HomeMy WebLinkAboutMINUTES - 02281995 - 2.4 TO: BOARD OF SUPERVISORS
FROM: VAL ALEXEEFF, DIRECTOR
GROWTH MANAGEMENT&ECONOMIC DEVELOPMENT AGENCY
DATE: FEBRUARY 28, 1995
SUBJECT: SOLID WASTE COLLECTION FRANCHISE ISSUES IN THE
UNINCORPORATED AREAS OF THE COUNTY
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
Report from Director, GMEDA, in response to Board direction on 2/14/95 on the following:
A. Consider Bay Point service areas and delineate service area boundaries between BFI
and Garavanta. (Oral presentation with display.)
B. Adopt Franchise. Agreements for BFI for the areas of Clyde, Pacheco, designated
portions of Bay Point, South East Concord, Alhambra Valley, Franklin Canyon,
Morgan Territory and related areas.
C. Adopt Franchise Agreements for Garavanta for the areas of Discovery Bay,
designated portions of Bay Point, North East Antioch, North Concord and related
areas.
D. Direct staff to proceed with further steps in developing and considering approval for
an RFP for soliciting garbage service for Rodeo and Mt. View Garbage service areas.
FINANCIAL IMPACT:
There is a potential for both an increase and a decrease in the County General Fund and/or
solid waste program funds. Unincorporated areas franchised by sanitary districts currently
have franchise fees; specifically, a 3% franchise fee is paid to the Central Contra Costa
Sanitary District for Pacheco and Clyde; a franchise fee is paid to Ironhouse and to Mt.
View Sanitary District. If these fees are maintained, an increase to either the County
General Fund or to solid waste program funds would be experienced. Reductions may occur
to revenue from the Keller Canyon Landfill resulting from alternative transfer and disposal
proposals. Some financial impact information is provided, additional information may be
needed depending upon course of action taken.
CONTINUED ON ATTACI-INTENT: `Yes SIGNATURE: V L
_RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMIT`ME
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ONF e b. 2 8a 19 9 5 APPROVED AS RECOMMENDEDx OTHER x
See Addendum for Board action and votes
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS(ABSENT ) ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ATTESTED -February 28 , 1995
ABSENT: ABSTAIN:
PHIL BA R,CLERK OF THE BOARD OF
SUP SOR CO MINISTRATOR
BY —,DEPUTY
VA nI
swfeb28.bo'
Contac Val Aloweff(646-1620)
CC: County Administrator
County Counsel
GMEDA Departments
Garavanta Enterprises
BET
BACKGROUND/REASONS FOR RECOMMENDATIONS:
On February 14, 1995, the Board requested GMEDA to prepare a map for Bay Point
indicating service areas to return with franchise agreements covering areas in East and
Central County, to prepare a draft RFP for the Rodeo and Mt. View areas and return this
information by February 28, 1995.
A. Service area boundaries for Bay Point will be presented in a display at the February
28th Board meeting. BFI has also requested a display be made for the Antioch area
which they may address.
B. A model Franchise Agreement with BFI that will cover the areas of Clyde, Pacheco,
designated portions of Bay Point, South East Concord, Morgan Territory and related
areas has been prepared and is attached. (Attachment A) The timing of County
franchise take-over may vary depending upon current contractual conditions and
MOU negotiations.
Summary of the agreement points and exhibits will be presented orally at the
meeting.
C. A model Franchise Agreements with Garavanta that will cover the areas of Discovery
Bay, designated portions of Bay Point, North East Antioch, North Concord and
related areas has been prepared and is attached. (Attachment A) The timing of
County franchise take-over may vary depending upon current contractual conditions
and MOU negotiations.
Summary of the agreement points and exhibits will be presented orally at the
meeting.
D. A draft RFD document is attached. It is modeled after the document prepared for
the Central County Solid Waste Authority. The current status of franchise
agreements is as follows:
According to Dave Guitterez, Mountain View Sanitary. District the
existing collection franchise agreement with Pleasant Hill Bayshore
Disposal was executed in 1986 for collection through 2011 with a
10-year option. Prior to that, an agreement was executed in 1985 for
collection through 2001.
According to Paula Foley, Rodeo Sanitary District the existing
collection franchise with Pleasant Hill Bayshore Disposal will expire on
October 30, 2001.
The Board does have the authority to change haulers when they take over the franchise, but
we do not have all of the details at this time.
ADDENDUM TO ITEM 2 . 4
FEBRUARY 28 , 1995
On this date, the Board of Supervisors had before it for
consideration a report from the Director, Growth Management and
Economic Development Agency, in response to Board direction on
February 14 , 1995, on the following: a) Consider Bay Point
Service areas and delineate service are boundaries between BFI
and Garavanta (Oral presentation with display) ; b) Adopt
Franchise Agreements for BFI for the areas of Clyde, Pacheco,
designated portions of Bay Point, South East Concord, Alhambra
Valley, Franklin Canyon, Morgan Territory and related areas; c)
Adopt Franchise Agreements for Garaventa for the areas of
Discovery Bay, designated portions of Bay Point, North East
Antioch, North Concord and related areas; and d) Direct staff to
proceed with further steps in developing and considering approval
for a RFP for soliciting garbage service for Rodeo and Mt . View
Garbage service areas .
Val Alexeeff, Director of the Growth Management and Economic
Developement Agency, presented his report on the above issues .
The following persons presented testimony:
David Levy, 2121 N. California #1010, Walnut Creek,
representing Mt . View Sanitary and Rodeo Sanitary Districts;
Ken Etherington, 441 N. Buchanan, Pacheco, representing BFI ;
Mark Armstrong, P.O. Box 218, Danville, representing
Garaventa Enterprises;
Richard Luchini, 912 Hawthorne Drive, Rodeo;
Frank Aiello, 1734 Bridgeview, Pittsburg, representing
Citizens United;
Dorothy Sakazaki, 737 Central Avenue, Martinez, representing
Mt . View Sanitary District;
Sil. Garaventa Jr. , Concord, representing Garaventa
Enterprises .
After further discussion, the Board took the following
action:
REFERRED to the Solid Waste Ad Hoc Committee for report in
30 days, the issue of the Rodeo and Mt . View Service areas to
consider alternatives to the RFP, and solicit input from the
Districts in preparing an RFP, and to address the concerns raised
by the Board including issues of indemnification and direction of
waste stream;
AYES : Supervisors Rogers, DeSaulnier and Bishop
NOES : Supervisors Torlakson and Smith
ABSENT: None
ABSTAIN: None
ADOPTED the franchise agreement for BFI as amended (See
attached transcript) ;
AYES : Supervisors Rogers, DeSaulnier and Torlakson
NOES : Supervisors Smith and Bishop
ABSENT: None
ABSTAIN: None
ADOPTED the franchise agreement for Garaventa as amended
(See attached transcript) .
AYES : Supervisors Rogers, DeSaulnier, Torlakson and Smith
NOES : Supervisor Bishop
ABSENT: None
ABSTAIN: None
Transcript of item 2.4 from February 28, 1995
Supervisor Bishop: Next item is 2.4, we have one that I think we can dispatch fairly quickly
before we get to solid waste and that is no we did do that so we are ready to go to solid waste.
We are on 2.4 where we have before us the Director of the GMEDA to consider some amended
franchise agreements and adopting new franchise agreements for various areas. Mr. Alexxeeff.
First of all could I ask you Mr. Alexeeff, has the Solid Waste Committee met since we last met
and gave direction to further refine what was going on in this area.
Val Alexeeff: Not to my knowledge. No. We haven't the Ad Hoc Solid Waste Committee has
not met.
Supervisor Bishop: Could you tell me who participated in the franchise agreements that we have
before us today?
Val Alexeeff: I'm sorry. Let me move. I can't see you.
Supervisor Bishop: Could you indicate who the participants were and the staff and Board
members and parties that participated in the right...
Val Alexeeff: The franchise agreement that you have before you has been around in its original
version for several years. It was the neuclus of that franchise agreement was the one that we
adopted with BFI and Garaventa back in the beginning of the 90's. What's happened since then
is we've had a lot of comments from both Garaventa and BFI regarding specific aspects of the
franchise agreement and we've tried to make changes to accommodate those issues and other
issues that have come up. We have met with no Board members that I'm aware of on this item.
Lillian Fujii and I met on this. She has also met with Louise Aiello on this item and I believe
Lillian and Vic and I had a conversation on it and that's the and then since then there have been
meetings with I know that Garaventa's attorney came in to ask some questions about the
franchise agreement and he submitted a letter based upon his conversation with Lillian and I
know of no other contact.
Supervisor Bishop: I think one of the questions I had last time was to get a break down of areas
that are being serviced and the subscribers or rate payers within that area, the households. Have
you got those numbers?
Val Alexeeff: Um actually that discussion came down to Baypoint and I have it for Baypoint.
Originally the issue started out for all franchise areas and when the discussion finally came to the
motion of the Board, there was only one area that was left in question at that time. If I can direct
you up to the maps there, I can show you about the area. The Baypoint area is the area here on
this particular map. The dark area shaded on the bottom is the City of Pittsburg which
encompasses the Baypoint area on several sides. The area in question as of the last Board
meeting were the area here which is known as the neutral zone and the area here which is known
as California Skyline. I contacted both parties and asked them to submit their client lists and map
information for me and based upon that information, I went lot by lot and colored in their
respective service customers and right now, for the Calfornia Skyline area there are 285 unit
unserved.because they are currently unoccupied, 17 units are served by BFI, 117 units are served
by Garaventa. On the neutral area...
Supervisor Bishop: Excuse me, could you hold for a minute. BFI serves 17 units and Garaventa
services 117.
Val Alexeeff: Yes.
Supervisor Bishop: And this.is in the neutral area?
Val Alexeeff: This is in what is known as the California Skyline. It's the K& B subdivision and
the percentages for that is 12 and a half percent versus 87 and a half percent.
Supervisor Bishop: But the unoccupied area is the neutral area?
Val Alexeeff: No. The unoccupied area are simply lots that have not had purchasers yet.
Supervisor Bishop: Within Skyline?
Val Alexeeff: Within Skyline. And so the unserved, there's still 285 units that do not have
garbage service because they don't have residents.
Supervisor Bishop: So, if we made a determination and the recommendation in here is that this
skyline area be included with Garaventa.
Val Alexeeff- Yes.
Supervisor Bishop: Okay so essentially, okay.
Val Alexeeff- So essentially what would happen as I understand the direction of the Board, the
17 units that are serviced by BFI would be given over to Garaventa and based upon the condition
that the Board passed, those customers would not pay rates higher than they paid for BFI,to BFI.
Supervisor Bishop: Okay, now this is being done by permit. Or this is by franchise?
Val Alexeeff: Well, it was by franchise with some specific Board direction.
Supervisor Bishop: But the current situation now, the agreement is by through Contra Costa,
Central Sanitary District for...
Supervisor Torlakson: Market competition basically. It's who...
Val Alexeeff: What happened is that they left these two areas for each of....I'm sorry excuse me
what happened in this particular area was the franchises were given to Garaventa for this area, to
BFI for this area and these two areas were unfranchised. They were left open for whatever
reason back four or five years ago. And so what's happened is both companies have approached
individual customers in their respective areas and this is the patchwork that has resulted. The
question that was put to the Board and in turn put to me is to come back with information about
who was servicing what so the Board can determine if and whether they want to assign the
franchises to an individual company.
Supervisor Bishop: Now the Redevelopment area, we said that BFI would end up franchising is
that area and the Redevelopment area there is no debate and there is nothing there now, so we're
giving them something that's not there. I mean we would be entering into a franchise agreement
for future development.
Val Alexeeff: Future development. Right.
Supervisor Bishop: Okay, and then the neutral area refresh my recollection is...
Val Alexeeff: The neutral area is this area right here and the neutral area has 86 units unserved
since this area has developed, the question about the unserved is either they're vacant houses or
they're people who do not have garbage service that should by ordinance and frankly, we
couldn't tell you what at this point.
Supervisor Bishop: And the recommendation in the Board order is that BFI service this area?
Val Alexeeff: No, the recommendation was that I come back with a map and we have BFI doing
186 and we have Garaventa doing 424 and the relationship between BFI and Garaventa is 30
percent BFI and 70 percent Garaventa in this particular area.
Supervisor Bishop: But that's counting on future development.
Val Alexeeff: No, that's current customers.
Supervisor Bishop: there are 424 okay...
Val Alexeeff: No, I'm sorry,this area's developed okay? This area, the neutral area's developed
okay.
Supervisor Bishop: And the neutral area is like Skyline is that they're all competing.
Val Alexeeff: That's right. They competed. It was neutral. Therefore, it wasn't franchised to
either one of them and you know, from the time, at the present time 424 customers are served by
Garaventa and 186 customers are served by BFI.
Supervisor Bishop: could you tell me in the Skyline area what is the rate, household rate for BFI
and what's the household rate I know we had a chart but I don't have that chart with me.
Val Alexeeff: Um I don't have that chart with me either. That's a good question. I can bring all
that information down. Um..it would be the same. And I hate to estimate. If you want to turn to
the franchise agreement which Lillian can talk about, I can get that information to you. I
apologize for not having everything I've got here.
Supervisor Smith: why don't you go through the rest of the ...
Supervisor Bishop: Sure, it's great.
Val Alexeeff: Okay, maybe I can go. I apologize. What happened is once we started working on
this map for Baypoint, we realized that we really didn't have a good mapping system and if
we're going to be the franchising agent at least from my background, the first thing that you have
is a good map, so what we endeavored to do is to put everything that is in the staff report on a
600 scale and attempt to define the boundaries so that we could be clear about what the area we
were talking about. Now, in the urbanized areas, the boundaries are fairly specific because the
area's unincorporated and it's usually surrounded by incorporated area so Pacheco for instance is
all of the unincorporated area between Pleasant Hill and Concord. Then in the rural areas it's a
little bit more open ended because of the fact that there isn't a lot of development and we just
basically follow roadways.and assume that that becomes the lineal corridor and the franchise area
is anything that branches off the corridor. That was the decision that we made. We consider this
work in progress because this is the first time we've put together maps on this and we're hoping
that the maps help force some of the other issues that come from individual service areas to the
forefront as quickly as possible so we can make whatever corrections and adjustments are
necessary in the course of administering the franchise for these areas.
Val Alexeeff. Okay, that's really what I have. I can go through the report and identify each of
these areas if you'd like.
Supervisor Bishop: I would appreciate that.
Val Alexeeff: Okay.
Supervisor Bishop: I don't know where the noise is coming from. I don't know if it's out in the
hall. The acoustics are I don't know. Are the acoustics better in here today. We've gotten a new
speaker system. And I'm looking out there. A lot of you have been here week after week. Is it
better out there? Is it no better.' It's worse. Great. Thanks for all the help.
Val Alexeeff: Well, the way that the staff report here is organized for you is that the first item of
course is to consider Baypoint Service area and delineate boundaries between BFI and Garaventa
which is what I've just done and I need to probably go up and get some more information for you
there. The second item was to adopt franchise agreements for BFI for areas of Clyde, Pacheco,
designated portions of Baypoint, southeast Concord, Alhambra Valley, Franklin Canyon,
Morgan Territory and related areas. There's some smaller areas there that we're not sure if they
should be included this time or not.
Supervisor Bishop: Let me ask you something on that one. Clyde Correct me if I'm wrong but
Clyde-Pacheco, Alhambra Valley, Franklin Canyon and Morgan Territory and Southeast
Concord are already franchised by BFI, is that not correct?
Val Alexeeff. Some are franchised, some are permitted and what we were doing I think the
direction I got from the Board last time was to include all these areas into a master franchise
agreement, so they would be abiding by the same.
Supervisor Bishop: They are currently being serviced by BFI then?
Val Alex.eef£ I'm sorry. Yes BFI is the hauler in those areas. There is some question that we
picked up since Garaventa and BFI came up to inspect these maps. Garaventa will indicate to
you at their opportunity to testify that the Concord-Clayton has some of their service in there as
well. And I'm just telling you that so that it doesn't come as a surprise to you when they say it.
But that occurred because we put the maps up.
Supervisor Bishop: Okay, so basically the recommendation is or actually we've got a map and
we are saying in those areas the motion as I understood it last week and the week before that, that
those that Garaventa currently has a substantial portion and we are saying all that goes to
garaventa.
Val Alexeeff: Well, item B identifies what BFI has. Item C identifies what Garaventa has and
then item D was another item that came up last time which was to bring back what would look
like an RFP for Rodeo and Mt. View. Okay?
Supervisor Bishop: Okay, you're going on C I take it.
Val Alexeeff: Well, yes. Item C or again reorganizing the franchise agreements for Discovery
Bay and then for the designated areas of Baypoint,North East Antioch,North Concord and
related areas. Similarly, BFI asked to indicate on the northeast Concord area, the
customers....I'm sorry thank you, northeast antioch service area, the customers they currently
have and that's indicated on the map over there and I presume that they're going to speak to that.
Supervisor Bishop: And then the ones that came up last week were rodeo and Mt. view and
currently, Mt. View is separately serviced by a separate ...
Val Alexeeff: Yes. What happens right now. BFI is the hauler for both areas and Mt. View is
handled by the Mt. View Sanitary District and representatives are here and Rodeo is handled by
the Rodeo Sanitary District and they have some comments to make about their role in the process
I believe.
Supervisor Bishop: Anyone else have any questions on this issue? Wonderful, then we will open
the public hearing. I do have some speaker cards and the first one I received was Frank Aiello.
He left. David Levy on 2.4 D which is the Rodeo and Mt. View Garbage area.
David Levy: I am the attorney. My name's David Levy. I'm the attorney for both Mt. View
Sanitary District and Rodeo Sanitary District and the issues are pretty much the same so, I'll
apply them to both in the interest of time and thank you for this opportunity and I might say that
it comes as a surprise to the district Boards and as you'll recall these are autonomous districts by
elected Boards, elected by the residents of the district and the two things they do are the sewer
treatment and the collection for sewers and the handling of solid waste which is the garbage
collection. ....
Supervisor Rogers: tracking down letters.....
Ken Etherington: Our position on this to leaave the franchises with Mt. view and rodeo as they
are both boards support the idea(BFI)
Mark Armstrong: representing Garaventa Enterprises.
Richard Lucini: President of rodeo sanitary district.
Frank Aiello:
Dorothy Sakazaki:
Sil Garaventa:
Supervisor Bishop: With that, we will close the public hearing and the matter is before the
Board. One of the things that I would ask before we consider B and C, I think a was sort of an
illucidation somewhat of delineating those areas in Baypoint. B and C I would like to take up
separately but D I think I would like to recommend and I will make it a motion that we refer
Rodeo and Mt. view Service areas to the Ad Hoc solid Waste Committee and that we come back
to the full Board within 30 days before we direct that an RFP be put out. I think that that is at
least extending a courtesy to those two districts. I think it will provide us an opportunity to
provide the documentation the backup documentation that some people feel comfortable has
been given to them and it will also provide us an opportunity to sit down with those people
because I think that that is important. And I will share with you I also think when we talk about
an RFP, I recognize that we have existing agreements and permits in some areas. I would like
frankly to take the whole thing and put it out for an RFP but I think we have to work with the
people in the respective areas and whoever that may be. As far as Alamo is concerned, I know
Supervisor smith made some reference to alamo, had I spoken to the people of roundhill. As a
matter of fact I :have spoken to the people of alamo and aia has looked at this issue and they were
supportive of the RFP process. The one thing they were not supportive of was the I think the
prevailing wage aspect of the RFP but they have had input. But I would make a motion and
would hope that I get a second in consideration of the testimony that we've heard today from
people who are on the Boards of those districts to at least extend for 30 days before we decide to
act on the D section.
Supervisor DeSaulnier: Second.
Supervisor Bishop: All those in favor of that motion,....
Supervisor torlakson: I'd like to have some discussion on it and also find out what the
Supervvisor from the district would like to say as well. But it's clear that there are
communication issues just a comment that I observed that there are communication issues but we
have attempted to communicate with the districts in the past and it may not have been adequate,
it may not have been as personal or may have been discontinued by different staff members
coming and going but you know some additional communication is always helpful but I think
any kind of further look at this needs to address the kinds of issues that Supervisor Smith has
raised related to the wastestream, the related to the issue of indemnification of our County
General Fund or the rate payers in those districts if the fine should fall on their shoulders that
they wouldn't be subject to paying those fines and a third issue that has been brought up today
that I'd like our own County Counsel to address, that needs to be looked at somewhere in this
process is how does the franchise, whether it's for Baypoint or these areas, reflect an
indemnification against a adverse legal finding against Keller for land devaluation and if it
doesn't, I think that's something that should be included. Frank Aiello brought that up. It was
an understanding I had as we went through the Keller Canyon Landfill approval process that if
because we had Puente Hills in LA County that had about a forty/fifty million dollar valuation
judgement against it that such a risk BFI took in approving Keller next to the homes in Pittsburg
that they would bear the brunt of that and not pass it on to rate payers and I just want to make it
real clear,that these franchisers should reflect such protection against the rate payers from having
cost passed on to them by the Sanitary Districts or the future Boards of Supervisors or whatever.
And so that was an issue that I thought was one but I'd like to also listen to Jeff's comments on
this as well.
Supervisor Bishop: Right, I would like to hear them as well, but I would like to respond to one
thing you said that Supervisor smith raised the issues of indemnification and direction of the
wastestream. I believe that I raised those issues as well Supervisor Torlakson. Yes, Supervisor
Smith.
Supervisor smith: Well, I think this is really the wrong way to go. I certainly can see some
option for the County to work with the Districts in the future but this is one unique opportunity in
the history of all of garbage in contra costa county. We've given five year notice. We have the
opportunity to come in with a completely new revised up-dated franchise agreement that
addresses all of the issues. It doesn't have to be renegotiated. It doesn't have to be sat down and
spent months to talk about. It's a master agreement that we have and we have the ability to enter
into that with Pleasant Hill Bayshore or to do an RFP or an RFQ process or to have a situation
where we delegate part of the responsibility for administering that franchise to the sanitary
districts but I think it would be a real mistake for the Board who has the legal duty and authority
over the franchising authority in the unincorporated areas and also will have the financial
responsibility of assuring that that's done appropriately to delegate that without any information
before you other than somebody saying that we'd prefer to do it. You don't have any indemnity.
You don't have any control of the wastestream. You don't have any ability to assure that this is
the lowest price available for the long period of time and I think it would really be a mistake to
do that and again, I'll echo my comments. You know this has really been a very frustrating
subject to deal with. I t makes absolutely no sense to me to say that in one area of the County
where we have the ability to take over franchises from a sanitary district that an RFP process is
critical and to go the JPA and celebrate the fact that that's the first time ever in this county
there's been an RFP process for solid waste and to say that this is a landmark event and then for
the rest of the County to somehow say no we don't need to do that. Well,that's just absurd and I
won't be supporting this motion. I hope that it will fail and I'll make a substitute motion that
indicates we should declare clearly our intent to take over the franchising authority and work
with Mt. View and Rodeo to jointly administer under some separate MOU and make sure that
there is adequate assurance that these are the lowest rates possible, so...I'll be opposed.
Supervisor Bishop: the analogy I would like to make between what is going on here and what
went on with the JPA. In the JPA Central San actually before ceeding that we did have the
authority to franchise in certain areas actually participated in the preparation of the RFP.
Supervisor smith: Arguably without the authority to do so because we have the exclusive
authority to franchise after 1996.
Supervisor Bishop: What I am suggesting is that we provide Mt. View and Rodeo at least with
the opportunity of being able to look at the RFP, go over the RFP and see if there are things on
there with respect to servicing aspects,that we talk to them about this just as we talked to Central
San and did you have a comment?
Supervisor Rogers: I just wanted to ask Supervisor Smith. As I understand your argument that it
isn't a good idea to keep these two districts in this business any more but the question I have is
why is it a problem for us to have staff come back and either have an RFP and a proposal from
these districts or if they don't want to make a proposal,then they don't have to and we go
forward with the RFP. I don't really see what we lose by being open to getting a proposal from
them and an explanation of how they think they can come up with something that satisfies the
concerns that we have. I'm not sure that they can do it. I'm very nervous about the loss of
control and possible AB 939 problems myself but I don't see any harm in them being able to
come back to us with that proposal.
Supervisor Smith: Well, I would just suggest that we've got a year to get something done here.
You know the franchises, we don't take control until 1996 and if we're going to actually do
something responsible, it seems to me we need to start with that and we need to make it clear
from the outset that the authority to franchise the exclusive authority to franchise solid waste and
recycling in these areas is the County's authority. Now, I'm completely in agreement if we want
to do that franchising and then somehow make a memorandum of understanding with the
franchise with the sanitary districts to administer part of it or to deal with part of it but it needs to
be clear it's our authority, it's our franchise with the hauler and we also need to be clear through
some process, maybe not a complete RFP, maybe an RFQ, maybe just a comparison of bids but
some process needs to be done to assure we're getting the lowest rate possible for those
communities otherwise I think we're just you know shooting in the dark and I represent those
areas. I'm very confident that those people want to be assured that they're getting the lowest
rates possible. I'm very confident that they read the newspaper that they're concerned about the
high rates at Keller that have existed for the last three years. They're very concerned about
whether they're; actually going to get a lowering of their rates commensurate with what their
needs are. I think there needs to be some assurance given to them that thats true and that's the
lowest possible rate. I'm not saying that we can't cooperate with the sanitary districts. I am
saying we need.to be clear it's our exclusive right.
Supervisor Rogers: So, you have no objection to our staff talking with them and developing a
proposal to corrie back as long as it starts out with the assumption that they agree this is an area
that we have the right to franchise as of 1996. Am I understanding you correctly.
Supervisor smith: I would think so. I think our staff should develop the proposal and go to them.
And that should be the approach.
Supervisor Rogers: Well, I would like to ask the maker of the motion then if it would be
acceptable to include the understanding that Jeff just mentioned which is that this would be based
on the assumption that we will be franchising in 1996 or that we will have the right to do that.
We may choose;to have them involved in administering but is that acceptable to the maker of the
motion.
Supervisor Bishop: I believe I was the maker of the motion. I think 30 days will give us the
opportunity to sort out what the issues are and I think frankly, we could come back in 30 days
and it may well be what I'm hearing the two primary concerns I have expressed today are
indemnification and direction of the waste stream as far as an amendment, I haven't even seen
the memorandum of understanding. I'm not sure how close that follows the RFP and I think
Dorothy brought up a good point, different areas and this is a small distinct area. They have
service agreements that are very specific to that area and it may be that the RFP that was used by
the Central County JPA is maybe not that appropriate for that area and maybe it is. I'm not sure.
I frankly have riot had a chance to review. I've reviewed the Central County JPA, so I guess I
have reviewed it. But I think we're talking about a small sanitary district that has different
patterns of recycling, that has different patterns, if we address those two issues of
indemnification and direction of waste stream and whatever else comes up in the solid waste ad
hoc committee. I'm saying bring it back in 30 days. That gives us an opportunity to
communicate with the people who are directly affected.
Supervisor smith: Can I offer a substitute motion.
Supervisor DeSaulnier: I'd like to act on the original motion as the seconder of that and I'd just
like to have a comment since I've sat along with most of the people in the audience painfully for
the last two and a half hours. I think we owe a courtsey to communicate with the districts. That's
all I'm looking at. I don't think it's a comparison with the Joint Powers Agreement that actually
Supervisor smith some of you may be shocked to hear this but he's actually using better
language this week than he did two weeks ago when he referred to some of us as dumb apes. So,
he's actually calming down and being one of those dumb apes, I would like to say that it's just
common courtsey to try to communicate a little bit further and that's all we're asking for but I
hope that when the ad hoc committee comes back we either have one recommendation or we
have a split recommendation so we don't have to go through another hour and a half of
ttestimony.
Supervisor Smith: What's the motion? Can I ask.
Supervisor Torlakson: I think that would be helpful to clarify. Because talking with Mark, I
think I agree with what Jim said and I think Mark made too that we shouldn't give any ground on
where our current policy is as Jeff is saying but we're saying let's talk to the districts and get
some feedback, so if Jim's clarification is something that's included in the motion, it may meet
the test and whether it's 30 days or two weeks may be another issue whether 30 days is too long
of a time, I would defer to Jeff and the district to see whether that would work.
Supervisor Bishop: then lets go ahead and vote on the motion. I think the motion was very clear.
It was that we Jeanne restated motion.....that looks at alternatives of the RFP and solicits input
from those two districts in preparing an RFP or if otherwise those concerns that have been raised
by this Board can be addressed. Those concerns that is of indemnification, of direction of waste
stream or other issues that may arise in the ad hoc solid waste with the intent of communicating
and getting input from those districts. All those in favor of the motion
Torlakson and rogers clarified notification issue.
Supervisor Bishop: It is not part of the motion and let me tell you why because I'm not going to
sit here in 1995 and try to go back and read in what the intent of the Board was in 1991. I think
if we want to express an intent today that we are going to exercise exclusive franchising authority
over that area, I don't want to make that a part of the motion.
Supervisor smith: Well, I could support the motion if that was a part of the motion.
Supervisor Bishop: Well, it's not Supervisor smith. All those in favor of the motion signify by
saying aye. Those opposed. Carries 3-2/
Supervisor Torlakson: I'd move item a on the agenda and exclude the BFI Garaventa area related
to the Antioch so that that could go through a further process, the industrial area just so that we
could have a report back on the tonnage or volume of business but A related to the Baypoint
recommendations, I'd move approval.
Supervisor smith: Second.
Supervisor Bishop: A is to consider. It is not something that is specific Supervisor Torlakson. I
think B and C you're going to have to be specific with B and C.
Supervisor Torlakson: A and C interrelate and I would move the item related to C which is just
restating the motion I just made that the northeast antioch area would be put aaside for further
discussion with. staff and a report brought back as soon as possible.
Supervisor smith: Could
Supervisor torlakson: and I will come back to B as it relates to Baypoint. And the other areas of
dispute because;I think there's a similar issue there that was brought up related to Clayton and
Concord that should be set aside so that area the area of service could be defined more precisely
by the service information that both companies could provide.
Supervisor Rogers: Does that including the modification we had suggested modifications from
County Counsel, having to do with the rate question and we also had some from Garaventa.
Supervisor Torlakson: It includes that, including the suggestions by the Garaventas related to the
letter they have of February 27th which I'll submitt to the Clerk, those items plus the additional
language related to definition of the family enterprise nature of the business.
Supervisor Smith: and the other stuff by vic about administrative services and franchise fees.. .
Supervisor Bishop: I will not be supporting the motion as I said we just received the letter today,
this morning. There are still some issues outstanding as far as fair and equitable and Frank
Aiello said we aren't fair and equitable to garbage companies, we're fair and equitable to people.
Well,they are corporate persons or whether or not they're a publicly held corporaation or a
privately held corporation, they are persons and I think we do have to be fair and equitable and it
is clear to me that in both B and C that we aren't being fair and equitable and I think Supervisor
smith it just sort of caught up with me. He talked about political patronage and political
patronagte has nothing to do with this. It has all to do with what is fair and equitable and I don't
think this process has been that. I think we're looking at the lowest possible rates. I think we are
taking
in one area in Baypoint the lowest rate is $16.75. And we have the potential at least Garaventa
of getting down that far but that's not where we're starting from. We're starting with they have a
higher rate and they are unwilling to lower that higher rate to a lower rate for the total area so we
aren't getting the lowest possible rate for the rate payer. So, I won't be supporting either B or C.
All those in favor of the motion. We're talking about C right now.
Supervisor Torlakson: C and to clarify your comments Madam Chair clouded the issue in one
regard. This allows us an opportunity existing franchise to change the franchise to get more
power and control by the County and it allows us to implement a$2 rate decrease which has been
promised to be followed by another $2 rate decrease which will equalize rates basically in that
area and so I think it does a great service to the customers in that area the majority of whom
we've seen by the maps are now at a higher rate and will not be able to enjoy a lower rate as a
consequence.
Supervisor Bishop: All those in favor of the motion, signify by saying aye. Opposed no.
Supervisor Bishop. Carries 4-1.
Supervisor Torlakson: And then item B, the reason I didn't batch them together, I did have the
question to staff whether this franchise agreement for BFI includes indemnification against any
Keller verdicts contrary to Keller's operation being passed on to the BFI customer. Since I don't
know what the corporate interrelationship is between bank accounts or structures between the
hauler,the transfer station and the landfill but does the franchise agreement includes that
indemnification against adverse verdicts at Keller landfill on valuation studies or any other legal
costs.
Vic: Well, specifically it does not. County not responsible.
Torlakson: Legal questions.
Vic: response.
Supervsor Torlakson: I think we should clarify that those areas that we franchise with BFI on
will not be subject to a rate pass through of any adverse verdicts legally and you're saying it
doesn't look like that's a problem or any policy decision we make, if there is a five or a ten
million dollar valuation cost that the study that Sonoma State did against Keller, BFI in previous
testimony have come to us and said they really shouldn't absorb that corporately, we shou Id pass
it on in some way to the rate payers. I'm saying that these rate payers in these franchises I don't
believe we shold allow that those pass throughs of any kind of cost if they should materialize
should be allowed. We should prohibit that somehow in the franchise or some other legal
document. Is there another way to prohibit that being passed through. I guess would we be able
to control that under this franchise from being passed through.
Vic responded.
Supervisor Torl.akson: clarified no way rate payers bearing any cost. That satisfies me that there
is not going to be a pass through. I'm moving b minus the clayton Concord area.
Board discussion.
Supervisor DeSaulnier: Second.
Smith and Bishop voted no.
ATTACHMENT A
DRAFT
FRANCHISE AGREEMENT
FOR BFI
AND GARAVANTA
FRANCHISE AREAS
i
MODEL FRANCHISE AGREEMENT
TABLE OF CONTENTS
1. EFFECTIVE DATE, PARTIES. . . . . . . . . . . . . . . . . 1
2 . DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . 1
a. Agreement. . . . . . . . . . . . . . . . . . . . . 1
b. Act. . . . . . . . . . . . . . . . . . . . . . . . 1
C. Board. . . . . . . . . . . . . . . . . . . . . . . 1
d. Commercial Solid Waste. . . . . . . . . . 1
e. Contractor. . . . . . . . . . . . . . . . . . . . . 1
f. County. . . . . . . . . . . . . . . . . . . . . . . 1
g. Customers . . . . . . . . . . . . . . . . . . . . . 1
h. Designated Waste. . . . . . . . . . . . . . . . 1
i . Franchise Area. . . . . . . . . . . . . . . . . . . . 1
j . Hazardous Waste. . . . . . . . . . . . . . . . . . 2
k. Industrial Waste. . . . . . . . . 2
1 . Infectious Waste. . . . . . . . . . 2
M. Recycle or Recycling. . . . . . . . . . . . . . . 2
n. Residential Solid Waste. . . . . . . . . . . . . . 2
0. Septage. . . . . . . . . . . . . . . . . . . . . . 3
p. Solid Waste. . . . . . . . . . . . . . . . . . . . 3
q. Waste Stream. . . . . . . . . . . . . . . . . . . . 3
3 . TERM. . . . . . . . . . . . . . . . . . . . . . . . . . 3
4 . INTENT TO REGULATE ALL RECYCLING AND RESIDENTIAL AND
SOLID WASTE COLLECTION, REMOVAL AND/OR DISPOSAL. . . . . 3
5 . EXCLUSIVE PRIVILEGE AND DUTY. . . . . . . . . . . . . . 3
6 . EXCEPTIONS TO EXCLUSIVE PRIVILEGE. . . . . . . . . . . . 4
7 . CONTRACTOR' S DUTY TO MAINTAIN RECORDS; COUNTY'S
RIGHT TO EXAMINE RECORDS. . . . . . . . . . . . . . . . 4
8 . RATES. . . . . . . . . . . . . . . . . . . . . . . . . . 5
9 . RATE APPLICATIONS. . . . . . . . . . . . . . . . . . . . 6
10. OPERATION BY CONTRACTOR. . . . . . . . . . . 7
11. LIMITATION ON TIME AND MANNER OF COLLECTION. . . . . . 7
12 . CUSTOMER. SATISFACTION, AB 939 AND EFFICIENCIES IN
OPERATION. . . . . . . . . . . . . . . . . . . . . . . . 7
1-3 . CUSTOMER SERVICE STANDARDS. . . . . . . . . . . . . . . 9
February 23, 1995 i
14 . LOCAL ADVISORY BOARD. . . . . . . . . . . . . . . . 9
15 . CUSTOMER COMPLAINTS. . . . . . . . . . . . . . . . 9
16 . BILLING. . . . . . . . . . . . . . . . . . . . . . . . . 10
17 . RECYCLING. . . . . . . . . . . . . . . . . . . . . . . . 10
18 . FREE SERVICE FOR COUNTY. . . . . . . . . . . . . . . . . 11
19 . FRANCHISE AREA-WIDE COLLECTION. . . . . . . . . . . . . 11
20. PARTICIPATION IN COMMUNITY CLEAN-UP PROJECTS. . . . 11
21 . DISPOSAL AND WASTE STREAM CONTROL. . . . . . . . . . . . 11
22 . MISCELLANEOUS OBLIGATIONS OF CONTRACTOR. . . . . . . . . 12
23 . ADMINISTRATIVE SERVICES BY COUNTY. . . . . . . . . . . . 12
24 . HAZARDOUS WASTE. . . . . . . . . . . . . . . . . . . . . 12
25. PRELIMINARY DISPUTE RESOLUTION. . . . . . . . . . . . . 13
26 . FAITHFUI, PERFORMANCE BOND. . . . . . . . . . . . . . . . 13
27 . INSURANCE. . . . . . . . . . . . . . . . . . . . . . . 13
28 . INDEMNIFICATION. . . . . . . . . . . . . . . . . . . . . 14
i
29 .- ATTORNEY' S FEES. . . . . . . . . . . . . . . . . . 15
30 . ASSIGNABILITY. . . . . . . . . . . . . . . . . . . . . . 15
31 . INVOLUNTARY ASSIGNMENT. . . . . . . . . . . . . . . . . 16
32 . NOTICE PROVISIONS. . . . . . . . . . . . . . . . . . . . 16
33 . ANNEXATION AND CHANGE OF FRANCHISE AREA BOUNDARIES. . 16
34 . AFFILIATED ENTITIES. . . . . . . . . . . . . . . . . . . 17
35. BREACH AND TERMINATION. . . . . . . . . . . . . . . . . 17
36 . EMERGENCY. . . . . . . . . . . . . . . . . . . . . . . 19
37 . COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS. . . . . . 19
38 . AMENDMENT OR MODIFICATION. . . . . . . . . . . . . . . . 19
39 . POLICE POWERS. . . . . . . . . . . . " . . . . . . . . . . 19
February 23, 1995 ii
_ .ry.•:iLS[it:::....1_�1Si;1:t�.�t:•,.. --__ _ tom. _ �.`.�_
40. CONTEST OF AGREEMENT'S TERMS. . . . . . . . . . . . . . 20
41. SEVERABILITY. . . . . . . . . . . . . . . . . . . . . . 20
42 . WAIVER. . . . . . . . . . . . . . . . . . . . . . . . . 20
43. SURVIVAL OF OBLIGATIONS. . . . . . . . . . . . . . . . . 20
44 . NEW AGREEMENT. . . . . . . . . . . . . . . . . . . . . . 20
45 . ENTIRE AGREEMENT. . . . . . . . . . . . . . . . . . . . 21
46 . OPERATIVE DATE.. o 21
February 23, 1995 iii
FRANCHISE AGREEMENT
1 . EFFECTIVE DATE, PARTIES. This Agreement, effective on
is by and between the County and the below named
Contractor.
2 . DEFINITIONS. As used herein, the following terms shall
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, S 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 sources, excluding residences and
industrial wastes . (14 Cal.Code Regs. , § 17225. 12 . )
e. Contractor. Contractor means
and 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 of materials
for recycling and/or for the collection, removal, or disposal of
Solid Waste, pursuant to this Agreement and applicable ordinances
of County, including mandatory subscription ordinances .
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.
i . Franchise Area. Franchise Area means the
geographic area generally described in Exhibit A to this
Agreement, which Exhibit is attached hereto and incorporated
herein by reference, and illustrated in the six hundred (600) -
scale maps to be maintained and available for inspection at the
Community Development Department. Exhibit A and said six hundred
February 23, 1995 1
600)- scale maps 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.
j . 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 given 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 . )
k. Industrial Waste. Industrial Waste includes all
types of Solid Waste which result from industrial processes and
manufacturing operations. ( 14 Cal.Code Regs. , S 17225.35. )
1. 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 (4) of the California Administrative Code, Title 17 .
( 14 Cal.Code Regs . , S 17225. 36 . )
M. Recycle or Recycling. Recycle or Recycling means
the process of collecting, sorting, cleaning, treating and
reconstituting materials and recovering them so that they may be
used in the form of raw material for new, reused, or
reconstituted products.
n. Residential Solid Waste. Residential Solid Waste
means Solid Waste routinely originating from single-family or
February 23, 1995 -2
,i
r
I
multiple family dwellings . Residential Solid Waste includes
household hazardous waste, but does not include septage.
o. Septage. Septage means non-sewered liquid or
semi-liquid waste which may be trucked to treatment facilities
for disposal, to include, but not be limited to, waste from
residential. septic tanks, commercial grease clean-outs, and
industrial waste holding facilities.
p. 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 putreseible .and,
nonputrescible solid, semisolid, and liquid wastes, including
garbage, trash, refuse, paper, rubbish, ashes, demolition and
construction wastes, abandoned vehicles and parts thereof,
discarded home and industrial appliances, dewatered, -treated, or
chemically fixed sewage sludge which is not hazardous waste,
manure, vegetable or animal solid and semisolid wastes and other
discarded solid and semisolid wastes. "Solid Waste" does not
include infectious, designated, and hazardous waste, except
household hazardous waste.
q., Waste Stream. Waste Stream means the Solid Waste
to be collected under this Agreement from the time of its
collection by the Contractor to its disposal at a landfill or, at
County's discretion, delivery to a transfer facility or other
facility by Contractor.
3. TERM. Subject to Section 33 (Annexation and Change of
Franchise Area Boundaries) and Section 35 (Breach and
Termination) , the term of this Agreement and the exclusive
franchise granted hereunder shall be 20 years, commencing on the
effective date first mentioned in section 1 of this Agreement.
.4. INTENT TO REGULATE ALL RECYCLING AND RESIDENTIAL AND
SOLID WASTE COLLECTION, REMOVAL AND/OR DISPOSAL. The parties
hereto agree that County currently has jurisdiction to regulate
the collection, removal and disposal of all Solid Waste, and the
recycling of all material, in the Franchise Area. The intent of
this Agreement is to regulate Solid Waste handling service and
recycling of material in the Franchise Area.
5 . EXCLUSIVE PRIVILEGE AND DUTY. To the extent allowed by
law, County hereby grants to Contractor the exclusive privilege
and duty to collect and remove for disposal and recycling, all
residential and commercial Solid Waste, including recyclable
materials, within the Franchise Area and to charge and receive
charges therefor, pursuant to and subject to the terms of this
Agreement. Contractor promises and agrees to perform the
responsibilities and duties set forth herein.
February 23, 1995 3
The Franchise Area may be expanded or reduced in size by
mutual agreement of the parties, or as provided in Section 33
(Annexation and Change of Franchise Area Boundaries) of this
Agreement.
6 . EXCEPTIONS TO EXCLUSIVE PRIVILEGE. The exclusive
privilege granted by this Agreement shall not apply if:
(a) A person or entity generates Solid Waste,
including recyclable materials, and personally collects, removes
and disposes or recycles such in a clean and sanitary manner in
conformance with all applicable laws and regulations, including
mandatory subscription ordinances. This exception shall not
apply to a person who incurs a net cost of collection to a third
person in the above described activities; or
(b) A person or entity contracts with a third person
for the removal and disposal or recycling of inorganic refuse or
garden waste (a "Non-Franchised Contractor") and such removal and
disposal or recycling is solely incidental to work such as
remodeling_ or gardening occasionally performed by or for the
customer. This exception shall not apply if the Non-Franchised
Contractor incurs a net cost of collection to any third person in
connection with its collection and/or disposal of said Solid
Waste.
7. CONTRACTOR'S DUTY TO MAINTAIN RECORDS; COUNTY'S
RIGHT TO EXAMINE RECORDS. Contractor shall maintain a proper set
of books and records in accordance with generally accepted
accounting principles, accurately reflecting the business done by
itunderthis Agreement.
Contractor shall further maintain and make available to
County, upon its request, records as to number of Customers,
total and by type, route maps, service records and other
-materials and operating statistics in such manner and with such
detail as County may require. County shall treat the information
required by this paragraph that affects the competitive position
of the company as confidential information to the extent
permitted by law.
County may at any time during the term of this Agreement,
have the books and records of the Contractor examined by a County
Agent or Agents appointed for that purpose by the County. County
shall give thirty ( 30) days ' written notice to the Contractor of
such examination date. County expenses incurred under this
section shall be paid by Contractor subject to their recovery
through the rates allowed by the County hereunder.
The information required by this section shall pertain to
Contractor' s operations covered and regulated by this Agreement,
and nothing contained herein shall require the Contractor to
February 23, 1995 4
provide the County with information pertaining to the
Contractor's operations which are not regulated by the County,
except in conformance with this section.
County's Agents may examine Contractor' s books, records and
financial statements pertaining to operations not regulated by
the County as may be reasonably required for the sole purpose of
gathering information necessary to allow the Agents to ascertain
whether income, expenses, assets and liabilities are reasonably
and consistently allocated among operations regulated by County
and those not regulated by the County. Contractor shall obtain
County's written approval of its method of segregating its
financial records between County-regulated and non-County
regulated operations. County shall not unreasonably withhold
such approval.
To the extent allowed by law, information gained from
examination of records pertaining to operations not regulated by
the County shall be treated by County and its agents as
confidential information.
For the review of books and other financial records
necessary to verify the Contractor's income, expenses, assets and
liabilities, "County Agent" shall mean County employees or an
independent Certified Public Accountant or public accountancy
firm. For all other information or records, including the
results of financial verification, "County Agent" shall mean any
consultant designated by. the County or County employees .
Nothing in this section will prevent County from allowing
public access to County records as provided for under the
California Government Code, and in the event any dispute arises
as to the public access to information provided by Contractor
under the terms of this Agreement, the County shall in its
discretion provide public access to said information according to
law_or tender the defense of any claims made against the County
concerning said information to Contractor. Prior to releasing
any information pursuant to this paragraph, County shall make a
good faith effort to notify Contractor of the intended release.
8. RATES. Rates shall be fixed by the County from time
to time. 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
designated as "pass-through" or "subject to reasonable profit" as
determined by the County during the rate review process. Rates
fixed by County shall be maximum rates which Contractor may
charge the Customers . Nothing in this Agreement precludes
Contractor from charging rates less than the maximum rates fixed
by the County. Pending a rate review by the County, the maximum
rates chargeable shall be those rates charged on the effective
date of this Agreement.
February 23, 1995 5
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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.
All costs associated with County review and processing of
rate applications shall be paid by Contractor and shall be
allowedas a pass-through cost in the rate application process .
Contractor will offer a mini-can program at reduced rates as
directed by the County following consultation with Contractor.
9 . RATE APPLICATIONS. Rate applications shall be prepared
in accordance with such forms and in such detail as required by
the County. The application shall include one reproducible hard
copy, 15 hard copies bound in an appropriate manner and one copy
on disk formatted pursuant to County specifications.
Contractor shall submit its first rate application as
directed by the County. All rate applications shall include
! information from the previous rate change to the present, or such
other period of time as is selected by the County. Every three
years, a rate application shall be accompanied by an audited
financial statement covering the entire period since the last
audited rate application together with supporting documentation
as required to segregate its County regulated activities from
other business activities .
The County Administrator may, in writing, allow the rate
application to be submitted without an audited financial
statement provided the County Administrator is satisfied that the
level of verifiable detail allows for adequate assessment of the
Contractor's income, expenses, assets and liabilities .
Rate changes may be initiated by County at any time or by
Contractor- under the conditions allowed in this section. In
either case, Contractor shall prepare a rate application in
accordance with the requirements of this section.
If the rate change is initiated by County, the Contractor
shall submit its rate application to County within 60 days of
County's notice to Contractor.
If the rate change is initiated by Contractor, it shall be
submitted no more than once a year under normal operating
conditions . The date of Contractor initiated applications shall
be standard, year by year; such date to be determined upon mutual
agreement of the parties and reasonably related to the fiscal
year of Contractor.
February 23, 1995 6
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In the event that the rate change that would be requested by
Contractor is no more than the change in the Consumer Price Index
for All Urban Consumers for the San Francisco Bay Area for that
fiscal. year of Contractor, Contractor may increase its rate up to
such amount and not request a rate change from the County.
Contractor may defer a rate application pursuant to this
paragraph for a maximum of two consecutive years.
In the event that Contractor must make significant changes
in its operations or experiences significant changes in costs of
revenue not under its control, Contractor may submit a rate
application. Contractor shall provide documentation for the need
for such rate application relative to those changes;,, The
application will thereafter be considered by the Board.
10. OPERATION BY CONTRACTOR. Contractor shall furnish all
necessary equipment (excluding containers for single-family
residential wastes)- for services provided pursuant to this
Agreement in the Franchise Area and shall maintain such equipment
in a sanitary condition at all times. Contractor shall furnish
all necessary labor in connection with the operation of a Solid
Waste collection system in the Franchise Area.
The Contractor, in performance hereof, shall use trucks with
covered, water-tight truck bodies constructed of sufficient
strength to withstand a fire within, without endangering adjacent
property. Trucks, drop boxes, bins, or similar types of
equipment shall be kept clean and in good repair. Contractor
shall have its name and telephone number on the side of each
truck and on each drop box, bin or similar type equipment
provided by Contractor.
11 . LIMITATION ON TIME AND MANNER OF COLLECTION.
Contractor shall systematically collect Solid Waste, and to the
extent permitted by this Agreement, materials for recycling from
i-ts Customers . Frequency, place of pickup (e.g. , curbside,
backyard, etc. ) oranyother manner of collection shall be
subject to the review and approval of the Director of Community
Development. Upon commencement of service and upon changes in
collection day -schedules, Contractor shall provide each customer
with notice of the scheduled collection day. Contractor shall
not collect Solid Waste from an inhabited dwelling or dwelling
unit between the hours of 7 :00 p.m. and 4 : 00 a.m. , except that if
a dwelling unit is part of a collection route that predominately
serves commercial accounts, collection may begin as early as
3:00 a.m.
12 . CUSTOMER SATISFACTION, AB 939 AND EFFICIENCIES IN
OPERATION,. (a) From time to time, at its discretion, County may
examine Contractor' s operation in order to evaluate whether the
Contractor is operating at a satisfactory level of efficiency and
customer satisfaction. Contractor agrees to cooperate in any
February 23, 1995 7
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such examination and shall permit County representatives to
inspect, at. Contractor' s principal place of business, such
information pertaining to Contractor's obligations hereunder as
County may require, including, but not limited to, such things as
customer inquiry records, collection routes and equipment
records. Access to Contractor's records shall be subject to
Paragraph 8 (Contractor's Duty to Maintain Records; County's
Right to Examine Records) .
(b) Notwithstanding any contrary provision- in this
Agreement, the County shall have the right to direct Contractor
to compile information, develop plans for and/or conduct programs
on, alternative methods of Solid Waste and recyclable -material
collection and management, or to take any other action requested
by the County for the purpose of meeting the source reduction,
recycling and composting requirements of the Act, and any other
applicable federal, state or local laws regarding Solid Waste
collection„ recycling and disposal, including, without
limitation„ the County's Materials Diversion Ordinance.
Contractor agrees to indemnify and hold the County harmless
from and against any and all liability to the State of California
for the County's noncompliance with the requirements of the
California Integrated Waste Management Act due in whole or
material part to the material failure of Contractor to properly
carry out the reasonable directives of the County to Contractor
regarding collection and disposition of Solid Waste and
recyclable material; provided, however, that Contractor shall not
be obligated to carry out any such directive (and shall not
indemnify nor hold the County harmless from any resulting
liability) if the County fails to agree to allow Contractor its
reasonable costs (including a reasonable profit) associated with
carrying out such directives.
(c) County may require Contractor to develop plans for and
conduct programs on alternative methods of Solid Waste
collection, including pilot programs of limited scope, or may
require additional programs, for the purpose of improving
service, increasing customer satisfaction, and meeting diversion
requirements. County may also require Contractor to implement
efficiencies in its operation upon written notice from County.
The notice shall allow Contractor a reasonable period of time to
implement the specified service (efficiency) . Should County
require commencement of such a program as outlined in this
paragraph, Contractor agrees not only to do those things
specified herein, but also to act at the direction of the County
on other matters that may be necessary for the success and
efficiency of the project, such as public information and
notification. In the event that County elects to direct
Contractor to discontinue any service theretofore performed by
Contractor at the direction of County hereunder, County shall
allow Contractor to recover its reasonable capital equipment
February 23, 1995 8
costs and other reasonable costs arising upon termination of the
service. Rate adjustments applicable solely to programs
instituted pursuant to this subsection (c) initially shall be
established at the time the County authorizes implementation of
the program or efficiency.
13. CUSTOMER SERVICE STANDARDS. Contractor shall provide
prompt, efficient, continuous and professional service to its
Customers. Contractor shall have a phone system with sufficient
capacity to promptly respond to telephone calls for at least 8
hours a day during weekdays, excluding: those holidays observed by
Contractor. Telephone numbers for customer service shall be
-located in the local telephone directory. All: telephone.,lines
for customer service shall be toll free to Customers.
Not less than once every three years and not less than six
months prior to an application for contract renewal, -assignment
or extension of term, Contractor shall conduct a representative
survey or :surveys of Customers within the Franchise Area to
determine :satisfaction with service, including, without
limitation, response to customer complaints. The survey
methodology, formatand content shall be subject to the prior
review and approval of the Director of Community Development. A
copy of the survey results shall be sent to the County within
sixty (60) days of completion of the survey. Nothing in this
paragraph shall limit the right of the County to conduct
additional surveys . The Contractor shall cooperate with the
County in such cases.
Upon 'initiation of service, and at least once a year,
Contractor shall send or deliver to Customers information
concerning the conditions of service, including, but not limited
to, rates, fees, charges, service options, payment options,
discounts (if any) , days of collections, the amount and manner of
refuse to be collected, service level and inquiry/complaint
procedures, including the name, address and local telephone
number of Contractor and the name, address and telephone number
of the County Community Development Department. The form and
content shall. be subject to the review and approval of the
Director of Community Development.
14 . LOCAL ADVISORY BOARD. The Board of Supervisors may
designate an existing committee to represent the Franchise Area,
or form an advisory body to advise the Board on the performance
of the Contractor in the community, local service interests and
needs, and rate applications. In all cases, the Committee shall
hold its meetings at a time and place convenient to the public.
The Committee shall keep a record of all public comments and
submit such comments when reporting to the Board.
15 . CUSTOMER COMPLAINTS. Contractor shall develop and
implement policy and procedure for responding to and recording
February 23, 1995 9
customer complaints, including dispute resolution. The policy
and procedure shall be subject to the approval of the Director of
Community Development.
16 . BILLING. The form and content of customer bills shall
be subject to the review and approval of the Director of
Community Development.
Bills for services may be monthly, bimonthly or quarterly as
determined by County. Contractor may bill its customer in
advance or in arrears. The County may establish billing period
options for. Customers upon a finding that such options are cost-
effective and meet a community need.
Full payment for drop boxes may be required by Contractor
prior to delivery of the drop box to the customer.
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 customers of all rate changes at least 30 days prior to
their effective date. A copy or facsimile of such notice shall
be provided to County at the time of customer notification.
17 . RECYCLING. County grants to Contractor the right and
obligation to operate recycling programs, including curbside
pickup of recyclable materials, as determined and designated by
County, subject to County' s right to terminate this grant to
Contractor pursuant to the provisions of this section.
Contractor has instituted and is implementing a recycling
program including regular curbside pickup at all single family
residences of at least aluminum, tin, newsprint, glass bottles,
non-colored HDPE and PET. This program is currently operating to
the satisfaction of County; however, County has the right at
anytime to modify said program or require new programs as
provided at Section 12 (b) hereof.
Contractor shall maintain and provide to the County records
relating to its recycling programs as directed by the Director of
Community Development.
Contractor' s provision of recycling service shall be
reviewed within three (3) years of the effective date of this
Agreement and, at County' s discretion, every five years
thereafter. If County determines that continuation of such
service by Contractor is not consistent with the County' s
February 23, 1995 10
I
ratepayers best interest, but not as a result of Contractor' s
failure to satisfactorily provide recycling services, Contractor
shall be allowed to recoup its unamortized capital expenditures
as follows„ Contractor shall make a good faith effort to sell
all disposable assets acquired in furtherance of the program for
their fair market value. If income derived from the sale is
insufficient to cover the unamortized costs of such assets,
Contractor may transfer those losses together with net operations
profits or losses to its general account and submit a rate
application to cover such losses.
If County determines that Contractor has failed to
satisfactorily provide aDd perform recycling services, County- may,
terminate this grant to Contractor of the right and-obligation to
provide and operate recycling programs, at no cost or further
obligation on the part of County or County's ratepayers .
18. FREE SERVICE FOR COUNTY. Contractor shall provide
Solid Waste collection and disposal services at those County
buildings designated by the Director of Community Development
from time -to time, at no charge to the County.
19 . :FRANCHISE AREA-WIDE COLLECTION. In addition to its
regular collections, Contractor shall provide two annual
collections for each region in the Franchise Area as determined
by the Community Development Director. Said collections shall be
made each year throughout the term of this Agreement in
accordance with practices and procedures established by
Contractor and subject to the approval of the Community
Development Director.
20. PARTICIPATION IN COMMUNITY CLEAN-UP PROJECTS.
Contractor shall provide, upon direction of the Community
Development Director, Solid Waste drop boxes or equivalent
containers for community or other clean-up projects within the
Franchise Area. The Contractor's obligation shall be limited to
the equivalent of ten ( 10) 20-cubic yard drop boxes per year, per
region in the Franchise Area.
21. DISPOSAL AND WASTE STREAM CONTROL. Contractor shall be
solely responsible for the disposal of the Solid Waste collected
pursuant to this Agreement. County has complete authority and
control over the Franchise Area waste stream. County may, at its
sole discretion upon providing 60 days ' notice to Contractor,
direct the Solid Waste collected under this Agreement to be
delivered to any site or facility of its choosing. This shall
include the right of the County to direct the Solid Waste to be
delivered to any County designated transfer station, disposal
site, transformation facility and/or resource recovery facility.
It is understood that County may contract with any party, public
or private, to commit the waste stream from the Franchise area,
and that Contractor' s contracts may not bind County, nor need
February 23, 1995 11
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County consider such other contracts for any purpose.
Notwithstanding the above, Contractor may propose, and
County may but need not consider, waste management and/or
disposition alternatives which are cost effective. In
determining or comparing costs, County shall consider all
relevant factors, including but not limited to, transportation
costs, closure and postclosure requirements, costs and
liabilities, disposal fees, fees levied by governmental entities,
including benefits to Contractor's customers from paying such
fees, costs of compliance with ordinances and other local
requirements, and long-term costs, including degree of control
over; future costs.
22 . MISCELLANEOUS OBLIGATIONS OF CONTRACTOR. Contractor
shall assist County in its enforcement of its mandatory
subscription ordinance by providing County with the addresses of
properties not subscribing to collection service within the
Franchise Area and by providing collection service to such
properties upon written request by the County.
23. iADMINISTRATIVE SERVICES BY COUNTY. Contractor shall
pay to the County for the services provided by the County in
administering this Contract and for services and programs
pertaining to Solid Waste, a percentage of its gross annual
revenues generated from the performance of such waste collection
services under this Agreement. Such percentage, time and
frequency of payment shall be established by County from time to
time. Said sums shall be payable from the Contractor to the
County upon the inclusion of the administrative service charge in
the allowed rate and upon the collection of said rate by the
Contractor.
24 . HAZARDOUS WASTE. The parties hereto recognize that
federal, state and local agencies with responsibility for
defining hazardous waste and for regulating the collection,
handling or disposing of such substances are continually
providing new definitions, tests and regulations concerning these
substances. Under this Agreement, it is Contractor' s
responsibility to keep current with the regulations and tests on
such substances and to identify such substances and to comply
with all federal, state and local regulations concerning such
substances .
Contractor agrees to provide to County upon its request,
Contractor' s program for identifying hazardous waste and
complying with all federal, state and local statutes and
regulations dealing with hazardous waste.
Contractor shall make every reasonable effort to prohibit
the collection and the disposal of hazardous waste in any manner
inconsistent with applicable law.
February 23, 1995 12
25 . PRELIMINARY DISPUTE RESOLUTION. If Contractor has a
question as to the interpretation of this Agreement, it shall
submit a written request to the Director of Community Development
for a determination of the issue. The Contractor shall provide
and submit such information as the Director of Community
Development may request or require to make the requested
determination. The written determination of the Director of
Community Development may be appealed to the Board of Supervisors
pursuant to Ordinance Code Chapter 14-4 .
26 . FAITHFUL PERFORMANCE BOND. Contractor shall submit to
County simultaneously with the execution of this Agreement a
corporate surety bond in the amount of $10,000. 09,, provided_.
however, that the Board may increase this amount not more often
than every three years to reflect changes in the Consumer Price
Index for All Urban Consumers for the San Francisco Bay Area.
The bond shall be executed by a surety company licensed to do
business in the State of California and acceptable to County.
The bond shall be approved by County and shall be payable to
County. The condition of the bond shall be that Contractor will
faithfully perform the duties imposed by ordinance, this
Agreement and the rules and regulations of County. Any action by
County to proceed against the Bond shall not limit or affect the
right of County to use other remedies available to County under
the Agreement., or in courts of law or equity. Notwithstanding
the foregoing, in lieu of the corporate surety bond, Contractor
may provide to County a letter of credit, cash bond or other
security acceptable to the County Administrator's Office in a
form satisfactory to the County.
27 . INSURANCE. Contractor shall procure and maintain in
full force and effect at all times during the entire term of this
Agreement the following insurance coverage:
(a) Public liability and property damage insurance
including completed operations, products, contractual, broad form
property damage, personal injury and owned and non-owned
automobile liability with such coverages and limits as may be
reasonably requested by County from time to time, but in no event
with limits not less than the sum of $1 million combined single
limit for each occurrence arising from the services as stated in
the Agreement herein. County shall be named as an additional
insured under such liability insurance policy or policies, if
commercially available.
(b) Contractor shall carry workers ' compensation
insurance for all its employees .
Evidence of liability and workers ' compensation insurance
shall be provided by Contractor by filing with County a
certificate of insurance indicating that County is endorsed as an
additional named insured under the liability policy. All
February 23, 1995 13
policies shall include a provision that written notice of
cancellation or any material change in coverage shall be
delivered to County thirty (30) days in advance of the effective
date thereof. No cancellation, alteration or change of
beneficiary shall be made without written notice to County.
County reserves the right to examine all policies from time
to time to ensure appropriate conformity to prevailing practices
and standards of the insurance industry.
Such insurance shall be obtained from a company or companies
licensed to do business in the State of California and acceptable
to County. Failure of Contractor to maintain insurance in the
manner and amount stated herein and as directed by County
Administrator, subject to the approval of the Board, will
constitute a material breach of this Agreement.
28. INDEMNIFICATION. a. Complete Indemnification of
County. All work and performance covered by this Agreement shall
be at the risk of Contractor.
Contractor agrees to save, indemnify and keep harmless the
County, its officers, employees, agents and assigns against any
and all liability, claims, judgments, or demands, including
demands arising from injuries or deaths of persons and damage to
property, including environmental damage, arising directly or
indirectly out of the obligations herein undertaken. or out of the
operations conducted by Contractor, save and except claims or
litigation arising through the sole negligence or willful
misconduct of County, and will make good to and reimburse County
for any expenditures, including reasonable attorney's fees, that
County may make by reason of such matters and, if requested by
County shall. defend any such suit at the sole cost and expense of
Contractor.
-._The above promise by Contractor to indemnify, hold harmless
and defend the County expressly includes, but is not limited to,
all claims, damages (including by not limited to special and
consequential damages) , natural resources damages, punitive
damages, injuries, costs, response, remediation and removal
costs, losses, demands, debts, liens, liabilities, causes of
action, suits, legal administrative proceedings, interest, fines,
charges, penalties and expenses (including but not limited to
attorneys and expert witness fees and costs incurred in
connection with defending against any of the foregoing or in
enforcing this indemnity) of any kind whatsoever paid, incurred
or suffered by, or asserted against, County, its officers,
employees or agents arising from or attributable to any repair,
cleanup or detoxification, or preparation and implementation of
any removal., remedial, response, closure or other plan
(regardless or whether undertaken due to governmental action)
concerning any hazardous substances or hazardous waste at any
February 23, 1995 _ 14
place where municipal solid waste is or has been transported,
transferred, processed, stored, disposed of or otherwise come to
be located by Contractor under Agreement, or the activities of
Contractor pursuant to this Agreement resulting in a release of
hazardous substances or waste into the environment. The
foregoing is intended to operate, in part, as an agreement
pursuant to Section 107(e) of the Comprehensive Environmental
Response, Compensation and Liability Act, "CERCLA", 42 U.S.C.
Section 9607(e) , and California Health and Safety Code section
26364, to defend, protect, hold harmless and indemnify County.
The intent of the section is to provide County with the highest
level of protection possible under existing and future laws .
b. Defense of Agreement. Should any party successfully
challenge the validity of this Agreement, the procedure by which
this Agreement was entered into or the validity of any County
ordinance which authorizes the County to enter into this
Agreement, then in such case the Contractor shall have no cause
of action for damages or any other relief against County as a
result of such successful challenge.
Contractor has the right to defend this Agreement and
County. County has no duty to Contractor to defend the validity
of this Agreement or any provision hereof.
29 . ATTORNEY'S FEES. In the event of litigation between
the parties arising hereunder, each party shall be responsible
for and pay its own litigation expenses, including attorney' s
fees .
30. ASSIGNABILITY. Contractor shall not sell, assign,
subcontract or transfer this Agreement or any part hereof, or any
obligation hereunder, without the written consent of County.
The term assignment shall include any dissolution, merger,
consolidation or other reorganization of Contractor, which
results in change of control of Contractor.
In the event Contractor herein attempts to assign or
subcontract this Agreement or any part hereof or any obligation
hereunder, County shall have the right to elect to terminate this
Agreement forthwith, without suit or other proceeding.
Consent to assignment may not be unreasonably withheld.
However, it is understood that County's grant of this franchise
to Contractor is partly persuaded by the Contractor' s financial
strength and background in the field of waste management;
therefore, assuming Contractor maintains it ability to faithfully
carry out its duties hereunder, it is in the County's ratepayers '
best interest for Contractor to continue under this Agreement.
Following a public hearing, County may assign or transfer
February 23, 1995 15
any or all of its rights under this Agreement without the consent
of Contractor to any legally authorized public entity.
31. INVOLUNTARY ASSIGNMENT. No interest of Contractor in
this Agreement shall be assignable by operation of law. Each or
any of the following acts shall be considered an involuntary
assignment providing County with the right to elect to terminate
the Agreement forthwith, without suit or other proceeding:
( 1) If Contractor is or becomes insolvent, or makes an
assignment for the benefit of creditors;
(2) If Writ of Attachment or Execution is levied. on
this Agreement or other property of Contractor such that would
affect Contractor's ability to perform its duties and obligations
under this Agreement.
(3) If in any proceeding to which Contractor is a
party, a Receiver is appointed with authority to take possession
of Contractor's property such that would affect Contractor's
ability to perform its duties and obligations under this
Agreement.
(4) Except as otherwise provided in Section 31
(Assignability) , in the event of a probate proceeding where the
rights of Contractor under the Agreement would pass to another
individual or other individuals .
32 . NOTICE PROVISIONS. Any notice required or permitted
under this Agreement shall be in writing and shall be deemed to
i - have been given if delivered personally or ten ( 10) days. after
posted by certified mail, return receipt requested, addressed as
appropriate either to Contractor:
Or to County:
Attention: Director of Community Development
651 Pine Street, 4th Floor North Wing
Martinez, California 94553
33 . ANNEXATION AND CHANGE OF FRANCHISE AREA BOUNDARIES.
Contractor shall give notice to County by January 30 of the next
calendar year of any geographic area in the Franchise Area or
immediately contiguous to the Franchise Area, in which Contractor
has commenced service within the preceding year, notwithstanding
February 23, 1995 16
whether Contractor deems that area to be regulated or
unregulated.
Contractor realizes that the public agency boundaries may be
altered by virtue of actions taken by the Contra Costa County
Local Agency Formation Commission (LAFCO) . Contractor agrees
that should a municipal corporation lawfully annex territory
which is within the Franchise Area, County may make such
alterations to the Franchise Area as the annexation necessitates .
Should the Franchise Area boundaries be amended, Contractor
agrees that it will abide by any change resulting from the
Franchise Area change. Contractor agrees that the Board of
Supervisors may make such alterations to the Franchise Area as. _
are necessitated by such Local Agency Formation Commission
actions and shall have no right or claim to damages or other
relief against the County for such alterations to the Franchise
Area. However, nothing herein is intended to abrogate
Contractor's rights under Public Resources Code Section 49520 or
any successor or similar statute.
34 . AFFILIATED ENTITIES. Contractor shall provide
information necessary to reasonably satisfy County that the
charges made by any Affiliated Entity are reasonable in
accordance with the provisions of Section 8 (Contractor's Duty to
Maintain Records; County' s Right to Examine Records) .
Information gained from examination of books and records
pertaining to operations not regulated by the County shall be
treated by the, County and its agents as confidential information.
"Affiliated Entity" shall be defined, for purposes of this
section, as any entity which provides products or services to
Contractor and in which either Contractor or the affiliated
entity owns a ten percent ( 10%) or greater interest in the other,
or where one person or entity owns ten percent ( 10%) or greater
interest in both. For purposes of this section, the term
"Contractor" shall include Contractor, and if Contractor is an
individual or a group of individuals (partnership) , all immediate
family members, or if a corporation, major shareholders, and if
any major shareholder is an individual, said individuals '
immediate family members. For the purpose of this paragraph,
"immediate family" includes spouses and relatives of the first
degree of sanguinity, and their spouses .
35 . BREACH AND TERMINATION. The Director of Community
Development shall have authority, subject to review by the Board
of Supervisors upon appeal, to determine whether a breach of any
provision of this Agreement by Contractor has occurred. Any
waiver of a breach shall not be deemed to be a waiver of any
subsequent breach or to be construed as approval of a course of
conduct. In the event that the Director determines that a breach
has occurred, County shall give Contractor written notice of the
breach setting forth the breach or default. Contractor shall
February 23, 1995 17
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have a reasonable period to cure the noticed breach, said breach
not to exceed 60 days. In the event the breach or default is
cured to the satisfaction of the Director of Community
Development within the period of time allotted, the breach shall
not be deemed a material breach. In the event that the Director
of Community :Development determines that Contractor has failed to
satisfactorily cure the breach or default within the period of
time allotted, the Director of Community Development may
determine such breach or default to be material.
Multiple or repeated breaches, or a pattern of breaches and
subsequent attempts to cure said breaches by Contractor shall
provide an adequate basis for the Director of Community
Development, in his discretion, to declare any subsequent breach
'to be material, notwithstanding whether that breach is ultimately
cured by Contractor.
If such a determination of material breach is made, the
Director of Community Development's determination shall be
automatically appealed to the Board of Supervisors for final
action.
A material breach shall be cause for termination of this
Agreement by the Board of Supervisors.
In the event of a termination pursuant to this section,
County shall have the right to temporarily assume the obligations
of Contractor and shall have the right to forthwith take
possession of all trucks and other equipment of Contractor and
exercise Contractor's right to enter and use any disposal
facilities for the purpose of performing the services agreed to
be performed by Contractor herein until such time as County can
make other arrangements for the performance of said services .
However, such temporary assumption of Contractor's obligations
under the Agreement shall not be continued by County for a period
exceeding twelve ( 12) months from the date such operations are
undertaken by County.
During any period in which County has temporarily assumed
the obligations of Contractor under this Agreement, County shall
be entitled to the gross revenue attributable to operations
during such period and shall pay therefrom only those costs and
expenses applicable or allocable to said period, including the
reasonable rental value of the trucks and equipment to be paid to
Contractor. County shall be entitled to the excess, if any, of
revenue over applicable or allocable costs and expenses during
such period.. The loss, if any, during such period shall be a
charge against Contractor, and shall be paid to County by
Contractor on demand. Final adjustment and allocation of gross
revenue, costs, and expenses to the period during which County
temporarily assumed the obligations of Contractor shall be
determined by an audit by a Certified Public Accountant and
February 23, 1995 18
prepared in report form with his unqualified opinion annexed
thereto.
Nothing in this Agreement shall prevent County during any
period in which County temporarily assumes the obligations of
Contractor under this Agreement, from employing persons who were
employed by the Contractor for the collection of Solid Waste
under this Agreement.
Upon the occurrence of a material breach and the declaration
of such and termination of this Agreement by the Board of
Supervisors, this Agreement and the franchise granted thereunder
shall be of no further force and effect, expecting these
provisions concerning County's right to temporarily assume
Contractor's obligations and to use Contractor's facilities, and
Section 28 ( Indemnification) . County then shall be free to enter
into whatever other arrangements are deemed justified and
necessary for the collection, removal and disposal of Solid Waste
within the Franchise Area.
36 . EMERGENCY. Notwithstanding Contractor's exclusive
franchise rights set forth in Paragraph 5 (Exclusive Privilege
and Duty) , in the event of an emergency due to natural disaster
or labor strike which interrupts the collection of Solid Waste by
Contractor, the Board of Supervisors shall have the right to
declare a temporary suspension of this Agreement for the
reasonable duration of the emergency and until such time as
County determines that Contractor is able to reassume all
obligations under this Agreement. Should Contractor fail to
demonstrate to the satisfaction of the Board of Supervisors that
required services can be resumed by Contractor prior to the
expiration of a six (6) month period, this Agreement may be
terminated at the direction of the Board.
37 . COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS.
Contractor shall be responsible for and shall comply with all
applicable laws, rules and regulations that are now in effect or
may be promulgated or amended from time to time by the Government
of the United States, the State of California, the County and any
other agency now authorized or which may be authorized in the
future to regulate the services to be performed herein regarding
the collection, removal and disposal of Solid Waste and recycling
of material . This includes County Ordinance Code Chapter 418-6
(on mandatory subscription to Solid Waste collection service) ,
and the County' s Materials Diversion Ordinance.
38 . AMENDMENT OR MODIFICATION. This Agreement may be
amended or modified upon written agreement of the parties hereto.
The parties agree to meet and confer in good faith if amendments
or modifications are proposed.
39 . POLICE POWERS . Nothing in this Agreement is intended
February 23, 1995 19
to or may limit County authority pursuant to its police power.
40 . CONTEST OF AGREEMENT'S TERMS. In the event either
party to this Agreement attempts to challenge the validity of any
portion of this Agreement, such action in attempting to challenge
the Agreement shall constitute a material breach of this
Agreement and the non-breaching party shall have the right to
elect to terminate this Agreement forthwith without suit or other
proceeding.
This section shall not be construed to prevent either party
from seeking redress from the courts for the purpose of legal
review of administrative proceedings regarding rate setting or
County actions taken pursuant to this Agreement, or for the
purpose of interpreting or enforcing the provisions contained in
this Agreement.
41 . SEVERABILITY. In the event legal action is brought by
a person or Entity, other than the parties to this Agreement, to
challenge, invalidate, contest or set aside any of the provisions
of this Agreement, each and every term and condition, and each
and every section and paragraph is severable from the remaining
terms, conditions, sections, and paragraphs. The invalidation of
any term, condition, section or paragraph as a result of a legal
action, brought by a person or entity not a party to this
Agreement shall not affect the validity or enforceability of the
remaining provisions . However, if material provisions hereof are
affected, the parties agree to negotiated in good faith to reach
agreement on revisions which preserve the substance hereof to the
greatest extent allowed by law.
42 . WAIVER. The waiver by either party of any breach or
violation of any provisions of this Agreement shall not be deemed
to be waiver of any breach or violation of any other provision
nor of any :subsequent breach or violation of the same or any
other provision. The acceptance of any monies which become due
hereunder shall not be deemed to be a waiver of any pre-existing
or concurrent breach or violation by the other party of any
provision of this Agreement.
43 . SURVIVAL OF OBLIGATIONS. Obligations of this Agreement
which embody continuing obligations, including but not limited to
Section 28 ( Indemnification) shall survive the termination or
expiration of this Agreement.
44 . NEW AGREEMENT. Upon the effective date of this
Agreement, all other Agreements between the parties for the
provision of solid waste and/or recycling services within the
Franchise Area are superseded except that all continuing
obligations under said superseded agreements shall continue in
full force and effect for the periods covered by said superseded
agreements .
February 23, 1995 20
45 . ENTIRE AGREEMENT. This Agreement represents the full
and entire agreement between the parties hereto with respect to
the matters covered herein.
46 . OPERATIVE DATE. This Agreement becomes operative on
August 5, 1996 or on such earlier date as the parties may agree.
COUNTY OF CONTRA COSTA CONTRACTOR
CHAIR, BOARD OF SUPERVISORS [Title]
ATTEST, Phil Batchelor,
Clerk of the Board [Title]
and County Administrator
By: Taxpayer I .D. Number
DEPUTY
LTF
17a:\frn223 .95
February 23, 1995 _ 21
ATTACHMENT B
DR-AFT
REQUEST FOR PROPOSALS
FOR
SOLID WASTE SERVICES
DRAFT CCC RFP
'P
SECTION I - INTRODUCTION
A. PURPOSE
Contra Costa County(CCC)is requesting proposals from qualified companies to provide:
o :Refuse Collection
o :Refuse Transfer and Disposal
o :Recycling Collection, Processing and Marketing
o Green Waste Collection, Processing and Marketing
The request is divided into 2 zones. Zone 1 consists of Rodeo and Zone 2 consists of
Mountain View.
The term of the agreement is for years with an option for month extensions.
B. BACKGROUND
CCC received the right to franchise.
C. SCOPE OF SERVICES REQUESTED
CCC has divided its overall service area into two separate zones to enable collection
companies to achieve economies of scale and allow for the opportunity of having more
than one company provide the requested services. CCC is requesting separate proposals
by zone for the following services: refuse collection; refuse transfer and disposal;
recycling collection, processing and marketing; and green waste collection, processing
and marketing. The CCC is also soliciting consolidated proposals to provide services to
both zones.
The CCC is requesting proposals for any of the following:
o All services by zone
o Any combination of services by zone
o Individual services by zone
o All services for both zones
o Any combination of services for both zones
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DRAFT CCC RIT '
• Individual services for both zones
CCC reserves the right to award one agreement to one company for all of the requested
services in both zones, or to award separate agreements for each services or combination
of services to a number of companies.
CCC will be the franchising agency and be .responsible for contract administration
including setting rates. Rates will be jurisdiction based. The Draft Franchise
Agreement, which is provided as Attachment 1 to this proposal, describes how costs will
be allocated across the jurisdictions.
The following sections briefly describe the services that are being procured by CCC.
1. Solid Waste Service A - Refuse Collection
• Automated, mandatory, weekly, residential refuse collection with 32-
gallon containers as the standard size, including a method to service hard
to serve areas, senior citizens and handicapped individuals;
• On-call bulky waste collection;
• One (1) to three (3) annual clean-ups;
• Bin service (includes multi-family, commercial and industrial refuse
collection);
• Debris box service (includes commercial and industrial collection); and
• Service to City, Town, District and County facilities, and special events
(jurisdictions will pay for services).
2. Solid Waste Service B - Refuse Transfer, Processing and Disposal
• Refuse transfer and transport to disposal site; and
• Refuse disposal.
3. Solid Waste Service C - Recycling Collection, Processing and Marketing
• Weekly, mandatory pay, residential curbside recyclable materials
collection;
• Commercial and multi-family recyclable materials collection;
• Recyclable materials processing and marketing; and
• Service to City, District and County facilities (jurisdictions will pay for
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DRAFT CCC RFP
services) w t.
4. Solid Waste'Service D - Green Waste Collection, Processing and Marketing
• Weekly, mandatory pay, residential curbside green waste collection with
64-gallon containers as the standard size, and recyclables collection on the
same day as refuse collection;
• Green waste processing and marketing;
• Christmas tree recycling;
• Commercial and multi-family green waste recycling; and
• Service to City, District and County facilities (jurisdictions will pay for
services).
D. PROPOSAL PROCESS
Written questions will be accepted before the Mandatory Pre-Proposal Bidders
Conference on , and written responses will be provided at the Conference. Oral
questions will be accepted at the Conference and written responses will be provided
thereafter. Written questions will be accepted until 5:00 p.m. on . The CCC has
requested that all communications regarding this Request for Proposals be conducted
through The contact person there is who can be reached at
_ and by facsimile at
In order to fairly evaluate all proposals, the CCC has attempted to describe the types of
services and business terms and conditions in a manner that will allow a reasonable level
of comparability between the proposals. Therefore, the CCC discourages and may
disqualify proposals that substantially deviate from the RFP. Proposals received after
the submission deadline of will not be accepted.
Companies will be selected on the basis of the CCC's evaluation of the qualifications and
reputation of-the firm, the technical and financial proposals, and the number and nature
of exceptions taken to the Draft Franchise Agreement which is provided as Attachment
1 to the RFP. Upon award, each company selected will be required to enter into an
agreement based on its proposal in a timely manner.
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DRAFT CCC RFP
SECTION II - DESCRIPTION OF CURRENT SERVICES
A. DESCRIPTION OF ZONE
1. Population
The CCC RFP is composed of Rodeo and Mountain View, unincorporated areas
in Contra Costa County (See maps in Attachment 2).
2. Customer Accounts
The Rodeo total service area includes _ residential accounts, multi-
family accounts, and _ commercial accounts. The Mountain View area
includes residential accounts, __ multi-family accounts and
commercial accounts.
3. Geographic Area
Most Rodeo is moderate to hilly. Mountain View area is level.
B. CURRENT SERVICES
Service Information
a. The following table presents basic service information on each jurisdiction.
Current Services
Type of �esidenUal Type of Type of..
Refuse Recycling lvlatenals< ;Recycling Green Neste
Juriadtctron Current Hauler Cgllecuon t ollected Collectson Cailectign
Rodeo Refuse: Manual, News,glass,AL,PE Weekly, Weekly,
BFI P.H. Bayshore backyard (colored&clear), commingled manual,
Recycling&Green Waste: HDPE,tin except glass, backyard
BFI P.H. Bayshore news
Mountain Refuse,Recycling&Green Manual, News,glass,AL,PE Weekly, Weekly,
view Waste: backyard (colored&clear), commingled manual,
BFI P.H.Bayshore HDPE,tin except glass, backyard
news
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• a
DRAFTCCC RFP
b. ]Profile of Refuse, Recycling and Green Waste
The following'table contains additional information. on annual tons collected,
number of accounts, number of route per week, and rates for the various services
for each jurisdiction.
Profile of Refuse, Recycling and Green Waste
IL Rodeo Mountain View
Residential Refuse Collection
Annual tons collected
Number of accounts
Number of route days/week
Bulky waste route days/week
32-gallon can rates
Multi-Family. Commercial &Industrial
Refuse Collection (Bin Service)
Annual tons collected
Number of accounts
Number of route days/week
Rates (frequency & size)
febris Box Container Refuse Collection
Annual tons collected
Number of route days/week
Residential Recycling
Annual tons collected
Number of route days/week
Participation rate
Commercial Recycling
1993 annual tons collected
Number of route days/week
Residential Green Waste
Annual tons collected
Number of route days/week
Participation rate
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DRAFT CCC RF?
C. OTHER SERVICES
1. Refuse Transfer & Disposal
All waste collected in the Rodeo and Mountain View Service area is currently
transported to ACME Fill Corporation transfer station in Martinez where it is
transferred to Keller Canyon landfill near Pittsburg.
a. Zone 1 Rodeo
The total waste volume is _ tons per year. The total includes _ tons
of residential waste, tons of commercial waste and tons of
debris box/self-haul waste.
b. Zone 2 Mountain View
The total waste volume is tons per year. The total includes
tons of residential waste, tons of commercial waste and _ tons of
debris box/self-haul waste.
2. Recycling and Green Waste
a. Zone 1
Approximately _ tons of residential and _ tons of commercial waste
are diverted annually. Commercial recycling is currently performed by
the refuse hauler as part of its exclusive refuse franchise in each
jurisdiction.
b. Zone 2
Approximately _ tons of residential and _ tons of commercial waste
are diverted annually. Commercial recycling is currently performed by
the refuse hauler in each jurisdiction.
3. Drop-off Centers
a. Zone 1
Currently has a contract with __ who operates a recycling center in
Rodeo which accepts _ in addition to the materials collected in Rodeo
curbside program.
b. Zone 2
_currently operates a recycling center in Mountain View which accepts
mixed paper, cardboard, white paper, metals, and wood in addition to the
materials collected in Mountain View's curbside program.
Pleasant Hill Bayshore operated a recycling center in Pacheco to service
the Northern unincorporated area. The recycling center accepts aluminum
scrap, anti-freeze, car batteries, brass and copper scrap, cardboard,
grocery bags, junk mail, magazines, motor oil, mixed paper, white and
=6-
DRAFT CCC RFP
computer paper in addition to the materials collected in the Northern
unincorporated area's curbside program.
D. CUSTOMER SERVICE
BFI Pleasant Hill Bayshore is responsible for customer service. The CCC agreement
formally describes the handling of customer complaints.
E. PUBLIC EDUCATION
The CCC is responsible for public outreach and education for the jurisdictions in the
CCC.
F. BILLING
The current hauler in each of the jurisdictions is responsible for billing service.
Residents of Rodeo and Mountain View are billed quarterly. All other residents are
billed bi-monthly. Recycling fees are collected on the property tax bill and in turn paid
to the recycling company.
G. AB 939 PLANNING
All jurisdictions completed SRRE's and plan on achieving the State mandated waste
diversion goals of 25% by 1995 and 50% by the year 2000. To achieve these goals, the
County will support the following.
• Increasing the types of material collected through residential curbside recycling
services;
• Increasing commercial recycling;
• Considering development of a transfer station with provisions for material
recovery;
0 Implementing green waste collection and home composting programs; and
• Implementing additional source reduction programs.
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DRAFT CCC RFP
The jurisdictions' SRRE's indicate that they plan to achieve the following diversion in
1995 and 2000:
Projected 1995 Projected 2000
Percentage Percentage
Generation Diversion Diversion Generation Diversion Diversion
Zone 1 Rodeo
Zone 2 Mt. View
1993 actual diversion by jurisdiction is as follows:
Tons Percentage
Generated Disposed Diverted Diversion
Zone 1 Rodeo
Zone 2 Mt. View
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DRAFT'CCC RFP
SECTION III - PROPOSAL GUIDELINES
A. PROCUREMENT SCHEDULE
1 ate . Activity
• Request for Proposals available from:
• Pre-Proposal Conference:
• Proposal Submission by 5:00 p.m.
To:
• Interviews with Selected Companies
• Approval by CCC Board
• Start of Solid Waste Collection Services
These dates are tentative only, and subject to change by CCC.
B. PREPARATION OF PROPOSALS
All proposals should be prepared using the following outline:
i. Title Page
ii. Transmittal Letter
iii. Table of Contents, Attachments, etc.
iv. Proposal Summary
1. Proposal Outline
a) Firm Description
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DRAFT CCC RFLP
1) Overview of Proposal
2) Details of Ownership of Firm
3) Description of Firm Experience
4) Description of Firm's Project Initiation Experience
5) Information Regarding Pending Litigation
6) Financial Information
7) Personnel
b) Technical Proposal
1) General Requirements
2) Solid Waste Service A - Refuse Collection
3) Solid Waste Service B - Refuse Transfer and Disposal
4) Solid Waste Service C - Recycling Collection, Processing &
Marketing
5) Solid Waste Service D - Green Waste Collection, Processing and
Marketing
6) Implementation
7) Customer Service z.
8) Public Education
9) Billing
10) Hazardous Waste Management
C) Financial Proposal
1) Financing Plan
2) Cost Proposal
d) Exhibits
2. Proposal Content
a) Firm Description
1) Overview
State whether the legal entity which would enter into the
Agreement is an individual, a partnership, a corporation, or a joint
venture.
Indicate the number of years the entity has been organized and
doing business under this legal structure (if other than an
individual).
2) Details of Ownership of Firm
i) If you are a corporation (including a Not-for-Profit),
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DRAFT CCC RFP
indicate in which State you are incorporated. Also provide
the names and addresses of all:
• Officers;
• Stockholders owning ten percent (10%) or more of
any class of stock in the corporation; and,
• Creditors who are owed a debt equal to ten percent
(10%) or more of the firm's total assets.
ii) Partnership - If you are a partnership, list the names and
addresses of all general partners and their percentage
ownership.
iii) Joint Venture - If you are a joint venture, list the names
and addresses of all venturers. If any venturer is a
corporation of partnership, provide the information
requested in Sections i) and ii) above for each.
3) Description of Firm Experience
Each firm must submit a description of relevant experience that
qualifies it to perform the services being procured and proposed
through this RFP.
In describing your firm's experience providing each type of solid
waste service, include at least the following information.
• The jurisdiction and state where activities were performed.
• The type of service that was performed (i.e., refuse
collection,refuse transfer and disposal,recyclable materials
collection, processing and marketing, green waste
collection, processing and marketing).
• The type of equipment used.
• The dates during which the services were performed.
• The name, address and telephone number of the responsible
jurisdiction representative.
• The number of households or commercial establishments
served, tons collected, and number of vehicles dispatched
per day, etc.
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DRAFT CCC RFP
4) Description of Firm's Project Initiation Experience
Describe how your firm has handled the specific requirements for:
• Procurement of vehicles.
® Hiring of new personnel and utilizing existing personnel.
• Training of personnel
• Establishing billing and fee collection services.
• Determination of routes and operating procedures.
A Delivery of refuse, recycling and green waste containers.
• Liaison with the community including complaint resolution,
public relations and promotion of new programs.
i Preparation of procedures and back up equipment to ensure
a smooth transition from one company to another and/or
one type of service to another.
Indicate how your firm will assure an effective, trouble-free,
timely start-up of your operation.
5) Information Regarding Pending Litigation
List all civil legal actions above $10,000 and all criminal legal
actions for the past five years now pending or threatened against
the individual or entity identified in answer to Section 2) above.
Please provide:
• The name of the action;
• The court in which it was heard or is pending;
• The amount at issue; and,
• A brief statement of the current status of all criminal action
and all civil actions involving amounts greater than
$100,000.
If the legal entity identified in Section 2) is a corporation, include
in your answer all actions which are pending that involved as a
party a current corporate officer or a person who served as an
officer within the last two years, which arise from the officer's
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DRAFT CCC RFP
activities on behalf of the corporation.
If this legal entity identified in Section 2) is a partnership, include
in your answer to this section all legal actions involving individuals
partners, which arose from their activities on behalf of the
partnership, not otherwise disclosed in your answer.
6) Financial Information
Submit audited financial statements including footnotes and
auditors opinion letter for your firm for the most recently
completed fiscal year. Include a statement by the chief financial
officer of your firm that there has been no material adverse change
in the Company's condition or operations as reflected in the above
balance sheet and income statements since the date on which they
were prepared. If your company is a wholly-owned subsidiary of
a parent company, also submit audited financial statements,
including footnotes and auditors opinion letter for the parent
company for the mst recently completed fiscal year.
7) Personnel
Provide an organization chart for the company that will provide
services to the CCC. Indicate which positions should, in the
opinion of your firm, be considered "key" in a procurement of this
nature. Provide job descriptions for "key" positions indicating the
qualifications and experience of the personnel your firm would
assign t this contract and the percentage of time dedicated to work
related to the CCC. Provide resumes of the proposed key team
members that will fill the described jobs.
Your firm must comply with the'prevailing wage guidelines, as
described in Article 4 of the draft agreement. It is the CCC's
intent to utilize current workforce. Please describe your plans for
utilization of the current workforce.
b) Technical Proposal
1) General Requirements
For each solid waste service for which proposals are submitted,
the following information is required:
• Collection methodology to be employed (type of
equipment, manpower, etc.).
• Equipment to be utilized (e.g., vehicle, number, types,
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DRAFT CCC RF]P
capacity, age, etc.). If equipment can be considered non-
standard (e.g., dual collection vehicles, alternative fuel
vehicles, etc.) you must provide examples of where the
proposed equipment is currently being utilized as it is
proposed.
• The number of routes required per day, and the estimated
number of actual stops and drive-bys per route.
• Assumptions and basis of each assumption for labor
requirements (number of employees by classification (i.e.,
drivers, helpers, mechanics, etc.).
• Types and numbers of containers to be utilized.
• Location for equipment and personnel staging.
• Arrangements for maintenance of equipment.
• Office location for management and franchise
administration operations.
• Provisions for program publicity, outreach and education.
• Estimated annual tons collected.
• Billing/Customer Service.
2) Solid Waste Service A - Refuse Collection
Refuse collection proposals must include a description of how you
propose to provide all of the following services:
i) Automated, mandatory, weekly residential refuse collection
with 32-gallon containers as the standard size;
ii) A method of collection for hard to serve areas, senior
citizens and handicapped individuals;
iii) On-call bulky waste collections;
iv) A minimum of _ annual clean-ups and a description of
how the extra vehicle and labor requirements will be
handled, (costs should be included in residential cost
proposal);
v) Commercial and multi-family refuse collection (bin
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DRAFT CCC RFP
service);
vi) Industrial collection (Debris box); and
vii) Service to City and County facilities (jurisdictions will pay
for services).
The following information specifically related to residential
collection is required:
• Description of bulky goods collection, processing and
marketing plan which includes the staff and equipment that
will be utilized.
• Description of annual clean-up collection, processing and
marketing plan which includes the staff and equipment that
will be utilized.
• Method of recovery of reusable or recyclable materials
collected during tri-annual clean-ups or as bulky waste.
3) Solid Waste Service B - Refuse Transfer and Disposal
Refuse transfer and processing proposals must include a
description of how you propose to provide all of the following
services:
i) Refuse transfer and transport to disposal site; and
ii) Refuse disposal.
For rate purposes, disposal expense (tipping fee) will be treated as
a pass-through expense.
The following information specifically related to refuse transfer
and disposal.is required:
• Statement regarding affiliation to transfer station and
disposal facility.
• Copies of proposed transfer station and landfill facility
permit.
• Information on the transfer station including a description
of facility operations, tons per day currently processed and
available tonnage capacity per day.
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DRAFT CCC REP
• Transfer station and landfill . tonnage
commitments/gumantees for the term of the agreement,
including price.
• Information on the landfill including: remaining capacity
and projected years to closure; if closure and post-closure
costs are included in the tip fee; if Subtitle D requirements
are fulfilled; and any pending litigation against the landfill
owner or,management.
4) Solid Waste Service C - Recycling Collection, Processing &
Marketing
Recycling collection, processing & marketing proposals must
include a description of how you propose to provide al of the
following services:
i) Weekly, mandatory pay, residential curbside recyclable
materials collection of the following materials: newspaper,
glass, aluminum, PET, HDPE,cardboard, mixed paper and
used motor oil;
ii) Commercial and multi-family recyclable materials
collection, processing, and marketing;
iii) Recyclable materials processing and marketing;
iv) Recycling drop-off centers;
v) Service to City and County facilities (jurisdictions will pay
for services).
The following information specifically related to recycling
collection, processing and marketing is required:
• Estimated curbside and drop-off annual tons of recyclable
materials that will be collected, processed and marketed.
Include basis for assumptions and report curbside drop-off
separately.
• Estimated annual tons of residual waste that will be
disposed, and disposal site.
• Name and description of facility(ies) where recyclable
materials will be processed, proof of capacity commitment.
• Processing methods and procedures.
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DRAFT CCC RFP
• Marketing plan and materials marketing experience.
5) Solid Waste Service D - Green Waste Collection, Processing and
Marketing
Green waste collection, processing and marketing proposals must
include a description of how you propose to provide all of the
following services:
i) Weekly, mandatory pay, residential curbside green waste
collection with 64-gallon containers as the standard size and
green waste collection on the same day as refuse collection;
ii) Green waste processing and marketing;
iii) Christmas Tree recycling;
iv) Commercial and multi-family green waste recycling; and
V) Service to City and County facilities (jurisdictions will pay
for services).
The following information specifically related to green waste
collection, processing and marketing is required:
• Estimated annual tons of green waste that will be collected,
processed and marketed at curbside and drop-off. Include
basis for assumptions.
• Estimated annual tons of residual waste that will be
disposed, and disposal site.
• Name and description of facility(ies) where green waste
will be processed, proof of capacity and processing fee
commitment.
• Processing methods and procedures including information
on how contamination will be controlled.
• Description of finished product (i.e., compost, mulch) and
customers.
• Marketing Plan and green waste marketing experience.
6) Implementation Plan
Provide an implementation plan describing your approach to
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DRAFT CCC RFP
facilitating a smooth transition for all services. The proposal must
clearly demonstrate that your company has the ability to implement
the services on March 1, 1996. This includes delivery of
equipment, staffing, etc. The plan should include:
i) A PERT chart and accompanying written explanation for
complete project implementation including:
• Equipment procurement, list of vendors, delivery
schedules;
• Hiring and training of personnel and utilization of
current personnel;
• Acquisition of storage and maintenance facilities
and administrative offices;
• Development and printing of customer relations
materials (such as collection schedules, route maps,
billing forms, complaint forms, service request
forms, etc.); and,
• Contingency plan which describes how unforeseen
problems will be handled (e.g., back-up vehicles
and personnel).
ii) Assumptions regarding the CCC jurisdictions' staff
participation and, as appropriate, the current haulers
participation.
iii) A description of an resumes for the transition team
members highlighting previous experience in transitioning
and start-up of new operations.
iv) Methods for handling customer inquiries.
V) Announcements and publicity
7) Customer Service
Describe your procedures for dealing with customer service issues.
Proposals should include information on response times to various
types of complaints, changes in service, customer call logs, etc.
The companies awarded contracts will need to have a toll-free
telephone number available to residents Monday through Friday
from 8:30 a.m. till 5:00 p.m.
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DRAFT CCC RFP
8) Public Education
Describe your procedure for public education, identify key
personnel who will be directly responsible for public education,
and provide examples of jurisdictions in which they have relevant
education and outreach experience.
The refuse, recycling and green waste haulers will be responsible,
subject to CCC review, for all public outreach and education
related to their collection programs.
9) Billing
Describe your procedure for customer billing and provide
examples of jurisdictions in which you have relevant billing
experience.
The refuse hauler in the zone shall be responsible for all residential
billing, including recycling and green waste fees. The refuse
hauler will in turn pay the recycling company and green waste
hauler. Commercial and industrial accounts will be billed
separately for all services.
10) Hazardous Waste Management
Describe procedures for identifying and handling hazardous waste
disposed with the solid waste stream. Include information on
screening procedures, notification plan, and employee training
programs.
C) Financial Proposal
1) Financing Plan
Each firm shall describe its plan for financing its capital
requirements (facility, equipment, and capital financing) in a
"Sources and Uses of Funds" format and shall .attach such
supporting documents that demonstrate its ability t implement the
plan. Proposers should provide written documentation (e.g.,
letters from banks or leasing companies)demonstrating their ability
to finance the capital requirements of the zones they are proposing.
2) Cost Proposal
Attachment 3 describes how each company should complete its
cost proposal and provides forms and worksheets that must be
completed in order for your proposal to be considered.
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DRAFT CCC RIFF
d) Exceptions to Proposed Business Terms and Agreement
Each proposer must identify any exceptions which it takes to the Draft
Franchise Agreement.
e) Submission of Proposals
1) Submit_copies(one(1)unbound, camera-ready) of the complete
proposal in a sealed package. Included with the proposal should
be the following:
i) Completed proposal form, signed by an official authorized
to bind the proposing firm.
ii) Anti-Collusion Affidavit (Attachment 4).
iii) EOE Certification (Attachment 5).
iv) Notary's Certification (Attachment 6).
V) Proposal Fee. All proposers must include a cashier's or
certified check in the amount of$5,000 with their proposal.
The fee will be refunded to proposers not ultimately
selected to enter into a franchise agreement. It will be
refunded to the successful proposer once the franchise
agreement is executed and all required bonds, insurance
and other submittals are completed and approved by the
City.
vi) Proposal Bond. The company is to furnish a proposal bond
within ten (10) calendar days of approval of the service
contract by CCC. The proposal bond shall be furnished as
surety for performance and completion of the work in
accordance with the terms of the RFP and its attachments,
the service contract and its attachments, and for the prices
contained in the company proposal. The proposal bond
must be approved by the CCC and must be a minimum
amount of $10,000 for each zone awarded.
2) Label this package:
CCC SOLID WASTE PROPOSAL
NAME OF PROPOSER
ADDRESS
CONTACT PERSON
TELEPHONE
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DRAFT CCC RFP
All proposals must be received by at 5:00 p.m.
Proposals received after this time and date will be returned
unopened.
Postmarks will not be accepted as proof of receipt.
f) CCC Rights and Hold Harmless
The background information presented in this RFP is for information
purposes only and the proposer agrees to hold the CCC harmless for the
accuracy of this data. All proposers should take whatever steps they
believe are necessary to reasonably establish the actual number of
customers in preparing their proposal.
The CCC reserves the right to reject any or all proposals, any part of a
proposal, to issue addenda to the RFP, to modify the RFP, or to withdraw
the RFP. The proposer must comply fully with the requirements detailed
in this document. Required supporting documentation should be included
as attachments and should be appropriately identified. Incomplete
proposals, proposals containing errors or inconsistencies, failure to submit
the proper quantity of copies, or other process or content errors or
deficiencies may constitute cause for rejection.
The CCC must have the right and your firm must agree to cooperate with
the CCC investigation and review of your firm's ability to perform the
work required. Such cooperation shall apply not only to the verification
of the firm's capability and experience in the provision of services but also
to the provision of any other component of work which may be required
under this procurement.
The CCC reserves the right to retain all proposals submitted and proposals
shall become the property of the CCC. The CCC also reserves the right
to use any or all ideas presented in any proposal submitted in response to
an RFP without charge or limitation. The selection or rejection of a
proposal does not affect these rights.
The CCC may request clarification or additional information from the
proposer at any point in the RFP process and negotiate.with one or more
proposers. Information or clarifications will not be accepted after the due
date, unless specifically requested by the CCC.
Submission of a proposal shall constitute acknowledgment and acceptance
of all the terms and conditions contained in this RFP and Draft Franchise
Agreement unless exception to particular terms and conditions are
expressed in writing in the proposal. Upon acceptance of this proposal,
in whole or in part, by the CCC, the company is bound to execute a
contract and furnish a performance bond approved by the CCC for
performance of the contract in accordance with the Franchise Agreement
-21-
DRAFT' CCC RFP J
and all documents referenced therein, as modified by this proposal, the
terms of which are firm for a period of 120 days.
-22-
' DRAFT CCC RFP
J
SECTION TV - PROPOSAL EVALUATION
Proposals will be evaluated based on the following factors:
Company's QraMcations
• General Experience -Demonstrated experience providing similar services to other areas.
Experience of key personnel.
• Jurisdiction Satisfaction - Satisfaction of company references with services received,
including implementation, customer service, billing, payment of fees, reporting, and the
handling; of legal and labor issues.
• Understanding of Current Conditions-Demonstrated understanding of current conditions
in Zone 1 and Zone 2.
• Billing Experience- Company experience billing customers. Company experience acting
as a billing agent for another hauler or recycling company.
• Public :Education - Company's public education experience and adequacy of the
company's public education plan.
Technical Proposal
• Implementation Schedule-Reasonableness of implementation schedule and ability to meet
deadlines (i.e., equipment procurement schedules, personnel available, back up plan,
notice to customers).
• Operations - Reasonableness of assumptions (i.e., number of routes, drivers).
• Equipment - Collection methodology used and proven.
• Disposal, Processing and Marketing - Realistic plan and guaranteed capacity for refuse
disposal, recyclable material and green waste processing and marketing.
• Other Technical Services - Provisions for bulky waste collection, annual clean-ups,
Christmas tree recycling and hazardous waste management.
Exceptions to the Proposal
• Exceptions to the RFP - Number and nature of the exceptions and effect upon the CCC
ability to evaluate the proposal.
• Exceptions to the Draft Franchise Agreement- Number and nature of the exceptions and
effect on entering into an agreement.
-23-
DRAFT CCC RFP
Financial Ability
• Profitability - Competitiveness of proposed operating ratio.
• Financing - Evidence that financing requirements will be fulfilled. Reasonableness of
terms. Percentage of owner equity. Proposed collateral against loans.
• Financial Stability - Comparison of additional revenue from contract to company's
current revenue stream. Vulnerability of company based on its debt-to-equity ratio.
Demonstrated ability of company to obtain adequate insurance.
Costs
• Cost - Reasonableness of costs. Costs as a projection of operational assumptions.
• Competitiveness - Cost of service to customers. Cost competitiveness relative to other
proposals.
VA:tw
RIAI:RFP-SWs.dft
2-22-95
-24-
• ATTACHM^NT G
D: BOARD OF SUPERVISORS
ICOM: Sara Hoffman }
�
Solid WaContra
ste Manager
ATE:. t . . . •August 6;` 199
r COY
73IIECT: .° Ibplementatibn•of Ordinance 91-1t;-,`SohidWaste
= Collection, Disposal and,,Recycling=Agreeineits= -
.':�a a;. P....7 �+ta• {� �� - .. y krn ix r.z:- }is..-j :a. .,.
?ECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
,
f,
:COMMENDATIONS :., t - ., . t. Y
�., .e '; a.l'e it ,'. a
a;. r?., , ` ' „� �'.,, .f- 3r,;.w. r_. ,.:�".ri �:g°4.x a,, ., l�� �t.sr�4 � "z= � o�.� •z••9+ ..
ADOP•,Teresolutions granting<transi-t-ional permits-t'b Rid End:tanitaiy service,
SAWD,=dba_-Valley Waste Management•, Pleasant H .11 Bayshbre 0i:ip'osa1, Pleasant
�Hi1rb.'Bayshrare .<Disposal: Inc*,�, -:Martinez ::Disposal . •5 drind-a,',Mdraga Disposal,
,;;-:Crockett Garbage Company, b Bay View T-Refuse 'and:
BACKGROUND/REASONS FOR RECOMMENDATION
On June 111 1991, the Board of Supervisors' adopted.°.Ordinance 91=31, ' Solid
Waste .,Collection, Disposal .and,,Recycling Agreements. This . ordinance was
adopted in .response.eto -:State ,law ..which requires the County ,to develop and
implement ,.plans., ,,and' programsy fo.r,the• 'unincorporated� °ar:easr„ta reduce'.waste
goihq,`,to the landfill°lby':'25$ by 1995_ and 50$snby;>the: year :2000. .State law
provides---'Io r it o.f.up;toy $10.,900 per day ff. the County 'does,::not-'meet these
diversion `goals:. • Ordinance 9131 providesMka :mechanism` for<..the County to
achieve these State mandates.
Recogniiing.`the.=sanitary districts historic role in solid waste collection in
the unincorporated areas of the County and the Board's new 'state mandated
responsibility, the Board provided a framework under which the sanitary
districts could enter into memorandums .of understanding (MOUs;- or agreements
with the County for :continued solid waste collection franchising and
participation in the recycling effort. Following adoption of the ordinance,
the., f
Chairto ,the Board `of Supervisors sent Netters to the presidents of each
of the a iiff iry districts” inf6ftingtheimi of :?t a `desire `of' 'the "Board to
cooperate, with the sanitary districts and - inviting them 'to : inter into
discussions with the County. The .Solid Waste. Manager sent a ' similar letter
to all of the general managers of the sanitary districts. To date, informal
responses have been received from four; districte: Kensington Community
services District, Mt . view- Sanitary District, :Rodeo Sanitary District and
Central Sanitary District. Staff will be' working with, the.' districts in an
effort; ,to develop MOUs'".consistent with the ordinance:
1 j t T •- '+.F. .tt R." ..i. R +" ",Jf,�+. � :.� 'vu.. ...R 3�4 gk.?i-s�19t
l c s :. d a5 ,4i •_ a i-.f �'.� -s. l.t,a � . i� - _ ">.4 epi s^3'� r+.�
In`addition, discussions have been'"held"'with eac2i'"of 'the `solid .wa"stehaulerson.:.the;:need to, receive franch `ses,` for currently unfranch pdd� un. ncorporated
areas and for. those areas 'for. which there is no MOU with,'the currently
franchising sanitary district. Most of the haulers serve assmall number of
unincorporated area . homes that are not franchised; typically, isolated
pockets,aof,:under .�t50f�homes-: >� Thef_,one::exception is Oakley/Brentwood Disposal
which sere sF Bethe] r Isl'and,;,and thez,x.unincorporated,,areas -3:of=-oakley and
',Z,iK V SA a ..i:'.E '�°:. k A
To allow timebfor-rthe ttnitaryr',districts<;to-:consider. the. MOU,;option, and: to
provide for ,continued uninterrupted service 1 :-'h
1! e Iunincorpor3ted areas,• it
will,;be ,necessary, for 1the.Board :ofA¢Supervis,orsN<t0 f ssue}trans# tional permits
to the;;:;'locals=a:haule.rs „and f franchising:. sanitary- di'striets -`as provided in
Ordinance• :91-31. The• transitional permits wouldi be effective':from August 11
through December .3l�: 1991 and y,require :,each�hauler�� .to. certify that- recycling
services are. avaiiable� ':to:w through
curbside;,service v.m,-,thee-,,urbanized :ar`ease=andvcdrop' off 'in the"'Tural`'areas no
later ;,than September 3'0, ,•::1991: .: It;.sehould .:be .noted shat the:
';haulers are
currently.,providingrt-curbside::recycling..:servi:ces';=in,*.most,'.area's.
..�\_ ,v i..,.
Ordinan...ce 91-~31 establishes parameters for the MOUs, including control of the
wastestreaza :and'<;,:recyclables •beingi-xetained-%by the Board of Supervisors.
Wastestream..,control, is.-very, important=-,since waste will ,no`.-longer go -directly
to landfills;but'.ao ,material,,recoverylyfacilitiew:whicli' will=perform: recycling
activities.: The :; local haulers ;currently. control;,"vastestreaml in all
unincorporated areas except those currently franchised by-'Contra -Costa County
and .Central Sanitary District.';-.Under' State-.law, . the aiaul'ers' may'voluntarily
assign?;their�.wastertre"am-control toatheicounty->o �the Comity can obtain it` in
accordance. with Public" ^Resource Code, Chapter 6, Section 49520 by giving a
ffve.;::year `'notfce to the hauler of the County's intent to authorize solid
waste collection services, including recycling.
x
7"R} C- R7 �• i. •e t'4u iLsti Rp<'p fi Ld rrG'n f y'i m...rf6.�,�,'y�s �:k ti Irf
..�.. . � with the�` .. �,.•;�..•
In•'accords ce ,:Board's' deciaratioh of -intent, to allow the current
providers, of service ii ,-the'-•Unincorporated, area to continue providing such
services for at.14m `ttl`ie`'term ofgthdir cuitentxf=anchf des with the sanitary
districts .3f the1: Cou"t' r- ,•attempts` to-�'tiegoti7ate•-,MOUd with, ,.the sanitary
districts are :not successful, the _five year,notice:::providdd.Ahat:,it`.becomes
P411 and void,wif an Mou"'I operative on the effective date_of the:notfce, or
if the local haulers have an executed franchise agreement with the County by
December 31 ; 1991. tea= j. R v
vMTs VIEW SANITARY BISTRICT
SERVING CONTRA COSTA COUNTY SINCE 1923
SAKITART
DISTRICT
MARTINEZ,
FO MED 1'23 February 24, 1995
ayle Bishop, Chair
Contra Costa County Board of Supervisors
County Administration Building
651 Pine Street, Room 106
BOARD OF DIRECTORS Martinez, CA 94553
STANLEY R.CALDWELL RE: Board MeetingFebruary 28 1995
ARTHUR J.CASTRO uy
ERNEST D.PASLEY AGENDA ITEM #2 .4 (d)
GREGORY T.PYKA Garbage Collection
DOROTHY M.SAKAZAKI Mt . View Sanitary District
Rodeo Sanitary District
DAVID CONTRERAS
DISTRICT MANAGER
SHERIL.GADD Dear Chairperson and Supervisors :
SECRETARY
On behalf of the Board of Directors of the Mt . View Sanitary
DAVID J.LEVY District it is respectfully requested that the above item
ATTORNEY presently listed as a determination item be removed from the
calendar in order that it may be continued to allow the
RANDOLPH W.LEPTIEN directors to review the available reports and recommendations
ENGINEER of the county staff .
The District ' s management and Board have not been a party to
any recent negotiations affecting garbage collection in the
district .
It is requested that District representatives be given the
opportunity to speak on this matter at this time, or in the
alternative, that you continue the matter at least 30 days to
allow reasonable review on our part .
Sincerely,
MT. VIEW SANITARY DISTRICT
David R. Contreras
District Manager
cc : Jim Rogers, Supervisor
Jeff Smith, Supervisor
Mark DeSaulnier, Supervisor RECEIVED
Tom Torlakson, Supervisor
Phil Batchelor, Clerk of the Board FEB 2 41995
CLERK
CONTRA COS A CO.�SORS
P.O. BOX 2757 MARTINEZ, CA. 94553 PHONE (510) 228-5635
OFFICE LOCATION AT END OF ARTHUR ROAD
CoajI4. U;d,-*,-.
�, V1��►
MTe VIEW SANITARY BISTRICT
SERVING CONTRA COSTA COUNTY SINCE 1923
SANITARY
DISTRICT
MARTINEZ,
E19 3oMD February 24,' 1995
ayle)Bishop, Chair
Contra Costa County Board of Supervisors
County Administration Building
651 Pine Street, Room 106
Martinez, CA 94553
BOARD OF DIRECTORS
STANLEY R.CALDWELL RE: Board Meeting February 28, 1995
ARTHUR J.PASTRY
ERNEST D.PASLEY AGENDA ITEM #2 .4 (d)
GREGORY T.PYKA Garbage Collection
DOROTHY K SAKAZAKI Mt. View Sanitary District
Rodeo Sanitary District
DAVID CONTRERAS
DISTRICT MANAGER
SHERILGADD Dear Chairperson and Supervisors:
SECRETARY
On behalf of the Board of Directors of the Mt . View Sanitary
DAVID J.LEVY District it is respectfully requested that the above item
ATTORNEY presently listed as a determination item be removed from the
calendar in order that it may be continued to allow the
RANDOLPH W.LEPTIEN directors to review the available reports and recommendations
ENGINEER of the county staff .
The District ' s management and Board have not been a party to
any recent negotiations affecting garbage collection in the
district .
It is requested that District representatives be given the
opportunity to speak on this matter at this time, or in the
alternative, that you continue the matter at least 30 days to
allow reasonable review on our part .
Sincerely,
MT. VIEW SANITARY DISTRICT
David R. Contreras
District Manager
cc: Jim Rogers, Supervisor '010
Jeff Smith, Supervisor
Mark DeSaulnier, Supervisor RECEIVED
Tom Torlakson, Supervisor
Phil Batchelor, Clerk of the Board FEB 2 41995
CLERKSUPERVISORS
CONTRA COSTA CO.
P.O. BOX 2757 MARTINEZ, CA. 94553 PHONE (510) 228-5635
OFFICE LOCATION AT END OF ARTHUR ROAD
LAW OFFICES OF
GAGEN, MCCOY, MCMAHON & ARMSTRONG
WILLIAM E. GAGEN, JR. A PROFESSIONAL CORPORATION DANVILLE OFFICE
GREGOR" L. MCCOY
279 FRONT STREET
PATRICK J. MCMAHON
P- O- BOX 218
MARK L. ARMSTRONG DANVILLE, CALIFORNIA 94526-0218
LINN K. COOMBS
TELEPHONE: 15101 837-0585
STEPHEN W. THOMAS
FAX: (510) 838-5985
CHARLES A. KOSS
MICHAEL J. MARKOWITZ NAPA OFFICE
MICHAEL W. CARTER 1001SECOND STREET, SUITE 31S
RICHARD C. RAINES
NAPA, CALIFORNIA 94559-3017
VICTOR J. CONTI TELEPHONE: (707) 224-8398
BARBARA DUVAL JEWELL
ROBERT M. FANUCCI February 27 1995 A (707) 224-$817
ALLAN C. MOORE PLEASE
SE REPLY TO:
PATRICIA E. CURTIN
CAROLE A. LAW
ALEXANDER L. SCHMID
MICHAEL P. CANDELA
Danville
CHARLES A. KLINGE
OF COUNSEL
STEPHEN T. BUEHL
Lillian Fujii
Deputy County Counsel
Office of County Counsel
Contra Costa Counsel
651 Pine Street, N. Wing, 9th Floor
Martinez, CA 94553
Re: Garaventa Enterprises Franchi Agreemen
Dear Lillian:
Our office picked up a copy of the draft franchise agreement for
the Garaventa Franchise Area when it became available Friday
afternoon. I reviewed it with my cl/ient. We understand that its
adoption is to be considered by the Board of Supervisors tomorrow
under Determination Item 2 . 4 (c) . The draft is generally acceptable
to my client. We would suggest the following minor changes and
clarifications:
1. In Section 1. EFFECTIVE DATE, PARTIES, on page 1, the
Oodclification
be changed to read .as follows:
ent is binding between the County
elow named Contractor and is
n the date last signed by the
eto.
ion will avoid potential confusion with
different execution and effective dates in the Agreement.
2 . In Section 2 .e. DEFINITIONS, CONTRACTOR, on page 1, insert
"Garaventa Enterprises, a California-Corporation" in the blank
to identify the Contractor and Signatory under this Agreement.
Silvio Garaventa, Sr. and Mary C. Garaventa own 1000 of the
stock in Garaventa Enterprises.
3 . In Section 2 . i. DEFINITIONS, FRANCHISE AREA, on pages 1-2 ,
the Franchise Area is identified as a geographic area
generally described in Exhibit A to this Agreement. Exhibit
Ms. Lillian Fujii
February 27 , 1995
Page 2
A is to be prepared based on a 600 scale map (600' to the
inch) . My client does not have maps with that scale. The map
should be prepared by the Community Development Department and
then attached to this Franchise Agreement prior to its
execution. The Board Order approving the adoption of the
Garaventa Franchise Agreement should reflect that the
geographic area will consist of the following: 1) far East
County (which includes Discovery Bay) ; 2) an unincorporated
area in North East Antioch as depicted in previous staff
reports; 3) an unincorporated area in North Concord as
depicted in previous staff reports; and 4) an unincorporated
area in Bay Point, the precise location of which should be
finally determined by the Board as a result of its action on
Determination Item 2 .4 (a) .
4 . In section 30. ASSIGNABILITY, on page 15, the following
paragraph should be added to reflect the fact that continued
service to regions within the Garaventa Franchise Area may be
provided by Silvio Garaventa, Sr. as a sole proprietorship or
by corporations which are 100% owned and controlled by Silvio
Garaventa, Sr. and Mary Garaventa:
It is understood and agreed by the parties
that corporations (e.g. , Pittsburg Disposal
Company, sole proprietorships [e.g. , Oakley
Disposal Company] , and partnerships that are
100% owned by the shareholders of Garaventa
Enterprises) may presently and in the future
perform the obligations and responsibilities
of the Contractor in the regions of the
Franchise Area. Performance of the
obligations and responsibilities of the
Contractor by such companies shall not require
an assignment under this section.
This provision should be added before the last paragraph in
section 30.
5. Section 46. OPERATIVE DATE, on page 21, should be changed to
read as follows:
This Agreement becomes operative on the
effective date in section 1, except for the
North Concord region depicted on Exhibit A.
The effective date for the North Concord
region shall be March 31, 1996.
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ,CALIFORNIA
Date: February 24;, 1995
To: Members, Board of Supervisors
From: Victor J. Westman, County Counsel
By: Lillian T. Fujii, Deputy County Counsel
Re: MODEL FRANCHISE AGREEMENTS (Solid Waste Collection);
February 28, 1995 Board Meeting; Determination Item No. 2.4
Included in the Boards packet in connection with Determination Item No. 2.4
is a document identified as "Attachment A, Draft Franchise Agreement for BFI and
Garaventa Franchise Areas," "Model Franchise Agreement." The agreement, if utilized
and approved, would grant a 20 year solid waste collection franchise to the involved
collector.
If the substantive provisions of the agreement are acceptable to the Board, a
determination must be made as to the specific terri to be covered by each franchise.
In addition, the following matters may be of interest to the Board.
Rates. The Model Franchise Agreement gives the Board broad discretion to
determine the rate-setting methodology. So as to avoid argument that rates cannot be
lowered absent a rate review, the agreement states that rates established by the
County are maximum rates only, and that nothing in the agreement prevents the
contractor from charging lower rates. Absent establishment of a rate by the Board, the
agreement states that the rate shall be the rate charged on the effective date of the
agreement. The effective date of the agreement is the,_d,4te..of Board approval assuming
that the terms are agreeable to the contractor.
Operative Date. The operative date is August 5, 1996 (which, based upon the
documents available to this office, is the date the Board's five-year notice to collector's
will expire) or such earlier date as the parties may agree to or the Board otherwise
directs.
cc: Val Alexeeff, Director, GMEDA
17a:\frnbd224.95
oz
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ,CALIFORNIA
Date: February 27, 1995
To: Members, Board of Supervisors
From: Victor J. Westman, County Counsel
By: Lillian T. Fujii, Deputy County Counsel
Re: Model Franchise Agreement, (Solid Waste Collection);
February 28, 1995 Board Meeting; Determination Item No. 2.4
As directed, this office had prepared the subject Agreement, which is included
in the Board's packet in connection with Determination Item No. 2.4 as "Attachment A,
Draft Franchise Agreement for BFI and Garaventa Franchise Areas," "Model Franchise
Agreement." Neither staff s Report to the Board, nor this office's February 24, 1995
memorandum to the Board point out that in lieu of the usual traditional franchise fee
authority retained by local agencies (e.g., cities, sanitary districts, etc.), the draft would
limit the County to a percentage fee for franchise agreement administration and
funding of'solid waste programs. (See section 23, page 12.)
The Board members may wish to consider alternate language which would
preserve the ability of the Board to establish traditional franchise fees in the future,
irrespective of whether the Board intends to impose a franchise fee at this time or ever
does so in the future. For this reason, we have prepared the following language for the
Board's consideration and use in lieu of the draft's section 23:
"23. ADMINISTRATIVE SERVICES AND FRANCHISE FEES.
Contractor shall pay to the County fors he services provided by the
County in administering this Agreement, for services and
programs pertaining to Solid Waste.,
WE a percentage of its gross annual revenues generated
from the performance of such waste collection services under this
Agreement. Such percentage, time and frequency of payment shall be
established by County from time to time. Said sums shall be payable
from the Contractor to the County upon the inclusion of the
administrative service charge and fees in the allowed rate and upon
the collection of said rate by the Contractor."
cc via Facsimile: Val Alexeeff, Thomas M. Bruen, Mark Armstrong
17a:\frnbd22.795
oz
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ,CALIFORNIA
Date: February 27, 1995
To: Members, Board of Supervisors
From: Victor J. Westman, County Counsel
By: Lillian T. Fujii, Deputy County Counsel
Re: Model Franchise Agreement, (Solid Waste Collection);
February 28, 1995 Board Meeting; Determination Item No. 2.4
As directed, this office had prepared the subject Agreement, which is included
in the Board's packet in. connection with Determination Item No. 2.4 as "Attachment A,
Draft Franchise Agreement for BFI and Garaventa Franchise Areas," "Model Franchise
Agreement." Neither staffs Report to the Board, nor this office's February 24, 1995
memorandum to the Board point out that in lieu of the usual traditional franchise fee
authority retained by local agencies (e.g., cities, sanitary districts, etc.), the draft would
limit the County to a percentage fee for franchise agreement administration and
funding of solid waste programs. (See section 23, page 12.)
The Board members may wish to consider alternate language which would
preserve the ability of the Board to establish traditional franchise fees in the future,
irrespective of whether the Board intends to impose a franchise fee at this time or ever
does so in the future. For this reason, we have prepared the following language for the
Board's consideration and use in lieu of the draft's section 23:
"23. ADMINISTRATIVE SERVICES AND FRANCHISE FEES.
Contractor shall pay to the County fort / he services provided by the
County in administering this Agreement, for services and
programs pertaining to Solid Waste, OWN,
���
a percentage of its gross annual revenues generated
�.���� �.�� P g g'Y'
from the performance of such waste collection services under this
Agreement. Such percentage, time and frequency of payment shall be
established by County from time to time. Said sums shall be payable
from the Contractor to the County upon the inclusion of the
administrative service charge and fees in the allowed rate and upon
the collection of said rate by the Contractor."
cc via Facsimile: Val Alexeeff, Thomas M. Bruen, Mark Armstrong
17a:\frnbd22.795
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ,CALIFORNIA
Date: February 24, 1995
To: Members, Board of Supervisors
From: Victor J. West:man, County Counsel
By: Lillian T. Fujii, Deputy County Counsel
Re: MODEL FRANCHISE AGREEMENTS (Solid Waste Collection);
February 28, 1.995 Board Meeting; Determination Item No. 2.4
Included in the Boards packet in connection with Determination Item No. 2.4
is a document identified as "Attachment A, Draft Franchise Agreement for BFI and
Garaventa Franchise Areas," "Model Franchise Agreement." The agreement, if utilized
and approved, would grant a 20 year solid waste collection franchise to the involved
collector.
If the substantive provisions of the agreement are acceptable to the Board, a
determination must be made as to the specific terri to be covered by each franchise.
In addition, the following matters may be of interest to the Board.
Rates. The Model Franchise Agreement gives the Board broad discretion to
determine the rate-setting methodology. So as to avoid argument that rates cannot be
lowered absent a rate review, the agreement states that rates established by the
County are maximum rates only, and that nothing in the agreement prevents the
contractor from charging lower rates. Absent establishment of a rate by the Board, the
agreement states that the rate shall be the rate charged on the effective date of the
agreement. The effective date of the agreement is the-date,of Board approval assuming
that the terms are agreeable to the contractor.
Operative Date. The operative date is August 5, 1996 (which, based upon the
documents available to this office, is the date the Board's five-year notice to collector's
will expire) or such earlier date as the parties may agree to or the Board otherwise
directs.
cc: Val Alexeeff, Director, GMEDA
17a:\frnbd224.95
Ms. Lillian Fujii
February 27 , 1995
Page 3
This change will avoid any confusion between the effective
date and the operative date for the franchise. An exception
is made for the North Concord area to avoid any need for the
County to negotiate any agreement with Central Contra Costa
Sanitary District, which contends it has a franchise agreement
with Browning Ferris Industries for that area which will
expire by its own terms on March 31, 1996. My client, and I
believe the County, dispute that BFI has a valid franchise in
the North Concord area. However, since Mr. Garaventa
presently provides 100% of the service to that area, has done
so for many years, and anticipates doing so even without a
franchise for the next year, he has no objection to operating
under the status quo until the alleged BFI franchise with
CCCSD expires by its own terms. In that way, a negotiated
North Concord agreement between CCCSD and the County, referred
to last week by Sue Rainey and mentioned in previous
correspondence from CCCSD to the County, will not be
necessary.
6. The signatory page should include a date next to the signatory
block for the Chair of the Board of Supervisors. It should
also include a signatory block for . Garaventa Enterprises by
Silvio Garaventa, Sr. , its President, with a date.
7 . My client has no objection to the language changes to section
23 . ADMINISTRATIVE SERVICES BY COUNTY, on page 12, as
suggested in your memo of today's date to the Board. We would
suggest an additional sentence at the end of the paragraph as
follows:
Administrative and program services and any
franchise fees shall be considered a
reasonable cost or "pass-through" as described
in section 8 on rates.
That is traditional and we understand it is the intent of the
County to allow such fees and charges as a pass-through.
Please let me know if these changes are acceptable to County
Counsel. Please distribute copies of this letter and discuss these
changes with the Board when Determination Item 2 . 4 (c) comes up for
consideration. If these changes are acceptable to the Board and
it wants to " move forward in a timely manner to complete the
Garaventa Franchise Agreement, then it would seem appropriate for
the Board to: 1) approve the Garaventa Enterprises Franchise
Agreement; 2) direct the Community Development Department to
complete the Franchise Area map, Exhibit A; 3) direct County
Ms. Lillian Fujii
February 27 , 1995
Page 4
Counsel to incorporate the foregoing changes into the final
Franchise Agreement; and 4) authorize the Chair of the Board of
Supervisors to execute this Agreement immediately upon its
completion.
Upon execution of this Franchise Agreement, then the previous
franchise agreements between the County and Garaventa companies
will be superseded. We understand that the maximum rate that may
be charged to any of the residential customers within the Franchise
Area by Garaventa Enterprises. will be the current rates for those
customers. In other words, the current rates will be the maximum
rates absent a rate adjustment.
Under this new Franchise Agreement, Garaventa Enterprises may
charge less than the maximum rate. Therefore, for the record
Garaventa Enterprises wants to reconfirm that it will immediately
institute a, retroactive residential rate reduction back to January
1, 1995 of two dollars per month once this Agreement has been fully
executed. For the record, and to reconfirm what Supervisor
Torlakson said he understood at the last meeting, Garaventa
Enterprises will continue to charge the few BFI customers in the
Bay Point region to now be served by Garaventa Enterprises the rate
they are presently being charged, unless and until the residential
rates in the Franchise Area go lower. As discussed previously, a
further reduction of two dollars per month on the residential rate
is contemplated once the Recycling Center and Transfer Station in
Pittsburg becomes operational (assuming that there are no
unanticipated fees and exactions imposed by the City of Pittsburg
on the Recycling Center and Transfer Station as part of its
approval that would inhibit such a reduction) .
Thank you for your consideration of this matter. We look forward
to answering any questions from the Board or staff at the hearing
on this item tomorrow. y,,., ....
Ve tru y yours,
Mai L. Armstrong
MLA:kh
cc: Silvio Garaventa, Sr.
is\vo12\dient\5792\Fujii.Itr
Date:
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LAW OFFICES OF
GAGEN, MCCOY, MCMAHON & ARMSTRONG
WILLIAM E. GAGEN, JR. A PROFESSIONAL CORPORATION DANVILLE OFFICE
GREGORv L. MCCOY
279 FRONT STREET
PATRICK J. MCMAHON P. 0. BOX 218
MARK L. ARMSTRONG
DANVILLE, CALIFORNIA 94526-0218
LINN K. COOMBS TELEPHONE: (510) 837-0585
STEPHEN W. THOMAS
FAX: (510) 838-5985
CHARLF-S A. KOSS
MICHAEL J. MARKOWITZ
NAPA OFFICE
MICHAEL W. CARTER
RICHARD C. RAINES 1001 SECOND STREET, SUITE 315
VICTOR J. CON71 NAPA, CALIFORNIA 94559-3017
TELEPHONE: (707) 224-8396
BARBARA DUVAL JEWELL
ROBERT M. FANUCCI -
February 27, 1995 FAX: (707) 224-5817
ALLAN C. MOORS
PATRICIA E. CURTIN PLEASE REPLY TO:
CAROLS A. LAW
ALEXANDER L. SCHMID
MICHAEL P. CANDELA
CHARLES A. KLINGE Danville
OF COUNSEL
STEPHEN T. BUEHL
Lillian Fujii
Deputy County Counsel
Office of County Counsel
Contra Costa Counsel,
651 Pine Street, N. Wing, 9th Floor
Martinez, CA 94553
Re: Garaventa Enterprises Franchise Agreement
Dear Lillian:
Our office picked up a copy of the draft franchise agreement for
the Garaventa Franchise Area when it became available Friday
afternoon. I reviewed it with my client. We understand that its
adoption is to be considered by the Board of Supervisors tomorrow
under Determination Item 2 .4 (c) . The draft is generally acceptable
to my client. We would suggest the , following minor changes and
clarifications:
1. In Section 1. EFFECTIVE DATE, PARTIES, on page 1, the
sentence should be changed to read as follows:
This Agreement. is binding between the County
and the below named Contractor and is
effective on the date last signed by the
parties hereto.
This modification will avoid potential confusion with
different execution and effective dates in the Agreement.
2 . In Section 2 .e. DEFINITIONS, CONTRACTOR, on page 1, insert
"Garaventa Enterprises, a California Corporation" in the blank
to identify the Contractor and Signatory under this Agreement.
Silvio Garaventa, Sr. and Mary C. Garaventa .own 100% of the
stock in Garaventa Enterprises.
3 . In Section 2 . i. DEFINITIONS, FRANCHISE AREA, on pages 1-2 ,
the Franchise Area . is identified as a geographic area
generally described in Exhibit A to this Agreement. Exhibit
Ms. Lillian Fujii
February 27, 1995
Page 2
A is to be prepared based on a 600 scale map (6001 to the
inch) . My client does not have maps with that scale. The map
should be prepared by the Community Development Department and
then attached to this Franchise Agreement prior to its
execution. The Board Order approving the adoption of the
Garaventa Franchise Agreement should reflect that the
geographic area will consist of the following: 1) far East
County (which includes Discovery Bay) ; 2) an unincorporated
area in North East Antioch as depicted in previous staff
reports; 3) an unincorporated area in North Concord as
depicted in previous staff reports; and 4) an unincorporated
area .in Bay Point, the precise location of which should be
finally determined by the Board as a result of its action on
Determination Item 2 .4 (a) .
4. In section 30. ASSIGNABILITY, on page 15, the following
paragraph should be added to reflect the fact that continued
service to regions within the Garaventa Franchise Area may be
provided by Silvio Garaventa, Sr. as a sole proprietorship or
by corporations which are 100% owned and controlled by Silvio
Garaventa, Sr. and Mary Garaventa:
It is understood and agreed by the parties
that corporations (e.g. , Pittsburg Disposal
Company, sole proprietorships [e.g. , Oakley
Disposal Company] , and partnerships that are
100% owned by the shareholders of Garaventa
Enterprises) may presently and in the future
perform the obligations and responsibilities
of the Contractor in the regions of the
Franchise Area. Performance of the
obligations and responsibilities of the
Contractor by such companies shall not require
an assignment under this section.
This provision should be added before the last paragraph in
section 30.
5. Section 46. OPERATIVE DATE, on page 21, should be changed to
read as follows:
This Agreement becomes operative on the
effective date in section 1, except for the
Norah Concord region depicted on Exhibit A.
The effective date for the North Concord
region shall be March 31, 1996.
Ms. Lillian Fuj11
February 27, 1995
Page 3
This change will avoid any confusion between the effective
date and the operative date for the franchise. An exception
is made for the North Concord area to avoid any need for the
County to negotiate any agreement with Central Contra Costa
Sanitary District, which contends it has a franchise agreement
with Browning Ferris Industries for that area which will
expire by its own terms on March 31, 1996. My client, and I
believe the County, dispute that BFI has a valid franchise in
the North Concord area. However, since Mr. Garaventa
presently provides 100% of the service to that area, has done
so for many years, and anticipates doing so even without a
franchise for the next year, he has no objection to operating
under the status quo until the alleged BFI franchise with
CCCSD expires by its own terms. In that way, a negotiated
North Concord agreement between CCCSD and the County, referred
to last week by Sue Rainey and mentioned in previous
correspondence from CCCSD to the County, will not be
necessary.
6. The signatory page should include a date next to the signatory
block for the Chair of the Board of Supervisors. It should
also include a signatory block for Garaventa Enterprises__ by
-. Silvio Garaventa, Sr. , its President, with a date.
7 . My client has no objection to the language changes to section
23 . ADMINISTRATIVE SERVICES BY COUNTY, on page 12 , as
suggested in your memo of today's date to the Board. We would
suggest an additional sentence at the end of the paragraph as
follows:
Administrative and program services and any
franchise fees shall be considered a
reasonable cost or "pass-through" as described
in section 8 on rates.
That is traditional and we understand it is the intent of the
County to allow such fees and charges as a pass-through.
Please let me know if these changes are acceptable to County
Counsel. Please distribute copies of this letter and discuss these
changes with the Board when Determination Item 2 . 4 (c) comes up for
consideration. If these changes are acceptable to the Board and
it wants to move forward in a timely manner to complete the
Garaventa Franchise Agreement, then it would seem appropriate for
the Board to: 1) approve the Garaventa Enterprises Franchise
Agreement; 2) direct the Community Development Department to
complete the Franchise Area map, Exhibit A; 3) direct County
Ms. Lillian Fujii
February 27, 1995
Page 4
'Counsel to incorporate the foregoing changes into the final
Franchise Agreement; and 4) authorize the Chair of the Board of
Supervisors to execute this Agreement immediately upon its
completion.
Upon execution of this Franchise Agreement, then the previous
franchise agreements between the County and Garaventa companies
will be superseded. We understand that the maximum rate that may
be charged to any of the residential customers within the Franchise
Area by Garaventa Enterprises will be the current rates for those
customers. In other words, the current rates will be the maximum
rates absent a rate adjustment.
Under this new Franchise Agreement, Garaventa Enterprises may
charge less than the maximum rate. Therefore, for the record
Garaventa Enterprises wants to reconfirm that it will immediately
institute a retroactive residential rate reduction back to January
1, 1995 of two dollars per month once this Agreement has been fully
executed. For the record, and to reconfirm what Supervisor
Torlakson said he understood at the last meeting, Garaventa
Enterprises will continue to charge the few BFI customers in the
Bay Point region to now be served by Garaventa Enterprises the rate
they are presently being charged, unless and until the residential
rates in the Franchise Area go lower. As discussed previously, a
further reduction of two dollars per month on the residential rate
is contemplated 'once the Recycling Center and Transfer Station in
Pittsburg becomes operational (assuming that there are no
unanticipated fees and exactions imposed by the City of Pittsburg
on the Recycling Center and Transfer Station as part of its
approval that would inhibit such a reduction) .
Thank you for your consideration of this matter. We look forward
to answering any questions from the Board or staff at the hearing
on this item tomorrow.
:v V
y yours,
a L. Armstrong
MLA:kh
cc: Silvio Garaventa, Sr.
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LAW OFFICES OF
GAGEN, MCCOY, MCMAHON & ARMSTRONG
WILLIAM E. GAGEN, JR. A PROFESSIONAL CORPORATION DANVILLE OFFICE
GREGOR' L. MCCOY
279 FRONT STREET
PATRICK J. MCMAHON
P. O. BOX 21$
MARK L. ARMSTRONG
DANVILLE, CALIFORNIA 94526-0218
LINN K. COOMBS
TELEPHONE: (510) $37-0585
STEPHEN W. THOMAS
FAX: (SIO! 838-5985
CHARLES A. KOSS
MICHAEL J. MARKOWITZ
NAPA OFFICE
MICHAEL W. CARTER
RICHARD C. RAIN ES 1001 SECOND STREET, SUITE 315
NAPA, CALIFORNIA 94559-3017
VICTOR J. CONTI
TELEPHONE: (707) 224-8396
BARBARA DUVAL JEWELL
ROBERT M. FANUCCI February 27, 1995 FAX: (7071 224-5817
ALLAN C. MOORE
PLEASE REPLY TO:
PATRICIA E. CURTIN ,
CAROL-E A. LAW
ALEXANDER L. SCHMID _
MICHAEL P. CANDELA
CHARLES A. KLINGE Danville
Of COUNSEL
STEPHEN T. BUEHL
Lillian Fujii
Deputy County Counsel
Office of County Counsel
Contra Costa Counsel
651 Pine Street, N. Wing, 9th Floor
Martinez, CA 94553
Re: Garaventa Enterprises Franchise Agreement
Dear Lillian:
Our office picked up a copy of the draft franchise agreement for
the Garaventa Franchise Area when it became available Friday
afternoon. I reviewed it with my client. We understand that its
adoption is to be considered by the Board of Supervisors tomorrow
under Determination Item 2 . 4 (c) . The draft is generally acceptable
to my client. We would suggest the following minor changes and
clarifications:
1. In Section 1. EFFECTIVE DATE, PARTIES, on page 1, the
sentence should be changed to read .as follows:
This Agreement is binding between the County
and the below named Contractor and is
effective on the date last signed by the
parties hereto.
This modification will avoid potential confusion with
different execution and effective dates in the Agreement.
2 . In Section 2 . e. DEFINITIONS, CONTRACTOR, on page 1, insert
"Garaventa Enterprises, a California Corporation" in the blank
to identify the Contractor and Signatory under this Agreement.
Silvio Garaventa, Sr. and Mary C. Garaventa own 100% of the
stock in Garaventa Enterprises.
3 . In Section 2 . i. DEFINITIONS , FRANCHISE AREA, on pages 1-2 ,
the Franchise Area is identified as a geographic area
generally described in Exhibit A to this Agreement. Exhibit
i
Ms. Lillian Fujii
February 27 , 1995
Page 2
A is to be prepared based on a 600 scale map (600' to the
inch) . My client does not have maps with that scale. The map
should be prepared by the Community Development Department and
then attached to this Franchise Agreement prior to its
execution. The Board Order approving the adoption of the
Garaventa. Franchise Agreement should reflect that the
geographic area will consist of the following: 1) far East
County (which includes Discovery Bay) ; 2) an unincorporated
area in North East Antioch as depicted in previous staff
reports; 3) an unincorporated area in North Concord as
depicted in previous staff reports; and 4) an unincorporated
area in Bay Point, the precise location of which should be
finally -determined by the Board as a result of its action on
Determination Item 2 .4 (a) .
4 . In section 30. ASSIGNABILITY, on page 15, the following
paragraph should be added to reflect the fact that continued
service to regions within the Garaventa Franchise Area may be
provided by Silvio Garaventa, Sr. as a sole proprietorship or
by corporations which are 100% owned and controlled by Silvio
Garaventa„ Sr. and Mary Garaventa:
It is understood and agreed by the parties
that corporations (e.g. , Pittsburg Disposal
Company, sole proprietorships [e.g. , Oakley
Disposal Company] , and partnerships that are
100% owned by the shareholders of Garaventa
Enterprises) may presently and in the future
perform the obligations and responsibilities
of the Contractor in the regions of the
Franchise Area. Performance of the
obligations and responsibilities of the
Contractor by such companies shall not require
an assignment under this section.
This provision should be added before the last paragraph in
section 30.
5. Section 46. OPERATIVE DATE, on page 21, should be changed to
read as follows:
This Agreement becomes operative on the
effective date in section 1, except for the
North Concord region depicted on Exhibit A.
The effective date for the North Concord
region shall be March 31, 1996 .
Ms. Lillian Fujii
February 27, 1995
Page 3
This change will avoid any confusion between the effective
date and the operative date for the franchise. An exception
is made for the North Concord area to avoid any need for the
County to negotiate any agreement with Central Contra Costa
Sanitary District, which contends it has a franchise agreement
with Browning Ferris Industries for that area which will
expire by its own terms on March 31, 1996. My client, and I
believe the County, dispute that BFI has a valid franchise in
the North Concord area. However, since Mr. Garaventa
presently provides 100% of the service to that area, has done
so for many years, and anticipates doing so even without a
franchise for the next year, he has no objection to operating
under the status quo until the alleged BFI franchise with
CCCSD expires by its own terms. In that way, a negotiated
North Concord agreement between CCCSD and the County, referred
to last week by Sue Rainey and mentioned in previous
correspondence from CCCSD to the County, will not be
necessary.
6. The signatory page should include a date next to the signatory
block for the Chair of the Board of Supervisors. It should
also include a signatory block for Garaventa Enterprises by
Silvio Garaventa, Sr. , its President, with a date.
7 . My client: has no objection to the language changes to section
23 . ADMINISTRATIVE SERVICES BY COUNTY, on page 12, as
suggested in your memo of today's date to the Board. We would
suggest an additional sentence at the end of the paragraph as
follows:
Administrative and program services and any
franchise fees shall be considered a
reasonable cost or "pass-through" as described
in section 8 on rates.
That is traditional and we understand it is the intent of the
County to allow such fees and charges as a pass-through.
Please let me know if these changes are acceptable to County
Counsel. Please distribute copies of this letter and discuss these
changes with the Board when Determination Item 2 . 4 (c) comes up for
consideration. If these changes are acceptable to the Board and
it wants to move forward in a timely manner to complete the
Garaventa Franchise Agreement, then it would seem appropriate for
the Board to: 1) approve the Garaventa Enterprises Franchise
Agreement; 2) direct the Community Development Department to
complete the Franchise Area map, Exhibit A; 3) direct County
Ms. Lillian :Fujii
February 27 , 1995
Page 4
Counsel to incorporate the foregoing changes into the final
Franchise Agreement; and 4) authorize the Chair of the Board of
Supervisors to execute this Agreement immediately upon its
completion.
Upon execution of this Franchise Agreement, then the previous
franchise agreements between the County and Garaventa companies
will be superseded. We understand that the maximum rate that may
be charged to any of the residential customers within the Franchise
Area by Garaventa Enterprises will be the current rates for those
customers. In other words, the current rates will be the maximum
rates absent a rate adjustment.
Under this new Franchise Agreement, Garaventa Enterprises may
charge less than the maximum rate. Therefore, for the record
Garaventa Enterprises wants to reconfirm that it will immediately
institute airetroactive residential rate reduction back to January
1, 1995 of two dollars per month once this Agreement has been fully
executed. For the record, and to reconfirm what Supervisor
Torlakson said he understood at the last meeting, Garaventa
Enterprises •will continue to charge the few BFI customers in the
Bay Point region to now be served by Garaventa Enterprises the rate
they are presently being charged, unless and until the residential
rates in the Franchise Area go lower. As discussed previously, a
further reduction of two dollars per month on the residential rate
is contemplated once the Recycling Center and Transfer Station in
Pittsburg becomes operational (assuming that there are no
unanticipated fees and exactions imposed by the City of Pittsburg
on the Recycling Center and Transfer Station as part of its
approval that would inhibit such a reduction) .
Thank you for your consideration of this matter. We look forward
to answering any questions from the Board or staff at the hearing
on this item tomorrow.
ve tru y yours,
Maw L. Armstrong
MLA:kh
cc: Silvio Garaventa, Sr.
is\vol2\client\5792\Fuji i.It r