HomeMy WebLinkAboutMINUTES - 07212015 - D.10RECOMMENDATION(S):
1. FIND that the First Amendment to the County/Allied Franchise Agreement is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, as the Amendment is
not expected to cause any significant effects on the environment.
2. APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute the First Amendment to the County
and Allied Waste Systems, Inc. (Allied) Franchise Agreement (see Attachment 1), effective August 1, 2015, that (a)
extends the term from August 1, 2015 through July 31, 2025; (b) sets the franchise fee to seven percent (7%) of gross
annual revenue as of August 1, 2015; (c) expands the Franchise Area to include a pocket of unincorporated area in
the vicinity of Cummings Skyway; (d) expands basic commercial services offered to including recycling collection
for a single monthly rate as of September 1, 2015; (e) identifies existing maximum collection rates; and (f)
establishes a range of new and enhanced basic and on-call collection services that Allied is obligated to provide to
residential and commercial customers as well as the County within the designated service area (as set forth in
Exhibits D, E, and F of Attachment 1 and summarized in Tables 1 and 2 of this report).
3. DIRECT the Department of Conservation and Development (DCD) staff to file a CEQA Notice of Exemption with
the County Clerk.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/21/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: David Brockbank (925)
674-7794
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: July 21, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.10
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:July 21, 2015
Contra
Costa
County
Subject:First Amendment to the Franchise Agreement between Contra Costa County and Allied Waste Systems, Inc.and
Related Actions
RECOMMENDATION(S): (CONT'D)
4. DIRECT staff to prepare recommended revisions to the Rate Setting Process and Methodology Manual for the
County/Allied Franchise, based in part on previously approved modifications to other County Rate Manual(s), for
future consideration by the Board of Supervisors.
5. AUTHORIZE the Director of Conservation and Development or his designee to sign “Proof of Designation”
forms upon request of any franchise hauler collecting electronic waste from customers within unincorporated
areas served under one of the four Franchise Agreements administered by Contra Costa County at no additional
charge as described in Section III.
FISCAL IMPACT:
The Amendment to the County/Allied Franchise Agreement has no impact to the County General Fund. The costs
for County staff time spent administering the Franchise Agreement and any related consulting services are
covered by solid waste/recycling collection franchise fees. The additional franchise fee revenue to be derived
from the recommended 2% fee increase (from 5% to 7%) in Recommendation # 1 would help offset costs of
services related to administering the Franchise Agreement.
BACKGROUND:
In May 1995, the County entered into a Franchise Agreement with Allied’s predecessor company, Pleasant Hill
Bayshore Disposal, Inc. The Franchise Agreement grants Allied the exclusive right to collect solid waste,
recyclables and green waste (organics) routinely generated by residential and commercial customers within the
designated service area (also known as the Franchise Area). The Franchise Area includes the following
unincorporated communities, which are located throughout all five Supervisorial Districts (as shown in the map
labeled as Exhibit A of Attachment 1):
Alhambra Valley (portion) – District I1.
Canyon – District II2.
Antioch, unincorporated – District III3.
Morgan Territory – District III4.
Concord, unincorporated (portion) – District IV5.
Clayton, unincorporated (Marsh Creek) – District IV6.
Pleasant Hill, Unincorporated – District IV7.
Martinez, unincorporated /Pacheco/ Vine Hill – District V8.
Bay Point (Eastern) – District V9.
Cummings Skyway (portion) – District V [NEWLY PROPOSED ADDITION]10.
I. FIRST AMENDMENT TO THE ALLIED FRANCHISE AGREEMENT [Recommendations # 1 -3]
In 2012, the Board of Supervisors directed DCD staff to negotiate with Allied Waste Services, Inc. to develop
mutually agreeable terms for extending the County/Allied Franchise Agreement term beyond July 31, 2015.
A. Collection Rates
The Collection Rate is set by the County using an established rate review process. The Collection Rate has not
increased for the County’s Allied service area since 2009 for residential services and 2010 for commercial
services. The last rate review conducted for the Allied Franchise Area in 2012, identified annual cost savings
expected as a result of service efficiencies achieved by Allied. The total amount of cost savings potentially
warranted a rate reduction of 10.20%. Rather than reducing rates by 10.20% only to increase rates to reflect
annual changes in the Consumer Price Index (CPI) adjustments, rates were not adjusted in order to stabilize rates.
This resulted in a rate credit adequate to offset CPI adjustments that would have been applied in 2013, 2014, and
2015. Of the original 10.20%, there still remains a credit to offset a future rate increase of 2.36%. Allied has
submitted the rate application with cost and revenue details that will be used to conduct the rate review for 2016
rates.
The funding yielded from the rate reduction credit between 2012 – 2015 is considered Rate Setting Methodology
The funding yielded from the rate reduction credit between 2012 – 2015 is considered Rate Setting Methodology
Revenue, which is detailed in Exhibit F of the First Amendment. This revenue functions a service credit that will
help offset allowable costs for fees or enhanced services governed under the amended County/Allied Franchise
Agreement, which are not compensated through existing rates.
B. Terms of the Proposed Amendment to the County/Allied Franchise
The County’s Franchise Agreement with Allied to provide solid waste and recycling collection service expires
this year. Allied has provided satisfactory service during the franchise period as evidenced in their most recent
residential customer satisfaction survey (random sample), conducted in 2012. Based on the survey results, the
overall customer satisfaction rating for Allied was about 92 percent for residential collection services when rated
by the customer as excellent, good, or average/fair. A random phone survey of commercial customers found
Allied’s quality of service to be about 98 percent for commercial collection services.
County staff and Allied representatives negotiated mutually agreeable terms for an amendment to the
County/Allied Franchise. Primary reasons staff is recommending that the County retain Allied as the solid waste,
recycling, and green waste collection service provider is that Allied is:
(i) meeting the needs of their customers,
(ii) offering competitive rates, and
[Allied’s residential rates are approximately 35-50% lower than the average of residential rates found in
the nearby cities. See Attachment 3 for rate comparison with other County Franchise Areas and local
cities.]
(iii) providing comparable services.
[Allied offers a full range of basic residential and commercial collection services and associated disposal
(trash), recycling (source-separated recyclables) and composting (yard waste) of collected waste and
materials. The basic services offered as well as the types of materials accepted for curbside recycling are
comparable to what is provided in the other service areas.]
Staff is recommending that the Board of Supervisors approve the proposed First Amendment to the Franchise
Agreement and the associated Exhibits provided in Attachment 1. The amended Franchise Agreement includes the
following changes:
Extend the Franchise Agreement with Allied for 10 years, until July 31, 2025, consistent with the
extensions approved in amendments to other County Franchise Agreements.
Increase the franchise fee from 5% to 7% (of Allied’s Gross Annual Revenues) effective August 1, 2015 to
cover the cost administering the franchise, consistent with the increases approved in amendments to other
County Franchise Agreements.
Modify the Franchise Area to incorporate a pocket of unfranchised area, adjacent to the existing boundary
as shown in revised Exhibit A to Attachment 1.
Modify the Corporate Guaranty as shown in revised Exhibit B and document existing maximum rates in
revised Exhibit C. Updated to reflect change in the parent company (now Republic Services, Inc) as the
Guarantor. The Corporate Guaranty provides that under specific circumstances Republic would be
obligated to fulfill Allied’s responsibilities as Contractor under the amended Franchise Agreement.
Add new Exhibit D – Public Facilities and Exhibit E – Basic Residential and Commercial Services to
clearly identify all existing services to be provided by Allied, as well as the new and enhanced services
summarized in Tables 1 and 2 below.
Add new Exhibit F – Enhanced Services from Rate Setting Methodology Revenue to reflect the rate credit
and service credit amounts yielded as a result of cost savings identified in Allied’s last rate review.
Potential Rate Impact of Proposed Changes to Fees and Services: Allied estimated a total combined potential
rate impact for the proposed fee and service changes included in the First Amendment equivalent to roughly 16%.
According to Allied’s draft rate application, the total costs of these new fees and services in addition to the
amounts needed to sustain existing levels of service warrant an overall increase of approximately 33.5%.
County staff has enlisted the assistance of the County’s existing consultant to conduct a detailed review projected
costs of existing and proposed services in Allied’s rate application submitted in July 2015 in order to confirm how
much of a rate adjustment is potentially warranted for 2016. Staff will return to the Board of Supervisors late this
year to request consideration of the recommended rate adjustment that would take effect in January 2016.
1. On-Call Services
Table 1 provides a list of services that would be provided upon request of either the customer (On-call Bulky Item
Collection) or the County (Community Clean-ups, Right-of-Way and Abatement Projects). Similar new and
enhanced services were included in the most recently approved amendment to another County Franchise
governing the services provided in West County by a different Republic-owned company.
Projected costs for the right-of-way collection to be provided in 2015 will be offset with service credit funding as
specified in Exhibit F to Attachment 1. In order to sustain these new and expanded County directed services, costs
for all three on-call services will need to be factored into this year’s rate review to identify what rate increase will
be recommended to take effect on January 1, 2016.
2. New and Enhanced Services for Residential & Commercial Customers
Table 2 provides a list of new and enhanced services that would be provided to residential and commercial
customers, as well as the proposed start date for each service. Similar new and enhanced services were included in
the most recently approved amendment to another County Franchise governing the services provided in West
County by a different Republic-owned company.
Table 1: New and Enhanced On-call Services Start Date
A.
Bulky Household Items: Residential customers may request
up to two on-call curbside bulky item collections each year at
no additional charge. Prior to starting this service, Allied will
distribute information materials to all residential customers
regarding new on-call curbside bulky item collection services.
September 1, 2015
B.
Community Clean-ups: Up to six additional 20-cubic yard
debris boxes to be provided for community clean-ups upon
the County’s request. Increasing the number of boxes to be
provided annually from 10 to 16
September 1, 2015
C.
Right-of-Way: Illegally dumped waste to be removed from
specified locations within the County rights-of-way in the
Franchise Area and disposed upon the County’s request
September 1, 2015
D.
Abatement Projects: On-call bin/box service to be provided
for specified County abatement project locations within the
Franchise Area
September 1, 2015
* Effective January 1, 2016, unless Allied requests and the Director or his designee authorizes a later start date.
Later start dates would be requested if necessary to correspond with the dates that the trucks needed to provide
these two expanded recycling collection services in the County/Allied Franchise Area would become available.
Projected costs for providing the applicable services expected to start in 2015 will be offset with service credit
funding as specified in Exhibit F to Attachment 1. In order to sustain these new and expanded services, costs for
all of these services will need to be factored into this year’s rate review to identify what rate increase will be
recommended to take effect on January 1, 2016.
Additional Considerations - Weekly Recycling Collection: Staff has identified this service enhancement as the
one which the Board may wish to defer or provide further direction about due to the potential significance of the
rate impact to sustain weekly recycling in 2016 and beyond. Although the exact rate impact solely for this service
enhancement has not been identified, the projected annual costs provided by Allied suggest the cost could warrant
an approximate rate increase ranging from 3.5-10%. Following are a few additional factors related to this service
change that the Board may want to consider:
Table 2. New & Enhanced Collection Services Start Date
A.
Residential - Household Battery, CFL, and Plastic Bag
Recycling: Additional items that will be collected for
recycling if properly placed out for pick-up by residential
customers.
September 1, 2015
B.
Residential - Weekly Recycling Collection: Collection of
non-organic recyclables would occur more often, changing
from bi-weekly to weekly. Additional considerations
related to this service enhancement are identified below.
January 1, 2016*
C.
Commercial - Eliminate Recycling Charge: Commercial
customers will no longer be charged separately for
recycling collection, this will become part of the basic
collection services consistent with residential customers.
September 1, 2015
D.
Commercial – Mandated Recycling: Conduct and
document outreach and monitoring efforts required to help
ensure the County remains in compliance with mandatory
recycling and organics requirements in State law
August 1, 2015
E.
Commercial - Recycling Coordinator (part-time):
Dedicated assistance and support to maximize success of
diversion programs in the Franchise Area, including but not
limited to performing commercial (including multi-family)
waste assessments upon request.
September 1, 2015
F.
Commercial - Food Waste Recycling: Commercial
customers that routinely discard food waste and food-soiled
paper, will have the option of placing it in their organics
bin (along with green waste) for composting consistent with
the recently approved State law.
January 1, 2016*
G.
Both - Compost source-separated organic materials:
Collected organics will cease to be used as landfill cover
and will instead be composted or otherwise diverted in
accordance with the
Integrated Waste Management Act.
September 1, 2015
Collecting non-organic recyclables from households more often than bi-weekly is not necessitated to
comply with local or state laws.
After having rates stay the same for four to six years, preliminary rate setting information suggests a
substantial rate increase may be warranted in 2016.
Allied sent the 2012 residential customer satisfaction survey to its approximately 3,600 customers and
received 447 responses (12.4%). The second question asked the customers, in their opinion, how Allied
could improve its garbage collection service. Out of the 116 customers that provided an answer to this
question, only six responses specifically requested weekly recycling service, or about five percent (5%) of
those responding. When the customers were asked how Allied could improve its recycling service, 75 of the
146 customer that provided a response suggested including weekly recycling collection service (51%),
which was the number one response by a large margin. However, when customers were directly asked if
they would recycle more materials if they received weekly recycling collection service, 43.2% said “yes”,
52.1% said “no”, and 4.7% did not provide a response. The results of this response accounts for the 447
total customer satisfaction surveys that Allied received back.
If desired, the Board could direct staff to:
eliminate the increased frequency of weekly residential recycling collection,
delay this change in services and rates until a future rate year, or
defer the decision to eliminate or delay the increased collection frequency until later this year, when the
Board considers recommended rate changes for 2016.
II. RATE SETTING METHODOLOGY MANUAL - ALLIED FRANCHISE [Recommendation # 4]
The County establishes and regulates the collection rate that Allied may charge in the Franchise Area for
residential and commercial collection services. The County’s rate setting process is governed by terms of the
Franchise Agreement which were mutually agreed upon in 1995. Rate setting is also guided by the parameters
specified within the County’s “Rate Setting Process and Methodology Manual for Solid Waste Collection
Charges As Applied to Allied Waste Systems, Inc.” (“Rate Manual”), which was approved by the Board in 1998.
The Rate Manual specifies details about the approach and process selected by the County to help ensure that rate
setting authority is exercised in a consistent manner.
The County regulates rates in accordance with the Rate Manual, which (i) provides for rate reviews accompanied
by annual audited financial statements (Base Years), (ii) incorporates annual Consumer Price Index (CPI)
adjustments between audited rate applications (Interim Years), (iii) provides for the recovery of the reasonable
costs incurred by Allied in performing services under the Franchise Agreement, including identification of
allowable costs and operating ratio range.
The Rate Setting Methodology Manual needs to be revised to acknowledge changed circumstances since the
original Rate Manual was approved and incorporate changes made to Rate Manual used in other County Franchise
Areas. Rate Manual changes identified to date include, but are not necessarily limited to:
Provide clarification or added specificity where needed to minimize Allied's potential uncertainty related to
future expected treatment of costs (e.g. Allied's actual costs for providing the required free drop boxes for
community clean-ups) when preparing/reviewing rate applications.
Delineation of the method Allied proposes to allocate/segregate costs for regulated and non-regulated
operations. Allied is required to obtain the County’s written approval of its method of segregating its
financial records between County-regulated and non-County regulated operations pursuant to the terms of
the Franchise Agreement.
Establishment of a streamlined process for Consumer Price Index (CPI)-only rate changes consistent with
terms of the Franchise Agreement.
Simplified Interim Year process by eliminating use of adjusted CPI in Interim Years which was intended to
account for variations between projected and actual change in CPI.
Specified process for requesting extraordinary rate changes pursuant to the Franchise Agreement.
Eliminated rounding to the nearest $0.05 when establishing recommended rate changes.
Added detail related to certain diversion program costs to ensure household hazardous waste (HHW) fees
Added detail related to certain diversion program costs to ensure household hazardous waste (HHW) fees
paid to the Delta Diablo Sanitation District for operating the household hazardous waste (HHW) facility
serving East County are treated as a “pass-through” expense and not allowed with profit.
III. PROOF OF DESIGNATION FOR STATE-FUNDED ELECTRONIC WASTE COLLECTION
INCENTIVES [Recommendation # 5]
The 2003 Electronic Waste Recycling Act (SB 20/SB 50) established a State administered recycling payment
system for certain covered electronic wastes to facilitate expanded collection and recycling. This system offers a
financial incentive, in the form of State issued payments, to eligible collectors and recyclers that comply with all
applicable requirements. In order to receive payment from the State, most eligible collectors and recyclers are
obligated to provide the name and address of origin for each electronic waste item collected within California. In
order to streamline the payment process for electronic waste collected at the direction of public agencies, the State
has a “Proof of Designation” form that can be used by public agencies to identify an entity as a “Designated
Approved Collector”. Designated Approved Collectors are not required to provide names and addresses of origin
for each electronic waste item in order to receive State issue payments.
Cities and counties only have the authority to designate approved collectors for activities solely addressing the
collection and recycling of certain electronic wastes generated “from California sources within the jurisdictional
responsibility of the designating local government”. Furthermore, cities and counties have been strongly
encouraged not to extend this Designated Approved Collector privilege to an entity/organization the agency does
not have a direct established contractual relationship. It is reasonable for franchise haulers which collect
electronic waste items for free as a part of the services offered pursuant to a Franchise Agreement with the
County to be Designated Approved Collectors. Therefore, staff recommends that the Board authorize the Director
of DCD to sign the applicable Proof of Designation form specific to the collection services provided pursuant to a
County Franchise Agreement, if requested by any of the County’s franchise haulers.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board of Supervisors does not approve a First Amendment that at least extends the term, the existing
Franchise Agreement would expire on July 31, 2015. This would result in no company being authorized to
provide collection services in this Franchise Area, therefore any company providing collection services thereafter
would be violating County Code requirements (Chapter 418-7). Furthermore, property owners in the area would
have no certainty that they could subscribe for routine collection services as required under Chapter 418-6 of
County Code.
CHILDREN'S IMPACT STATEMENT:
Not Applicable.
CLERK'S ADDENDUM
Dana Dean, resident of Benicia, thanked the county staff and Allied Wasted Systems for addressing the
concerns voiced by herself and others in regard to the use of alternative daily cover. In the First Amendment to
the Franchise Agreement, Item 3. Section 2 (n) reflects a date of January 1, 2015 for the cessation of use of
green waste collected in this franchise area as alternative daily cover; this date is corrected to read September
1, 2015. Supervisor Andersen inquired about the possibility of Canyon area being annexed into this coverage
area. Staff noted that research has already begun to determine why this once-included area was separated
many years ago and the feasibility of an annexation. Following discussion the Board took the following
actions: FOUND that the First Amendment to the County/Allied Franchise Agreement is exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, as
the Amendment is not expected to cause any significant effects on the environment; APPROVED and
AUTHORIZED the Chair of the Board of Supervisors to execute the First Amendment to the County and
Allied Waste Systems, Inc.; DIRECTED staff to prepare recommended revisions to the Rate Setting Process
and Methodology Manual for the County/Allied Franchise, based in part on previously approved modifications
to other County Rate Manual(s), for future consideration by the Board of Supervisors; AUTHORIZED the
Director of Conservation and Development or his designee to sign “Proof of Designation” forms upon request
of any franchise hauler collecting electronic waste from customers within unincorporated areas served under
one of the four Franchise Agreements administered by Contra Costa County at no additional charge ; and
DIRECTED that changes to the frequency of recycling collection not be implemented until the Board conducts
a rate review.
ATTACHMENTS
Attachment 1 - First Amendment to the County/Allied Franchise Agreement
Attachment 2 - Original County/Allied Franchise Agreement
Attachment 3 - Residential Rate Comparison
FIRST AMENDMENT TO FRANCHISE AGREEMENT
This first amendment to the Franchise Agreement between Pleasant Hill Bayshore Disposal, Inc., a
California corporation (“PHBD”) and the County of Contra Costa, a political subdivision of the State of
California (“County”) dated May 3, 1995 (“First Amendment”) is dated July 21, 2015, and is entered into
between the COUNTY and ALLIED WASTE SYSTEMS, INC., a Delaware corporation (“Contractor”).
Contractor is successor in interest to PHBD. Either County or Contractor may be referred to as a “Party,”
and collectively may be referred to herein as “the Parties.”
RECITALS
A. The County and Contractor are parties to that certain “Franchise Agreement With Pleasant Hill
Bayshore Disposal, Inc.” dated May 3, 1995 (the “Agreement”). PHBD previously assigned and
transferred its rights and obligations in the Agreement to Contractor, and the County consented to
that assignment and transfer in an agreement dated February 2, 1999. Contractor has requested a
ten-year extension to the term of the Agreement.
B. Under the Agreement, (i) Contractor has the exclusive right to collect, remove and dispose of
Residential Solid Waste and Commercial Solid Waste and Recycling Material in the Franchise
Area, and (ii) the County establishes and regulates the rates Contractor may charge in the
Franchise Area for Residential Solid Waste and Commercial Solid Waste collection. The Parties
desire to expand the services to be provided by Contractor within the Franchise Area.
C. In administering the Agreement, the County has established a rate setting methodology that (i)
provides for periodic rate reviews accompanied by annual audited financial statements, (ii)
incorporates annual changes in the Consumer Price Index for All Urban Consumers for the San
Francisco Oakland San Jose Bay Area (“CPI adjustments”) between audited rate applications, (iii)
specifies the costs that are “pass-through” (without profit) and the costs that are subject to
reasonable profit, and (iv) provides for the recovery of the reasonable costs incurred by Contractor
in performing services under the Agreement.
D. The Agreement requires Contractor to pay the County a Franchise Fee for the privilege of having
the exclusive right to perform the services in the Franchise Area as described in the Agreement.
The Parties desire to modify the method for determining the Franchise Fee.
E. Under the Agreement, Contractor is required to perform certain services at public facilities in the
Franchise Area. The Parties desire to modify the scope of these services to include certain on-call
services for specified locations within the County rights-of-way and properties being abated by the
County as specified herein.
F. As a result of a review of Contractor’s Base Year Rate Application submitted in 2011, the Parties
have identified cost savings projected to result from service efficiencies achieved by Contractor
(“Rate Setting Methodology Revenue”). The Parties desire to modify the Agreement to apply
these cost savings in a way that results in additional services being provided to Customers in the
Franchise Area during the period that begins August 1, 2015, and ends December 31, 2019.
G. The purpose of this First Amendment is to (i) incorporate additional defined terms, (ii) modify the
Agreement to reflect the extension of the term for ten years, (iii) revise the Recycling services to
be performed by Contractor in the Franchise Area, (iv) revise the manner in which commercial
Recycling services are compensated, (v) add Exhibit F to reflect the additional services being
provided to Customers in the Franchise Area and associated compensation method option for the
period beginning August 1, 2015 and ending December 31, 2019, (vi) revise the scope of services
2
provided to public facilities in the Franchise Area by Contractor, (vii) revise the scope of on-call
clean-up services provided by Contractor in the Franchise Area, (viii) revise the scope of services
provided by Contractor in the Franchise Area that relate to community clean-up projects, (ix)
modify the manner in which the franchise fee is calculated, and (x) modify the Contractor’s Parent
Guaranty to the County.
The Parties therefore agree as follows:
AGREEMENT
1. All capitalized defined terms used but not defined in this First Amendment have the meaning ascribed
to them in the Agreement.
2. Section 1, EFFECTIVE DATE, PARTIES, is deleted in its entirety and replaced with the following:
1. EFFECTIVE DATE, PARTIES. This Franchise Agreement (“Agreement”) is effective
on August 1, 1995 and is between the County of Contra Costa, a political subdivision of the State
of California (“County”) and Allied Waste Systems, Inc., a Delaware corporation (“Allied” or
“Contractor”).
3. Section 2, DEFINITIONS, is deleted in its entirety and replaced with the following:
2. DEFINITIONS. As used herein, the following terms have the meanings set forth below:
(a) Agreement. “Agreement” means this Agreement by and between the County and
Contractor for the collection, removal, and disposal of Solid Waste and the Recycling of material.
(b) Act. “Act” means the California Integrated Waste Management Act of 1989 (Public Res.
Code, § 40000 et seq.) and all rules and regulations adopted under any of those sections, as such
sections, rules and regulations may be amended from time to time in the future.
(c) Board. “Board” means the Board of Supervisors for the County of Contra Costa.
(d) Commercial Solid Waste. “Commercial Solid Waste” means Solid Waste routinely
originating from stores, business offices and other commercial and light industrial sources,
excluding residences and wastes from heavy industry (i.e., industry that manufactures or processes
petroleum, lumber, steel, chemicals, explosives, fertilizers, gas, rubber, cement, sugar and other
products [see section 84-60.402 of the Contra Costa County Ordinance Code.]).
(e) Contractor. “Contractor” means Allied Waste Systems, Inc. (Allied), successor to
PHBD, and a wholly owned subsidiary of Repubic Services, Inc., a Delaware corporation. Allied
is the entity which has been granted an exclusive franchise pursuant to the terms and conditions set
forth herein.
(f) County. “County” means the County of Contra Costa.
(g) Customers. “Customers” means those who have contracted with the Contractor for the
collection and Recycling of Recyclable Material and/or for the collection, removal, or disposal of
Solid Waste, pursuant to this Agreement and applicable ordinances of County, including
mandatory subscription ordinance.
(h) Designated Waste. “Designated Waste” as used herein has the meaning set forth in
section 2522 of Title 23 of the California Code of Regulations, as amended from time to time
3
(i) Director. “Director” means the Director of the County’s Department of Conservation and
Development. All references to “Director of Community Development” in the Agreement mean
the Director.
(j) Franchise Area. “Franchise Area” means the geographic area generally described in
Exhibit A to this Agreement, which is attached hereto and incorporated herein by reference, and
illustrated in the Geographic Information System (GIS) mapping data to be maintained and used to
generate maps that can be made available for inspection at the Department of Conservation and
Development. Exhibit A and said GIS mapping data shall be amended from time to time to reflect
changes of boundaries of the Franchise Area in such a manner as to identify each alteration to the
Franchise Area and the effective date thereof, with the exception of changes resulting from
annexations pursuant to Section 33 which need not reflect the boundaries and effectives dates of
each annexation.
(k) Hazardous Waste. “Hazardous Wastes” include any waste material or mixture of wastes
which is toxic, corrosive, flammable, an irritant, a strong sensitizer, which generates pressure
through decomposition, heat or other means, if such a waste or mixture of wastes may cause
substantial personal injury, serious illness or harm to humans, domestic animals, or wildlife, during
or as an approximate result of any disposal of such wastes as defined in Article 2, Chapter 6.5,
Section 26117 of the Health and Safety Code. The terms “toxic”, “corrosive”, “flammable”,
“irritant”, and “strong sensitizer” shall be give the same meaning as in the California Hazardous
Substances Act (Chapter 13 commencing with Section 28740 of Division 21 of the Health and
Safety Code). (14 Cal.Code Regs., § 17225.32
(l) Industrial Waste. “Industrial Waste” includes all types of Solid Waste which result from
industrial processes and manufacturing operations and/or which originates from such facilities.
(m) Infectious Waste. “Infectious Wastes” include:
(1) Equipment, instruments, utensils and other fomites of a disposable nature from the
rooms of patients who are suspected to have or have been diagnosed as having a
communicable disease and must, therefore, be isolated as required by public health agencies;
(2) Laboratory wastes, including pathological specimens (i.e., all tissues, specimens of
blood elements, excreta and secretions obtained from patients or laboratory animals) and
disposable fomites (any substances that may harbor or transmit pathogenic organisms)
attendant thereto;
(3) Surgical operating room pathologic specimens, including recognizable anatomical
parts, human tissue, anatomical human remains and disposable materials from hospital,
clinics, outpatient areas and emergency rooms, as is also defined in Section 314(d) of the
California Administrative Code, Title 17. (14 Cal.Code Regs., § 17225.36.)
(n) Recycle or Recycling. “Recycle”, “Recycled” or “Recycling” means the process of
collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become
Solid Waste, and recovering them so that they may be turned into new products. Recycle or
Recycling includes compost or composting of organic materials including yard waste and food
waste as well as any other Director approved means of diverting waste in accordance with the
Integrated Waste Management Act (including waste-derived Alternative Daily Cover or ADC that
qualifies as diversion under State law). Although green waste used as ADC is considered diversion
until 2020, green waste collected in this Franchise Area must cease being used as ADC and start
being composted no later than January 1, 2016.
4
(o) Recyclable Material. “Recyclable Material” means all organic and non-organic materials
the Contractor is required to Recycle, including but not limited to glass, aluminum, paper and
green waste. Listing of Recyclable Material can be found in Exhibit E which may be changed
from time to time by agreement of the County and Contractor, or pursuant to the provisions of
Section 12.b and Section 17 of the Franchise Agreement.
(p) Septage. “Septage” means non-sewered liquid or semi-liquid waste which may be trucked
to treatment facilities for disposal, to include, but not be limited to, waste from residential septic
tanks, commercial grease clean-outs, and industrial waste holding facilities
(q) Solid Waste. “Solid Waste” has the meaning set forth in Section 40191 of the California
Public Resources Code as of the date of execution of this Agreement. Solid Waste 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 induction 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 wastes. Solid Waste does not
include Recyclable Materials, Septage, Infectious Waste, Designated Waste, Hazardous Waste,
except household hazardous waste and universal waste.
(r) 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 at a landfill or, at
County’s discretion, delivery to a transfer facility or other facility by Contractor.
4. Section 3, TERM, is deleted in its entirety and replaced with the following:
3. TERM. Subject to Section 33 (Annexation and Change of Franchise Area Boundaries)
and Section 35 (Breach and Termination), the term of this Agreement begins on August 1, 1995,
and ends on July 31, 2025.
5. Section 5, EXCLUSIVE PRIVILEGE AND DUTY, is deleted in its entirety and replaced with the
following:
5. EXCLUSIVE PRIVILEGE AND DUTY.
(a) To the extent allowed by law, County hereby grants to Contractor the exclusive privilege
and duty to (i) collect and remove for disposal and Recycling all Residential Solid Waste and
Commercial Solid Waste, including Recyclable Materials, from within the Franchise Area,
pursuant to the terms of this Agreement, and (ii) charge for the services performed in the Franchise
Area in accordance with this Agreement.
(b) Contractor shall collect and remove for disposal and Recycling all Residential Solid Waste
and Commercial Solid Waste from Customers within the Franchise Area in accordance with this
Agreement.
(i) Effective August 1, 2015, Contractor shall perform the services described in
Exhibit E (such services, the “Basic Services”).
(ii) For the period August 1, 2015 through December 31, 2019, Contractor shall
perform the services set forth in Exhibit F.
5
6. Section 8, RATES, is deleted in its entirety and replaced with the following:
8. RATES.
(a) The County shall establish and regulate rates for collection of Residential Solid Waste and
Commercial Solid Waste within the Franchise Area (the “Collection Rates”). In establishing the
Collection Rates, the County shall use the methodology set forth in its Rate Methodology Manual,
as the manual may be modified from time to time (the “Rate Manual”).
(b) In determining the rates, the County shall consider fairness to both Contractor and the
Customers. Reasonable costs incurred by Contractor pursuant to this Agreement shall be
determined by the County during the rate review process.
(c) The maximum rate that Contractor may charge Customers within the Franchise Area for
collection, Recycling and disposal services (Exhibit E) shall be the highest Collection Rate being
charged by the Contractor within the Franchise Area immediately on the effective date of this First
Amendment as set forth in Exhibit C. Nothing in this Agreement precludes contactor from
charging rates less than the maximum rates fixed by the County. Pending subsequent approvals of
a rate increase by the County, the maximum rates chargeable shall be those rates set forth in
Exhibit C.
(d) Following consultation with the Contractor and examination of industry norms and trends,
the County, in its sole discretion, shall determine the method of determining Contractor
profitability.
7. Section 9, RATE APPLICATIONS is deleted in its entirety and replaced with the following:
9. RATE APPLICATIONS.
(a) The Collection Rates set forth in this Agreement may be adjusted annually in accordance
with the County’s Rate Manual, unless otherwise specified in Exhibit F.
(b) All costs associated with County review and processing of rate applications shall be paid
by Contractor upon request and shall be allowed as a pass-through cost in the rate application
process.
(c) Rate applications shall be prepared in accordance with such forms and in such detail as
required by the County. Rate application forms and associated guidelines and instructions are
contained in the Rate Manual approved by the County.
(d) Contractor shall submit its first rate application as directed by the County. All rate
applications shall include information from the previous approved rate change to the present, or
such other period of time as is selected by the County. Every four years, a detailed rate application
shall be accompanied by an audited financial statement covering the entire period specified in the
County’s Rate Manual together with supporting documentation as required to segregate its County
regulated activities from other business activities. In intervening years, Contractor may submit
abbreviated rate applications as provided for and described in the County’s Rate Manual.
(e) The Director may, in writing, allow the rate application to be submitted without an audited
financial statement provided the Director is satisfied that the level of verifiable detail allows for
adequate assessment of the Contractor’s income, expenses, assets and liabilities.
(f) Rate changes may be initiated by County at any time or by Contactor under the conditions
6
allowed in this section. In either case, Contractor shall prepare a rate application in accordance
with the requirements of this section and the County’s Rate Manual. 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 dates have been mutually determined by the Parties and
incorporated into the rate setting schedules in the County’s Rate Manual.
(g) In the event that the Department of Conservation and Development determines that a rate
change requested by Contractor is no more than the applicable annual change in the CPI
adjustments for that rate year, Contractor may increase its rate up to such amount without
obtaining rate change approval from the Board as may be provided for and described in the
County’s Rate Manual.
(h) Contractor may defer submittal of a detailed rate application pursuant to the preceding
paragraph for a maximum of three consecutive years.
(i) In the event that Contractor must make significant changes in its operations or experiences
significant changes in costs or revenue not under its control, Contractor may submit an
extraordinary rate application. Contractor shall provide documentation for the need for such rate
application relative to those extraordinary changes as provided for and described in the County’s
Rate Manual. The application will thereafter be reviewed by County staff and scheduled for
consideration by the Board.
8. Section 10, OPERATION BY CONTRACTOR, is deleted in its entirety and replaced with the
following:
10. OPERATION BY CONTRACTOR.
(a) Contractor shall furnish all necessary equipment, including providing wheeled carts with
lids to Customers for trash and Recyclable Material (non-organic and organic), unless commercial
Customers elect to subscribe to collection services using larger capacity bin or box provided by
the Contractor, pursuant to this Agreement. Contractor shall maintain its equipment in good repair
and working condition at all times.
(b) In performing services under this Agreement, Contractor shall use trucks with covered,
water-tight truck bodies constructed of sufficient strength to withstand a fire within without
endangering adjacent property. Contractor shall keep trucks, drop boxes and similar equipment in
good repair and shall cause them to be cleaned as needed. Contractor shall repair or replace carts
and other Contractor supplied containers when drivers or Customers identify specific containers as
either missing or in disrepair. Contractor shall cause carts and bins to be cleaned prior to delivery
to Customers. Contractor shall cause its name and telephone number to appear on the side of each
truck and on each drop box, bin and similar equipment provided by Contractor.
(c) Contractor shall provide all labor necessary to carry out the services required of it under
this Agreement.
(d) Contractor agrees to act at the direction of the County on matters pertaining to the
development and implementation of promotional outreach efforts and raising customer awareness.
Contractor shall develop and distribute notices and other informational materials for Customers as
required by the Director. Contractor shall send copies of any material intended to be sent to
Customers at least fourteen (14) days in advance of the intended distribution date of those
materials unless a shorter review period is approved in advance by the Director. The form and
7
content of notices and other informational materials shall be subject to the prior review and
approval of the Director.
9. Section 11, LIMITATION ON TIME AND MANNER OF COLLECTION, is deleted in its
entirety and replaced with the following:
11. LIMITATION ON TIME AND MANNER OF COLLECTION. Contractor shall
systematically collect Solid Waste, and to the extent required by this Agreement, materials for
Recycling from its Customers. Frequency, place of pickup (e.g. curbside, backyard, etc.) or any
other manner of collection shall be subject to the review and approval of the Director. Any
proposed change in collection service days shall be requested in writing and subject to review and
approval of the Director. Upon commencement of service and upon changes in collection day
schedules, Contractor shall provide each Customer with advance notice of the scheduled collection
day. Contractor shall not collect Solid Waste from an inhabited dwelling or dwelling unit between
the hours of 7:00 PM and 4:00 AM, except that if a dwelling unit is part of a collection route that
predominately serves non-residential accounts, collection may begin as early as 3:00 AM.
10. Section 12, CUSTOMER SATISFACTION, AB 939 AND EFFICIENCES IN OPERATION, is
amended by deleting subsection (c) in its entirety and replacing it with the following subsection (c),
and by adding the following subsection (d):
12. CUSTOMER SATISFACTION, AB 939 AND EFFICIENCES IN OPERATION.
(c) The 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/or meeting diversion requirements. The County may also require Contractor to
implement efficiencies in its operation following written notice from the County. The notice shall
allow Contractor a reasonable period of time to implement the specified service or program or
efficiency. If the County requires Contractor to implement a service or program or efficiency
under this section, Contractor agrees to do those things specified herein and as may be additionally
specified by the County, and to act at the direction of the County on other matters that may be
necessary for the success and efficiency of the service or program or efficiency, such as providing
public information and notification. Public information and notification materials shall be subject
to prior County approval pursuant to subsection (d) of this section. In the event that the County
elects to direct Contractor to discontinue any service theretofore performed by Contractor at the
direction of the County hereunder, County shall allow Contractor to recover its reasonable capital
equipment costs and other reasonable costs arising upon termination of the service. Rate
adjustments necessitated solely as a result of programs instituted pursuant to this subsection (c)
shall be established at the time the County authorizes implementation of the program or efficiency.
(d) Contractor shall provide copies to the County of any material intended to be sent to
Customers at least ten (10) days in advance of the intended printing date of those materials, unless
a shorter review period is approved in advance by the Director. The form and content of public
information and notification materials required by the County for the purpose of improving
service, increasing customer satisfaction, or meeting diversion requirements shall be subject to the
prior review and approval of the Director.
11. Section 16, BILLING, is deleted in its entirety and replaced with the following:
16. BILLING.
(a) The form and content of Customer bills shall be subject to the review and approval of the
Director.
8
(b) Bills for services may be monthly, bi-monthly or quarterly as determined by the County.
Contractor may bill its Customers in advance or in arrears. The County may establish billing period
options for Customers upon finding that such options are cost-effective and meet a community need.
(c) Full payment for drop boxes may be required by Contractor prior to delivery of the drop box
to the Customer.
(d) The County shall have the right to direct the Contractor to change or alter its billing system
in which event the marginal additional expenses incurred by the Contractor in the implementation
of the change, with regard to the accounting, printing, mailing, loss of use of funds, or otherwise,
shall be recoverable by the Contractor through the rates allowed by the County provided such
expenses are reasonable. Contractor shall inform Customer of all rate increases at least 30 days
prior to their effective date. The form and content of rate change notices shall be subject to the
review and approval of the Director. Contractor shall accommodate placement of bill messages
subject to the direction and approval of the Director. A copy of such notice shall be provided to
County at the time of Customer notification.
12. Section 18, FREE SERVICE FOR COUNTY, is deleted in its entirety and replaced with the
following:
18. SERVICES FOR PUBLIC FACILITIES. Contractor shall collect and remove for
disposal and recycling all Solid Waste from County buildings, street cans and other public purpose
facilities that are owned, operated or occupied by the County and identified on Exhibit D. In
addition, subject to funding availability, Contractor shall, on an on-call basis, collect and remove
for disposal and Recycling all Solid Waste from specified locations within the public right-of-way
and designated properties being abated by the County upon the request of the Director. Services
provided pursuant to this Section are to be provided at no charge to the County. Expenses incurred
by Contractor in performing services pursuant to this Section will be treated as allowable for rate
setting purposes to the extent such costs are properly accounted for in the Rate Application(s)
submitted by Contractor, unless otherwise specified in Exhibit F. The Director may change
Exhibit D, from time to time to incorporate changes in services or locations.
13. Section 19, FRANCHISE AREA-WIDE COLLECTION, is deleted in its entirety and replaced with
the following:
19. ON-CALL CLEAN-UP.
(a) Unless otherwise determined by the Director, in each year of this Agreement, Contractor
shall perform the following services for each Customer in the Franchise Area, on an on-call basis,
upon request of the Customer: (i) two general clean-up collections of bagged or bundled material,
with each collection consisting of up to two cubic yards (i.e., up to fifteen 35-gallon bags) of Solid
Waste, and (ii) one curbside pickup of bulky items. The services to be provided pursuant to this
Section are more fully described in Exhibit E.
(b) Contractor shall submit quarterly reports to the Director indicating (i) the number of
curbside general clean-ups performed during the reporting period, and (ii) the number of curbside
pickups of bulky waste items performed during the reporting period. Expenses incurred by
Contractor in performing services pursuant to this Section will be treated as allowable for rate
setting purposes to the extent such costs are properly accounted for in the Rate Application(s)
submitted by Contractor, unless otherwise specified in Exhibit F.
(c) The scope and frequency of collection services provided pursuant to this Section may be
changed from time to time at the direction of, or with the approval of, the Director and without the
need to amend this Agreement.
9
14. Section 20, PARTICIPATION IN COMMUNITY CLEAN-UP PROJECTS, is deleted in its
entirety and replaced with the following:
20. PARTICIPATION IN COMMUNITY CLEAN-UPS.
(a) Upon the request of the Director, Contractor shall provide Solid Waste debris boxes or
equivalent containers for community clean-up events or other clean-up projects within the
Franchise Area, as specified in Exhibit D. Contractor is not obligated to provide more than the
equivalent of sixteen 20-cubic-yard debris boxes per year, per region in the Franchise Area,
pursuant to this Section, as long as the Franchise Area is not expanded.
(b) Expenses incurred by Contractor in performing services pursuant to this Section, if
properly documented in the Rate Application(s) submitted by Contractor, shall be treated as
allowable for rate setting purposes.
15. Section 23, ADMINSTRATIVE SERVICES AND FRANCHISE FEES, is deleted in its entirety
and replaced with the following:
23. ADMINISTRATIVE SERVICES AND FRANCHISE FEES.
(a) ADMINISTRATIVE SERVICES FEES. As directed by the County, Contractor shall
pay to the County fees to cover the costs incurred by the County in (1) the administration of this
Agreement and, (2) the services and programs provided by County pertaining to Solid Waste. These
fees will be referred to as “Administrative Services Fees.” The amount, time and frequency of
payment of such fees may be established by County from time to time. No Administrative Services
Fees are due and owing to the County as of the date of the First Amendment. Administrative Services
Fees that are established after the date of the First Amendment will be payable from Contractor to the
County on the earlier of either (1) the effective date of rates charged by Contractor to Customers that
incorporate such Administrative Services Fees; or (2) the first day of the second calendar month
immediately following County’s determination of a maximum rate that incorporates such
Administrative Services Fees.
(b) FRANCHISE FEE.
(i) Contractor shall pay the County an amount equal to a percentage of Contractor’s
Gross Annual Revenues (such amount, the “Franchise Fee”). The Franchise Fee is payable at
the time and frequency established by the Director from time to time. For purposes of the
Agreement, “Gross Annual Revenues” means all money generated by Contractor’s operation
in the Franchise Area in a particular year, before deduction for expenses.
(ii) From August 1, 1994 through July 31, 2015, the Franchise Fee is equal to five
percent (5%) of Contractor’s Gross Annual Revenues. Effective August 1, 2015, the
Franchise Fee is equal to seven percent (7%) of Contractor’s Gross Annual Revenues.
(iii) Following the date of the First Amendment, subject to applicable legal limitations,
the County may adjust the Franchise Fee. Any adjustment to the Franchise Fee will be
effective on the earlier to occur of (1) the effective date of a change in the rates Contractor
charges Customers, if the changed rate incorporates the adjusted Franchise Fee; or (2) the
first day of the second calendar month immediately following the approval of the County’s
Board of Supervisors of a Collection Rate that incorporates the adjusted Franchise Fee.
(c) PASS THROUGH. Administrative Services Fees and the Franchise Fee shall be considered
reasonable costs and subject to “pass-through” as described in Section 8-Rates and Section 9-Rate
10
Applications.
16. Section 30. ASSIGNABILITY is amended by deleting the reference to “Browning Ferris Industries,
Inc.” and replacing it with “Republic Services, Inc.”
17. Section 32. NOTICE PROVISIONS is deleted in its entirety and replaced with the following:
32. NOTICE PROVISIONS. Any notice required or permitted under the Agreement shall be in
writing and shall be directed to the following persons at the following addresses:
To Contractor:
Allied Waste Systems, Inc.
Attn: General Manager
441 North Buchanan Circle
Pacheco, CA 94553
To County:
Contra Costa County
Attn: Director of Conservation and Development
30 Muir Road
Martinez, CA 94553
All notices shall be effective upon delivery if given by personal delivery, or ten (10) days after mailing
if given by certified mail, return receipt requested.
18. Section 47. GUARANTY is amended by deleting the reference to “Browning Ferris Industries, Inc.”
and replacing it with “Republic Services, Inc.” Section 47 is further amended by deleting Exhibit B
and replacing it with the Exhibit B that is attached hereto and incorporated herein.
19. Exhibits. All exhibits are deleted and replaced with the following exhibits, which are attached hereto
and incorporated herein:
Exhibit A – Map of Franchise Area.
Exhibit B – Guaranty.
Exhibit C – Maximum Collection Rates.
Exhibit D – Services for Public Facilities.
Exhibit E – Basic Residential and Commercial Services.
Exhibit F – Enhanced Services from Rate Setting Methodology Revenue.
Contractor shall perform all services specified in Exhibits C, D, E, and F.
Except as amended by this First Amendment, the terms of the Agreement remain in full force and
effect.
11
The parties are signing this First Amendment as of the date set forth in the introductory paragraph.
COUNTY OF CONTRA COSTA
By:______________________________________
Chair, Board of Supervisors
Attest: David Twa, Clerk of the Board of
Supervisors and County Administrator
By: _____________________________________
Deputy
ALLIED WASTE SYSTEMS, INC.
a Delaware Corporation
By:______________________________________________
Name:______________________________________
Title: _______________________________________
By:_______________________________________________
Name:_______________________________________
Title: ________________________________________
Note: Two officers must sign on behalf of corporations. The first must be the
chairman of the board, president or any vice president; the second must be the
secretary, assistant secretary, chief financial officer or any assistant treasurer.
(Corp. Code, § 313; Civ. Code, § 1190.)
G:\Conservation\David\Franchise Agreements\Allied - Republic Services\Final Amendment Docs\Franchise Agmt - Amend No
1_Final.docx
Sacramento County
Solono County
ÄÅ24
§¨¦80 San Pablo Ave Ca
r
l
s
o
n
B
l
v
d 34th St El Portal Dr Blume Dr McBryde Ave
Solano Ave
A
r
l
ing
to
n
B
l
v
d
AntiochConcord
Danville
Pittsburg
Oakley
Orinda
Walnut Creek
Lafayette
Martinez
Brentwood
Moraga
San Ramon
Hercules
Clayton
Richmond Pleasant Hill
Pinole
El Cerrito
Alameda County
§¨¦80
§¨¦680
§¨¦680
ÄÅ4
ÄÅ242
ÄÅ160
ÄÅ4
Va
s
c
o
R
d Sellers Ave Clayt
o
n
R
d
Treat Blvd Bailey Rd Balfour Rd
Delta Rd
Co
n
c
o
r
d
B
l
v
d
N Main St Sunset Rd
Pi
n
e
h
u
r
s
t
R
d
C
u
m
m
i
n
g
s
S
k
w
y
St Marys Rd Diablo Rd Hillcrest Ave S
a
n
P
a
b
l
o
D
a
m
R
d
E Leland Rd
W Leland Rd
D
a
n
v
i
l
l
e
B
l
v
d
P
leasan
t
H
i
l
l
Rd A St Buchanan Rd
A
l
h
a
m
b
r
a
A
v
e
S
M
a
i
n
S
t 1 St Pomona St
Olivera Rd L StW 10th St
Concord Ave
Willow Pass Rd W 10th St
Willow Pass RdMap created 6/10/2015
by Contra Costa County Department Conservation and Development
Community Development Division--GIS Group
30 Muir Rd, Martinez, CA 94553-0095
This map contains copyrighted information and may not be altered. It may be
reproduced in its current state if the source is cited. Users of this map agree to read and
accept the County of Contra Costa disclaimer of liability for geographic information.I 0 3 61.5
Miles
Exhibit A: Allied Waste Systems Inc.County Franchise Area
Proposed Franchise Area as of July 2015
Allied Waste County Franchise Area
Area to be FranchisedHercules
C
u
m
m
i
n
g
s
S
k
w
y
Pomona St
§¨¦80
Inset Map
Exhibit B Page 1 of 2
Allied Waste Systems, Inc. July 2015
EXHIBIT B
GUARANTY
This Guaranty is made and entered into this 1st day of August 2015, by and
between the County of Contra Costa (hereinafter “County”) and Republic Services, Inc. a
Delaware corporation (“Guarantor”).
WHEREAS, Allied Waste Systems, Inc. a Delaware corporation (“Contractor”), a
wholly owned subsidiary of Guarantor, desires to enter into a certain Franchise
Agreement with the County (the “Agreement”) for the provision of solid waste handling
service within specified areas in the unincorporated area of the County;
WHEREAS, pursuant to Section 47 of the Agreement, the County has required
that Contractor obtain certain assurances from Guarantor, as to all conditions and
obligations of the Agreement to be fulfilled by Contractor; and
WHEREAS, in order to induce the County to extend the Agreement with
Contractor, Guarantor desires to provide the County with said assurances as to all
conditions and obligations of the Agreement to be fulfilled by Contractor;
NOW, THEREFORE, the County and Guarantor hereby agree as follows:
1. Guarantor hereby guarantees to the County the full performance by
Contractor of all conditions and obligations in the Agreement which are to be fulfilled by
Contractor, provided that the County has fulfilled all of its obligations under the
Agreement, and in particular, without limiting the foregoing, that the County has provided
Contractor with the requisite notice(s), and opportunities to cure as provided for in the
Agreement.
2. The County agrees to give Guarantor notice by certified mail, return receipt
requested, at:
Republic Services, Inc.
Attn: Vice President & Deputy General Counsel
18500 North Allied Way, 2nd Floor
Phoenix, AZ 85054
each time that the County becomes aware of any fact or circumstance which may give
rise to an obligation of Guarantor to perform pursuant to this Guaranty.
3. Notwithstanding any provision in this Guaranty to the contrary, the
Guarantor may exercise or assert any and all legal or equitable rights, defenses, counter
claims or affirmative defenses under the Agreement or Applicable Law which the
Contractor could assert against any Party seeking to enforce the Agreement against the
Contractor, and nothing in this Guaranty shall constitute a waiver thereof by the
Guarantor.
Exhibit B Page 2 of 2
Allied Waste Systems, Inc. July 2015
4. The County shall not sell, assign or otherwise transfer this Guaranty, or its
rights or obligations thereunder, without the prior written consent of Guarantor, which
consent shall not be unreasonably withheld if the assignment is to a municipal
corporation.
5. This Guaranty constitutes the entire agreement between the Parties to this
Guaranty with respect to the transactions contemplated by this Guaranty. Nothing in this
Guaranty is intended to confer on any Person other than the Guarantor, the Authority and
their permitted successors and Assigns under this Guaranty any rights or remedies under
or by reason of this Guaranty.
6. This Guaranty may be executed in any number of counterparts, some of
which may not bear the signatures of all Parties to this Guaranty. Each counterpart, when
so executed and delivered, is deemed to be an original and all counterparts, taken
together, shall constitute one and the same instrument; provided, however, that in
pleading or proving this Guaranty, it shall not be necessary to produce more than one (1)
copy (or sets of copies) bearing the signature of the Guarantor.
IN WITNESS WHEREOF, this Guaranty has been executed on the date first above
written.
COUNTY OF CONTRA COSTA GUARANTOR
By: ______________________ By: ____________________________
Its: ____________________________
By: ____________________________
Its: ____________________________
G:\Conservation\David\Franchise Agreements\Allied - Republic Services\Final Amendment Docs\Exhibit B-Guaranty_Final.docx
Exhibit C Page 1 of 4
Allied Waste Systems, Inc. July 2015
EXHIBIT C
MAXIMUM COLLECTION RATES
Dated: July 2015
Contractor shall provide the services set forth herein, effective August 1, 2015.
A. MAXIMUM COLLECTION RATES FOR RESIDENTIAL SERVICE
Contractor shall charge no more than the below listed maximum approved Collection Rates
for basic residential service as well as the on-call services described in Exhibit E.1
Maximum Rates –Residential Trash,
Recycling & Organics (64-gal or 96-gal)
Customer Selected
Waste
Cart Size
Curbside - Wheeled Waste Carts
(MONTHLY RATES1)
includes post-collection processing & disposal
20-gal $12.15
32-gal $15.90
64-gal $23.70
96-gal $30.75
Canyon Only
32-gal $15.90
64-gal $23.70
96-gal $30.75
Additional Waste Carts (See note 2 for Additional Recycling or Green Waste Carts)
1 Rates based on waste container size selected by the Customer, filled to rim, with lids fully closed.
2 Additional Recycling/Green Waste Carts: Recycling (64-gal) - $1.99 per cart per month + $27.42 per delivery
Green Waste (64-gal) - $5.00 per cart per month + $27.42 per delivery
B. MAXIMUM COLLECTION RATES FOR COMMERCIAL SERVICE
Contractor shall charge no more than the below listed maximum approved Collection Rates
for basic commercial services3 described in Exhibit E.
Maximum Rates - Commercial Waste, Recycling & Organics
(MONTHLY RATES3)
Customer
Selected
Service Level
Bay
Point
Unincorp
Concord
Alhambra
Valley
Morgan
Territory
Clyde,
Central
San &
Pacheco
Canyon Unincorp
PH
1 yd 1x wk 121.83 109.89 109.89 109.89 114.11
1 yd 2x wk 219.80 219.80 185.28
1 yd 3x wk 329.69 329.69 278.03
1 yd 4x wk 439.57 439.59 370.70
1 yd 5x wk 549.48 549.48 463.38
Extra Pickup4 38.27 38.27 38.27 38.27 38.27
Exhibit C Page 2 of 4
Allied Waste Systems, Inc. July 2015
Maximum Rates - Commercial Waste, Recycling & Organics
(MONTHLY RATES3)
Customer
Selected
Service Level
Bay
Point
Unincorp
Concord
Alhambra
Valley
Morgan
Territory
Clyde,
Central
San &
Pacheco
Canyon Unincorp
PH
2 yd 1x wk 158.17 169.21 169.22 169.22 155.31 169.21
2 yd 2x wk 316.36 338.42 338.42 338.42 310.75 338.42
2 yd 3x wk 474.55 507.65 507.65 466.26
2 yd 4x wk 632.73 676.86 676.86 621.63
2 yd 5x wk 790.90 846.08 846.08 777.00
Extra Pickup4 51.03 51.03 51.03 51.03 51.03 51.03
3 yd 1x wk 231.92 229.43 229.43 229.43
3 yd 2x wk 463.82 458.92 458.92 458.92
3 yd 3x wk 695.75 688.35
3 yd 4x wk 927.66 917.77
3 yd 5x wk 1159.57 1147.26
Extra Pickup4 63.79 63.79 63.79 63.79 63.79
4 yd 1x wk 309.22 338.43 302.47 338.43
4 yd 2x wk 618.44 676.86 604.79 676.86
4 yd 3x wk 927.66 1015.28 907.25 1015.28
4 yd 4x wk 1236.88 1209.57
4 yd 5x wk 1546.09 1512.02
Extra Pickup4 82.92 82.92 82.92 82.92 82.92
5 yd 1x wk 382.70 369.88 369.88 369.88
5 yd 2x wk 765.39 739.82
5 yd 3x wk 1148.08 1109.63
5 yd 4x wk 1530.78 1479.57
5 yd 5x wk 1913.48 1849.43
Extra Pickup4 95.68 95.68 95.68 95.68 95.68
6 yd 1x wk 432.45 444.19
6 yd 2x wk 864.88 887.71
6 yd 3x wk 1297.33 1331.65
6 yd 4x wk 1729.79 1775.46
6 yd 5x wk 2162.24 2219.25
Extra Pickup4 114.80 114.80 114.80 114.80 114.80
8 yd 1x wk 540.88 591.83 591.83
8 yd 2x wk 1081.76 1183.68
8 yd 3x wk 1622.63 1775.46
8 yd 4x wk 2163.51 2367.29
8 yd 5x wk 2704.38 2959.19
Extra Pickup4 140.32 140.32 140.32 140.32 140.32
32 gal 1x wk 23.45 19.33 19.33 19.15
Exhibit C Page 3 of 4
Allied Waste Systems, Inc. July 2015
Maximum Rates - Commercial Waste, Recycling & Organics
(MONTHLY RATES3)
Customer
Selected
Service Level
Bay
Point
Unincorp
Concord
Alhambra
Valley
Morgan
Territory
Clyde,
Central
San &
Pacheco
Canyon Unincorp
PH
32 gal 2x wk 46.89 38.65
32 gal 3x wk 70.35 57.98
32 gal 4x wk 93.80 77.31
32 gal 5x wk 117.25 96.63
Extra Pickup4 10.10 10.10 10.42 10.42 10.10
64 gal 1x wk 34.12 30.81 30.81 34.12
64 gal 2x wk 68.25 71.00 71.00 68.23
64 gal 3x wk 102.36 111.18 111.18 102.36
64 gal 4x wk 136.48 151.35 151.35 136.48
64 gal 5x wk 170.60 191.60 191.60 170.60
Extra Pickup4 20.19 20.19 20.19 20.19 20.21 20.19
96 gal 1x wk 50.53 50.53 45.61 46.52 45.61 50.53
96 gal 2x wk 101.03 99.76 99.76 91.36 111.54
96 gal 3x wk 151.56 153.97 153.96 136.82
96 gal 4x wk 202.08 208.20 208.20 182.42
96 gal 5x wk 252.60 262.40 262.40 228.03
Extra Pickup4 30.29 30.29 31.26 30.29 31.26 30.29
3 Rates include waste, recycling and organics collection services effective September 1, 2015. The rate charged for
combined commercial service will be equal to the current commercial refuse collection rate (meaning no additional
rate changes will be implemented to account for lost revenues generated from the current recycling rate). County
may use Efficiency Surplus Funding to compensate Contractor may offset for the cost of providing mandatory
commercial recycling ($157,033 per year) with Rate Setting Methodology Revenue as provided for in Exhibit F –
Efficiency Surplus Funding.
4 Extra Pick-up means additional weekly pick-up provided upon request by Customer.
C. MAXIMUM PRICES FOR EXTRA BAGS AND BULKY ITEMS
Contractor shall charge no more than the below listed amounts for the listed optional extra
services.
Twin Mattress includes box springs $40.00
Double Mattress includes box springs $40.00
Queen Mattress includes box springs $40.00
King Mattress includes box springs $40.00
Stove $60.00
Dryer $60.00
Washer $50.00
Dishwasher $60.00
Hot Water Heater $60.00
Sofa/Couch $50.00
Exhibit C Page 4 of 4
Allied Waste Systems, Inc. July 2015
Hide-a-Bed $60.00
Refrigerator (pick up & Freon removal) $75.00
Freezer (pick up & Freon removal) $75.00
Air Conditioner (pick up & Freon removal) $75.00
Swamp Cooler $40.00
Tires (smaller than 19”) $20.00
Tires (larger than 19”) $30.00
TV’s $25.00
Computer Monitors $25.00
Large TV Consoles $40.00
E-waste (3 pieces) $ 5.00
Extra 32-Gallon Bag $15.00
G:\Conservation\David\Franchise Agreements\Allied - Republic Services\Final Amendment Docs\Exhibit C-Maximum
Rates_Final.docx
Exhibit D Page 1 of 2
Allied Waste Systems, Inc. July 2015
EXHIBIT D
SERVICES FOR PUBLIC FACILITIES
County – Allied Waste Systems Inc. Franchise Area
Dated: July 2015
Section 1: GENERAL OBLIGATIONS RELATED TO SERVICES FOR PUBLIC FACILITIES
Contractor shall offer to provide the services set forth herein, effective September 1, 2015. The
Contractor shall provide collection, Recycling and disposal services for Public Facilities
specified in this Exhibit D, and are the services that the Contractor is required to provide under
Sections 18-20. This includes routine services at specified County buildings, street cans and
other public facilities (see “Routine Services” below).
Section 2: ROUTINE SERVICES
Contractor shall collect green waste, recycling and/or Solid Waste upon request at County
designated locations. The following list of locations and related service levels may be modified
from time to time pursuant to Section 18 of the Franchise Agreement. Subject to funding
availability including that set forth in Exhibit F, Contractor shall provide on-call services at
locations within the County rights-of-way or at properties being abated by the County (see “On-
Call Services” below). As of the date of this Exhibit D, routine service levels for each currently
designated location are as follows:
Public Facilities Being Served
in County-Allied
Franchise Area
Location
SERVICE LEVEL
Solid Waste Recycling
(Bi-
Weekly)*
Green
Waste
(Bi-
Weekly)*
Container
(Qty/Size)
Pickups
per week
Section 3: ON-CALL SERVICES
Contractor shall provide on-call Solid Waste and Recyclable Materials collection and
Recycling/disposal services at locations within the County rights-of-way or at properties
being abated by the County within the Franchise Area, upon written request of the Director
or their designee. Contractor shall separately track allowable costs for providing said on-
call services requested by the County, properly segregate said costs in rate applications
and provide reporting of on-call service costs and other data by service type upon request
of the Director or his/her designee.
Exhibit D Page 2 of 2
Allied Waste Systems, Inc. July 2015
A. RIGHT-OF-WAY LOCATIONS: Subject to funding availability, including earmarked
funding specifically set forth in Exhibit F, Contractor shall remove Solid Waste from
specified locations within County rights-of-way within three to five business days of
receiving each request from the Director or his/her designee.
Contractor shall track and report to County all on-call services provided by Contractor for
Solid Waste removed from right-of-way locations. Contractor shall utilize the on-call service
reporting template provided by the County, unless an alternative reporting mechanism is
approved by the Director or his/her designee.
B. ABATEMENT PROJECT LOCATIONS: Upon written request of the Director or their
designee and subject to funding availability including that set forth in Exhibit F,
Contractor shall provide and service requested receptacle(s) at the specified abatement
project locations as follows:
1. Contractor shall commit to the date that the requested receptacle(s) will be delivered to
the specified location within three business days of the written request;
2. Contractor shall deliver the requested receptacle(s) on the date mutually agreed upon;
and
3. Contractor shall remove the requested receptacle(s) on the date mutually agreed upon.
4. Contractor shall track and report to County all receptacles provided to County by
Contractor and document the amount of material disposed or Recycled from
receptacles. Contractor shall utilize the on-call service reporting template provided by
the County, unless an alternative reporting mechanism is approved by the Director or
his/her designee.
C. COMMUNITY CLEAN-UPS: Contractor shall provide and service up to sixteen (16),
20-cubic yard clean-up boxes per year per region in the County-Allied Franchise Area
as directed by the County pursuant to Section 20 of the Franchise Agreement.
Contractor shall track and report the number of community clean-up boxes utilized and
associated amounts disposed or Recycled on a quarterly basis.
G:\Conservation\David\Franchise Agreements\Allied - Republic Services\Final Amendment Docs\Exhibit D-Public
Facilities_Final.docx
Exhibit E Page 1 of 7
Allied Waste Systems, Inc. July 2015
EXHIBIT E
BASIC RESIDENTIAL AND COMMERCIAL SERVICES
County-Allied Waste Systems, Inc. Franchise Area
Dated: July 2015
Section 1: GENERAL OBLIGATIONS RELATED TO BASIC SERVICES
Contractor shall offer to provide the services set forth herein, effective August 1, 2015. The
Residential Services and Commercial Services specified in this Exhibit E are the Basic Services
that Contractor is required to provide under Section 5 of the Agreement.
Effective September 1, 2015, Contractor shall cause source-separated organics collected in the
Franchise Area not to be used as landfill cover; instead, collected organics shall either be
composted or otherwise diverted in accordance with the Integrated Waste Management Act
subject to the review and approval of the Director or his/her designee.
Contractor shall provide quarterly reports with information requested by the Director or his/her
designee pertaining to collection and diversion activities, including, but not limited to quantities
collected, participation, contamination levels and other operational statistics for routine and on-
call pickup of trash, Recyclable Materials, and construction and demolition (C & D) materials.
Section 2: RESIDENTIAL SERVICES
Contractor shall provide standard residential service for single-family homes and duplexes upon
request of Customers consisting of routine collection of trash, Recyclable Materials (non-organic
and organic) as set forth in this Section 2 and Section 4 of Exhibit E. Routine collection includes
weekly collection of trash using wheeled cart size selected by Customer (20-gallon, 32-gallon,
64-gallon or 96-gallon cart sizes), weekly collection of Recyclable Materials, except organics
using wheeled carts (64-gallon or 96-gallon size), and bi-weekly collection of organic Recyclable
Materials using wheeled carts (64-gallon or 96-gallon size).
A. GENERAL RESIDENTIAL SERVICE INFORMATION
1. Pickup Locations: Standard residential service is curbside pickup. Backyard
collection is available to Customers where no one in the household is able to move
carts to the curb. Annual medical certification of disability is required. Optional
backyard collection is available for an additional charge as noted in Section D.
2. Containers: Only wheeled carts provided to Customers by Contractor will be
serviced.
3. Frequency: Contractor shall increase frequency of residential Recyclable Materials
(except organics) collection from bi-weekly to weekly, effective January 1, 2016,
unless Contractor requests and the Director or his designee authorizes a later start
date. No later than December 1, 2015, Contractor shall distribute written information
reviewed and approved by the Director or his designee to all residential Customers
regarding this change to weekly collection.
Exhibit E Page 2 of 7
Allied Waste Systems, Inc. July 2015
4. On-call Clean-up and Collection Services: Clean-up collections will be on-call (at
the Customer’s request) in accordance with Sections 2.B and 2.C.
B. ON-CALL CURBSIDE CLEAN-UP (Bagged Materials)
Contractor shall offer residential Customers up to two on-call curbside clean-ups for solid
waste each year at no additional charge and provide such clean-ups upon Customers
request. The following parameters apply to on-call curbside clean-ups:
1. On-call curbside clean-ups can be used for either trash or Recyclable Materials.
2. On-call clean-ups are scheduled upon request of the Customer. Clean-ups will be
arranged to occur on their next regularly scheduled collection day if the request is
received with a minimum 72 hour notice prior to the scheduled collection day.
3. Mixed set-outs will be collected and disposed.
4. A maximum of two cubic yards of bagged or bundled material (up to fifteen 35-gallon
bags) will be collected in each on-Call curbside clean-up.
5. All items must be bagged or bundled.
6. Filled bags must weigh no more than 30 pounds and be strong enough to hold
contents securely.
7. All bagged or bundled materials must be placed at the curb for collection.
Contractor shall track and report the number of on-call curbside clean-ups requested and
provided per community on a quarterly basis.
C. ON-CALL CURBSIDE BULKY ITEM COLLECTION
Effective September 1, 2015, Contractor shall offer residential Customers up to two on-Call
curbside bulky item collections each year at no additional charge and provide such
collection services upon request Customers request. No later than August 1, 2015,
Contractor shall distribute written information reviewed and approved by the Director or his
designee to all residential Customers regarding new on-call curbside bulky item collection
services.
The manner in which bulky item collection is to be funded for the period of September 1,
2015 through December 31, 2015 is set forth in Exhibit F. Exhibit F specifies a means of
offsetting Contractor’s allowable costs to provide this on-call collection service beyond
January 1, 2016 if not included in the 2016 Collection Rate. The following parameters apply
to on-call curbside bulky item collection:
1. One (1) major residential appliance or other bulky item may be disposed of in one (1)
on-call curbside bulky item collection.
2. Each item to be collected can weigh no more than 200 pounds.
3. Only bulky items that won’t fit in waste cart, cannot be bagged for annual on-Call
curbside clean-up and are not collected for Recycling curbside will be accepted.
4. On-call curbside bulky item collection will be scheduled on a date in the regular route
schedule to be agreed upon by the Contractor and Customer.
Contractor shall track and report the number of on-call bulky item collections per community
on a quarterly basis.
Exhibit E Page 3 of 7
Allied Waste Systems, Inc. July 2015
D. OPTIONAL SERVICES AVAILABLE FOR ADDITIONAL CHARGE
Contractor shall provide residential Customers the option of requesting the following
services. Maximum Rates subject to County approval do not include or apply to these
optional services. Contractor may impose an extra optional charge to provide listed services
providing Customer is made aware of and agrees to optional charges in advance.
1. Extra waste pick-up
2. Collection of extra bags
3. Extra bulky item pick-up
4. Preference Backyard Carry-out Service (with no medical disability certification)
5. Cart wash out
6. Same week on-call curbside clean-ups, on-call curbside bulky item collection
Contractor shall include amounts collected for any additional charges imposed for optional
services requested by Customers in calculations of Gross Annual Revenue subject to the
Franchise Fee specified in Section 23 of this Agreement.
Contractor shall properly segregate the revenues and costs associated with these optional
services requested by Customers for the purposes of rate setting. Contractor shall account
for these revenues and costs in the rate application(s) submitted to the County.
Section 3: COMMERCIAL SERVICES
Contractor shall provide the following services to commercial Customers upon request.
Contractor shall offer to collect Recyclable Materials as a part of the basic Solid Waste
collection service provided to all commercial Customers. Contractor shall cease requiring
commercial Customers pay a separate charge for collecting Recyclable Materials effective
September 1, 2015. Contractor shall mail notices to all commercial Customers on August 1,
2015 indicating that Recyclables Materials collection service will be available at no additional
charge beginning on September 1, 2015. The form and content of the Customer notice shall be
subject to the review and approval of the Director or his designee.
Contractor shall offer the County with the opportunity to participate in each bulk purchase of
internal containers and other assets (posters, bags, etc.) to increase commercial and multi-
family recycling.
A. SOLID WASTE COLLECTION
Contractor shall provide commercial Customers with the option of selecting solid waste bin
sizes ranging from one (1) to eight (8) cubic yards, or 32-gallon, 64-gallon or 96-gallon carts.
Contractor shall provide commercial Customers with bin service the option to select their
preferred frequency of solid waste collection ranging from one (1) to five (5) times per week.
B. RECYCLING COLLECTION
1. Beginning on August 1, 2015, Contractor shall provide the following Recycling and
collection services to commercial Customers, including but not necessarily limited to the
following:
Exhibit E Page 4 of 7
Allied Waste Systems, Inc. July 2015
a. Collection of commercial source-separated Recyclable Materials specified in
Section 4.A in this Exhibit E from carts and bins at a minimum weekly and up to
three times per week, as requested by the Customer.
b. Collection of commercial source-separated organic Recyclable Materials
(including all compostable food waste and food-soiled paper) as specified in
Section 4.C in this Exhibit E from carts and bins at a minimum weekly and up to
three times per week, as requested by the Customer.
c. Size of the recycling and organics carts and bins selected by the Customer to
ensure service level meets their needs.
2. Beginning on September 1, 2015, Contractor’s Recycling Coordinator shall dedicate the
equivalent of at least one day per week to providing assistance and support within the
County-Allied Franchise Area to maximize success of diversion programs. Recycling
Coordinator shall perform commercial (including multi-family) waste assessments upon
request. Contractor shall submit quarterly reports containing information required by the
Director or his designee to demonstrate the Recycling Coordinator’s activities.
3. Beginning on September 1, 2015, Contractor shall mail notices regarding expanded
Recyclable Materials collection services to all commercial Customers (including multi-
family). Written notice shall address cart/bin size and frequency options, list of
Recyclable Materials collected as specified in Section 4 of this Exhibit as well as options
to arrange for new or expanded collection services. The form and content of the
Customer notice shall be subject to the review and approval of the Director or his/her
designee.
4. Beginning on October 1, 2015, Contractor shall contact Customers that did not request
commercial Recycling service in response to the written notice for the purposes of
making arrangements that will meet the Customer needs. Contractor shall document
and report commercial Customers’ Recycling service needs or lack thereof in adequate
detail to ensure compliance with applicable State laws.
5. Between September 1, 2015 and April 1, 2016, all commercial and multi-family
customers not receiving Recyclables Material collection service shall be visited by the
Recycling Coordinator to discuss (service choices) collection options to address
individual customer needs. Contractor shall submit listings of the commercial and multi-
family customers visited and service changes instituted on a quarterly basis.
C. COMMERCIAL PROGRAMS MANDATED BY THE STATE
1. Contractor shall provide the County with information and assistance requested by the
Director for the purpose of monitoring, documenting and maintaining compliance with the
State’s mandatory commercial Recycling and organics laws.
2. Contractor shall provide the County with a report for each calendar year detailing the
number of covered entities that are and are not participating in Recyclable Materials
collection the number of waste assessments conducted and a summary of additional
educational and outreach efforts undertaken and copy of sample compliance letter and
annual compliance letter mailing list. Contractor shall provide additional information
required for reporting to CalRecycle.
Exhibit E Page 5 of 7
Allied Waste Systems, Inc. July 2015
3. Contractor shall conduct the public education and outreach activities identified below,
subject to the review and approval of the Director or his designee, to meet the State’s
mandatory commercial recycling program, as required in Assembly Bill 341 (AB 341).
a. Contractor shall publish information on its website on how businesses, public
entities, and multi-family complexes can comply with the State law.
b. Contractor shall be responsible for providing AB 341 notifications upon approval of
the Director or his designee.
c. Contractor shall make print information about the law readily available to businesses,
public entities, and multi-family complexes. This information can be in the form of
newsletters, bill messages, bill inserts, letters, e-mail notifications, or special similar
methods of notification approved by the Director or his designee.
d. Contractor shall provide waste assessments upon request. During waste
assessments Contractor shall provide Customers with information and/or materials
(posters, bags, etc.).
e. Contractor shall regularly provide the County with the number of covered entities
known to participate in recycling services or not, the number of waste assessments
conducted and a summary of additional educational and outreach efforts undertaken.
This information will be provided on a quarterly basis (January, April, July, and
October).
f. At least once per year, Contractor shall provide non-compliant entities with written
notification of non-compliance and offer guidance about the actions necessary to
achieve compliance.
Exhibit E Page 6 of 7
Allied Waste Systems, Inc. July 2015
Section 4: RESOURCE RECOVERY AND DIVERSION
Contractor shall collect the following materials at no additional charge.
A. RECYCLABLE MATERIALS (EXCEPT ORGANICS)
In providing Basic Services, Contractor shall collect and Recycle the following materials
placed in residential recycling carts or commercial recycling bins/carts at no
additional charge:
1. Aluminum cans, clean foil & clean foil food
containers
2. Glass bottles, jars (all colors)
3. Plastic #1 -7 narrow-necked bottles
4. Steel/tin cans
5. Plastic Bags
6. Uncoated and uncontaminated paper
(newspaper, white paper, mixed
paper, colored paper, chipboard,
clean cardboard with no food or drink
contamination, phone books, paper
bags, junk mail, envelopes, clean
cardboard egg cartons, magazines,
paperback books, catalogs etc.)
Contractor shall collect the following items for residential recycling:
1. Used motor oil
2. Used oil filters
3. Household batteries (In sealed zip lock bags) – effective September 1, 2015*
4. CFL’s (In sealed zip lock bags) – effective September 1, 2015*
The above list may be modified from time to time by agreement of the County and
Contractor or pursuant to the provisions of Section 12.b and Section 17 of the Franchise
Agreement.
* Contractor shall prepare and distribute promotional outreach materials (subject to the
review and approval of the Director or his designee) to Customers, no later than
August 1, 2015, notifying them how to set out plastic bags, household batteries and
CFLs for Recycling collection, effective September 1, 2015.
B. ORGANIC RECYCLABLE MATERIALS (GREEN WASTE ONLY)
In providing Basic Services, Contractor shall collect and compost the following materials
placed in residential green waste carts at no additional charge:
Green Waste
1. Yard trimmings
2. Grass clippings
3. Leaves and flowers
4. Pine needles
5. Weeds
6. Christmas trees (cut/trimmed to fit in green
waste carts)
7. Untreated and unpainted wood (cut/trimmed
to fit in green waste carts)
Other Materials/Food Waste
8. Coffee filters
9. Cardboard and paper egg cartons
with food and drink contamination
10. Uncooked fruit and vegetables
11. Waxy cardboard
12. Waxed paper
The above list may be modified from time to time by agreement of the County and Contractor
or pursuant to the provisions of Section 12.b and Section 17 of the Franchise Agreement.
Exhibit E Page 7 of 7
Allied Waste Systems, Inc. July 2015
C. ORGANIC RECYCLABLE MATERIALS (GREEN WASTE/FOOD WASTE)
In providing Basic Services, Contractor shall collect and compost the following materials
placed in commercial organic waste bins/carts at no additional charge:
Green Waste
1. Yard trimmings
2. Grass clippings
3. Leaves and flowers
4. Pine needles
5. Weeds
6. Christmas trees (cut/trimmed to fit in green
waste carts)
7. Untreated and unpainted wood (cut/trimmed
to fit in green waste carts)
Other Materials/Food Waste
8. Coffee filters
9. Cardboard and paper egg cartons
with food and drink contamination
10. Uncooked fruit and vegetables
11. Waxy cardboard
12. Waxed paper
13. Food soiled paper*
14. Food waste*
The above list may be modified from time to time by agreement of the County and Contractor
or pursuant to the provisions of Section 12.b and Section 17 of the Franchise Agreement.
* Effective January 1, 2016, unless Contractor requests and the Director or his designee
authorizes a later start date. If a later start date is authorized, Contractor shall mail a
separate written notification to all commercial Customers, subject to Director or his
designee’s approval.
D. CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY
Contractor shall offer optional collection and Recycling debris box services for
recyclable construction and demolition debris to each Customer who requests
this service. Recyclable construction and demolition debris includes, but is not
necessarily limited to: glass, paper, cardboard, wood, concrete, plastic, ferrous
and non-ferrous metal, aluminum and any other materials that are feasibly
capable of being Recycled.
Contractor may charge for construction and demolition debris box services
providing Customer is made aware of and agrees to the charges in advance.
Maximum Rates subject to County approval do not include or apply to these debris
box services. Contractor shall include amounts collected for debris box services in
calculations of Gross Annual Revenue subject to the Franchise Fee specified in
Section 23 of this Agreement. Contractor shall account for debris box revenues
and costs in the rate application(s) submitted to the County.
G:\Conservation\David\Franchise Agreements\Allied - Republic Services\Final Amendment Docs\Exhibit E-Basic
Services_Final.docx
EXHIBIT F
ENHANCED SERVICES FROM RATE SETTING METHODOLOGY REVENUE
Dated: July 2015
Section 1: RATE SETTING METHODOLOGY REVENUE & CPI-ADJUSTMENTS
For the period of August 1, 2015 through December 31, 2015, Contractor shall pay the fees and
perform the services listed in this Exhibit F using Rate Setting Methodology Revenue (RSMR).
Remaining Rate Setting Methodology Revenue shall be applied to offset the cost of enhanced services
during the Base Year Rate setting process.
A. RATE SETTING METHODOLOGY REVENUE, CPI-ADJUSTED COMPENSATION AND
REVENUE REQUIREMENT
A1 Total Projected Revenue for 2012 (Base Year Review Report1) $ 2,657,764.00
A2 Total Base Year Revenue Requirement for 2012 $ 2,394,910.00
A3 Projected RSMR for 2012 (10.20% rate credit, ½ year)1 $ 131,427.00
A4 Total Projected Revenue for 2013 (Remains Unchanged) $ 2,657,764.00
A5 Resulting Revenue Requirement Increase for 2013
(2.80% Increase allowed by Interim Year Rate Process) $ 70,650.00
A6 Projected Revenue Requirement for 2013 $ 2,465,560.00
A7 Annual RSMR for 2013
(7.46% Credit, includes 5% Franchise Fees)1 $ 192,204.00
A8 Total Projected Revenue for 2014 (Remains Unchanged) $ 2,657,764.00
A9 Resulting Revenue Requirement Increase for 2014
(2.03% Increase allowed by Interim Year Rate Process) $ 52,763.00
A10 Projected Revenue Requirement for 2014 $ 2,518,323.00
A11 Annual RSMR for 2014
(5.41% Credit, includes 5% Franchise Fees) 1 $ 139,441.00
A12 Total Projected Revenue for 2015 (Remains Unchanged) $ 2,657,764.00
A13 Resulting Revenue Requirement Increase for 2015
(2.96% Increase allowed by Interim Year Rate Process) $ 78,572.00
A14 Projected Revenue Requirement for 2015 $ 2,596,895.00
A15 Annual RSMR for 2015
(2.36% Credit, includes 5% Franchise Fees) 1 $ 60,869.00
A16 Rate Setting Methodology Revenue for 2012‐2015
(A3+A7+A11+A15) $ 523,941.00
1 Based on collection revenues of $2,576,392 (2012 Base Year Rate Review Report).
Exhibit F Page 2 of 3
Allied Waste Systems, Inc. July 2015
Section 2: SERVICE AND REPORTING OBLIGATIONS
In accordance with Section 23 of the Agreement, effective August 1, 2015, the Franchise Fee is
increasing from 5% to 7%. For the period of August 1, 2015 through December 31, 2015, Contractor’s
uncompensated payment(s) of the incremental 2% Franchise Fee will be offset with Rate Setting
Methodology Revenue in the amount specified in Table 1 herein.
In accordance with Exhibit D, Exhibit E and Sections 17 – 20 of the Agreement, Contractor shall
provide new and expanded services to residential Customers, on-call services to the County, and
mandatory commercial Recycling and outreach. For the period of August 1, 2015 through December
31, 2015, Contractor’s uncompensated, allowable costs incurred for providing the new services will be
offset with Rate Setting Methodology Revenue in the amount specified in Table 1 herein.
Table 1 – Rate Setting Methodology Revenue Allocations for 2015
Discounted enhanced services to begin on September 1 unless noted otherwise below
2% Franchise Fee Increase - August 1 start date
(Agreement Section 23 & Exhibit E) $22,083.33
Commercial Mandatory Recycling
(Agreement Section 17 & Exhibit E) $46,844.33
Commercial Recycling Notice
(Agreement Section 17 & Exhibit E) $2,500.00
Compost Collected Green Waste
(Agreement Section 17 & Exhibit E) $647.05
Residential On-Call Bulky Collection Service
(Agreement Section 19 & Exhibit E) $1,666.67
Residential Household Batteries & CFL Collection
(Agreement Section 17 & Exhibit E) $4,000.00
Recycling Coordinator (20%)
(Agreement Section 17 & Exhibit E) $4,666.67
On-call Right-of-Way Debris Removal
(Agreement Section 18, Exhibit D) $3,333.33
Profit & Franchise Fees on Discounted Enhanced Services $2,858.33
Projected Cost Increase for Discounted Enhanced
Services in 2015 $88,599.72
Exhibit F Page 3 of 3
Allied Waste Systems, Inc. July 2015
Section 3: COLLECTION RATE ADJUSTMENTS FOR 2012 THROUGH 2016
Collection Rates have been stable and remain unchanged as a result of service efficiencies achieved by
the Contractor and identified as a result of the review of the 2012 Base Year Rate Application.
A. 2012 BASE YEAR COLLECTION RATE: Costs of the incremental Franchise Fee increase
and the new and expanded services described in Sections 2.A -2.G were not accounted for in
the projected costs included in the 2012 Base Year Rate Review. Contractor has not adjusted
the Collection Rate amount charged to County Area residential Customers since 2009 or
commercial Customers since 2010. The projected Rate Setting Methodology Revenue will be
treated as a credit available to help offset allowable costs for fees or enhanced services
governed under the County/Allied Franchise Agreement, which are not compensated through
existing rates or equivalent level of funding from an alternative source.
B. 2013-2015 INTERIM YEAR COLLECTION RATES: Contractor did not adjust the Collection
Rate amount charged to Residential Customers in 2013, 2014, or 2015 based on the
applicable annual allowed Interim Year CPI-change. Instead, these three annual adjustments
have offset a portion of the 10.20% reduction found warranted in the Base Year Rate Review
as shown below:
i. January 1, 2013: CPI increased 2.80% from August 2011 to August 2012, which served to
reduce the -10.20% to -7.46%. (see A6 of Section 1 for associated increase to Revenue
Requirement and see A7 for decrease in projected annual Rate Setting Methodology
Revenue)
ii. January 1, 2014: CPI increased 2.03% from August 2012 to August 2013, which served to
reduce the -7.46% to -5.41%.(see A10 of Section 1 for associated increase to Revenue
Requirement and see A11 for decrease in projected annual Rate Setting Methodology
Revenue)
iii. January 1, 2015: CPI increased 2.96% from August 2013 to August 2014, which served to
reduce the -5.41 % to -2.36%.(see A14 of Section 1 for associated increase to Revenue
Requirement and see A15 for decrease in projected annual Rate Setting Methodology
Revenue)
C. 2016 BASE YEAR COLLECTION RATE SETTING PROCESS: Contractor shall provide the
County with cost estimate details requested by the County during the 2016 Base Year Rate
setting process for enhanced services identified in Exhibit D and Exhibit E which go into effect
in 2016. The projected costs to provide the new and expanded services identified in Exhibit D
and Exhibit E shall be reflected in the Contractor’s Base Year Rate Application to be submitted
in mid-2015.
A rate reduction credit of 2.36% is available (see A16 of Section 1) to help offset the next rate
increase deemed warranted by the County. Additionally, the $435,341.28 of Rate Setting
Methodology Revenue remaining after deducting costs identified in Table 1 of Section 2 will be
used to offset projected future costs during the Base Year Rate setting process. Following
consultation with Contractor, County shall determine the manner in which the Rate Setting
Methodology Revenue will be applied to the rates to be charged in 2016 through 2019.
G:\Conservation\David\Franchise Agreements\Allied - Republic Services\Final Amendment Docs\Exhibit F_Rate Methodology
Revenue_Final.docx
Regional Residential Rate Comparison
(County Franchises as of July 2015, Remainder as of August 2013)
Jurisdiction 20-gallon 32-35 gallon 64-65 gallon 95-96 gallon
County/Allied Franchise - Central $12.15 $15.90 $23.70 $30.75
County/Garaventa Franchise - East $27.61 $34.46 $39.97 $47.55
County/RSS Franchise - West $25.50 $31.01 $59.42 $88.50
Antioch $22.47 $26.39 $42.61 $50.04
Clayton $22.91 $24.28 $35.60 $38.85
Concord - $26.40 $35.60 $43.60
Danville $21.18 $23.81 $40.89 $60.70
Lafayette $23.40 $26.74 $50.45 $75.68
Martinez $19.35 $27.74 $30.91 $64.95
Moraga $21.18 $24.46 $48.91 $73.37
Orinda $28.20 $32.52 $62.51 $93.50
Pleasant Hill $20.19 $23.26 $31.88 $47.81
Unincorporated County (CCCSWA) $18.98 $21.55 $41.04 $61.56
Walnut Creek $16.26 $19.29 $36.87 $55.32
Average
(County & Non-County Franchises) $21.49 $25.56 $41.45 $59.44
County/Allied - Percent Below
Average -43.30% -36.70% -43.00% -49.20%