. and 4:00 a.m. , except that if
ng unit is part of a collection route that predominately
ommercial accounts, +collection may begin as early as
.
12. CUSTOMER SATISFACTION# AS 939 AND EFFICIENCIES IN
OPERATION. (a) From time to time, at its discretion;, County may
examine Contractor's operation in order to evaluate whether the
Contractor Is operating at a satisfactory level of efficiency and
customer satisfaction. Contractor agrees to cooperate in any
such examination and shall permit County representatives to
Inspect, at Contractor's principal place of busin*xs, such
information pertaining to Contractor's obligations hereunder as
County may require, including, but not limited to, such things as
customer inquiry records, collection routes and equipment
records. Access to Contractor's records shall be subject to
Paragraph 8 (Contractor's Duty to Maintain Records; County's
Right to Examine Records) .
(b) Notwithstanding any contrary provision in this
Agreement, the County shall have the right to direct Contractor
to compile information, develop plans for and/or conduct programs
on alternative methods of Solid Waste and recyclable material
collection and management, or to take any other action requested
by the County for the purpose of meeting the source reduction,
recycling and composting requirements of the Act, and any other
applicable federal, state or local laws regarding Solid Waste
collection, recycling and disposal, including, without
limitation, the County's Materials Diversion Ordinance.
Contractor agrees to indemnify and hold the County harmless
from and against any and all liability to the State of California
for the County's noncompliance with the requirements of the
California Integrated haste Management Act due in whole or
material part to the material failure of Contractor to properly .
carry out the reasonable directives of the County to Contractor
regarding collection and disposition of Solid Waste and
recyclable materials provided, however, that Contractor shall not
be obligated to carry out any such directive (and shall not
indemnify nor hold the County harmless from any resulting
liability) if the County fails to agree to allow Contractor its
reasonable costs (including a reasonable profit) associated with
carrying out such directives.
(c) County may ,require Contractor to develop plans for and
conduct programs on alternative methods of Solid Waste,
collection, including pilot programs of limited scope, or may
require additional programs, for the purpose of improving
service, increasing customer satisfaction, and meetingdiversion
requirements. County may also require Contractor to implement
efficiencies in its operation upon written notice from County.
May 3, 1995 B
providing new definitions, tests
t and regulations
is concerning these
substances. Under this Agreements tests
responsibility to keep o current with identify suchthe substancesia►nd toand
comply on
such substances and t
with all federal, state and local regulations concerning such
substances.
Contractor agrees to provide to County upon its request,
Contractor's lam for �, state and localstatutes and
inhazardous
o
complying withh all
federal
regulations dealing with hazardous waste.
Contractor shall slake every reasonable effort to prohibit
the collection and the disposal
of hazardous waste in any manner
applicable
inconsistent with pp
25. PRELIMINARY DISPUTE RESOLUTION. if Contractor has a
question as to the interpretation of this Agreement, it shall
submit a written request to the Director of Community Development
for a determination of the issue. The Contractor shall provide
and submit such information as the Director of Community
Development may request or require to make the requested
determination. The written determination of the Director of
Community Development may be appealed to the Board of Supervisors
pursuant to Ordinance Cade Chapter 14-4 .
26 . FAITHFUL PERFORMANCE BOND. Contractor shall submit to
County simultaneously with the execution of thiAgrAgreement
corporate surety bond ramay amount however, that the Boa y increasethis provided
not more of
than every three years to reflect changes in the Consumer Price
Index for All Urban Consumers for the San Francisco Bay Area.
The bond shall be executed by a surety company licensed to do
business in the State of California and acceptable tounty.
The bond shall be approved by County and shall be payable
County. The condition of the bond shall be that Contractor will
faithfully perform the duties imposed by ordinance, this
Agreement and the rules and regulations of County. Aimit ny
cfect tion by
County to proceed against the Bond shallnot
right of County to use other remedies available toi County
yi and
the Agreement, or in courts of law or equity.
Notthe foregoing, in lieu of the corporate surety bond, Contractor
may provide to County a letter of credit, cash bond or other
security acceptable to the County Administrator's Office in a
form satisfactory to the County.
27. INSURANCE. Contractor shall procure and maintain in
full force and effect at all times during the entire term of this
Agreement the following insurance coverage:
(a) Public liability
and property
contractual,rctdamage insurance
farm
including completed operations, Products,
May 3, 1995 13
"Affiliated Entity" shall be defined, for purposes of this
section, as any entity which provides products or services to
Contractor and in which either Contractor or the affiliated
entity owns a ten percent (10%) or greater interest in the other,
or where one person or entity owns ten percent (10%) or greater
Interest in both. For purposes of this section, the term
"Contractor" shall include Contractor, and if Contractor is an
individual or a group of individuals (partnership) , all immediate
family members, or if a corporation, major shareholders, and if
any major shareholder is an individual, . said individuals'
immediate family members. For the purpose of this paragraph,
"immediate family" includes spouses and relatives of the first
degree of Aanquinity, and their spouses.
35. BREACH AND TERMINATION. The Director of Community
Development shall have authority, subject to review by the Board
of Supervisors upon appeal, to determine whether a breach of any
provision of this Agreement by Contractor has occurred. Any
waiver of a breach shall not be deemed to be a waiver of any
subsequent breach or to be construed as approval of a 'course of
conduct. In the event that the Director determines that a breach
has occurred, County shall give Contractor written notice of the
breach setting forth the breach or default. Contractor shall
have a reasonable period to cure the noticed breach, said breach
not to exceed 60 days. In the event the breach or default is
cured to the satisfaction of the Director of Community
Development within the period of time allotted, the breach shall
not be deemed a material breach. In the event that the Director
of Community Development determines that Contractor has failed to
satisfactorily cure the breach or default within the period of
time allotted, the Director of Community Development may
determine such breach or default to be material.
Multiple or repeated breaches, or a pattern of breaches and
subsequent attempts to cure said breaches by Contractor shall
provide an adequate basis for the Director of Community
Development, in his discretion, to declare any subsequent breach
to be material, notwithstanding whether that breach is ultimately
cured by Contractor.
If such a determination of material breach is made, the
Director of Community Development's determination shall be
automatically appealed to the Board of Supervisors for final
action.
A material breach shall be cause for termination of this
Agreement by the Board of Supervisors.
in the event of a termination pursuant to this section,
County shall have the right to temporarily assume the obligations
of Contractor and shall have the right to forthwith take
May 3, 1995 is
possession of all trucks and other equipment of Contractor and
exercise Contractor's right to enter and use any disposal
facilities for the purpose of performing the services agreed to
be performed by Contractor herein until such time as County can
snake other arrangements for the performance of said services.
However, such temporary assumption of Contractor's obligations
under the Agreement shall not be continued by County for a period
exceeding twelve (12) months from the date such operations are
undertaken by County.
During any period in which County has temporarily assumed
the obligations of Contractor under this Agreement, County shall
be entitled to the gross revenue attributable to operations
during such period and *hall pay therefrom only those costs and
expenses applicable or allocable to said period, including the
reasonable rental value of the trucks and equipment to be paid to
Contractor. County shall be entitled to the excess, if any, of
revenue over applicable or allocable costs and expenses during
such period. The loss, if any, during such period shall be a
charge against +Contractor, and shall be paid to County by
Contractor on demand. Final adjustment and allocation of gross
revenue, costs, and expenses to the period during which County
temporarily assumed the obligations of Contractor shall be
determined by an audit by a Certified Public Accountant and
prepared in report form with his unqualified opinion annexed
thereto.
Nothing in this Agreement shall prevent County during any
period in which County temporarily assumes the obligations of
Contractor under this Agreement, from employing persons who were
employed by the Contractor for the collection of Solid 'Waste
under this Agreement.
Upon the occurrence of a material breach and the declaration
of such and termination of this' Agreement by the Board of
Supervisors, this Agreement and the franchise granted thereunder'
*hall be of no further force and effect, expecting these
provisions concerning County's right to temporarily ,assume
Contractor's obligations and to use Contractor's facilities, and
Section 28 (Indemnification) . County then shall be free to enter
into whatever other arrangements are deemed justified and
necessary for the collection, removal and disposal of Solid Taste
within the Franchise Area.
36. EMERGENCY. Notwithstanding Contractor's exclusive
fwon
ranchise rights set forth in Paragraph 5 (Exclusive Privilege
and Duty) , in the event of an emergency due to natural disaster
or labor strike which interrupts the collection of Solid 'Waste by
Contractor, the Board of Supervisors shall have the right to
declare a temporary suspension of this Agreement for the
reasonable duration of the emergency and until such time as
County determines that Contractor is able to reassume all
May 3, 1995 19
obligations under this Agreement. Should Contractor fail to
demonstrate to the satisfaction of the Board of Supervisors that
required services can be .resumed by Contractor prior to the
expiration of a six (6) month period, this Agreement may be
terminated at the direction of the Board.
37. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS.
Contractor shall be responsible for and shall comply with all
applicable laws, rules and regulations that are now in affect or
may be promulgated or amended from time to time by the Government
of the United States, the State of California, the County and any
other agency now authorised or which may be authorized in the
future to regulate the services to be performed herein regarding
the collection, removal and disposal of Solid waste and recycling
of material . This includes County Ordinance Code Chapter 418-6
(on mandatory subscription to Solid Waste collection service) ,
and the County's Materials Diversion Ordinance.
38. AMENDMENT OR MODIFICATION. This Agreement may be
amended or modified upon written agreement of the parties hereto.
The parties agree to meet and confer in good faith if amendments
or modifications are proposed.
39 . POLICE POWERS. Nothing in this Agreement is intended
to or may limit County authority pursuant to its police power.
44. CONTEST OF AGREEMENT'S TERMS. In the event either
party to this Agreement attempts to challenge the validity of any
portion of this Agreement, such action in attempting to challenge
the Agreement shall constitute a material breach of this
Agreement and the non-breaching party shall have the right to
elect to terminate this Agreement forthwith without suit or other
proceeding.
This section shall not be construed to prevent either party
from seeking redress from the courts for the purpose of legal
review of administrative proceedings regarding rate setting or
County actions taken pursuant to this Agreement, or for the
purpose of interpreting or enforcing the provisions contained in
this Agreement.
41. SEVERABILITY. In the event legal action its brought by
a person or entity, other than the parties to this Agreement, to
challenge, invalidate, contest or set aside any of the provisions
of this Agreement, each and every term and condition, and each
and every section and paragraph is severable from the remaining
terms, conditions, sections, and paragraphs. The invalidation of
May 3, 2995 20
S. 04
R9
r^N1RA COST"
COUNTY COUNSEVS OFFICE
CONTRA COSTA COUM Y
MARMNEZ,CALIFOMA 9$MAR-9 PM 2' 01
;Y
Date. March 9, 1998
To: Board of Supervisors
Froin. Victor J.Wessman,County Counsetu
Lillian T.Fujii,Deputy County Co
Re: Service interruption due to labor strike under BFI Franchises
The Community Development Department has provided the Board with a report on existing
BF1 Franchise Agreements,which report attached copies of selective pages of the four franchise
agreements between the County or the Central County JPA and BFI. This memorandum expands upon
that report by summarizing the relevant provisions of the agreements concerning the Board's ability to
act to arrange for the provision of solid waste collection in order to protect the health and safety of the
ratepayers. For the Beard's convenience,we have attached hereto copies of the agreement sections
discussed herein.
COUNTY/PLEASANT HILL BAYSHORE COLLECTION FRANCHISE
(Ex"It A)
Linder this franchise,BFI has the exclusive privilege and duty within the franchise area,to
collect and dispose of solid waste.(Exhibit A, § 5,pages 3-4.) Under section 36(page 19-20),"in the
event of an emergency due to ... labor strike which intemtpts the collection of Solid Waste by ,
Contractor,the Board may declare a temporary suspension of the Agreement for the reasonable'
duration of the emergency and until such time as the County determines that Contractor is able to
reassume all obligations under the Agreement." (Emphasis added.) The agreement can be terminated
by the Board if the Contractor is unable to demonstrate that service can be resumed before the end of
six months.
CENTRAL COUNTY JPA/BF1 COLLECTION FRANCHISE (Exhibit B)
Under the Central County JPA/BFI franchise,if BFI cannot provide solid waste collection
and removal for more than two days and solid waste accumulates to an extent that it becomes a
nuisance,the JPA,after giving one day's;notice,may provide or cause the service to be provided.
(Exhibit B, § 10.1,page 92.) Under this franchise,BFI's failure to provide pick-up service for two
consecutive days is a default(§ 11.1.E,page 96),giving the JPA the right to terminate the franchise
( 11.2,page 98). Further,failure to pick up waste from a particular customer for two consecutive
k S• D6 4 i 1
Board of Supervisors
March 9, 1999
Page 2
scheduled pick-up days subjects BFI to substantial liquidated damages in the amount of$150.00 per
failure,per customer.0 13.A,31'"y"(bullet),page 100.) The agreement clearly provides that a labor .
strike does not excuse performance.(1 11.4,page 102.)
KCLC A TENDED FRANCHISE AGREEMENT AND TRANSFER
STATION FRANCHISE AGREEMENT(Errhibttx C'and D)
BFI's drivers transport waste from the transfer station to the landfill,and both operations
could be affected by a labor strike. Under the franchise agreements,the landfill and transfer station
operators are obligated to"use their best efforts"to keep the landfill and transfer station operating
during a labor strike.(Exhibit C, § 8.2,page 23;Exhibit D, § 10.2,page 28.)
Of course,the transfer station and/or landfill's failure to operate does not excuse
performance under the collection contract. Upon the closure of the transfer station or landfill,BFI
would be required to find an alternate disposal site.
Attach.
CONSIDER WITH D,
Laurie Gilmore
2980 Cherry Lane
Walnut Creek, CA 94596
.August 6, 1998
1111`
Fr
Dann Gerber
Contra Costa County Supervisor n9%
.,
SWO OF St!KRVISORS
Dear Ms. Gerber, Ctl C0
I am a resident of Walnut Creek, unincorporated. Our garbage delivery is 6 days
past cue still I am supportive of B.F.I. I believe that they have the right to run their
business. 'They should be hiring replacement workers for these who having chosen to
strike. B.F.I.agrees to hire back any strikers, go they are not being fired.
I urge you to allow B.F.I. to run their business_ I think it is a disgrace when
strikers feel they have a right to physically and vernally attack replacementworkers. I dry
not supyour position on bwaking the D trad with B.F.I. They have providod tis
with good service.
Sincerely,
Laurie Gilmore
AUG-08 98 06-28 FR0M:8Fl PH8S 9056854735 70:925 646 5130 PAGE:02
PLEASANT HILL
SCHEDULE CSP ROUTES DISPAT HE
FOR FRIDAY, AUGUST 7, 1998 CLERK BOARD OF s PERV flS
CONTRA COSTA CO.
CLEANUP WALNUTCREEK lww.,04,846&847 B40
CLEANUP COUNTY i WALNUT CREEK I LAFAYECTE %2
RECYCLING ANTIOCH 715
RECYCLING ANTI-0CH 720
RECYCLING ANTIOCH 725
RECYCLING INTI H 830
RECYCLING ANTIOCH 765
RECYCLING BE I ICIA al'o
RECYCLING CASTRO VALLEY 740
RECYCI 040 CASTRO VALLEY 746
RECYCLING GASTRO VALLEY 758
RECYCLING CASTRO VALLEY 796
RECYCLING CASTRO VALLEY 800
RECYCLING MARTINEZ 805
RECYCLING MT VIEW 785
RECYCLING PACHECO 760
RECYCLING PLEASANT HILL 730
RESIDENTIAL ANTIOCH 580
RESIDENTIAL ANTIOCH 583
RESIDENTIAL ANTIOCH 6124
REEIBERTIAL ANTIOCH, 1585
RESIDENTIAL ANTIOCH 666
RESIDENTIAL ANTIOCH 587
RESIDENTIAL ANTI 0CH 588
RESIDENTIAL SAYP04NT 521
RESIDENTIAL BENICIA 511
RESIDENTIAL IIENICIA 512
RESIDENTIAL CLAYTON 631
RESIDENTIAL CLAYTON 532
RESIDENTIAL COUNTY 863
RESMENTIAL COUNTY I WALNUT CREEK � � 851
RESIDENTIAL COUNTY 1 WALNUT CREEK!LAFAYETTE HARD-TO-SERVIC!i ROUTE � 862
RESIDENTIAL LAFAYETTE 640
RESIDENTIAL LAFAYEZE 850
RESIDENTIAL LAFAYET E 852
glams Page 1
I;UG-08 S8 06:88 FR0MaBFI/FHBS 9LISSM4735 T01.925 6-46 5130 PAGE:03
PLEASANT HILL
J►
SCHEDULE OF ROUTES DISPATCHED
FOR FRIDAY, AUGUST ?, 1998
RESIDENTIAL LAFAYETTE "ameo
RESIDENTIAL LAFAYETTE HARD»Tb-sERVICI RC,41.]re
RESIL3ENTIAL LA►FA►YETTI= HARE?•TO»SERVICE ROUTE 861
RESIC3E�NTIA+L LAFAYETTE HARD-TO-SERVICE ROUTE 8831
RE%PFENITIAL I MT VI W 567
RESIDENTIAL MT VIEW 568
RESIDENTIAL MT VIEW 561
RESIt NTIAL. PACHECO
REBIDENTIAtL PACHECO 553
RESIDENTIAL PLEASANT HILI. 572
RESIDENTIAL PLEASANT HILL 573
RESIbENTIAL PLEASANT HILL 574
RESIDENTIAL RODEO 581
RESIDENTIAL WALNUT CREEK 840
RESIDENTIAL WALNUT CREEK 841
RESIDENTIAL WALNUT CREEK 842
RESIDENTIAL WALNUT CREEK 848
RESIDENTIAL. WALNUT CRIESK 844
RESIDENTIAL WALNUT CREEK 845
RESIDENTIAL W N'UT CR_RSK 846
RESIDENTIAL WALNUT CREEK $47
RESIDENTIAL WALNUT CREEK 848
RESIDENTIAL WALNUT CREEK 849
RESIDENTIAL WALNUT CREEK I DANVILLE 1 COUNTY 841
RESIDENTIAL ThROUGHOUT AREAS CLEAN UDS TARGETED AREAS FLOAT
R 8-IDD-NTI AL THROUGHOUT AREAS CLAN UP TARGETFE)AtRIrAS FLOAT
RESIDENTIAL THROUGHOUT AREAS CLEAN UP TARGETED AREAS FLOAT
TRUCKS WERE BROUGHT IN FROM OTHER LOCAL HFI LOCATIONS FOR 112 DAY
TCI AMST IN CLEANING UP. THESE WERE DISTRIBUTa AS FOLLOWS FOR FRIDAY'
12 ANTIOCH
2 LAFAYETTE
14
1'1y74".t-08 98 06-29 FR671 ii l'if rl 4 5 10.925 646 5 .30 PI'7 E*04
PLEASANT HILL
' SCHEDULE OF ROUTES DISPATCHED
FOR FRIDAY, AUGUST 7, 1998
MCS20MMER0AL
Ct81
IAL ANDOCH 562
SENICtA 517
COMMERCIAL 9 ICIA 517
70—M ERCIAL DANVILLE I&NTY
COaMfRCIAL DAN VILLE I COUNTY 2ND TRUCK TO ASSIST 906
COMMERCIAL OR]NDA I MC)RAGA I LAFAY'ETT'E 906
COMMEERCIAL, PLEASANT HILL $71
COMMERCIAL PLEASANT HILL 578
COMMERCIAL WALNUT CREEK g1
COMMERCIAL. WALNUT CREEK 902
COMMERCIAL WALNUT CREEK �
COMMERCIAL. WALNUT CREEK 904
COMMERCIAL WALNUT CREEK I COUNTY I LAFAYETTE 905
RCLCOFF ANTI CH 406
ROLLOFF ANTIOCH 408
ROLLOFF ENICIA 401
ROLLOFFDANVI'LLE 421
RMLOFF DANVILL.E/ALAMO 410
ROLLOFF MARTINEZ 405
ROLLOFF MARTINEZ 409
ROLLOFF--. ORINDA I MORACA I LAFAYETT'E 424
ROLLOFF PLI*ASANT HILL 407
ROLLOFF WALNUT CREED 422
ROLLO F WALNUT"arliw 423
ROLLOFF WALNUT CREEK 426
BISI98 Page 1
ti-tt3 i—i b ;d: I:ek l FROM P. 2
i
PLEASANT HILL i
SCHEDULE OF ROUTES DISPATCHED
FOR THURSDAY, AUGUST 6, 1998 '
CLEANUP COUNTY $40 1.
CLEANUP COUNTY $62 #
RECYCLING ANTIOCH 714
RECYCLING ANTIC H 719
RECYCLING ANTIOCH 724
RECYCLING ANTIOCH 764
RECYCLING ANTIOCH 829 1
RECYCLING BENICIA 759
RECYCLING CASTRO VALLEY 739
RECYCLING Us—TRO VALLEY 744 �
RECYCLING CASTRO VALLEY 748
RECYCLING GASTRO VALLEY 794
RECYCLING CASTRO VALLEY, 799
RECYCLING MARTINEZ 804
RECYCLING MARTINET 814 ,
RECYCLING MT VIEW 734 i #.
RECYCLING PLEASANT HILL, 710
RESIDENTIAL ANTIOCH WEDNESDAY ROUTE 386 I
RESIDENTIAL ANTIOCH 480
RESIDE TIAL ANTIOCH 483
RESIDENTIAL ANTIOCH 484
RESIDENTIAL ANTIOCH 486 11 .
RESIDEN"T"IAL ANTIOCH 487
RESIDENTIAL ANTIOCH 488 j
REWNN"T`IAL BAYPOINT 421
RESIDENTIAL BENICIA 411
RESIDENTIAL BENICIA 412 I
RESIDENTIAL BENICIA 413
RESIDENTIAL CLAYTON 431 it
RESIDENTIAL CLAYTON 432
RESIDEN'TIAI. COUNTY $40 �.
RESIDENTIAL COUNTY 844-1.
8171
age 1 i ii
8-07-1998 2: 13PM FROM P, 3
PLEASANT HILA.
SCHEDULE OF ROUTES DISPATCHED
FOR THURSDAY, AUGUST 8, 1988
T
ENTIAL COUNT`( HARD-TO«SERVICE ROUTE 862
ENTIAL DANVILLEf+�C1`IAL L.AFAYETTE 850
RESIDENTIAL LAFAYETTE 851
RESIDENTIAL LAFAYETTE 852
rrF- �.
RESIDENTIAL LAFAY HARD-TO-~SEfi�VIGE�tC�UTE 860
RESIDEMTIAL LAFAYETTE r MORAGA 854
RESIDENTIAL LAFAYETTE I MORAGA HARD.TO-SERVICE ROUTE 8.63
RESIDENTIAL MARTINEZ 1 467
RESIDENTIAL MARTINS 468
RESIDENTIAL MORAGA 853 ;.
RESIDENTIAL MOUNTAIN VIEW 463
RESIDENTIAL MTVIEW 461
ReSIDENdTIAL OR,INDA I MORAGA I LAFAYETTE 641 1'
RE57iDENTIAL PLEASANT HILL 472
RESIDENTIAL PLEASANT#BILI. 473
RESIDENTIAL PLEASANT HILL
RESIDENTIAL RODEO 481
RESIDENTIAL. THRQVQHOVT AREAS CLEAN UP TARGETED AREAS FLOAT
RESIDENTIAL THROUGHOUT AREAS CLEAN UP TARGETED AIDS FLOAT
RESIDENTIAL THROUGHOUT AREAS CLEAN UP TARGETED ALAS FLOAT
RESIDENTIAL WALNUT CREEK 841
RESIDENTIAL WALNUT CREEK 842
RESI€7ENTIAL. WALNUT CRI -K 8461
RESIDENTIAL. WALItiit#T CREEK 848
RESIDENTIAL WALNUT GREEK 848
REalt3wTIAL WALNUT CREEK qA_ -TO-SERVICE,ROUTE 861
RESIDENTIAL WALNUT CREEK r COUNTY 843
RESIDENTIAL WALNUT CREAK/6i3UNTY 845 f
RESIDENTIAL WALNUT CREEK/COUNTY 847
TRUCKS WERE BROUGHT IN FROM OTHER LOCAL 8FI L:bCATIONS FOR 112 DAY
TO:ASSIST IN CLEANING UP. THESE WERE DISTRIBUTED AS FOLLOWS FOR WEDNESDAY
6 ANTIOCH i
10 ORINDA I MORAGE I LAFAYETTE {
t18 age 2 �.
8-07-1998 2: 13Ph4 FPCM pl. 4
PLEASANT� HILL
{
SCHEDULE OF ROUTES DISPATCHED �
FOR THURSDAY, AUGUST 8, 1098
. i
COMM CLAL ANTIOCH 382
COMMERCIAL Amc5l� 4481
COMMERCIAL BENICIA 417
COMMERCIAL DANVILLE I ALAMO 9�
or
COMMERCIAL INDA 1 MORAGA 1 LAFAYETTE 908
COMMERCIAL PLEASANT HILL 471
COMMERCIAL PLEASANT HILL 478
C0MMERCIAL WALNUT CREEK 90 1
CC7MMERCIAL WALNUT CREEK 902
COMMERCIAL WALNUT CREEK 903 �
COMMERCIAL WALNUT GEEK 904 1!-
COMMERCIAL WALNUT CREEK 1 LAFAYETTE 4035
ROLLOFF ANTIOCH 403
ROLLOFF ANTIOCH 408 I �.
ROLLOFF ANTIOCH/CLAYTON 406
ROLLOFF BENICIA 401
ROLLOFF DAI ILL<IW/ALA# O 421 { �'
RO LOF9 MARTINEZ 409
ROLLOFF MARTINS 1 PACHECC/RODEO 405
ROLLOFF ORINDA.I MORAGA 1 LAFAYETTE 424
ROLLOFF PLEASANT HILL 407 is
ROLLOFF WALNUT CREEK 410
ROLLOFF WALNUT CREEK 422 !
ROLLOFF WALNUT CREEK 425 f
ROLLOFF WALNUT CREEK 426
ROLLOFF WALNUT CREEK 1 LAFAYETTE 423
ROLLOFF FLOAT THROUGHOUT AREAE FLOAT
I'
4
81t1�$ age 1 !
. i
PLEASANT HILL
t SCHEDULE OF ROUTES DISPATCHED
FOR WEDNESDAY, AUGUST 5, 199$
---
RESIDENTIAL D1
CLEANUP 1 COUNTY CLEANUP ROUTE FOR. ROUTE 840 CLEANUP
CLEANUP COUNTY CLEANUP ROUTE FOR RTE!861 /8621 CLEANUP
RECYCLING ANTIOCH 712
RECYCLING ANTIOCH 718
RECYCLING ANTIOCH 718
RECYCLING ANTIOCH 723
RECYCLING ANTIOCH 733
RECYCLING ANTIOCH 828
RECYCLING MTZ/MT VIEW/PAC 868
RECYCLING MTZJMT VIEW/PAC 812
RECYCLING PLEASANT HILL. 758
RESIDENTIAL ANTIOCH TUESDAY ROUTE 284
RESIDENTIAL ANTIOCH TUESDAY ROUTE 285
RESIDENTIAL ANTIOCH 380
RESIDENTIAL ANTIOCH 383
RESIDENTIAL ANTIOCH 386
RESIDENTIAL ANTIO3CH 387
RESIDENTIAL ANTIOCH 388
RESIDENTIAL BAYPOINT 321
RESIDENTIAL. BENICIA 311
RESIDENTIAL BENICIA 312
RESIDENTIAL BENICIA 313
RESIDENTIAL CLAYTON 331
RESIDENTIAL. CLAYTON 332
RESIDENTIAL COUN"T"Y 844
RESIDENTIAL COUNTY 845
RESIDENTIAL COUNTY/WALNUT CREEK 846
RESIDENTIAL COUNTY I WALNUT CREEK 847
RESIDENTIAL COUNTY/WALNUT CREEK HARD -TO - SERVICE ROUTE 861
RESIDENTIAL I DANVILLE 641
8/6!98 Page 9
PLEASANT HILL
f SCHEDULE OF ROUTES DISPATCHED
FOR WEDNESDAY, AUGUST 5, 1998
995
RESIDENTIAL DANVILLE 840
RESIDENTIAL DANVILLE 841
RESIDENTIAL DANVILLE HARD -TO - SERVICE ROUTE 883
RESIDENTIAL DANVILLE/COUNTY 843
RESIDENTIAL LAF'AYETTE I COUNTY 842
RESIDENTIAL MARTINEZIMT VIEW 361
RESIDENTIAL MARTINEZ/MT VIEW 362
RESIDENTIAL MARTI'NEZIMT VIEW 363
RESIDENTIAL MARTIN /MT VIEW 367
RESIDENTIAL MARTINEZ/MT VIEW 368
RESIDENTIAL MORAGA 640
RESIDENTIAL MORAGA 851
RESIDENTIAL MORAGA 852
RESIDENTIAL MORAGA 853
RESIDENTIAL MORAGA 854
RESIDENTIAL ORINDA I COUNTY HARD -TO - SERVICE ROUTE 862
RESIDENTIAL ORINDA I MORAGA 854
RESIDENTIAL ORINDA I'MORAGA HARD -TO - SERVICE ROUTE 860
RESIDENTIAL PLEASANT DILL 372
RESIDENTIAL PLEASANT HILL 373
RESIDENTIAL PLEASANT HILL 374
RESIDENTIAL RODEO 391
RESIDENTIAL WALNUT CREEK 849
RESIDENTIAL WALNUT CREEK I COUNTY 848
TRUCKS & CREWS BORROWED FROM OTHER LOCATIONS FOR 112 A DAY 14
THESE CREWS WERE DIRECTED TO ANTIOCH ON WEDNESDAY, AUGUST 6.
816/98 page 2
PLEASANT HILL
SCHEDULE OF ROUTES DISPATCHED
FOR WEDNESDAY, AUGUST 5, 1998
A, lwji w
COMMERCIALFBENjlCI'X 317
COMMERCIALEASNT HILL 371
COMMERCIAL PLEASANT HILL 378
COMMERCIAL ANTIOCH381
COMMERCIAL ANTIOCH 382
COMMERCIAL WALNUT CREEK 901
COMMERCIAL WALNUT CREEK 902
COMMERCIAL WALNUT CREEK 903
COMMERCIAL WALNUT CREEK 904
COMMERCIAL. LAFAYETTE/ORINDA/MORAGA 905
COMMERCIAL DANVILLE/COUNTY 906
COMMERCIAL LAFAYETTE /ORINDA/MORAGA 908
ROLLOFF BEN'ICIA 401
ROLLOFF BENICIA 403
ROLLOFF MARTINEZ/ MT VIEW/ PACHECO 405
ROLLOFF ANTIOCH 406
ROLLOFF PLEASANT HILL 407
ROLLOFF ANTIOCH 408
ROLLOFF MARTINEZ/ MT VIEW I PACHECO 409
ROLLOFF WALNUT CREEK 410
ROLLOFF DANVILLE/COUNTY 421
ROLLOFF WALNUT CREEK 422
ROLLOFF LAFAYETTE/ORINDA I MORAGA 423
ROLLOFF LAFAYETTE /ORINDA/MORAGA 424
ROLLOFF WALNUT CREEK 426
8/6/98 Page 1