HomeMy WebLinkAboutMINUTES - 11051996 - D12 Q1�
TO: BOARD OF SUPERVISORS Contra
FROM: HARVEY E. BRAGDON • _ f Costa
:.•
DIRECTOR OF COMMUNITY DEVELOPMENT
T J County
DATE: NOVEMBER 5, 1996
SUBJECT: CONSIDER APPROVAL OF A FRANCHISE AGREEMENT WITH CROCKETT GARBAGE
COMPANY AND THE COUNTY FOR THE PROVISION OF SOLID WASTE AND
RECYCLING SERVICES IN THE CROCKETT, PORT COSTA AND TORMEY AREAS
AND CONSIDER ASSIGNMENT OF THE FRANCHISE AGREEMENT TO CROCKETT
GARBAGE SERVICE, INC., A SUBSIDIARY OF RICHMOND SANITARY SERVICE.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
Accept the staff report review and background regarding the development of the Franchise
Agreement.
Approve the Franchise Agreement between Crockett Garbage Company and the County
for the collection of solid waste and recycling in the Crockett, Port Costa and Tormey
areas, effective on the last date signed by the parties thereto.
Authorize the Chair of the Board of Supervisors to sign the Franchise Agreement between
the Crockett Garbage Company and the County.
Approve the assignment of the Franchise Agreement to Crockett Garbage Service, Inc.,
a subsidiary of Richmond Sanitary Service subject to their agreement to provide for HHW
service to the Franchise area and agreement to assume the billing and collection
responsibilities for the Pacific Rim contract.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
3
RECOMMENDATION OF COUNTY ADMINISTRATOR— RECOMMENDATION OF BOARD COMMITT E
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON November 5, 1996 APPROVED AS RECOMMENDED X OTHER
Richard Morris, 3260 Blame Drive, Martinez, commented on the Franchise Agreement with
Crockett Garbage Company and the County.
All persons desiring to speak having beeri.heard, the Board APPROVED staff's recommendations
set forth above,: (Agreement attached as Exhibit A),; and REQUESTED staff consider Consumer Price
Index in further report to the Board.
VOTE OF SUPERVISORS
X UNANIMOUS(ABSENT - - - - - - I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION
ABSENT: ABSTAIN: TAKEN AND ENTERED ON THE MINUTES
OF THE BOARD OF SUPERVISORS ON
THE DATE SHOWN.
Contact: Mary Fleming (510) 335-1230
cc: Community Development Department(CDD)
Attachments: Letter from CrockettNalona Sanitary District to Mary Fleming ATTESTED November 5, 1996
dated 10/30/96
PHIL BATCHELOR,CLERK OF
Letter from Richmond Sanitary Service to THE BOARD OF SUPERVISORS
Sup.Jeff Smith,dated 10/24/96 AND COU TY ADMINISTRATOR
Letter from Crockett-Valona Sanitary District to
Mary Fleming,dated 10/17/96 ✓
Letter from Crockett Garbage Company to
Director,GMEDA,dated 6/3/96 BY• DEPUTY
Board Order
Franchise Agreement
Crockett Garbage Co. & the County
November 5, 1996
- Page 2 -
RECOMMENDATIONS (ContM:
Direct staff to establish the Interim Transitional Local Advisory Committee and to work
with that Committee and the Company to review the request for modifications to the
Franchise Agreement requested by the Crockett Garbage Service, Inc. and to return to
the Board with a recommendation and a revised Franchise Agreement to facilitate the
assignment.
Direct staff to modify the franchise area maps for the Pleasant Hill Bayshore Disposal,
Inc. Franchise Agreement to reflect elimination of the Port Costa and Tormey areas
which were inadvertently included.
FINANCIAL IMPACT
No financial impact. The cost of preparing and of administering the Franchise Agreement
will be paid through franchise fees collected as part of the agreement.
BACKGROUND/REASONS FOR RECOMMENDATIONS:
On June 3, 1996, Walter Botta of the Crockett Garbage Company wrote a letter to the
County requesting that the County enter into a Franchise Agreement with the Crockett
Garbage Company for the provision of solid waste and recycling services in the
communities of Crockett, Port Costa and Tormey to be effective prior to the expiration of
the 5 year Transitional Permit. (The transitional permit has since been extended by the
Board to December 31, 1996)
The company is currently providing solid waste service in all three communities but has
a Franchise Agreement only in the Crockett area with the Crockett-Valona Sanitary
District. Recycling in the Crockett area is done by Pacific Rim through a contract with the
Crockett Garbage Company which expires on August 31, 1997. Recycling in the Port
Costa area is currently being done by BFI who has agreements with individuals in the
community to provide the service. Prior to July 1994 recycling services had been provided
by community volunteers. Tormey currently has no recycling service.
The proposal was presented to the Ad Hoc Solid Waste Committee at its meeting of June
19. Staff was directed to work with the Crockett-Valona Sanitary District to determine how
best to meet the needs of the Community and provide for a smooth transition. Staff
subsequently attended the July 17 Crockett-Valona Sanitary District Business Meeting
where the proposed Franchise Agreement was discussed and options were considered by
the Sanitary District Board members.
On August 5, the President of the Sanitary District Board, Robert Dahl, sent a letter to the
County indicating their willingness to enter into negotiations with the County and the
Crockett Garbage Company. They did not consider any of the four options that had been
presented by the County to adequately meet the needs of the community and they outlined
several areas of concern that they wanted to see addressed before the County approved
a Franchise Agreement.
Since August 5, staff has met several times with the Crockett-Valona Sanitary District and
with their Solid Waste Committee members and Manager to work out details of the
agreement to the satisfaction of the Sanitary District and the Company. The Franchise
Agreement presented to the Board is the result of those meetings. As a result there are
several features of this Agreement that vary from previously approved Franchise
Agreements. The following is a list of some of these features:
s
Board Order
Franchise Agreement
Crockett Garbage Co. & the County
November 5, 1996
- Page 3 -
BACKGROUND/REASONS FOR RECOMMENDATIONS (ConYd1:
1) The community wants a Transitional Local Advisory Committee that will
participate for at least two years in advising the County during the
transitional period. The Committee will provide this service to the County at
no cost.
2) There will be a four year freeze on rates unless the County or the
Community asks for implementation of a program that involves an increased
cost
3) County is incorporating some features from the Crockett-Valona franchise
that were of particular importance to the Community. The Franchise
Agreement adopts their complaint procedure and expands on it and adopts
their mandatory recycling requirements which prohibit the placement of
recyclable materials in the solid waste containers,
4) It is the County intent that the recycling in Crockett and Port Costa will
continue to be done by Pacific Rim and BFI and that Tormey will be provided
with drop-off bins or some other suitable provision for recycling, until the
contract with Pacific Rim terminates at the end of August 1997. At that time
the Contractor will be required to provide for curbside service at all
residential locations within the Franchise Area.
5) A franchise fee of 3% of the revenues will be paid to the County for the
provision of franchise administration and AB939 implementation. The fee
will not be paid on the recycling portion of the service as long as recycling
is done through the existing contract with Pacific Rim. At termination of the
Transitional Local Advisory Committee the franchise fee will convert to the
County's then standard franchise fee.
In addition, when the Franchise Agreement with Pleasant Hill Bayshore Disposal, Inc. was
approved the areas of Port Costa and Tormey were inadvertently included even though
the Crockett Garbage Company was currently providing service in those areas. It will be
necessary to revise those maps.
On October 17 a letter was submitted by the Crockett-Valona Sanitary District indicating
their approval of the Draft Franchise Agreement subject to a few minor corrections and
recommending that the Board of Supervisors approve the Franchise Agreement. The
requested corrections are included in the Franchise Agreement before the Board.
Since completion of the Franchise Agreement document the County has been made
aware that Mr. Botta has developed personal and medical problems that make it
impossible for him to legally operate the trucks. Upon discovery of this situation,
Richmond Sanitary Service immediately agreed to provide drivers for the trucks to assure
that service continues in the Crockett, Port Costa and Tormey areas.
Crockett Garbage Services, Inc., a subsidiary to Richmond Sanitary Services, has
requested that the Franchise Agreement be assigned to them immediately so that they
may continue to provide solid waste collection services in the Crockett, Port Costa and
Tormey areas. In consideration of the current difficulties being experienced by the
Crockett Garbage Company staff recommends that the Assignment occur simultaneously
with approval of the Franchise Agreement. Though there had not been a formal request
for assignment, the Crockett-Valona Sanitary District has discussed the issue and
expressed no objection.
MF:rw
JAGrou ps....cr110596.bo
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CROCKETT GARBAGE COMPANY
_ (510) 787-2456
P.O. BOX 416
CROCKETT. CA 94525
June 3,-39.96
CONT RA CSS AE �UNTy
Contra Costa County JUN - 41996
G.M.E.D.A. cRo
Attention: Val Alexeeff, Director ECONOM�pf E�GMUCIV A NCy
651 Pine St., N. Wing (2nd Floor)
Martinez, CA 94553
Dear Mr. Alexeeff:
am requesting that the Community Development Department consider
reviewing the possibility of a collection franchise relationship between the Crockett
Garbage Company and Contra Costa County. Pursuant to Board Order 95/601, the
transitional permit issued to the Crockett-Vaiona Sanitary District, pursuant to County
Ordinance Code 91-31, expires, unless extended. Furthermore on August 6, 1996, the
five year period for transition of franchising from Crockett-Valona to Contra Costa
County is up pursuant to Ordinance 91-31.
Currently the Crockett Garbage Company, a 71 year old enterprise, collects
refuse and contracts for recycling beyond the borders of the Crockett-Valona Sanitary
District into Tormey and Port Costa. We also operate under County requirements
pursuant to AB-939 for waste diversion and under County administered State health,
safety and waste management rules.
Crockett Garbage is trying to plan for collection and waste diversion services
into the 21 st Century. We are considering appropriate services, recycling equipment
and other matters in order to provide a cost effective and better service for our
customers.
In order to address this set of circumstances we would like to explore the
possibility of franchising on a long term basis with County government over our entire
existing service area. This will allow us to have the security of planning for the future
and also making sure our customers receive the best service at the lowest cost.
In order to explore these opportunities, I would appreciate your arranging
discussions with my representative, Tom Powers, in order to discuss these concerns.
I am currently involved with the Crockett-Valona Sanitary District for part of my
service area and agenciesrtransitional permit expires 6-30-96. Therefore, timing is
important in order to address these issues.
.p CROCKETT GARBAGE COMPANY
(510) 787-2456
P.O. BOX 416
CROCKETT, CA 94525
-2-
Contra Costa County government is the only government agency which covers
the balance of my service area, outside the Crockett-Valona Sanitary District.
Therefore, I am compelled to ask you to review these matters with me.
Please call my representative to begin discussing these matters at your earliest
convenience. Mr. Powers can be reached at 1-800-403-0834.
Sincerely,
Walter Botta
Owner& Operator
Crockett Garbage Company
cc: Diedra Dingle
cc: Crockett-Valona Sanitary District
CROCKETT—VALONA`"�5�1� A�TARY D=STR=CT
95 OCT 22 PH 12: 57 P.O.BOX TELEPHONES (510) 8792992
r^. FAX (510) 787-2459
NEM;`Ii`1TD E F T October 17, 1996
Ms. Mary Fleming
Community Development Dept.
651 Pine Street
Martinez, CA 94553-1213
RE: Solid Waste Franchise
Dear Ms. Fleming:
The Sanitary Board met last night to review the latest draft of a
proposed franchise agreement between the County and Crockett
Garbage Co. , dated October 14, 1996. The Board advised Mr. Tom
Powers, representing the Crockett Garbage Co. , of several minor
changes which it feels are needed. The Sanitary Board also
voiced the opinion that the draft is very responsive to the needs
of the District which were expressed in previous meetings and
communications.
The Sanitary Board then voted unanimously to send this letter
advising the County that the Board approves of the October 14
draft subject to a few minor corrections and recommends that the
Board of Supervisors approve this "Franchise Agreement with
Crockett Garbage Company" .
The following comments outline the Sanitary Board's desire for
corrections to the draft franchise agreement:
1 . Section 23 . The Board does not support wording that the
franchise fee shall be "at least 59 upon termination of the
Committee".
2. Section 13. The Board asks that the Local Advisory
Committee receive copies of the results of all customer
surveys.
3. Exhibit A. There exists a small error in depicting the
boundaries of the franchised area along Loring avenue.
4. Exhibit B. The correct rates for. 45 gallon can curbside
service are $23 .40 with $3.00 recycling and $26.40 total.
Members of the Sanitary Board: Jon Molthuis, Douglas Tubb, Rod Butler, Robert A. Dahl, Stephan Perkins
We ask that you please forward to CVSD the meeting agenda for the
Ad Hoc Solid Waste Committee at which time the draft franchise
agreement will be discussed.
Sincerely,
k�v'r`il I
Kent G. Peterson
Secretary/Manager
cc: Kenton L. Alm
Tom Powers
RICHMOND SANITARY SERVICE
e 3260 BLUME DRIVE • RICHMOND, CALIFORNIA 94806
October 24, 1996
Honorable Jeff Smith, Chair BY FACSIMILE
CONTRA COSTA COUNTY 510-646-1396
BOARD OF SUPERVISORS
651 pine Street
Kartinez, CA 94553
Be: Richmond Sanitary Service/Crockett Garbaglk -Comoany
Dear Supervisor Smith:
Richmond Sanitary Service, Inc. , ("RBS") is in the final
stages of negotiations with Walter Botta, owner of Crockett Garbage
Company, for the acquisition of Crockett Garbage Company ("CGC")
subject to approval by Contra Costa County.
While RSS and CGC have discussed this possible sale in the
past, recent events have caused us to accelerate our discussions
and reach an agreement. RSS is prepared to take over all
operations of CGC immediately upon receipt of necessary government
approvals.
It is the expectation of both RSS and CGC that the franchise
agreement which has been approved by the Crockett Valona Sanitary
District will be approved by Contra Costa County. In that event,
the approval of Contra Costa County for the assignment of the
franchise agreement to RSS will, of course, be required. Since RSS
already serves unincorporated Contra Costa County under the terms
of a franchise agreement with Contra Costa County, we assume that
Contra Costa County has all of the information necessary to
consider this application. _
It is our express intent to fulfill each and every obligation
of CGC under the terms of the franchise agreement which is
Currently before the Board, including the four year rate freeze,
and to continue and expand upon the high quality of solid waste
services now offered in Crockett and the surrounding communities.
I will make my staff available to work with your staff to
provide any additional information you may require. I am hopeful
that we will be able to work out arrangements for utilization of
the west County Integrated Resour a Recovery Facility by Crockett.
This will increase the efficiency of the West County solid waste
MAILING ADDRESS: P.O. BOX 4100, RICHMOND.CA 94804-0100
DEPARTMENTS:AREA CODE(510)
ADMINI1TRATION 262.1640 • ENGINEERING 262.1660
ACCOUN71NG 262.1680
FAX 223-1591
100CV�0004G6S\135Tb0
Honorable Jeff Smith, Chair
October 24, 1996
Page 2
system and benefit both Crockett and the other West County
communities. As you know, an increase in the volume of waste
received and processed at the n will have the effect Of
spreading the fixed oosts over a larger base and thus reducing
solid waste processing costs for all of West County.
RSS looks forward to continuing the traditions of providing
excellent solid wasts service in Crockett.
Va truly yours,
Richard Grancella, Presiden
RICHMOND SANITARY SERVICE, INC.
RG:slh
cc: Members, Board of Supervisors, fax, 646-1396
Mary Fleming, Community Development Department, fax, 335-1299
Walter Botta, Crockett Garbage Company
Richard Norris, Esq.
1v M00046$\135760
0ct-31-96' 08: 31A Loeta Rogers 610-787-2429 P,431
GROCK�TT—VALONA SAN=TAFFY D=S TR�GT
P.O-BOX 578 1 CROCKETP, CA 94525
TELEPHONE (510) 787-2992
FAX (510) 787-2459
October 30, 1996
Ms. Mary Fleming
Community Development Dept.
651 Pine Street
Martinez, CA 94553-1213
RE: Solid Waste Franchise
Dear Ms. Fleming:
You have requested our comment on a request for assignment of the
solid waste collection franchise to Richmond Sanitary Service.
Although the Sanitary Board has not yet considered this matter
and has not received any written request or draft language, I am
not aware of any Board opposition in principle to an assignment
of the franchise to Richmond sanitary Service.
The next meeting of the Sanitary Board will be on November 20, at
which time the Board may consider such matters.
Sincerely," '
Robert A. Dahl
President of the Board
cc: Kenton L. Alm
Tom Powers
isbWO oe ew wntear -VOWdt J=nbltbUU, DOMPy A*b, Boa mutm, IabQt�_ o.ni. dlaphm ttw.
CROCKETT—VALONA`"'�5����TARY D=STRICT
95 OCT 22 PM 12: 57 P.O.BOX TELEPHONE(51100) 8792992
r• • FAX (510) 787-2459
D!VEI.Cr`IZENT'DEPT October 17, 1996
Ms. Mary Fleming
Community Development Dept.
651 Pine Street
Martinez, CA 94553-1213
RE: Solid Waste Franchise
Dear Ms. Fleming:
The Sanitary Board met last night to review the latest draft of a
proposed franchise .agreement between the County and Crockett
Garbage Co. , dated October 14, 1996. The Board advised Mr. Tom
Powers, representing the Crockett Garbage Co. , of several minor
changes which it feels are needed. The Sanitary Board also
voiced the opinion that the draft is very responsive to the needs
of the District which were expressed in previous meetings and
communications.
The Sanitary Board then voted unanimously to send this letter
advising the County that the Board approves of the October 14
draft subject to a few minor corrections and recommends that the
Board of Supervisors approve this "Franchise Agreement with
Crockett Garbage Company" .
The following comments outline the Sanitary Board's desire for
corrections to the draft franchise agreement:
1 . Section 23. The Board does not support wording that the
franchise fee shall be "at least 59 upon termination of the
Committee".
2. Section 13. The Board asks that the Local Advisory
Committee receive copies of the results of all customer
surveys.
3. Exhibit A. There exists a small error in depicting the
boundaries of the franchised area along Loring avenue.
4. Exhibit B. The correct rates for 45 gallon can curbside
service are $23.40 with $3.00 recycling and $26.40 total.
/embers of the Sanitary board: Jon wolthuis, Douglas Tubb, Rod Butler, Robert A. Debl, ete*en Perkins
We ask that you please forward to CVSD the meeting agenda for the
Ad Hoc Solid Waste Committee at which time the draft franchise
agreement will be discussed.
Sincerely,
Kent G. Peterson
Secretary/Manager
cc: Kenton L. Alm
Tom Powers
i
. - CAC/CMM" /3ARRA0Z SURVICE, INC.
3=64 8laaee Drive
Alehmendt CA "S"
4 'reiephoml (91*) 2624640
Octdber 30, 1996
The Honorable Jeff Smith, Chair
CONTRA COSTA COUNTY BOARD of SUPERVISORS
551 Pine Street
Kartines, CA 94553
Re: Assignment of Crockett Garbage Company Franchise
to Croc ett Garbage.-Bervi -e. Inc,
Dear Supervisor Smith:
As you know, Richmond Sanitary service's {RSS} affiliate,
Crockett Garbage Service, Inc, , has requested the approval of the
Hoard of Supervisors for the transfer of the Franchise Agreement
with Crockett Garbage Company. RSS stepped in to help out my
friend Wally Botta and the Crockett community when Wally was
unable to continue to perform the day to day operations of
Crockett Garbage Company. We have successfully managed to
perform all of the services that the Crockett, port Costa and
Torms communities expects from Crockett Garbage Company and we
are extremaly proud that we have done so on very short notice
with no customer complaints.
Once RSS b"an to help Wally out, we completed negotiation
of a sale of Crockett Garbage Company. The transfer is subject
to the Board of Supervisors' approval of the Pr,anchiss Agreement
with Crockett Garbage Company and the board's approval of the
txansfer of the franchise to Crockett Garbage Service, Inc. (the
RSS affiliate) . We have worked with your staff to prepare an
assignment document which will be before the Board on November 5
for action immediately following consideration of the Franchise
Agreement.
Your staff has made it extremely clear that the approval of
the leadership of the Crockett Valona Sanitary District is an
important consideration in whether or not the County abould
approve the transfer of the Franchise agreement. t could not
agree mora. RSS and its affiliated companies are, first and
foremost, local companies. we have accepted all of the
suggestions of your staff regarding the assignment documentation
and we ars prepared to work closely with your staff and the
�ooeuraoo4oesii�s< '
The Honorable Jef! Smith, Chair
October 30, 1996
k Page 2
Crockett, Peart Costa and Torm* communities to complete the
transition which has largely been accomplished already.
I have personally called the live members of the Crockett
V41ona Sanitary District to discuss the pending transfer of the
Franchise Agreement to Crockett Garbage Service, Inc. I spoke
with Rod Sutler, Tony Dahl, Steve Ferkinso Douq Tubb, and John
'Malthus and ouch member of the District Board was agreeable to
the tra sfer of the Franchise Agreement to the ASS affiliate,
Crockett Garbage Service, Inc. I explained in my tolephone
conversations that we would honor the terms of the Franchise
Agrasnont and work directly with the Crockett, Port Costa and
Torso communities to continue and improve solid waste services in
the area.
I sincerely request that the Board of Supervisors consents
to the transfer of the Franchise Agreement. My partners and I
look forward to serving the Crockett, Part Costa and Torso areas
for many years to come.
Very truly yo
urs,
Richard Granzella, President
CROCKETT GARBAGE SERVICE, INC.
RG:slh
vpocuaoaaeoea�ti3se� -
009 P02 OCT 31 1% 17:35
CROCKETT GARBAGE COMPANY
WO)797-2456
P.O. BOX 416
CROCKETf.CA 94525
October 30, 1996
The Honorable Jeff Smith, Chair
CONTRA COSTA COUNTY
BOARD OF SUPERVISORS
651 Pine Street
Martinez, CA 94553
Re: Crockett Garbage Company
Dear Supervisor Smith:
I hereby request that the Board of Supervisors approve the
Franchise Agreement With Crockett Garbage Company and that the
Board of Supervisors consent to the transfer of the franchise to
Crockett Garbage Service, Inc. , in accordance with the Agreement
for Assignment and Assumption of Franchise Agreement Between
Crockett Garbage Company and Contra Costa County.
I also wish to extend my personal thanks to your staff for
their hard work under difficult circumstances which allows us to
bring this matter to a prompt conclusion. The customers of
Crockett Garbage Company will be well served by the Franchise
Agreement and the Assignment.
Thank you for your consideration of my request.
Very truly yours,
Walter Botta, Proprietor
CROCKETT GARBAGE COMPANY
\DOC\R0004063\1359D3
Your Company Name - (816) 555-2121 - Created: Friday, November 081, 27199695 12:05 PM - Pagel of 1
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Consider with D. 12
11 -05- 96
Steven E. Nordin
155 Duperu Drive
Crockett, CA 94525
November 1, 1996
RECEIVEL
Clerk of the Board of Supervisors — 1
651 Pine Street, Room 106 NOV 1 1996
Martinez, CA 94553
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
Dear Board of Supervisors:
Last evening. Dan Noyes of Channel's 7 I-Team ran a feature on
Wally Botta, owner of the Crockett Garbage Company. He began the
segment indicating that a complaint by a caller had alerted them to
«'ally's negative behavior. This 63 year-old man has graciously
served the Crockett area for over 30 years, working six and seven
days per week. in a job that most consider thankless. There was
never a mention in Channel 7's character assassination of the many
positive aspects of NNVally. For example: aiding needy families
financially. providing free ' garbage service to some special case
families, delivering unwanted clothing to Crockett families with small
children. I could go on and on. I have been a close personal friend
for 25 plus years and find this action, with eight weeks left until he
retires, unspeakable.
I strongly urge the Board of Supervisors to vote in favor of the sale
of the Crockett Garbage Company to Richmond Sanitary District.
Wally deserves to be compensated for his years of service, not cast
aside.
Sincerely;
Steven E. Nordin
FR6M JSUSD-MAINTENANCE DEPT. PHONE NO. : 5107872860 Nov. 01 1996 01:40PM P1
RECEIVED
November 1, 1995
NOV I 1996
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
TO WHOM IT 1AY CONCERN: ;
Last night we watched the Channel Seven view on the
Crockett Garbage Company. It was very disturbing
to see this slanted view of Walter Botta. Walter
Botta, in our opinion, deserves some credit for his
service to Crockett. After thirty years of serving
this Community well, he should be able to reap the
benefits of his hard work by the Board of Supervisors
granting him the twenty year County franchise.
Respectfully yours,
Mr. and Mrs. Ken Tacconi
50 Standish Court
Crockett, Ca 94525
NOV-01-96 SAT 15 : 1853484 55736 510 787 1232 P. 01
RECEIVED
NOV W
148 lie Z Y e• Ro a d CLERK BOARD OF SUPERVISORS
C,r-o c k e t t , CA 94525 1 CONTRA COSTA CO.
(510) 787--3.x 9.2
November 1 , 1996
Clerk of the Board of supervisors
651 pine St. , 1st Floor
Martinez , CA 94553
Dear Gentleperaon:
Recently Wally Botta, owner-operator of the Crockett Garbage
Company, has come under criticism from XGO-TV. ( In my opinion the
"piece" they did is grossly unfair and represents the bottom of
biased journalism. ) Wally has not been charged or arrested for
anything. Despite the innuendos made by the TV people, most
people in Crockett like and respect him.
When the Board of Supervisors consider the franchise held by
Crockett Garbage I am confident they will , in their ,
deliberations , recognize the many positive aspects of Wally's
services to the homes of Crockett . Being a homeowner and resident
and voter in town, I have an opportunity to evaluate the garbage
service on a weekly basis . It is always picked up on the
scheduled day at the rate agreed. Whenever I have had a special
need, Wally has always been generous with his time and service.
As a volunteer at the Crockett Museum, Wally frequently picks up
our trash and garbage at no cost to the museum.
In any action the Board may consider concerning Crockett Garbage
I am confident that they will decide on the merits and not be
influenced by unsupported innuendo broadcast for an unknown
reason. Most people in Crockett are very happy with Crockett
Garbage. Please make this letter available to all supervisors .
very Truly Yours ,
Zit
148 Welle Rd.
Crockett , CA 94525
FROM JSUSD-MAINTENANCE DEPT. PHONE NO. 5107672860 Nov. 01 1996 06:51AM Pi
Novemb'er- 1996
Withgreat sorrow I watched the Channel Seven
slanted view about the Crockett Garbage Company.
Walter Botta deserves some credit for his service
to Crockett . After thirty years of serving the
Community well, he should be able to reap the benefits
of his hard work1by the Board of Supervisors granting
him the twenty year county franchise .
Respectfully,
Genevieve Marzi �
92 Welle Rd.
Crockett, Ca. 94525
CROCKETT GARBAGE COMPANY
•� (510) 757-2456
P.O. BOX 416
CROCKETT, CA 94525
October 26, 1996
Dear Customer:
Recently, KGO-Channel 7 News has made me a subject of a news story that will
probably begin being aired next Tuesday, It does not show me in a very favorable
k, light.
I art disappointed in myself and am embarrassed that I have allowed my health
to become a personal problem and that I tet my California Driver's License lapse, even
though my driver safety record is excellent. Rather than make excuses 1 must accept
responsibility for my all-to-human mistakes. 1 owe each of you and the entire
community an apology for my behavior. I am facing up to my errors and i am taking
immediate action to correct them.
I have entered into an agreement with Richmond Sanitary, another independent
refuse service, to address the immediate issue for interim service to Crockett. I will no
12ME be "ving thcollection truck_ Instead, I will be spending my time insuring that
the personal service, which I have provided to Crockett for more than 30 years, will
continue.
I also have been working with the Crockett-Valona Sanitary District and the
County to secure a new franchise that will assure professional low-cost service to
Crockett for the future. The new franchise will freeze collection rates at the current
level for 4 years and it will expand community service in Crockett, Port Costa and
Tormey.
With this and a permanent assignment of the franchise to Richard Granzeila and
Richmond Sanitary I will be retiring, as well as addressing health and family issues,
which I now painfully understand, i have neglected for too long.
Serving the town of Crockett and its surrounding communities means everything
to me. I sincerely apologize to you for any embarrassment I have caused to Crockett
and its citizens. I offer my sincerest apologies.
Respectfully submitted,
Wally Botta, Owner
Crockett Garbage Company
�ri.a tn. acs cam/ /:7
ELISSA D. PEDDY
58 TOST COURT, CROCKETT, CA 94525
October 28, 1996
Mr, Wally Botta
Crockett Garbage Company
P_O. Box 416
Crockett, CA 94525
Dear Mr. Bolla,
We received your fetter regarding the KGO-Channel 7 News story, and I would Uc
to express my sympathy. I don't know who called the TV Station to encourage such a story,
but if I had the opportunity I'd give him or her a piece of my mind.
if you have trouble with "health and family issues", I would never held that against
you. Of course you're human, but the real point is that it's none of my business. As
customers we have no right to investigate or speculate on your personal life; all we should
concern ourselves with is the level of service we've received. Driving the truck without a
license is illegal, but that's not the customers' problem so the customer should stay out of it.
It was obviously an ill-tempered busy body without much of a life who took the time to alert
the media to your personal affairs. I'm really tired of people like that.
I've lived in many communities with garbage services, and yours was by far the best.
You were always very cooperative and friendly, and your service always goes beyond the
call of duty. I will very much miss your services, and I'm sure that your replacement will
not live up to the standard you set.
Mr. Hotta, you absolutely do not owe me or this community an apology. We paid
you to pick up our garbage, and you did. In fact, many times you and your crew went out
of your way to pick up my garbage when I forgot to set it out, and you took more trash than
could tit in my can even though I didn't pay you extra. That is the nicest, friendliest service
I've ever experienced, and I will miss it. You don't owe us an apology; we owe you
gratitude_ Anything else which may be going on in your life is totally irrelevant to this
community, even if some jerks can't see that. I wish you the best of luck in your future
endeavors, and I hope you know that not everyone in Crockett is as small-minded, self-
righteous and interfering as the people who caused you to write such an apologetic fetter.
Thank u, and Best of Wishes.
WAUFAWRM MR SMPINK Nor,
Dear Neighbor:
By noir' you may have heard about they recent troubles of Wally gotta, owner of our local
croake:tt Garbage Company.
He has had the courage and strength of character to publicly acknowledge a personal
health problem and a lapse of judgment in allowing his California Driver's License to
expire. He has issued a public apology to our community and has entered into an interim
agreement with a reputable disposal company to insure continue uninterrupted, reliable
service.
We all snakes mistakes and most of us have a friend or even a family member who has a
similar problem.
But we don't believe in kicking a neighbor when he's down. There: are those who for
their or*n selfish purposes, may try and use Wally's troubles in an attempt to take over
the garbage collection franchises in Crockett.
Wally and his family have loyally served our community for more than 7o years. They
have put everything into building a small, local business. They aren't a big, impersonal
multinational corporation. In the last several years Crockett has experience what
happens when a corporation is too big to care about its neighborel
Wally wants to retire and devote himself to re»otving+' his personal health problem and
family issues. if his franchise is unfairly taken away because of personal mistakes he and
his family would face financial ruin.
Let's show Wally and his family that we; appreciate his decades of dedicated service. Let's
not be a town wwrithout pity and cast the first stonel
Please ca.lL write or fax the Contra Costa Board of Supervisors and the Crockett-Valona
'Sanitary District in support of Wally gotta's franchise being continued»
Supervisor Jeff Smith Clerk of the Berard of Supervisors Crockett Valona Sanitary District
651 Pine St.,Room 109-A 551 Fide St., 1 st Floor P.O. Box 578
ivrtinez,CA 94553 Martinez, CA 94553 Crockett,CA 94525
(510)646.2080 (510) 335-1900 (510) 787-2992
(5101646-1396 FAX (510)335-1913 FAX
Salle spoon Wade Nielsen Mike Demello Anthony Machado
z7mac..
Steven Nordin
T}totnWf Cortez )aokie F'�al=ncr 1. W y C►cTornasi
-----------
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-----------
-------------
NOV -'4' 1996
CLERK BOARD Or SUPERVISORS
CONTRA COSTA CO.
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RECEIVEDt.
CLERK BOARD OF SUPERVISORS' - �-
CONTRA COSTA CO.
D, 1 z
CEIVt1 `. . RE
5-
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CLERK BpARDO
_ . CONTRA Co -A CO ISORS
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November 3, 1996
Clerk of the Board of Supervisors
651 Pine St., First Floor
Martinez, CA 94553
Dear Sir:
I have been employed at John Swett High School for 38 years, serving as principal for
the past sixteen years. Wally Botta has been our garbage collector for that entire time, and I
feel compelled to write to you on his behalf.
He has driven onto our campus every day to pick up trash, negotiating a narrow
driveway which has a 90°turn, a turn which has claimed its share of scrapes and dented
fenders. Mr. Botta has never so much as nudged either the building or the wall, in all these
years. He has also entered our campus on the other side to pick up and replace large
dumpsters, again without mishap. We have students on our campus from 6:30 a.m. until
after 6:00 p.m. every school day. We have never had a complaint from students or staff
about unsafe driving, or discourteous behavior from Mr. Botta.
At John Swett, we teach students that they must be accountable for their actions, but
we also give students an opportunity to have a second chance. I certainly do not condone
Mr. Botta's driving without a license, and I regret his drinking problems. Still, this situation
should be somewhat mitigated by his many years of satisfactory service. Please do not
punish Mr. Botta by nullifying his years of good service, and leaving him with nothing.
Very truly yours,
Lynne Palmer
Principal
• • • yrs-r��r +�� s�� i,�iii'ii � i► i'�► i► i +� r
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RECEIVED
NOV -4 W
CLERK BOARD OF SUPERVISORS
--_-_ --- -- --CONTRA COSTA CO.
- a
Nov 1 , 1996
Clerk of the Board of Supervisors
651 Fine St, 1st Floor
Martinez, CA 94553
This is in reference to Mr. Wally Botta and the Crockett garbage
franchise.
Our experience with the Crockett Garbage Company since 1984 has been
very positive. Our garbage has been picked up every scheduled day
without exception. We urge you to continue the arrangement with Mr
Botta, and allow this exceptionaly reliable service to continue.
We believe Mr Bottas' personal problems can be resolved by Mr Botta,
without the Board of Supervisors taking punitive action.
Sincerely
Jack and Virginia Nelson Ken and Gayle Carleton
380 Duperu Drive 377 Duperu Drive
Crockett CA Crockett. CA
%"LA
RECEIVED
NOV {996
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
• RECEIVED
NOV v 4 19%
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
Consider with D.12
1115196
18 Standish Court
Crockett, CA 94525
November 1, 1996
Clerk of the Board of Supervisors
651 Fine Street, Room 106
MARTINEZ, CA 94553
As- long time residents.of Crockett, we wish to go on record in
support of Wally Botta's franchise being continued.
A G&LO LUCHINI
CA0
VIRGF. D. LUCHINI
CRROCMM" GA RACZ SERVICE, INC.
3260 SIUMe Drive
Ytishme red, SCA 040"
'rWephotses (3ie) 2+i2'i64o
October 30, 1996
The Honorable Jeff with, Chair
CONTRA COSTA COUNTY HOARD of SUPERVISORS
651 Pine Street
Kartinez, CA 94553
Re: assignment of Crockett Garbage Company rranchiss
to Croc ett Garbage new . ;nc.
Dear Supervisor Smith.,
As you know, Richmond Sanitary Service's (RSS) affiliate,
Crockett Garbage Service, Inc. , has requested the approval of the
board of Supervisors for the transfer of the Franchise Agreement
with Crockett Garbage Company. RSS stepped in to help out my
friend Wally Eiotta and the Crockett community when Wally was
unable to continue to perform the day to day operations of
crockett Garbage Company. We have successfully managed to
perform all of the services that the Crockett, Port Costa and
Torme communities expects from Crockett Garbage Company and we
are extremely proud that we have done so on very short notice
with no customer complaints.
once RSS began to help Wally out, we completed negotiation
of a gale of Crockett Garbage company. The transfer is subject
to the Board of Supervisors` approval of the Franchise Agreement
with Crockett Qarbaege Company and the board's approval of the
transfer of the franchise to Crockett Garbage service, Inc. (the
RSS affiliate) . Re have worked w1th your staff to prepare .an
assignment document which will be before the Board on November 5
for action immediately following consideration of the Franchise
Agreement.
Your staff has made it extremely clear that the approval of
the leadership of the Crockett valona Sanitary District is an
important consideration in whether or not the County should
approve the transfer of the Franchise Agreement. i could not
agree store. RSS and its affiliated companies are, first and
foretnoeat, local companies. We have accepted 411 of the
suggestions of your staff regardinq the assignment dacument$tion
and ve are prepared to work closely with your staff and the
�ooeua�oes>>m �c '
The Honorable Jeff Smith, Chair
October 10, 1996
Pagel 2
Crockett, port Costa and TCWX* comtauniti4a to complete the
transition which has largely been accomplished already.
I have personally called the five members of the Crockett
Vailona Sanitary District to discuss the ponding transfer of the
Franchise Agreement to Crockett Garbage Service, Inc. I spoke
with Rod Butler, Tony Dahl, Steve Perkins, Doug Tubb, and John
Walthus and each member of the District Board was agreeable to
the transfer of the Franchise Agreement to the RSS affiliate,
Crockett Garbage Service, Inc. I explained in my telophcne
conversations that we would honor the terms of the Franchise
Agreement and work directly with the Crockett, port Costa and
Torus communities to continue and improve solid waste services in
the area.
I sincerely reVest that the Board of supervisors consents
to the transfer of the Franchise Agreement. My partners and I
look forward to serving the Crockett, Part Costa and Torme areas
for many years to come.
Very truly y'&Z4*1�
,
Richard Granaella, President
CROCRETT GARBAGE SERVICE, INC.
RG«clh
tiDocuaao�o6a�ti3sesc
TJ ?
RICHMOND SANITARY SERVICE
3260 BLUME DRIVE • RICHMOND, CALIFORNIA 94806
October 24, 1996
Honorable Jeff Smith, Chair BY FACSIMILE
CONTRA COSTA COUNTY 510-646-1396
BOARD OF SUPERVISORS
651 Pine Street
Martinez, CA 94553
Re R4 C}1'?r`7?d G`?„;t ary :3a.Y k?aCTE' f'o?T1�J?I1'yJ
Dear Supervisor-' Smith:
Richmond Sanitary Service, Inc. , ("RSS") is in the final
stages of negotiations with Walter Botta, owner of Crockett Garbage
Company, for the acquisition of Crockett Garbage Company ("CGC")
subject to approval by Contra Costa County.
While RSS and CGC have discussed this possible sale in the
past, recent events. have caused us to- accelerate our discussions-
and reach an agreement. RSS- :is.:•.prepared to , take 'over all
operations of-CGC° immediately upon: receipt of necessary, government
approvals.
It is the expectation of both RSS and CGC that the franchise
agreement which has been approved by the Crockett Valona Sanitary
District will be approved by Contra Costa County. _ In that event,
the approval of Contra Costa County for the assignment of the
franchise agreement to RSS will, of course, be required. Since RSS
already serves unincorporated Contra Costa County under the terms
of a franchise agreement with Contra Costa County, we assume that
Contra Costa County has all of the information necessary to
consider this application.
It is our express intent to fulfill each and every obligation
of CGC under the terms of the franchise agreement which is
currently before the Board, including the four year rate freeze,
and to continue and expand upon the high quality of solid waste
services now offered in Crockett and the surrounding communities.
I will make my staff available to work with your staff to
provide any additional information you may require. I am hopeful
that we will be able to work out arrangements ' for utilization of
the West County Integrated Resource Recovery Facility by Crockett.
This will :increase the efficiency of the West County solid waste
MAILING ADDRESS:.P.O. BOX 4100, RICHMOND, CA 94804-0100
DEPARTMENTS: AREA CODE (510)
ADMINISTRATION 262-1640 • ENGINEERING 262-1660
ACCOUNTING 262-1680
FAX 223-1591
\DOC\R0004065\135760
Honorable Jeff Smith, Chair
October 24, 1996
Page 2
system and benefit both Crockett and the other West County
communities. As you know, an increase in the volume of waste
received and processed at the IRRF will have the effect of
spreading the fixed costs over a larger base and thus reducing
solid waste processing costs for all of West County.
RSS looks forward to continuing the traditions of providing
excellent solid waste service in Crockett.
Ver truly yours,
Richard Granzella, Presiden
RICHMOND SANITARY SERVICE, INC.
RG:slh
cc: Members, Board of Supervisors, fax, 646-1396
Mary Fleming, Community Development Department, fax, 335-1299
Walter Botta, Crockett Garbage Company
Richard Norris, Esq.
\DOC\R0004065\135760
� �►wr
AGREEMENT FOR ASSIGNMENT AND ASSUMPTION
OF FRANCHISE AGREEMENT BETWEEN
CONTRA COSTA COUNTY AND
CROCKETT GARBAGE COMPANY
Come now Walter Botta, individually and doing business as
Crockett Garbage Company, a sole proprietorship (hereinafter
referred to as "Crockett Garbage Company") , Crockett Garbage
Service, Inc. , a California corporation, and Contra Costa County,
a political subdivision of the State of California, and agree as
follows:
1. On this date the Board of Supervisors of Contra
Costa County approved the Franchise Agreement With Crockett Garbage
Company (hereinafter referred to as the "Franchise Agreement") and
Contra Costa County and Crockett Garbage Company entered into the
Franchise Agreement. A true and correct copy of the Franchise
Agreement With Crockett Garbage Company is attached hereto as
Exhibit A.
2 . On this date the Board of Supervisors of Contra
Costa County considered the application of Crockett Garbage Company
to allow the assignment of the Franchise Agreement to Crockett
Garbage Service, Inc. , a corporation which is an affiliate of
Richmond Sanitary Service, Inc. , and is owned by the persons and in
the proportions set forth on Exhibit B to this Agreement.
3 . Contra Costa County is a party to a separate
franchise agreement with Richmond Sanitary Service, Inc. , an
affiliated company of Crockett Garbage Service, Inc. , and Contra
Costa County has knowledge of the skill, financial ability and
costumer service offered by Richmond Sanitary Service under the
terms of its franchise agreement with Contra Costa County. Upon
due consideration, the Board of Supervisors of Contra Costa County
approves the assignment from Crockett Garbage Company of the
Franchise Agreement to Crockett Garbage Service, Inc. , and the
assumption of the Franchise Agreement by Crockett Garbage Service,
Inc. , subject to the terms and conditions set forth in this
Agreement.
4. Crockett Garbage Company hereby assigns all of its
rights and obligations under the Franchise Agreement to Crockett
Garbage Service, Inc. , and Crockett Garbage Service, Inc. , hereby
assumes all of the rights and obligations of Crockett Garbage
Company under the terms of the Franchise Agreement.
5. Crockett Garbage Service, Inc. , shall and does
hereby, promise to perform all of the obligations of the Contractor
set forth in the Franchise Agreement arising from and after the
execution of this Agreement. Crockett Garbage Service, Inc. , is
solely and exclusively responsible for the performance of the
Franchise Agreement from the date of the execution of this
Agreement forward.
\DOC\R0004065\135843 1
-*. ~�
6. Crockett Garbage Company shall have no liability
under the Franchise Agreement for or relating to the performance of
Crockett Garbage Service, Inc. , however nothing in this Agreement
relieves Crockett Garbage Companytof any obligations which may have
: arisen during the course of its performance under any prior
franchise agreements with the Crockett Valona Sanitary District nor
does anything in this Agreement or the Franchise Agreement subject
Crockett Garbage Service, Inc. , to all or any of the heretofore
incurred liabilities of Crockett Garbage Company, if any.
7. This assignment is in accordance with the provisions
of Section 30 of the Franchise Agreement.
8. Crockett Garbage Service, Inc. , warrants that it is
owned in the same shares by the same share holders as Richmond
Sanitary Service, Inc.
9 . Crockett Garbage Service, Inc. , has entered into an
agreement with its affiliated entity, Richmond Sanitary Service,
.Inc. , to provide such logistical support as may be necessary for
Crockett Garbage Service, Inc. , to meet all of the performance
requirements of the Franchise Agreement. However, Crockett Garbage
Service, Inc. , is solely responsible for performing all of the
conditions, requirements and obligations of the . Franchise
Agreement.
10. Section 32 of the Franchise Agreement is amended to
delete the address of Contractor therein inserted and to insert in
its place:
Crockett Garbage Service, Inc.
Attention: Richard Granzella, President
3260 Blume Drive
Richmond, California 94806
11. Crockett Garbage Service, Inc. , has expressed its
intention to seek minor modifications to the Franchise Agreement
which would not have a material impact on service or rates under
the terms of the Franchise Agreement. The modifications include,
but are not necessarily limited to:
a. Commitment of entire waste stream from the area
identified on Exhibit A to be collected and delivered to the West
Contra Costa Integrated Resource Recovery Facility under the terms
of the agreement between Contra Costa County and the West Contra
Costa Integrated Waste Management Authority and the franchise
agreement between Contra Costa County and Richmond Sanitary
Service.
b. Subject to/ the rate freeze provided in the
Franchise Agreement, adoption of a rate setting mechanism
consistent with the existing agreements between Richmond Sanitary
Service, Inc. , and Contra Costa County.
\DOC\R0004065\135843 2
C. Allowance for the imposition of late charges
for delinquent accounts.
d. Consolidation of Contra Costa County franchise
agreements for Crockett Garbage Service, Inc. , and Richmond
Sanitary Service, Inc. , with continuing recognition of the agreed
residential service and rate freeze of the Franchise Agreement.
Such consolidation would include the merger of Crockett Garbage
Service, Inc. , into Richmond Sanitary Service, Inc.
Crockett Garbage Service, Inc. , would preferred to have
negotiated the aforesaid modifications to the Franchise Agreement
prior to the assignment contemplated hereby, but in light of the
urgency of the assignment of the Franchise Agreement, and the
necessity under the Franchise Agreement that the modifications be
considered by the Local Advisory Committee, Crockett Garbage
Service, Inc. , and Contra Costa County agree to consider the
modification of the Franchise Agreement as set forth hereinabove in
good faith, after first giving the Local Advisory Committee an
opportunity to consider and comment upon said modifications.
Nothing in this Agreement obligates, or shall be construed to
obligate, Contra Costa County to agree to any of the said requested
modifications.
12 . This Agreement is the sole and only agreement among
all of the parties hereto regarding the assignment and assumption
of the Franchise Agreement. This Agreement supersedes any other
agreements and may only be amended by an instrument in writing
executed by all of the parties.
13 . Following the execution of this Agreement, Crockett
Garbage Service, Inc. , and Contra Costa County shall enter into an
amended agreement substantially similar to the Agreement between
Crockett Garbage Company and Contra Costa County to replace this
Agreement and the Franchise Agreement.
COUNTY O C NT C ST
CHAIR, B A SUPERVISORS Date
ATTEST, Phil Batchelor,
Clerk of the Board 7�
and ty mini t ator ReQ _ ende -^ val�c-t/1
Form Approved
By: �
D��uty
WALTER BOTTA, IVIDUALLY, AND Date
DB O ET BAGE COM ANY
CR K TT GARBAGE S VICE, INC. Date
RICHARD GRANZELLA, PRESIDENT
\DOC\R0004065\135843 3
EXHIBIT A
FRANCHISE AGREEMENT
BETWEEN
CROCKETT GARBAGE COMPANY
AND
CONTRA COSTA COUNTY
\DOC\R0004065\135843
FRANCHISE AGREEMENT WITH
CROCKETT GARBAGE COMPANY
CONTRA COSTA COUNTY
October 22, 1996
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I . . . . . . . . . . . . . . . . . 1
h. Designated Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
i. Franchise Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
j. Hazardous Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
k. Industrial Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
I. Infectious Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
M. Recycle or Recycling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
n. Residential Solid Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
o. 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6. EXCEPTIONS TO EXCLUSIVE PRIVILEGE . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
7. CONTRACTOR'S DUTY TO MAINTAIN RECORDS; COUNTY'S RIGHT TO
EXAMINE RECORDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . 5
8. RATES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9. RATE APPLICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10. OPERATION BY CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11. LIMITATION ON TIME AND MANNER OF COLLECTION . . . . . . . . . . . . . . . . 8
October 22 , 1996 i
12. CUSTOMER SATISFACTION, AB 939 AND EFFICIENCIES IN OPERATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
13. CUSTOMER SERVICE STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14. LOCAL ADVISORY COMMITTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
A. 1. Utilize County Rate Setting Methodology . . . . . . . . . . . . . . . . 11
2. Utilize Diversion Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
3. Method of Recycling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
B. AB 939 Implementation and Tracking . . . . . . ... . . . . . . . . . . . . . . . . . 12
1. Data Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2. Program Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15. CUSTOMER COMPLAINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16. BILLING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17. RECYCLING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
18. FREE SERVICE FOR COUNTY AND COMMUNITY . . . . . . . . . . . . . . . . . . 16
19. FRANCHISE AREA-WIDE COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
20. PARTICIPATION IN COMMUNITY CLEAN-UP PROJECTS . . . . . . . . . . . . . . 17
21. DISPOSAL AND WASTE STREAM CONTROL 17
22. MISCELLANEOUS OBLIGATIONS OF CONTRACTOR . . . . . . . . . . . . . . . . . 17
23. ADMINISTRATIVE SERVICES AND FRANCHISE FEES . . . . . . . . . . . . . . . . 18
24. HAZARDOUS WASTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
25. PRELIMINARY DISPUTE RESOLUTION 18
26. FAITHFUL PERFORMANCE BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
27. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . 19
28. INDEMNIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
a. Complete Indemnification of County . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
b. Defense of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
October 22, 1996 li
29. ATTORNEY'S FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
30. ASSIGNABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
31. INVOLUNTARY ASSIGNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
32. NOTICE PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
33. ANNEXATION AND CHANGE OF FRANCHISE AREA BOUNDARIES . . . . . 22
34. AFFILIATED ENTITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
35. BREACH AND TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
36. EMERGENCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
37. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS . . . . . . . . . . . . 25
38. AMENDMENT OR MODIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
39. POLICE POWERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
40. CONTEST OF AGREEMENTS TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
41. SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
42. WAIVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
43. SURVIVAL OF OBLIGATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
44. NEW AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
45. ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
46. OPERATIVE DATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Exhibit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-1
Exhibit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . B-1
Exhibit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1
Exhibit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-1
Exhibit . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-1
October 22, 1996 III
FRANCHISE AGREEMENT
WITH CROCKETT GARBAGE COMPANY -
1. EFFECTIVE DATE, PARTIES. This Agreement is binding between the County and
the below named Contractor and is effective on the date last signed by the parties
hereto.
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, § 40000 et seq.) and all rules and regulations adopted
under any of those sections, as such sections, rules and regulations may be
amended from time to time in the future.
C. Board. Board means the Board of Supervisors for the County of Contra
Costa.
d. Commercial Solid Waste. Commercial Solid Waste means Solid Waste
routinely originating from stores, business offices and other commercial and
light industrial sources excluding residences and any wastes from heavy
industry (i.e., ,industry that manufactures or processes petroleum, lumber,
steel, chemicals, explosives, fertilizers, gas, rubber, cement, sugar and other
such products [see section 84-60.402 of the Contra Costa County Ordinance
Code.]).
e. Contractor. Contractor means Walter Botta, individually and doing
business as Crockett Garbage Company. It is the entity which has been
granted an exclusive franchise pursuant to the terms and conditions set forth
herein. Walter Botta is 100% owner of the Crockett Garbage Company, the
operation that is providing waste collection and recycling services to the
Crockett franchise area up to the effective date of this Agreement, based on
a contract with the Crockett-Valona Sanitary District.
f. County. County means the County of Contra Costa.
g. Customers. Customers means those who receive service from the
Contractor for the collection of materials for recycling and/or for the
collection, removal, or disposal of Solid Waste, and Green Waste pursuant
to this Agreement and applicable ordinances of County, including mandatory
subscription ordinances.
October 22 , 1996 1
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
known as the unincorporated communities of Crockett, Port Costa and
Tormey in West Contra Costa County described in Exhibit A to this
Agreement with Crockett Garbage Company. The Community Development
Department may maintain six hundred (600)-scale maps reflecting the
Franchise Area. Exhibit A and/or the six hundred (600)-scale maps may 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, or 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 a proximate result of any disposal of such wastes as defined in
Article 2, Chapter 6.5, Section 25117 of the Health and Safety Code and 14
Cal. Code Regs., § 17225.32 The terms "toxic," "corrosive," "flammable,"
irritant," and "strong sensitizer" shall be given the same meaning as in the
California Hazardous Substances Act (Chapter 4 commencing with Section
108100 of Part 3 of Division 104 of the Health and Safety Code).
k. Industrial Waste. Industrial Waste includes all types of Solid Waste which
result from industrial processes and manufacturing operations and/or which
originates from such facilities.
I. 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 laboratgry 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
October 22, 1996 2
remains and disposable materials from hospital, clinics, outpatient
areas and emergency rooms, as is also defined in Section 314(d) of
the California Administrative Code, Title 17 (14 Cal. Code Regs., §
17225.36).
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 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 putrescible and
nonputrescible solid, semisolid, and liquid wastes, including garbage, trash,
refuse, paper, rubbish, ashes, demolition and construction wastes,
abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge which is
not hazardous waste, manure, vegetable or animal solid and semisolid
wastes and other discarded solid and semisolid 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 granters 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
October 22, 1996 3
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. Consistent with State law and County
ordinance, this Agreement is intended to and shall supersede the "CROCKETT-
VALONA SANITARY DISTRICT REFUSE COLLECTION AND DISPOSAL
AGREEMENT" immediately and the"AGREEMENT FOR COLLECTION, REMOVAL
4 AND MARKETING OF RECYCLABLE MATERIALS IN THE CROCKETT-VALONA
SANITARY DISTRICT" commencing September 1, 1997, or upon its earlier
termination pursuant to its terms.
5. EXCLUSIVE PRIVILEGE AND DUTY. To the extent allowed by law, County hereby
grants to Contractor the exclusive privilege and duty within the Franchise Area to
collect, and remove for disposal and recycling, all residential and commercial Solid
Waste, including recyclable materials, and to charge and receive charges therefor,
pursuant to and subject to the terms of this Agreement. Contractor promises and
agrees to perform the responsibilities and duties set forth herein.
The Franchise Area may be expanded or reduced in size by mutual agreement of
the parties, or as provided in section 33 (Annexation and Change of Franchise Area
Boundaries) of this Agreement.
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 another 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 the Non-Franchised Contractor's work such as new construction,
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.
C. Recyclable materials are accumulated for collection solely for the purpose
of contributing them to youth, civic and charitable entities.
October 22, 1996 4
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 it under this Agreement.
Contractor shall further maintain and make available to County, within 30 days of
it's request, records as to number of Customers and addresses, 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.
The Contractor shall, by May 31 of each year, submit financial and operating
statements to the County for the most recent reporting year. Such statements shall
be prepared on a compiled basis by a Certified Public Accountant (CPA) and shall
comply with requirements specified by the County.
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 (as defined
hereinbelow) 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 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
October 22 , 1996 5
Contractor's;income, expenses, assets and liabilities, "County Agent" shall mean
County employees or any 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.
a. 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
i 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. The maximum rates fixed by the County at this time shall be the
current rates set forth in Exhibit B to this Agreement. Future modifications
in said rates, pursuant to section 9 (Rate Applications) hereinbelow, shall not
require an amendment to this agreement.
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. Contractor is advised that the
y County may try to establish a common rate setting methodology for
unincorporated areas, with input from Contractor and other solid waste
collectors in the unincorporated areas.
All costs associated with County review and processing of rate applications
shall be paid by Contractor and shall be allowed as a pass-through cost in
the rate application process.
b. Not withstanding the provisions of section 9 (Rate Application), the current
rates set forth in Exhibit B will not be subject to increase for a period of four
years from the effective date of this Agreement as defined in section 1
(Effective Date, Parties). During this four year period, said rates are subject
to increase only as a result of mandatory changes in service due to changes
in federal, state or county;. laws, regulations or directives or changes made
October 22 , 1996 6
at the request. of the community; or decrease following a substantial
decrease in disposal costs as set forth in section 21 (Disposal and Waste
Stream Control). If disposal costs substantially decrease (15% or greater
reduction), County may request a rate reduction pursuant to Section 9.
It is understood that as part of the consideration for this agreement,
contractor waives any right to recover costs and/or expenses incurred or
profits not realized during the initial 4-year period, and any such costs and/or
expenses (or unrealized profit) shall not be considered for the purposes of
establishing rates upon the initial rate review (or after the beginning of year
five of this agreement).
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.
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. At least every
three years, any 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.
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 (but see also section 12.c below
regarding implementation of new programs). The date of Contractor initiated
applications shall reasonably relate to the fiscal year of Contractor and be standard,
year by year. Unless otherwise agreed by the parties, rate applications will be
submitted in June of any year and any new rate shall be applied to the September
1st billing. Such a mutual agreement on alternative rate application submittal dates
does not require an amendment to this Agreement.
In the event that the rate change that would be requested by Contractor is no more
than the change in the Consumer Price Index(CPI)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
October 22, 1996 7
of two consecutive years. Contractor shall submit a Statement of Intent to Increase
Rates at the CPI rate change to the County for review and approval at least 60 days
prior to the proposed change in rates. The County shall verify the CPI rate change
and provide written approval to the Contractor. Customers shall be notified of any
rate change at least 30 days prior to implementation.
In the event that Contractor must make significant changes in its operations or
experiences significant changes in costs or revenue not under its control,
Contractor may submit a rate application at any such time thereafter. Contractor
shall provide documentation for the need for such rate application relative to those
changes. The application will thereafter be considered by the Board.
The County may establish a unified rate setting procedure for all or a portion of the
County in which event such procedure shall govern Contractor.
10. OPERATION BY CONTRACTOR. Contractor shall furnish all necessary equipment
(excluding containers for weekly Solid Waste service, but including containers for
recycling) 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 of this Agreement, shall use trucks with covered,
water-tight truck bodies constructed of sufficient strength to withstand a fire within
the truck body and not endanger adjacent property. Trucks, drop boxes, bins, or
similar types of equipment owned and operated by the Contractor shall be kept
clean and in good repair. Contractor shall use due care to prevent recyclables and
other solid waste from being spilled or scattered during collection or transportation.
If any material is spilled, Contractor shall promptly clean up all spilled materials.
Each collection vehicle shall carry a broom and shovel at all times. Contractor
shall have its name and telephone number on the side of each truck and on each
w,n 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 its Customers. Frequency, place of pickup (backyard
service for weekly Solid Waste and curbside service for recycling, green waste and
periodic clean-ups unless otherwise approved by the County) or any other manner
of collection shall be subject to the review and approval of the Director of
Community Development. Upon c9mmencement 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 6:00 p.m. and 6:00 a.m.
(unless otherwise directed by the Community Development Director). Residents
may report,,missed pick-ups by calling the phone number provided by the
October 22, 1996 8
Contractor. Contractor shall return and make missed pick-ups no later than the
following working day.
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 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 section 7 (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, and Mandatory Subscription Ordinance.
Contractor agrees to indemnify and hold the County, the Crockett-Valona
Sanitary District and the Local Advisory Committee 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
October 22, 1996 9
in itsti,operation upon written notice from County. The notice shall allow
Contractor a reasonable period of time to implement the specified service (or
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 torecover recover its reasonable capital equipment costs and other
reasonable costs arising upon termination of the service. Rate adjustments
applicable solely to programs instituted pursuant to this subsection initially
shall Pe.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 use its best
efforts to assure that all employees, owners and partners conduct themselves in a
courteous manner. 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, plus a 24-hour answering service.
All vehicles shall be radio equipped. 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. Collection of solid waste from a subscribing
customer shall not be refused without leaving behind a clearly written explanation
of the reason on the container.
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
p¢.. customer complaints. The survey methodology, sampling size, format and 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 and the
Local Advisory Committee 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 under this Franchise Agreement, 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
October 22, 1996 10
u form and content shall be subject to the review and approval of the Director of
Community Development.
14. LOCAL'ADVISORY COMMITTEE. The Board of Supervisors shall establish the
Interim Transitional Local Advisory Committee ("Committee") and appoint four
residents and a representative of the Contractor to the Committee. The residents
shall be two members of the Board of the Crockett-Valona Sanitary District, one
resident from Port Costa and one from Tormey. The Committee at its election may:
1) review local service interests and needs, recycling and diversion programs,
household hazardous materials programs, and the performance of the Contractor
in the Crockett, Port Costa and Tormey Franchise Areas under this Franchise
Agreement; 2) participate in rate review; and 3) advise and provide
recommendations to the Community Development Department Director and the
Board of Supervisors on any such matters. The Committee at its election may hold,
regularly scheduled meetings or special meetings as may be appropriate. In all
cases, the Committee shall provide public notice of its meetings and agendas as
a County standing committee and otherwise comply with County committee
procedures. The Committee shall hold such meetings at a time and place in
Crockett convenient to the public. The Committee should encourage and solicit
public input. The Committee shall provide advice to the Board during a two year
transitional period. At the end of the two year period the Board shall make a
determination regarding the extension of the Committee for the purpose of providing
support to the County source reduction and recycling programs.
A. 1) UTILIZE COUNTY RATE SETTING METHODOLOGY -The County
shall set the initial rate for solid waste and recycling pickup. Future
rate modifications shall be reviewed by the Committee using the
methodology established by the County. Recommendation shall then
be referred to the County for decision.
2) UTILIZE DIVERSION CRITERIA - The Committee shall be
responsible for advising the Board, in coordination with the County
conservation staff, on the implementation of programs as indicated in
the County SRRE to assure that the State mandated diversion of 50%
is accomplished by the. year 2000. Due to the difficulty in
determining the exact amount of waste generated by the subject area
in 1990 and the current difficulties in tracking all waste coming from
the area due to self hauling and special non-franchised loads, the
Committee shall make recommendations on the best way to
implement such source reduction and recycling programs in their
areas, in a timely manner, on a schedule that, at least, reflects that of
the majority of the County population including the Cities and
Regional Agencies within the County.
October 22, 1996 11
3) ..METHOD OF RECYCLING (CURBSIDE/TRANSFER STATION/ETC)
The Committee shall determine, with the contractor and County
staff, the most cost effective method of accomplishing the required
recycling. Possible methods to consider are:
a) picking up at curbside different materials on different days,
b) allow for mixed curbside pickup to be sorted at a transfer
station or central sorting area or,
c) designated containers for each material to be picked up at
curbside
d) local neighborhood drop off sites for some materials
B. AB 939 IMPLEMENTATION AND TRACKING
1) DATA COLLECTION
a) REPORTS FROM CONTRACTOR TO COUNTY REGARDING
SOLID WASTE DISPOSED AND MATERIALS RECYCLED -
The County shall be responsible for obtaining reports from the
contractor that provide a breakdown by material/tonnage and
sales price of all materials recycled and of the amount of solid
- waste and green waste disposed and at what location for the,
Crockett, Port Costa, Tormey communities. Such report
information shall be provided to the County in the required
format for compilation into the Countywide recording system,
initially in the format shown in Exhibit C. The County will share
this information with the Committee to aid in program
development efforts.
b) COUNTYWIDE COLLECTION OF DATA AND REPORTING
TO STATE - The County shall be responsible for: the
collection and consolidation of all disposal and recycling
information for the unincorporated County and for collection
and reporting to each County jurisdiction of disposal
information, and for the AB 939 reporting to the State
2) PROGRAM DEVELOPMENT
a) COUNTY RESPONSIBILITY-The County will be responsible
for setting up programs in all parts of the County to meet the
requirements of the state approved SRRE. As part of that
responsibility the County will provide Source Reduction and
Recycling programs to individual communities. An example is
compost workshops. The County will also provide
October 22, 1996 12
coordination to provide for variable can rates, mini-can rates,
source reduction programs (e.g.: Shop Smart), Commercial
recycling programs, collection programs for reusable items,
develop full scale recycling programs for both single family
and multifamily residential and commercial developments.
County will provide a copy of the Annual Report which is
prepared for the State to report progress in meeting AB939
goals, as well as a copy of the County Solid Waste
administration budget to the committee, for their information.
b) LOCAL RESPONSIBILITY-The Committee will help provide
local publicity and generate local interest in solid waste and
recycling programs, provide locations for activities such as
compost workshops, determine any special needs that the
community may have in regards to solid waste pickup services,
either garbage or recycling, work with county staff to develop
"reduce, reuse and recycle" programs that will be effective in
the Crockett, Port Costa and Tormey Communities. The
Committee, using the methodology approved by the County,
will review any rate change requests and transmit their
recommendation on the request to the County and shall make
recommendations to the County on any request for assignment
or transfer of the Agreement to any other Contractor.
15. CUSTOMER COMPLAINTS. Contractor shall develop and implement policy and
procedure for responding to and recording Customer complaints, including dispute
resolution. The policy and procedure shall be subject to the approval of the
Director of Community Development. The procedure shall initially be the one
outlined in Exhibit D.
In the event that any customer reports to the County a dispute as to rates charged
or a complaint or claim for a damaged container or any other matter that has not
been resolved to the customers satisfaction, the County may require Contractor to
present a detailed report outlining the nature of the dispute, complaint or claim and
remedies proposed and action to be taken to resolve said dispute, complaint or
claim. If, in the opinion of the County, the Contractor's proposed remedies and
actions taken are insufficient to adequately resolve the dispute, complaint or claim,
the County shall meet with the Contractor and mutually agree on an appropriate
remedy to resolve the dispute, complaint or claim. The County shall maintain a
written record of all such disputes, complaints or claims and actions taken to
resolve or mitigate such disputes, complaints or claims. In the event that the
parties hereto are unable to reach agreement on such an appropriate remedy for
the complaint, then the County shall direct the Contractor to take such action as the
County reasonably believes to be prudent under the circumstances.
October 22 , 1996 13
r
:,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 will be sent six(6)times per year for every two (2) months,. unless
otherwise determined by the County. The County may establish billing period
options for Customers upon a finding that such options are cost-effective and meet
a community need. The Contractor shall provide the means for providing for bill
stuffers and information to the public on waste prevention programs. Contractor
shall inform customers individually of all rate changes, by mail, 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.
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.
17. RECYCLING. County grants to Contractor the right and obligation to operate
recycling programs, including curbside pick up 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 shall
comply with Section 5 - Mandatory Recycling of the Crockett-Valona Sanitary
District Ordinance No. 94-2. See Exhibit E.
In the Crockett area, Contractor has entered into a contract, effective March 8,
1993, with Steven A. Moore Enterprises, Inc., dba Pacific Rim, which contract
expires on August 31, 1997. Immediately following the expiration of said contract
(commencing on September 1, 1997), Contractor shall directly provide curbside
recycling services as set forth in this section, or as otherwise directed by the
County, in the entire Franchise Area.
Prior to September 1, 1997, within the Franchise Area other than Crockett,
Contractor shall provide such recycling services as may be directed by the County
from time to time.
Contractor shall request that recyclable materials be placed at the curb by 6:00 a.m.
of the day for which service has been designated for that particular dwelling.
Contractor is not responsible to pick up recyclables not placed on the curb in a
timely manner.
In the Crockett.Area, Contractor has already instituted and implemented a recycling
October 22 ,1996 14
program which includes mandatory recycling with regular curbside pickup in twenty
gallon bins at all single family residences, apartments and condominiums of at least
aluminum, tin, newsprint, glass bottles, HDPE and PET, mixed-paper, cardboard
and used motor oil, as more fully set forth in Exhibit B. The current program will be
supplemented by polystyrene, plastic film, reusables and other collections with the
implementation of this Agreement, so that,items listed in County Ordinance Section
418-10.604, as it may be amended from time to time, are collected. Additional
green waste pick ups may be added if determined to be desirable by the County.
The County has the right at any time to modify said program or require new
programs as provided at section 12.b hereinabove. At the written request of
Contractor, the Community Development Department Director may delete a material
from recycling if the Board of Supervisors determines that there is no market to
accept the material (see Article 418-10.8 for applicable exemptions and findings).
Contractor shall maintain and provide to the County records relating to its recycling
programs as directed by the Director of Community Development as described in
section 14.13.1.a.
Contractor shall provide to each household promotional information pertaining to
the curbside recycling program. Contractor shall allow County staff to review such
material prior to delivery and shall make any changes reasonably requested by
staff. Contractor shall distribute written promotional material two times per year as
necessary to maintain participation in the program and more frequently, if required
by the Community Development Director.
Unless otherwise required by the Community Development Director, Contractor
shall provide the County with quarterly and annual reports on the recycling program
which shall include:
a. Participation level (i.e., the number of residences participating in the
recycling program) based on one sample week during each calendar
quarter.
b. Quantity of materials collected, in tons, by type of material (e.g., newspaper,
glass, plastic and metal), by calendar quarter.
C. Revenues received by Contractor for each type of material and total
revenues received, by calendar quarter.
Unless otherwise directed by the Community Development Director, reports shall
be provided quarterly and annually. The quarterly reports shall be due by the 15th
of the month following the close of the quarter and shall cover the preceding three
months. For example, the first quarterly report shall be due April 15, 1997 and shall
cover January, February and March, 1997. The first annual report shall be due by
March 15 of 1997, and shall cover the preceding calendar year.
October 22, 1996 15
Contractor's provision of recycling service shall be reviewed in approximately one
year and thereafter 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
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 and 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 the County or County's ratepayers.
18. . FREE SERVICE FOR COUNTY AND COMMUNITY. Contractor shall provide Solid
Waste collection and disposal services and recycling services at those County
buildings and other public facilities within the Franchise Area as identified in Exhibit
B and as designated by the Director of Community Development from time to time,
at no charge to the County.
19. FRANCHISE AREA-WIDE COLLECTION. Unless otherwise determined by the
Community Development Director, in addition to its regular collections, Contractor
shall provide two (2) scheduled green waste curbside pick ups (bundled and tied
or boxed, no yardage limit; no plastic bags), one (1) scheduled Christmas Tree
pickup and one scheduled curbside general cleanup ( two yards, bundled, tied or
placed in boxes or trash containers). 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. Green waste shall be delivered to a composting or chipping
y: facility by the Contractor, subject to review and direction by the Community
F-,
Development Director.
Customers shall be timely notified on the dates of the scheduled green waste pick
ups, Christmas tree pickups and scheduled general cleanups. Notice shall be by
ad in a local newspaper, on the community bulletin board, with a 3 foot by 3 foot
sign, by placement of flyers on garbage cans and mailed notice to each household,
no later than fifteen (15) days prior to the scheduled collection date. The recycling
and other services provided by Contractor are set forth in Exhibit B. The scope of
solid waste collection, green waste and recycling services provided may be
changed from Exhibit B at the direction or with the approval of the Community
Development Director and without amending this Agreement.
October 22, 1996 16
20. t PARTICIPATION IN COMMUNITY CLEAN-UP PROJECTS. Contractor shall
provide, free of charge, 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 up to three (3) 20-cubic yard drop boxes per year in Crockett on
request by the Crockett Improvement Association and up to two additional pickups
in Port Costa, Tormey or Crockett, as directed by the Committee.
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. Within six(6) months of effective date of this Agreement, Contractor
shall negotiate a long-term disposal and waste processing agreement, for the
purpose of obtaining the lowest possible rates, which shall be fair and reasonable
(including allowance for the cost of transportation and all other relevant factors) and
should be subject to the approval of the County, and implementation for the period
after August 31, 1997.
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 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. At the request of the
County, 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.
Contractor shall cooperate with County in developing a process in the service area
for implementing the ordinance in it's current or future form.
October 22 , 1996 17
23. ADMINISTRATIVE SERVICES AND FRANCHISE FEES. Contractor shall pay to
the County for (a) the services provided by the County in administering this
Agreement, (b)for services and programs pertaining to Solid Waste provided by the
County, and (c) additionally as directed by the County, a percentage of its gross
annual revenues generated from the performance of such waste collection services
within the Franchise area, under this Agreement. Unless otherwise subsequently
determined by the County, the total amount for such administration services and
franchise fees shall be 3% of all solid waste bills within the franchise area,
(excluding curbside recycling until September 1,1997 when the recycling contract
terminates), for each calendar year, commencing in September, 1996. The initial
Franchise Fee shall be 3% as long as there is a Local Advisory Committee that is
acting on behalf of the community at no charge. Such percentage, time and
frequency of payment may be adjusted by County from time to time as a pass-
through. Said sums shall be payable from the Contractor to the County on a two
month basis for the respective two preceding months' billings). Such administrative
and program services and any franchise fees shall be considered a reasonable cost
and subject to °pass-through" as described in section 8 on Rates.
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 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
u 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.
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 on such interpretation,
as with any other determination by,the Director, 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, provided however, that the Board may increase this amount not
October 22, 1996 18
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 the 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, not withstanding 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 and 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 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$3 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 cant'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.
C. All 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.
October 22, 1996 19
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 and the Crockett-Valona Sanitary
District and the Local Advisory Committee 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, the Sanitary District and the Committee expressly includes, but
is not limited to, all claims, damages (including but 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 attorney's 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 attributed
to any repair, cleanup or detoxification, or preparation and implementation
of any removal, remedial, response, closure or other plan (regardless of
whether undertaken due to governmental action) concerning any hazardous
substances or hazardous waste at any 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 provided County with the highest level
of protection possible under existing and future laws.
b. Defense of Agreement. Should any party successfully challenge the
October 22, 1996 20
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, or the
sale or other transfer by probate proceeding or otherwise of a controlling
percentage of Contractor's capital stock to a person not a shareholder on the date
of the execution of this Agreement. The term "assignment" does not include
internal business reorganizations or formations of new companies by Contractor,
formation of trusts by Contractor or transfers of any interest of Contractor as a result
of death, disability or estate planning by one or more of the principals of Contractor.
Consent to assignment may not be unreasonably withheld. However, it is
understood that County's grant of his franchise to Contractor is partly persuaded
by the Contractor's financial strength and background in the field of waste
management. Therefore, assuming Contractor maintains its 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 any or all of its rights
under this Agreement without the consent of Contractor to any legally authorized
public entity. In the event Contractor herein attempts to assign or subcontract this
Agreement or any part hereof or any obligations hereunder in a manner
inconsistent with the foregoing, County shall have the right to elect to terminate this
Agreement forthwith, without suit o,f other proceeding.
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 proceedings:
October 22, 1996 21
(1) If Contractor is or becomes insolvent, files for bankruptcy, 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 30 (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 have been given if delivered personally
or ten (10).days after posted by certified mail, return receipt requested, addressed
as appropriate either to Contractor:
Crockett Garbage Company
Attention: Walter Botta
P.O. Box 416 .
Crockett, CA. 94525
Or to County:
Contra Costa County
Community Development Department
Attention: Solid Waste Program Manager
¢: 651 Pine Street, 4th Floor, North Wing
Martinez, CA 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 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
October 22, 1996 22
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 7 (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 individual's 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.
(a) Breach and Termination The Director of Community Development shall
have authority, subject to review by the Board of Supervisors upon appeal,
to determine whether a breach of any provision of this Agreement by
Contractor has occurred. Any waiver of a breach shall not be deemed to be
a waiver of any subsequent breach or to be construed as approval of a
course of conduct. In the event that the Director determines that a breach
has occurred, County shall give Contractor written notice of the breach
setting forth the breach or default. -Contractor shall have a reasonable
period to cure the noticed breach, said period 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
October 22, 1996 23
c
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.
(b) Suspension of Service Notwithstanding any other provision of this
Franchise Agreement, any suspension of service by the Contractor, other
than a suspension of service caused by an emergency (section 36), may be
deemed a material breach by the Board of Supervisors and shall be cause
for immediate termination of this Franchise Agreement
(c) Assumption of Service 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 allowable costs and expenses during such
period. The loss, if any, during such period shall be a charge against
Contractor, and shall be paid to County by Contractor on demand. Final
adjustment and allocation of gross revenue, costs, and expenses to the
period during which County temporarily assumed the obligations of
Contractor shall be determined by an audit by a Certified Public Accountant
and prepared in report form with his unqualified opinion attached thereto.
October 22, 1996 24
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,
excepting these provisions concerning County's right to temporarily assume
Contractor's obligations and to use Contractors facilities, section 28
(Indemnification), and section 43 (Survival of Obligations). 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
section 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. During the period of any suspension or
termination of the Franchise Agreement under this section, the County shall have
the right to assume Contractor's obligations pursuant to the section 35(c).
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 to or may limit County
authority pursuant to its police power.
October 22, 1996 25
40. CONTEST OF AGREEMENTS 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 of 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 negotiate 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 a 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. Contractor acknowledges that County has provided notice to
Contractor pursuant to Public Resource Code section 49520. Pursuant to said
notice and Chapter 418-7 of the County Ordinance Code, effective no later than the
effective date of this Agreement, Contractor's Franchise Agreement with the
Crockett-Valona Sanitary District is terminated and of no force or effect.
45. ENTIRE AGREEMENT. This Agrepment 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 the.effective date in
section 1 (Effective Date, Parties)..
October 22 , 1996 26
COUNTY OF CONTO'A OSTA
CHAIR, SUPERVISORS Date
ATTEST, Phil Batchelor,
Clerk of the Board
and CForm Approved
ou t Ad inistrator
By: a
DEPUTY
CONTRACTOR
Crockett Garbage Company.
By: WALTER BOTTA Date
PRESIDENT
Taxpayer I.D. No.
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EXHIBIT B
Rates and Services
MONTHLY MAXIMUM RESIDENTIAL AND COMMERCIAL RATES IN CROCKETT, PORT
COSTA AND TORMEY
RESIDENTIAL RATES
Backyard Service
Can sizes Monthly Fee: clip : Total:
20 gallon Minican $ 13.00 $3.00 $16.00
32 gallon can 17.00 3.00 20.00
2-32 gallon cans 34.00 3.00 37.00
45 gallon can 24.00 3.00 27.00
Curbside Service
Can Sizes Monthly Fee: ec in : Total:
20 gallon Minican $ 13.00 $ 3.00 $16.00
32 gallon can 16.40 3.00 19.40
2-32 gallon cans 32.80 3.00 35.80
45 gallon can 23.40 3.00 26.40
COMMERCIAL RATES
Container (Monthly Billing)
1st Pull Per 2nd Pull Per Each Additional Pull
Size Week Week Per Week
1.0 Yard $ 99.00 $ 59.00 $ 43.00
1.5 Yard 116.00 62.00 45.00
2.0 Yard 133.00 68.00 47.00
Drop Box (Per Drop Billing)
Size Max Weight Rate
10 Yard 2,000 lbs $170.00
16 Yard 3,000 lbs $240.00
18 Yard 3,000 lbs $265.00
20 Yard 3,500 lbs $280.00
October 2 2, 19 9 6 B-1
SERVICE INFORMATION
-Pick up Locations - Solid Waste is a backyard service with a curbside option at a
reduced rate for all but Minican service. Recycling, green waste, Christmas trees and
General cleanup are curbside service.
..Recycling Items -the following items shall be recycled with the initiation of the Franchise
.Agreement:
1) Aluminum cans 6) Colored HDPE bottles 11) Yardwaste
2) Glass containers 7) Steel and tin plated cans 12) Mixed paper
3) Newsprint 8) Cardboard 13) Used oil
4) PET bottles 9) Polystyrene
5) Clear HDPE bottles 10) Plastic film
Green waste and Cleanup Services:
Greenwaste pickups shall be initially be scheduled as follows;
one in the Spring and one in the Fall with a Christmas tree pickup in January.
One scheduled Cleanup shall be provided in the Summer for each customer.
Community Services
Services for the County and community facilities shall be provided initially at the following
locations:
1) Crockett Community Center
2) 10 existing public trash can to be emptied weekly and replaced with
equivalent cans as needed. In addition the Contractor shall provide for two
additional cans per year for the next three years to be placed as directed by
the Local Advisory Committee.
3) Sewage grit dumpster at the CVSD primary treatment plant in Crockett,
within 48 hours of telephoned request from Crockett-Valona Sanitary District.
4) Crockett Public Library
5) Fire stations in Crockett,,Valona and Port Costa
6) Crockett Pool
7) Three (3) 20 cubic-yard drop boxes per year in Crockett and 'up to two
additional boxes for Port Costa. Tormey or Crockett for neighborhood clean-
ups.
October 2 2, 19 9 6 B-2
EXHIBIT B
LIST OF SHAREHOLDERS
\DOC\R0004065\135843
CROCKETT GARBAGE SERVICE, INC.
List of Shareholders
Name Portion
Mario Aquilino 11%
Pina Barbieri 11%
Loyd Bonfante 11%
Joe Della Zoppa 11%
Richard Granzella 11%
Eddie Mennosse 11%
Caesar Nuti 11%
Pasquale Parenti 11%
Dennis Varni 11%
\DOC\R0004065\135843
EXHIBIT C
Reporting Forms
UNINCORPORATED CONTRA COSTA COUNTY DIVERSION DATA
.Service Provider:
Program Type:
Unincorporated Service Area:
Is the Data from an annual report (Yes or No)?
If not,which quarter of the year(e.g. 1,2,3 or 4)?
Year:
MATERIAL TYPES
ENTER TONNAGES BY MATERIAL TYPE
Abbreviations are shown in parenthesis
PAPER PLASTIC
Corrugated Cardboard (OCC): PET (PET):
Newsprint (ONP): HDPE (HDPE):
High grade (HG): Polystyrene(PS):
Mixed Paper(MP): Other(P-X):
Magazines(OMG):
GLASS OTHER WASTES
CA Redemption Value Cont. (CRV): Textiles (TX):
Other Glass (GLS): Inerts (INRT):
White Goods (WG):
METAL Reusables (REUSE):
Aluminum Cans (UBC): Other(OTHER):
Tinned cans and ferrous (Fe):
Other non-ferrous (N-Fe): Notes:
ORGANICS
Yard waste(YW):
Food waste(FW):
Wood waste(WW):
Completed by:
Firm or Agency
Phone No. Date: Page_of
C-1
Instructions for completing diversion data forms:
The attached form has been designed to assist Contra Costa County in compiling information on
diversion programs in unincorporated areas of the County. The use of these forms will aid County
staff in tracking the progress of individual waste diversion programs and unincorporated
communities., The following instructions have been written to assist you in accurate and efficient
completion of these forms:
• Service Provider: Enter the name of your company or fianchised service
provider.
• Program Type: Eater the program name(for example:curbside
collection; drop-off',greenwaste collection). Complete a separate
form for each program!!!
• Unincorporated Service Area: If possible,indicate the Unincorporated Service Area
where the materials came from(e.g. Crockett). If
specific information is unavailable,use a more general
description to identify the location or region (e.g. use
West County to identify materials collected in the
western region of Contra Costa County). Complete a
separate form for each Unincorporated Mea!!!
• On the next two lines,please indicate whether the data represents an entire year or is a single
quarter. If data is for a single quarter,be sure to use a new form for each quarter of data.
• Enter the tonnages of each material type you handle. If you have a material type that does not
appear on the list,use one of the categories fisted as"other"to report materials. For paper
grades not listed,use either"mixed paper"or"high grade paper",as appropriate.
• Use the space provided under"notes"to make any special comments about the data presented in
the form.
• At the bottom of the page write your name,the name of your organization and phone number,the
date;and the current page and total number of pages being submitted.
If you have arty questions or concerns regarding the completion of these forms,please call Mary
Fleming at(510)335-1230.
Thank You For Your Assistance!!
C-2
Exhibit D
PROCESS FOR HANDLING CUSTOMER COMPLAINTS
PROCEDURES: A standard "complaint form" is used by County staff for recording
complaints and subsequent actions in resolving such complaints. This form is attached.
Staff is first to ask whether the contractor has been called already and to direct that this
be done before the County gets involved in the complaint resolution process, in most
cases. The contractor is expected to advise customers to call the County if not satisfied
with resolution of their complaints.
1. In the event that the customer has not gotten satisfaction from the contractor, staff
will fill out the complaint form and make inquiries, noting responses and actions taken.
2. If the caller (or writer) gives a name and accepts that the County will forward the
complaint to the company for resolution, then the County will send copies to the company
and/or its legal counsel and to the Board of Supervisors Ad Hoc Solid Waste Committee
periodically.
3. If the caller demands anonymity, the County will still forward the complaint as above
but with the understanding that resolution of the complaint may be a problem.
4. If the caller says not to pass on the complaint to the Company, staff will take no
action to resolve it but merely record that some type of complaint was received
anonymously. The Board of Supervisors Ad Hoc Solid Waste Committee will be advised
of the complaint and will consider which issues should be taken up to the full Board.
5. The contractor will be sent agendas of the Ad Hoc Solid Waste Committee
meetings.
October 22, 1996 D-1
CONTRA COSTA COUNTY
651 PINE STREET,4TH FLOOR,NORTH WING,MARTINEZ,CA 94553
TELEPHONE(510) 335-1290
FAX(510)335-1299
COMPLAINT FORM
SOLID WASTE HAULER:
DATE: TIME:
PERSON:
ADDRESS:
PHONE NO.:
NATURE OF COMPLAINT:
6
CONFIDENTIALITY: Requ4sted Not Requested
D-2
W
rt
STAFF ACTIONS TAKEN (date):
VERBAL RESPONSE FROM CONTRACTOR(date):
CONTRACTOR ACTIONS TAKEN (date):
AD HOC SOLID WASTE COMMITTEE ACTIONS TAKEN (date):
WRITTEN RESPONSE FROM CONTRACTOR (date):
ADDITIONAL ACTIONS TAKEN (date):
FINAL RESOLUTION (date):
RMF1:sw-cmpin.frm D-3
820/96
EXHIBIT E
Ordinance 94-2
Mandatory Recycling
v
Section S. Mandatory Recycling
(a) Recycling of certain specified materials is mandatory,
and failure to separate these materials from the solid waste
discarded pursuant to this ordinance shall be grounds for the solid
waste collector to refuse to pick up and collect the container of
solid waste in which these specified recyclable materials are
placed. The solid waste collector may refuse to collect the solid
waste disposed of in a solid waste container where it appears to.
the collector that -there has not been a good faith effort to comply
21 islpMs\Tcs.01R\00"424.05
E-1
e -
with the mandatory recycling provisions of this ordinance. The
solid waste collector shall not refuse to collect the container of
solid waste if the materials required to be recycled constitute an
insignificant portion of the solid waste set out for collection.
Set forth below are materials for which recycling is
mandatory. Other materials may be added to this mandatory list by
resolution or by agreement with the authorized recycling collector.
Materials for which recycling is mandatory are:
aluminum
tin
plastics (HDPE and PET)
glass bottles
newspaper
waste motor oil
magazines
telephone books
green waste
mixed paper (including high grade ledger)
cardboard
corrugated container
"Aluminum" is defined to be any material which has aluminum as 75%
or more of its component parts. Except as hereinafter provided,,
any material comprised of less than 75% aluminum shall not be
required to be segregated from solid waste for disposal.
"Plastic" is defined to be any material which has plastic (PET-1 or
-HDPE-2) as 75% or more of its Component parts. Plastic material
made of polyethylene terephthalate is coded with a i set within a
medallion or triangular-shaped emblem and is known as PET-1.
22 f:%DMSVCS.DIR\0099626.05
E-2
Plastic material made of high-density polyethylene is coded with a
2 set within a medallion or triangular-shaped emblem and is known
as HDPE-2. Except as hereinafter provided, any material comprised
of less than 75% plastic shall not be required to be segregated
from solid waste for disposal.
"Tin" is defined to be any material comprised of steel which is
coated with tin by any process.
"Glass bottles" shall include any and all bottles and containers of
any shape or size made of glass. Said bottles and containers shall
be emptied of all materials and rinsed out prior to placement for
recycling collection.
"Newspaper" shall include any newsprint which is separate from
other types of solid waste or collected separately from other types
of solid waste and made available for reuse and which may be reused
as a raw material in the manufacture of a new paper product.
"Corrugated container" is defined to mean a paper board container
fabricated from two layers of kraft linerboard sandwiched around a
corrugated medium. Kraft linerboard means paperboard made from
wood pulp produced by a modified sulfate pulping process, with
basis weight ranging from 18 to ,;00 pounds, manufactured for use as
facing material for corrugated or solid fiber containers.
Corrugated medium means paperboard made from chemical or
23 F:\DMS%TCS.DIR\DD99424.05
E-3
semichemical wood pulps, straw or reclaimed paper stock, and folded
to form permanent corrugations.
"Mixed paper" is defined to mean a waste type which is a mixture,
unsegregated by color or quality, of at least two of the following
paper wastes: newspaper,, corrugated cardboard, office paper,
computer paper, white paper, coated paper stock, or other paper
wastes.
Any material which is comprised exclusively of aluminum, tin,
plastic and/or glass shall be required to be segregated from other
solid waste and placed for recycling collection regardless of the
percentage of component parts of aluminum, plastic, tin, and glass.
Nothing in this ordinance shall be deemed to prohibit any
person from donating recyclable materials (e.g. newspapers) to any
youth, civic or charitable organizations. In addition, the
District may, from time 'to time, designate any such organization or,
organizations as an authorized recycling agent. Notwithstanding
the above, nothing herein shall require either the solid waste
collector or recycling collector to treat or sort contaminated
loads of recyclables put out for collection.
(b) Nothing in this ordinance shall be deemed to make
recycling mandatory unless, and until, the District has a recycling
program or programs in operation within the jurisdictional
24 f:\DMS\TCS.DIR\0099424.05
E-4
boundaries of the District. The District may elect to implement
the mandatory recycling provisions of this ordinance on a limited
basis. The District may, in its discretion, elect to designate
certain organizations, such as The Boy Scouts of America or other
charitable or private organizations, to collect only certain
designated recyclable materials (e.g. newspaper) . In such a
situation, the mandatory recycling provisions of this ordinance
shall be applicable for those materials, such as newspapers, being
collected and recycled by the authorized recycling agent or agents.
E-5
Request to- Speak Form
( THREE (3) MINUTE LIMIT)
Complete this form and place It in the box near the speakers' rostrum
before add ' g the Board.
Name: �
1 am speaking for myself_or organlza#ion:
d wph
CHECK ONE:
I wish to speak on Agenda Item
MY comments will be: mal —for—againsi-
1 wish to speak on the sAied of -
1 do not wish to speak but leave these comments for the Board
to consider.
SPEAKERS
1 . Deposit the "Request to Speak" form (on the reverse
side) in the box next to the speaker' s microphone
before your agenda item is to be considered.
2 . You will be called on to make your presentation.
Please speak into the microphone at the podium.
3 . Begin by stating your name and address and whether
you 'are speaking for yourself or as the
representative of an organization.
4 . Give the Clerk a -copy of your presentation or
support documentation if available before speaking. '
S. ,Limit your presentation` to three minutes . Avoid
repeating comments made by previous speakers . (The
Chair may limit length of presentations so all
persons may be heard) .