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HomeMy WebLinkAboutMINUTES - 05181993 - 2.5 TO: BOARD OF SUPERVISORS FROM: VAL ALEXEEFF, DIRECTOR GROWTH MANAGEMENT& ECONOMIC DEVELOPMENT AGENCY DATE: MAY 18, 1993 SUBJECT: WEST COUNTY TRANSFER STATION SPECIFIC REQUEST(S)OR REC:OMMENDA'FION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: Enter into agreement with West County Integrated Waste Management Authority ("Authority") subject to issues identified in staff presentation. FISCAL IMPACT: Contract $80,000 maximum, $25,000 lump sum upon approval, remaining$55,000 maximum passed through. (The $25,000 may also be passed through.) JPA Portion of total JPA budget may be in excess of $80,000. A $25,000 lump sum payment per seat will be necessary upon approval. Budget is divided by number of seats. No cap in JPA. Source of lump sum fees will be Keller franchise fee. BACKGROUND/REASONS FOR RECOMMENDATIONS: On April 27, 1993, the Board of Supervisors directed staff to meet with Bill Davis and with a Board committee to resolve outstanding issues pertaining to the County entering into an agreement with the West County Integrated Waste Management Authority. Staff has met with the Authority staff on several occasions. The issues pertaining to the contract have been resolved. There are remaining issues that require policy decision from the Board. There are some key provisions that the Board should be aware of, as well. CONTINUED ON ATrACI-IMEN'I: X YES SIGNMIIJRF �� 5�" _RECOMMENDATION OF COUNIT ADMINISTRATOR RIsCOMMENDA711ON OF BOARD COMMITTEE APPROVE OTEII:;R SIGNATURIYS): AMON OF BOARD ON / k, 1 3 APPROVED AS Rl'sCOMMI-NIDtiD_Z O'II-I.,R_ SEE ADDENUM FOR SPEAKERS AND DISCUSSION. (ATTACHED) VOTE:OF SUPERVISORS I HEREBY CERTIFY 11IAT 'YETIS IS A TRUE AND CORR C`r COPY OF AN ACTION TAKIiN AM) UNANIMOUS(ABSENT ) R 'rI:RED ON 11I1s MINUIM OF ME BOARD OF SUPERVISORS ON 111E D)V11;SITOWN. AYES: NOES: A•I•ms•r1:u ABSENT: ABS'T'AIN: PI TIL BA1'CI-IELOR,CLERK OF"11 Hi BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR VA:nI 13Y �,DI?PUIT transfr.bo Contact: Val Alexcelf(646-1620) CC- County Administrator County Counscl GMEDA Departments Attachment A provides the staff recommended contract marked to show changes over the previous version. Attachment B provides the operating and construction costs for the Authority. Most issues were common to both the Contract and the JPA membership option. The final language is available for both, however the JPA issue of seats remains unresolved at this time. SUMMARY OF ISSUES: 1. JPA ISSUES a. How many Board members shall there be representing the County? One or two? County would prefer two. b. What should be the number of total members on the Board? This is not a County issue. C. Who can be a member or alternate? Members can be elected officials. County would prefer alternates who can be appointed officials. 2. CONTRACT ISSUES a. Payment of authority is capped by agreement. JPA is not capped but budget is allocated by the number of seats. 3. MAJOR ISSUES COMMON TO JPA AND CONTRACT a. Franchise. The agreement is intended to be in lieu of franchise. b. County buy in. How much money does the County owe the Authority and how shall it be paid'? Authority position is under contract $80,000 maximum with $25,000 paid in lump sum and $55,000 passed through. The $25,000 may be reimbursed on pass through as well. Under JPA buy in $25,000 per member seat with proportion of budget passed through without cap. C. Section 63. Contract and JPA preclude LUP from imposing requirements to achieve solid waste goals. However, the County is not precluded from enforcing the materials diversion ordinance, Public Health and Safety requirements, and land use controls. 4. KEY PROVISIONS a. Expansion of area. We need to be able to expand unincorporated area of West County served by IRRF subject to agreement of both parties. b. Mitigation fees. 50% of the mitigation fee is guaranteed first priority to the unincorporated area - remainder will depend upon proposal. C. Exhibit C. County identification for pass through of costs related to 939 compliance is 75% complete. What gets considered in the tonnage for mitigation fee purposes -- recyclables, concrete, compost, wood, other recoverables include all solid waste delivered at the IRRF. d. Term. The contract cannot be terminated during the first twelve months. If within the twelve-month period, financing commitments are made, the contract cannot be terminated without agreement of the lender. This is necessary for the financing. e. Waste and rate covenant. The County covenants that all waste in the unincorporated area of the West Contra Costa County Sanitary District will be directed to the IRRF; that the County's collection franchise rates will provide for IRRF fees; that an in-lieu fee will be collected from ratepayers to be paid to the Authority in the event that the IRRF is unable to operate; and that bondholders are third party beneficiaries of the contract. This is necessary for the financing. L Collection franchise. The County must deliver a franchise agreement for District area waste to the Authority within thirty days of request by the Authority. The Authority will request the franchise agreement after all cities have submitted the same. If an agreement is not provided, the County may not direct or cause District waste to be delivered to any facility other than the IRRF. The County will still be bound by the rate covenants. This is necessary for financing. g. Regulation of IRRF. The County agrees that its regulation of the IRRF will be consistent with this contract, and that it will not adopt ordinances, permits, etc., that contain solid waste management or waste diversion goals inconsistent with the provisions of the contract. However, the County is not precluded from enforcing the materials diversion ordinance, Public Health and Safety requirements, and land use controls. h. Rates. The Authority will be responsible for establishing rates. Base rates shall be uniform. Separate charges will be instituted for specialized programs. i. County fees. The County's ability to impose or collect fees at the IRRF is limited to that which is expressly provided for in the contract. The fees are subject to an annual CPI adjustment and change in law. This will limit the County's ability to impose and collect fees in the future. j. Wasteflow. Wasteflow percentages should to be monitored on a regular basis to keep track of jurisdiction proportions. ADDENDUM TO ITEM 2 . 5 ON MAY 18, 1993 Val Alexeeff, Director of Growth Management & Economic Development Agency, reviewed the staff report and recommendation before the Board. Mr. Alexeeff advised that he wished to restate the recommendation to provide that the Board this day declare its intent to enter into a contract with the West County Integrated Waste Management Authority and to request that the ordinance amendment be returned to the Board. Supervisor Powers advised that he believed the Board could move forward today, that there is agreement on the part of almost everybody that has been concerned with this matter, and that he hoped the Board could move forward today. Supervisor McPeak questioned the amount of .the rate of return on the transfer station. As requested by Supervisor Powers, Bill Davis of the West Contra Costa Waste Management Authority responded to Supervisor McPeak' s concerns. Chair Torlakson called on those who had filled out request to speak cards and the following appeared: Pinole Mayor Gretchen Mariotti, 100 Tennent, Pinole representing the West Contra Costa Joint Powers Authority, who urged approval of the agreement today. Richmond Councilman Lonnie Washington, Jr. , 345 So. 25th Street, Richmond, representing the West Contra Costa Integrated Waste Management Authority, introduced the elected representatives of West County and urged the Board to move forward and approve the agreement today. Supervisor Powers moved to approve the agreement. The motion was seconded by Supervisor Smith. The vote on the motion was unanimous . The Chair further noted that John Williams, 3260 Blume Drive, Richmond, representing Richmond Sanitary Service, Inc. ; and Beth Bartke, 274 Falcon Way, Hercules, representing West Contra Costa Integrated Waste Management Authority had submitted cards in favor of the agreement. EAJ7- 1q 7TACHI I CONTRACT BETWEEN 2 WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY 3. AND 4 CONTRA COSTA COUNTY 5 This Contract is entered into as of 1993 6 by and between the WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT 7 AUTHORITY (hereinafter "Authority" ) , a public entity Joint Powers 8 Authority, and the COUNTY OF CONTRA COSTA (hereinafter "County") , 9 a political subdivision of the State of California. 10 BACKGROUND 11 A. WHEREAS, the Authority was formed on April 2, 1991 12 pursuant to the laws of the State of California by the City of El 13 Cerrito, City of Hercules, City of Pinole, City of Richmond, City 14 of San Pablo and the West Contra Costa Sanitary District 15 (hereinafter "District") to, among other things establish 16 integrated resource recovery facilities for the benefit of the 17 . member agencies of the Authority; 18 B. WHEREAS, the Authority shortly after its formation 19 undertook the development and implementation of an Integrated 20 Resource Recovery Facility (hereinafter 11IRRF11) located partially 21 in the unincorporated portion of North Richmond and partially 22 within the boundaries of the Authority; 23 C. WHEREAS, the District has withdrawn from membership in -el 6. t V .. .... 24 the Authority �.(.::the': 'A t'. e .0 avin. 'A ....................................... anaqeMo jj.o t :0 t al'ed a 25 t... . ......W Wes $ 26 E. er:c I .'Agre embji. J:: and County has adopted County wcjpak.e 1 May 13, 1993 1 Ordinance No. 91-31, requiring a franchise from or agreement with 2 the County to provide solid waste collection service in the 3 _ unincorporated area of the County; 4 D. WHEREAS, the West Contra Costa Sanitary Landfill is ............ ......... ............... 5 scheduled to closely ; s1994 and alternative solid waste 6 management facilities must be in operation by that time to ensure 7 continued cost-effective disposal of solid waste generated within 8 the boundaries of the Authority and within the boundaries of the 9 District; 10 E. WHEREAS, the California Integrated Waste Management Act 11 of 1989 requires each city and each county in the State to divert 12 solid waste from landfills and specifies diversion goals of 25% by 13 January 1, 1995 and 50% by January 1, 2000 or face administrative 14 penalties of up to $10,000 per day; 15 F. WHEREAS, the development, financing, construction and 16 operation of the IRRF, or similar facility, is needed to provide 17 for continued disposal of solid waste generated within the 18 boundaries of the Authority and District and to comply with the 19 requirements of the Act for diversion of waste from landfills and 20 avoid administrative penalties; 21 G. WHEREAS, while the IRRF is partially located in the 22 unincorporated area, a ; ;; }11 ;',<; 18 approximately 90$ of the 23 materials expected to be received at the IRRF will be from within 24 the corporate limits of cities which are member agencies of the 25 Authority and approximately 10% is expected to be received from the 26 unincorporated area within the District and these facts mandate a wcjpak,e 2 May 13, 1993 I co-opetative arrangement between the - County and Authority which 2 properly recognizes the County's regulatory role and provides for 3 . continued development, financing, construction and operation of the 4 IRRF under the sponsorship of the Authority and regulation of rates 5 by the Authority; 6 H. WHEREAS, the Authority Board of Directors. has adopted 7 Resolution No. 92-7 "Defining Stage I of the Integrated Resource 8 Recovery Facility" which establishes the waste composition to be 9• used as the basis for design of the Stage I IRRF and the 10 capabilities to be provided by the Stage IJRRF; and 11 I . WHEREAS,, the County and the Authority intend by this 12 Agreement to provide for continued timely development, financing, 13 construction and operation of the IRRF by the Authority; to provide 14 for continued disposal of solid waste generated from within the 15 unincorporated area encompassed by. the District and for the 16 diversion of such waste from landfills through the use of the IRRF; 17 and to provide for regulation of the IRRF by the Authority in 18 accordance with the provisions of this Agreement; 19 THEREFORE, THE COUNTY AND THE AUTHORITY DO HEREBY AGREE AS 20 FOLLOWS: 21 SECTION 1 . DEFINITIONS 22 The terms defined in this Section that begin in this Contract 23 with capital letters have these meanings: 24 1 . 1 "Act" means the California Integrated Waste 25 Management Act of 1989 (California Public Resources Code Section 26 40000 et seg. ) and all regulations adopted under that legislation, wcjpak.e 3 May 13, 1993 1 as that legislation and those regulations may be amended from time 2 to time. 3 1 .2 "Agreement" means the Joint Exercise of Powers 4 Agreement creating the Authority, as it may be amended from time to 5 time. 6 1 . 3 "Authority" means the West Contra Costa Integrated 7 Waste Management Authority, a joint exercise of powers agency. 8 1 .4 "Board" means the Board of Directors of the 9 Authority. 10 1 .5 "City" means any Member Agency of the Authority that 11 is a city, and "Cities" means all of the Member Agencies of the 12 Authority that are cities. 13 1 .6 "Contract" means this contract and any amendments 14 thereto entered into by the Authority and the County. 15 1 . 7 "County" . means Contra Costa County, California. 16 1 . 8 "Geuntywide Solid Waste Management Gests" .--no 17 18 eE impiertentatien of the Ge ty— eurre ReduGtiea and ReGYG11Rq 19 20 to apaEtisulaE geegraphis-a-Eea and .-,''ieh arinGuEredas-a iia=t 21 of p epaiatien of the--^-^v ntywide—integrated Waste Management P! 22 and Geunt:y%,4de siting Element and .implementatlea of the Geuntywl 23 features of Bald Plan and Siting Element and are for ;^es that 24 d9 avt dUplisate service$ gFe Wed by--the-teetherity er a Member, 25 Gguntywide features are these pEevisigaB ef said Plan and Siting 26 Element whieh are applicable to all of Contra Gesta County. wcjPak.e 4 May 13, 1993 • 7 , 1 1 . 9 "District" means the West Gentra G96ta Sanitary 2 DiBtrz'^*- West Contra Costa Wastewater Management District ( formerly 3 the West* Contra Costa Sanitary District) . 4 1 . 10 "Fiscal' Year" means the period commencing on each 5 July 1 and ending on the following June 30. 6 1. 11 "IRRF" means the integrated resource recovery 7 facility consisting of a Central Processing Facility (PrcaeC1 8 Corit' >;;Land> > <. p ' - Us rm o >`> Y .:;:. .: CCSL Landfill;J.Processin ac �1it P;r,o csd;;:Ccunt. >>:I,ar�d;<Us: » Pxmt o : :2 4 2::>a d .... 10 R_Z.C:.:.mon.::> C4 �t. :ca,aj P mist::<Nc . >9: ::-;5. : and t . ' ri" Inter 11 Recycling Center and the lands and appurtenances, associated with 12 these facilities . 13 1 . 12 "Law" means Articles 1, 2 . and 4 of. Chapter 5 of 14 Division 7 of Title 1 of the California Government Code (California 15 Government Code Sections 6500, et seq. ) and all regulations adopted 16 under that legislation, as that legislation and those regulations 17 may be amended from time to time. 18 1. 13 "Member" means any of' the signatories to the Joint 19 Powers Agreement and "Members" means all of the signatories to the 20 Joint Powers Agreement. 21 1 . 14 "Mitigation Fees" means ho 22 fees proposed by a Member or County and agreed to by the County and . 23 Authority the use of which shall be limited to the reasonable costs 24 for mitigation of impacts reasonably related to the existence and 25 operation of the IRRF in addition to tter;`mitigation required as 26 a part of the conditions of approval and the reasonable costs of wcjpak'e 5 May 13, 1993 1 preparation of work plans, budgets and time schedules for use of 2 revenues generated by Mitigation Fees . The aggregate total of all 3 Mitigation Fees shall not exceed two dollars ($2 . 00) per ton, 4 adjusted in accordance with this Contract, of Solid Waste received 5 at the IRRF. 6 1 . 15 "IRRF Rate Regulation Methodology" means the 7 combination of guidelines for fixing rates, definition of all 8 necessary components of the rate making process, definition of the 9 types of revenues and costs that will and will not be included in 10 the rate calculation and how such revenues and costs are to be 11 computed; formula(ae) for changing rates, a schedule that governs 12 the dates by which the Authority and the IRRF owner/operator must 13 reach particular milestones and that specifies the effective date 14 for the rate change, definition of the formats that the IRRF 15 owner/operator must use in its application, definition of the 16 information that the IRRF owner/operator is and is .not required to 17 provide in its application, identification of audit and reporting 18 requirements and occurrences requiring a rate change, and other 19 information necessary to the establishment of fair and equitable 20 rates for the IRRF. 21 1 . 16 "Price Index" means the Consumer Price Index, All 22 Urban, San Francisco-Oakland-San Jose, as determined by the U.S. 23 Department of Labor or other mutually satisfactory index in the 24 event that said Index is not—longer published. 25 1 . 17 "Revenue Bonds" means revenue bonds, notes, 26 certificates e-rof participation and any other instruments and wcjpak.e 6 May 13, 1993 1 evidences of indebtedness issued or entered into by the Authority 2 and other commitmentsby the Authority, such as a Service 3. Agreement, arising from a letter 'ofcredit or loan obtained for 4 financing the IRRF. 5 1 . 18 "Solid Waste" means those materials defined as solid 6 waste in Section 40191 of the California Public Resources Code, as 7 well mss and recyclables and recoverable materials that etherwise 8 WGUld' beGGffie selid waste or- are subject to collection franchise 9 agre ements, which materials are of the variety that can be properly 10 processed at the IRRF 11 SECTION 2 . :PURPOSE" - 12 2 . 1 This Contract is entered into pursuant to powers 13 given the County and the Authority to contract with -other public 14 entities, 'within and without their respective jurisdictions, for 15 the purposes * of providing for continued timely development, 16 financing, construction and operationof the IRRF under the 17 sponsorshipofthe Authority; providing for continued disposal of 18 solid waste generated from - within :the unincorporated area 19 encompassed compassed by the District and - for', the diversion of such waste 20 from landfills through the use of the IRRF; and for providing for 21 regulation of the IRRF. 22 SECTION 3. TERM AND TERMINATION 23 3 . 1 The term of this Contract shall begin on the date 24 first written above and continue until terminated by the County 25 becoming a voting member of the Authority, by mutual consent of the 26 parties or by either party providing the other 60 days ' written wc j pak.e 7 May 13, 1993 1 notice of termination. However, this Contract shall not be 2 terminated by either party: 1) during the first twelve months after 3 - the date first written on page one of this Contract and 2) provided 4 Authority issues Revenue Bonds during said twelve months, shall not ' 5 be terminated without the written consent of the trustee, lender or 6 letter of credit bank until all indebtedness on account of the 7 Revenue Bonds have been retired. 8 . 3 .2 It is understood that in no event shall this 9 Contract be terminated if its termination would conflict with or 10 violate the terms or conditions of any Revenue Bonds or related 11 documentation including, without limitation, indentures, 12 resolutions, letter of credit or loan agreements. 13 3 . 3 The provisions of Section 6 and Section 10 of this 14 Contract shall become null and void with.respect to those portions 15 of the IRRF located within the unincorporated area which may in the 16 future come to be located within the boundaries of the Authority. 17 SECTION 4. WASTE AND RATE COVENANTS 18 4 . 1 County agrees and covenants to the Authority that 19 County shall direct all of the Solid Wastes generated and collected 20 within the unincorporated area of the District (or specified 21 portions or specified types of such wastes) to the IRRF to the 22 extent that Members (except the City of E1 Cerrito) are also 23 required, and that County, upon receipt of notice from the 24 Authority will promptly direct said Solid Wastes (or specified 25 portions or specified types of such wastes) as required by the 26 Authority. Nothing in this section shall preclude County from wcjpak.e 8 May 13, 1993 1 imposing or establishing additional incentives to meet the waste 2 diversion requirements of the Act. 3. 4 .2 County agrees and covenants to the Authority that 4 Authority may require County to include tipping fees or other 5 charges, paid . to the owner or operator of the IRRF in connection 6 with the waste streams directed to the IRRF pursuant to Section 4. 1 7 to be "passed through" to ratepayers within the unincorporated area 8 encompassed by the District and that the County will promptly 9 include said fees and charges in rates levied hed by the 10 County as collection rates as required by the Authority, in the 11 same manner and to the extent that Members are required to do the 12 same. 13 4 .3 County agrees and covenants to the Authority that 14 Authority may require County to include- .some or all of such fees 15 and charges imposed by the Authority, as may be required to meet 16 the obligation to the holders of. Revenue Bonds, to be "passed 17 through" to ratepayers ' as part of collection rates levied 18b County for the unincorporated area encompassed by I : I, Y 19 District and further to provide for payment of such fees and 20 charges to the Authority in the event the waste stream from the 21 unincorporated area of the District is at any time, in whole or in 22 part, not processed through the IRRF due to the unavailability, in - 23 whole or in part, of the IRRF to receive or process materials, in 24 the same manner and to the extent that Members are required to. do" 25 the same. 26 4 .4 County agrees that holders of Revenue Bonds, whether wcjpak.e 9 May 13, 1993 1 directly or through a representative such as. an indenture trustee, 2 be third party beneficiaries of any of the obligations of the 3 County to the Authority and that Authority may covenant with the . ......... ...................... 4 holders of any Revenue Bonds on behalf of the County to :tha.tCaun; 5 W.S:1 � perform its obligations under this Contract, to the extent 6 that Members are required to perform the same obligation. 7 SECTION 5. COLLECTION FRANCHISE AGREEMENTS 8 5 . 1 Collection franchise agreements entered into by 9 County 0�. . h . u �.r��O�pci�at�d �i7��d ©� th+£ D3st�a��t ,shall include .... ........ ..........................:..............................:..............:............::. ............:.............::.............:.......... ................................................................................................................................................................... 10 provisions which materially conform to the provisions contained in : .. . . .:.... .. ... . h. e.. e> ><:> . : s11 Exhibit Atta a «>,ted .:xet incro a : :: :.rd:.::: : ............................................................................................................................................................................................................. .................... ............ 12 reference to this—entr-ato the extent that Members and the ...................... ........... .................................. .................................. .................................. 13 Members collection franchise agreements are required to provide for 14 the same and such other provisions as may be necessary to the 15 financing of the IRRF and Members and Members ' collection franchise 16 agreements are required to provide such other provisions. . . .... . : ...:::::. : 0 .. : . .:.. p t.::.:::0... <' tt 2: : : ::::. .::::::17 : : ..... x ....................:................... : .:::. : :::::::.. .::::: ., .. .:: .. .. .... ..:. . .:. ,:,.:. :.. . ..... . .. 18 dt-f 1 at an: f o »a r a s av s n .. .. .::: ..: xom Auth::r.it ::that.::::.��.:: e#�.: .., 1, : W.0 .: h.:: a b�.a, te.:; X . .:: ....... ...::::.. .....::: :... .::: :�3::::::: ..:.:: :::.::.:.:::: ....... :.;.;;; ; .. ;..;. .. . ....:... ... .. .. :. . :. . :....: :.. :.:.::: :;:;: ;. ;;.. .:; . 9 coet : n: r.anch ..se::.::.:acemen..:s: ::.sat: .: :::Act. RR : ' 1:: c............a' 20 f> :n nc:�.r� »coi doe :::;;. i < : o d ::>:<; . »: t o : .:: ► rit sot : :::v'a::..�::.:Pilithoa�:�t�.::::::a,. ,h .:: , .: ;. : �.e:;;;;: fJ .. : : : P .:.:::.................. ......... ................................................................................................................................................................................................................................. ;:<; .... .. .. .....:<;.>:;<;;;; . ,: » > » ; ; ::;:.>;<: ,. .: :. . . ............ ... .•: .;;;;:«.;;ri 21dt�cha;:se.:;a: eement.>Wha.Ch..ats:::: ..: CC,otance;:w ;th.the:> �e >ree,;:ts:..p; J.:::...:..:::::::::::.:..................:...::::::::::::::::..::::::::.::..:.......:::.::::.......::..:::........ ............ :.:.:.....:.... ............................:............ . .....::..::..::.::.:.::.:..:.:.....: 22 Se :: fl >;>:: t t .<: a:t> > t «: c <:t 5.:..:.:t: os .:::...;:. ::..::f::.:th. : .:::CCi 4:..: t..r.::..court::: .::::a:..x.e...e .::.th:.::::. ::.::.S...n..::h.:::::::xAtE' ........... :: ,.: ; , ..: .:: : .::: .:: :::: ::..:::Y:: :g.::.::::::::::::: .......::::::: .... .................................................................................................................................................................................................................................... 2 3 co «: eot'''o c «: »' »'n;:a ica ric w> . 1:1: _a: A::a .ran.. .10...:a 000.ent: ..1 h a.s. a,:.. , c .......r..da . ;; .::.:; th..:th .:::,:9::: ..:... :::::: : ..:::::::.:.. ............................................................................................................................................................................................................................ ............. ......................................... ... . ....:.:........ . ..: .. .::.:: .... . . d.<.;t24 th deeuhav . ..: ............. ................................................................................. 25 been>; rov ded to uth,or t P ... ..::..... .......... ...... . ... .: . .......... ................................................................... ................... ......... .......................................... ........................................... 26 wcjpak.e 10 May 13, 1993 1 1 (a) 6u nt�t di.rectl i car a ttdirec:t V c$use 2 S;o, , r1 ::V-4, t enex ted; .14 ;the unincrii orated Are" of; th t? ; 9: p. . a: cr> a ec fd ; ortons:::;or s ec:z> .a ed <: es;; .o ich:> s> t e 4 de: ;vered to.an ather< ac <t '<>;;nr;;cit a s:e �v t:ed>:awa: ....tnthe. 5 RRF. cv%deel tia oint s. ta ::>not ::be;; secluded 6 ent :wes <; :<.; c o melt t e >da ver u : u et er is f> the > .`c;° ... d 7 b .: . : ::_ .e: fc.:rm >th >:: : c: + d..::: f 8 Gouxlt : t�ece.8sar o<; ulI> Count ;`a civil at: ns :;und' r' ectt 10 5> 3 > ;:Gaunt ;: and,-A hx3 t; :::ma >-oe? tract>:fo deliV+e' Drat d» i 12 SECTION 6 . REGULATION OF FACILITIES 13 6 . 1 Pursuant to Chapter 418-5 of the County Ordinance 14 Code this Contract is in lieu of a franchise by the County and M}e ..:.........: 15 Ilia +)h c the 16 COult:..,.:::;;. :.th ` : .0 c: .: . :. . : Y.;.;a 17 6 .2 County agrees to exercise its authority over the 18 IRRF in a manner consistent with the provisions of this Contract, 19 subject to applicable State, Federal and local laws and 20 requirements . 21 6 . 3 Permits, licenses, ordinances, rules and regulations 22 and any similar approvals of the County shall not contain 23 requirements pertaining to the achievement of any solid waste 24 management or diversion goals at the . IRRF, provided that this 25 Contract shall not preclude County from imposing or enforcing 26 requirements necessary for the protection of public health and wcjpak.e 11 May 13, 1993 1 safety arid;::;> nforc�n :> C,t�urtt >';5>> >N�aer ; 'Xs: D :verSiOn > ;:ClydinaAe :. 2 Pe mi_tc—i_c_sued by the L9Gal ER f9r-Gement AgeRGY shaii not �e 3 . Gensidered peEmits issued by the ^eunty to the extent that the 4 LeGal Enf urs eraent AgeRGY's--ast}ens are Mandated--by pursuant—te 5 State law GalifeEn:ia P ubliG Resesrues--cede, Division 30, P Et 4-7- 6 Chapter 2,-Artlele l�eetien 43209 erre Pe ;; <; S etl the< Cc�n; ra <::Cos: a:::;Co eaIt v c.e :>;; a e t Y :. : : :. A Y.;:.;H : Ser. s :::1J :. rant Vit... ::In: .I s. . ... ; ;::.;::.:.:. ::::.:: . .. . 8 , aO.C. a�rce e t A erxc; ; d s:3 d cc. cew':t p ... .fin ..::.:: : m.; :.::::<:g; y :. o nate. a x :a orlon.:::.::::::a.:: .: ....... :. .:.. . :: : . ::. .: : ........ t » : .. 9 h, » rovis or of Pub: c»Re cru yes><:> ode;: c +e " 3200 P.::.:. ..: .: : s .: C.. A .e.: Se :taon:: .:.: t ... ..::.: ::::: .: :: ::::::::: ................................ .............. .. .. ... . . se ss..:sa rov Sion: >:: e:: a e ed::::; t' to.: t. e r :<:< t ql,.:: P ; . s..;ar : mxtd rom..: :a.me :.. gym. :.:: e: to.:. ..... .. ...: ::.::...:..: .....:::: . .. .. i l Britt'is>< o <>i:t u t; :.:;:>::>::::: de :st: »>t <t e;::::> e e ta; POT . .::<. f.; .;<heQ n : : ::: r e..:.u...n... ::::r ood:::: hat. .h . o. r. em.:.x . : .: ..: ..:.. . y 12 not. xv auth..r . cr:..dsorea..o$t::: .: ....... o :nt .................................................................................................................................................................................................................................... 3eath Sexrcepa�tmnG oto;:.caV.40a. ;os ,ocaoarcemerzt 14 e e ::P ., ...... X. Ag n and r. uio .Resoroes Code: .PotScti.c�n: tlQtlt sq• .. 1 as. d sta . ... 0 are $m n.d+ d frog time �a times: 16 6 . 4 Any f-r-aarh1se granted by the Auther-Ity shall r-equ-*-- 17 18 fur the-pEeteetlea Of pUbliG healthand a€�e4 19 6 . 5 Any fEafiGhlse gEanted by the Autherity need net be 20 sempetitiirely -bid-wed- ut eElty-shall G9R€eF with the Ge_^*-y pE;„Y -i r---- 21 22 6 . 6 AutheFlty-will net levy an IRR' fEaeshrse res 23 SECTION 7 . RATE REGULATION 24 7 . 1 Pursuant to Chapter 418-5 of the County Ordinance ....:..:..::: :.:::...... : ::.:. :.:.....:.......:..:::....: ..::.::.::...::... ....;: .;;;:.:.:..::..;:....;........:.. 25 Code, :::: d as;»amended from>.;t:tme .> the>> ov d: prs....q ;; hs. ............... 26 add ract ;;;::;;the Authority shall review, approve and otherwise wcjpak.e 12 May 13, 1993 1 regulate the rates to be charged at the IRRF. 2 7 .2 The Authority shall establish rates to be charged at 3 the IRRF in amounts sufficient to provide for the efficient 4 operation of the IRRF Facilities, to discharge all indebtedness and 5 liabilities relating to the acquisition and construction of the 6 IRRF (including without limitation, any . Revenue Bonds issued in 7 connection therewith)., to accommodate the planning and 8 implementation of activities required by the Act and to pay any .. ........ 9 other costs or financial obligations of the Authority 'i n cicor. anco. ........... 10Seca 6 > t 11 7 .3 Authority. shall provide for payments to County as e 'E . I :I :.:;": -t 12 part of the IRRF rates in accordance with i�::*G--O. "ta' 'Ch, d. :.:::. eret b 'h pqr-O Gr-IteEla+ 13 ed 0. 0'. Of 14 /a% Geunty easts limited te; 15 ( 1) These reasenable, neGessaEy, prudeat and 16 ver-Iflable Gests aetually inear-red by the Geunty fer- serrviee� 17 rrease— -e—lated' te the Eegulatien and per-mitting of- the !RRr- 18 puEsuant to State law eE Eegulatlen previded, that said ces4-s are 19 not the respeasibility ef the !RRF ewner nor reeeverable frem &RY 20 ether- sour-Ge. 21 (2) The reasonable share ef ver-If iablre 22 Geuntywide 6911d Waste Management Gests allesable te the area 23 within the beund&Ey ef the Authority and unineerperated DistE 24 aEea whieh are not etheEwise being funded by any etheE Gounty- 25 imposed fees. 26 (b) Any Changes in Geonty e9sts feF seEv!Ges wcjpak.e 13 May 13, 1993 1 Fesulting fEem the eRaGtment ef state law er amendment thereto or- 2 regulations p em l aced- there-un-der eseerEieg after- the date of th" 3 . Gentrast-shall-a-lse be-reGeverable aspart of !RRF rates-pr-evid 4 that the er i t er la sges i led--i n Ses t iea-7 .3(a) ( 1) are stet and 5 further- grevi-ded-that-said-statutery er r-egulatery e#aegee are 6 beyend-the GestreI of the-£ ty, 7 7 .4 Except as provided in this Section 7.4 and Section 8 7 .5, IRRF rates established by the Authority to be uniform for all 9 sections of the area within the boundary of the Authority and the 10 unincorporated area encompassed by District. 11 (a) The Ae ther li;Y-may set di€€erentra l-rates f eE 12 the uainGeEpeFated aEea eneempassed by the Dlstriet it, with a- 9 13 days ef Eeeelpt ef written netifleatlen frem Authority that all 14 Member Ageneies have-Bubmitted eel-leetien € aas#lse agreements, 15 satis€aetery ter the IRRF y dees net pr^•,;^'� 16 Aut#er=ty=:rich-a sol l eet iea--f raee#rse--agreefent wh i eh-i s-i n 17 aGeer�w-it„ the regeirements-v -est4:ea --ef-t ,=s entrQe t. 18 TIS--Eeanty-agrees that, in the event- of 19 20 €ranGhlse-agreemenWh!Gh is in aGeeFdanee with the ;Eeffie }c ^� 21 22 e aoee-de=i ve Ey e f Solid Waste (er sge4i f}ed-pert l ears ez s peG; fi;e4 23 types of sueh--Waste) as identified bythe #artheEl-ty,---te--be 24 del lured-team-ether fas i t i-ty-er-e the rw i 25 26 i neent-i ve s tom meet-the--di vers ieR r-egei rement s of the-ice. wcjpak.e 14 May 13, 1993 1 (2) Any di fffirent 'l l rate e i ab7 ' hors c nt 2 3 4 5 have been paid had the Gol-leetien. franehise agreement been 6 re ived-.-- 7 (b) The Authority may set differentia=--rakes €ter 8 9 10 11 12 13 14 15 €rem the unineerper-aced D!Btrlet area16 ( -};(< j The Authority may set differential rates 17 for .the unincorporated area encompassed by the District to collect 18 County's fair share of the Authority's costs incurred in 19 development and implementation of the IRRF from Solid Waste 20 delivered to the IRRF from the District area to the extent that 21 County's fair share of such costs is not paid by the financial 22 contribution received from County pursuant to Section 19 of this . 23 Contract. County's fair share of such costs shall be ten percent 24 ( 10%) of the total costs incurred by Authority in development and 25 implementation of the IRRF .%c .:c ma zmuM.:6 �atg�ty Thqusartd I�o�.Iars; 26 wcjpak.e 15 May 13, 1993 ,.:::::.............: . ..: 1 (b;); ;';;The;;Authoz t . may;: set: ;:t�'S:ferentalrate;:;for Y ...... . 2 ;Ca:re ::Lh n:<::>the::;:bo:undaa�a es::::: .Of : Ghe: A .thorS.t;.:::::::a.s:;;::n.ee:e.s.sar. :::::.:ta . . . . ......::.:.: Y. ..... . :.. . .. «<. . 3 re tabu .se Member. :> f� ancia ::: ccs tribute on<:to< :t th r t ...... .... . ................ .. . . . ................................................................................ ............................ .:... 4 : c The :Auth4r t >> ma set: d ferent ::a .:..rates.::.x or .... ................. .................. .................................................:................. ..........................................:................. 5 iv> ua ;>: e be s nec ss o><:; »>:< » os r > > s:na ca1. endd .. M m: : rs::.;;a e:: < . :: . : :. the::::.;«.; ;.;;o: .;.;:.; . . �<. . . .. p Y.... . . ... 6 '61A a.t1or s incurred >b : Authara:t :ar solid::..waste rc�. rams 9 : Y. Y .. I J.; .. ....... ..... ..... .. ... ............ .. ........... . .... 7 de ake uarst o a is><: tw he;.> ut o -; d be un:. rt n urs t:o: :c .ntr .c.....:.. be: een;.. t . .: ;h . Y.<.: a .. �..... ::.. ::: ...... .... ................ .... . ..... ..... ........ 8ndrlua ;: Memlaers;; ; 9 7 .5 Reasonable, necessary, prudent and verifiable . ........ ....... 10 costs or financial obligations incurred by the Authority may ska 11 be included in the IRRF rates provided that costs or financial 12 obligations allocable to solid waste programs that may be 13 undertaken in the future by the Authority solely on behalf of a 14 Member shall not be included in IRRF rates chargeable for Solid 15 Waste received from the unincorporated District area. 16 7 .6 Costs incurred by County which are not Geuntywl 17 provided for in Section 7 .3 0 18 Se4. o'n <7< '�; of this Contract shall not be included in IRRF rates .... ................. ................ .......................................... .............................................. ............................................ chargeable for Solid Waste received from Members. '' s' ........ c 19 char r, �+oo g ......................... .............. :.::.:<.; ...;<:::;;.;< ::. 20 th8 t >; >: 4 ::; ..the.>:<:> ur cse .::::0. ::::: .:: .5 :. + Xlt R. : ..,.::.::: . :e�t1e.::::m ►:::: ... . , •:..... .:. :::: : . . .:: P::.:..�: ., .. .......:...... .:: .:. :::Y ..: ::::::,:::. ::: ..:.:::::::::, 21 aunt the o erator n :ac o;rdanoe: with; tl�e:;:;re u remen:ts:::a ;:.t. e by p .... ..... c: :: ::: q: ...::. .:. t 22 and: use » erma:>ts.: issued::>b: :> > he Noun dor ..the.. ...Ae�..... ... P. ... .. . ......... ::::::: Y:::: . : 'J .. :.:..:: . .::: ::. :.::.:::::: : :. . . ... . . 23 o ::.:cos: c v: theuna; cor orate . area ..are:.:n.. .:::: :: s .,a, .:erre .' . :. C.;u :::: p �': ' :. 24 7 . 7. County and Authority costs incurred pursuant to any 25 other contract(s) that may in the future be entered into by County 26 and Authority may be included in IRRF rates as provided in the wcjpak.e 16 May 13, 1993 1 terms and conditions of said- future contract(s) . 2 7 .8 Authority agrees that IRRF rates will be` subject to 3 regulation by the IRRF Rate Regulation Methodology approved by the 4 Authority Board of Directors which has been developed in 5 consultation with County. - 6 7 .9 County acknowledges that It; aeaha Chapter 7 418-5 of the County Ordinance Code will need to be amended to $ implement this Contract ter a 3„; w. Au h r ;t .,:fie :u ton::c;0 < A, -e ;:the «.;;:;......... .... .................. 9 t;iurit and will use its best efforts to enact said amendments as 10 soon as possible. but not lateE than june 1, 1993 to provide feE 11 timely imp lementatien e€ the !RRF. 12 7:>r:1t1: >s:;:U tn::::mu:txa3:<:>:a r:+ eme :> <;:«ante; Ruth t 3 trenoxet anti aspht::. ected t + L+�CG;3L 14 n. : :; ............... ciiE; s ► :. + c ,i< . .: .P ...: . + rt., Ccsur� tIP. : .t5 .::: 2 ..:. ::.t ►e 1 5 t: o3~at�c :< a ma me::: <fo11 ws t »da UIQ_.:X1 O. p...::...::..:.....::: .:. 0.::::.. 1I.. :...:::. #1 ? ::... :::;:.;:: 1. . _ .......... _.............._..._.... ......................._....... .................................. 16 d" a . ...#1. pact be eem 'otxt;;> :te: u a .: n > •. . . .:.:.:::. e.g : : tc ..:::un: 17 SECTION 8. FAILURE TO MEET WASTE STREAM - DIVERSION 18 REQUIREMENTS 19 8 . 1 County acknowledges that it has reviewed ,Authority 20 Board of Directors Resolution No. 92-7 .and is satisfied that the 21 Stage I IRRF, as defined in Resolution No. 92-7, can reasonably be 22 expected to achieve, in conjunction with other actions by County, 23 compliance with waste stream diversion requirements applicable to 24 the unincorporated District area. 5 8 .2 In,. h ; ° .ven _ <;;::<CaI orna:::_:<>I:nte ra ed : W to 9 >�;. 6 man men , Board;:detema�na i on;;;:<r ; : a ur.e >:.trr> ;meet waste ::>steam wcjpak.e 17 May 13, 1993 t 1 d v;ersian requ semen s: ox<. ;I e;; ni coacpgzated area, � the Authority ......... .. ..... . ............. ..... 2 shall be entitled to cause the waste streams from the 3 unincorporated area within the District that are directed (or which 4 are required by the Authority to be so directed) to the IRRF to be 5 monitored by County pursuant to procedures approved by the ......... . .......................... .............. .......... ......... . . ......................... . .. 6 Ca 'foZ.1a I e ` ate Wa te.; a ' a ent Board in order to determine <...:;a;.: : g ; ; : cl;;.; . s:::: m : ACI. ; .;. .......... . .............................. ........................................................................................... . . < .. .. .... .... ;: :. . . . .. ;<. . .. 7 whether Cox];ecta;t� : <: >setri> ;<:c� :eZit :a:i1s; :: rtdltrr ; ro :am :::> re;> ;t' e. .....: ::.:::::.....: Y.;;;;;:..:;;;;;;:.;;:;:..::......:.... ............................ . .:..:.:.::::..... P..:..;:> ::.:«.:: :: ................................................................................... .......................................................... .................... ............................... ..................... :.... .... ................ .............................................. 8 Cause' s; ;» of > failu"a. t :>:Brie :'' federal or state waste diversion ........................( ... .::.:; :. ::.; . 9 requirements r ;t ;' :e >> tnncor orated ............................ ; 10 DUS . ... ..tr........ ........... <..ct: 11 8 . 3 If the waste stream diversion for the unincorporated 12 area within the District fails to meet the requirements of the Act, 13 Authority' s responsibility to County for liabilities, damages, 14 criminal and civil sanctions and costs and expenses which are the 15 result of performance or non-performance of the IRRF shall be as 16 set forth in Section 14.3 of this Contract. 17 SECTION 9 . DISPOSAL OF IRRF WASTE STREAM 18 9 . 1 The waste stream from the IRRF shall be disposed of 19 at the most cost effective landfill. 20 9 .2 The Authority shall determine the most cost 21 effective landfill to receive the waste stream from the IRRF. In 22 making this determination, the Authority shall consider all , 23 relevant factors, including but not limited to, transportation ................................................ 24 costs, closure and . post closure requirements; ;r........... ;; oSt ; ;;;aid ................................................... ....................... .. . ........... 25 ab �:�,;t 6:9" disposal fees, fees levied by governmental .......................................... 26 entities and costs of compliance with County ordinances and wcjpak.e 18 May 13, 1993 I requirements affecting the disposal of IRRF waste at in-County, 2 landfills . Both - short and long-term potential posts shall be 3 considered by the Authority. 4 9 . 3 The Authority agrees that, after consideration of all 5 relevant factors, landfill(s) within -Contra Costa County will be 6 used provided that such in-County landfill(s) is demonstrated to 7 favorably compare in total cost to alternative out-of-County 8 landfill(s) . 9 9.4 Agreements for export of Solid Waste to out-of-County 10 landfills shall include provisions for: 11 (a) Termination at the sole discretion of the Authority. 12 at the end of two (2) years after the start of commercial operation 13 of the IRRF and thereafter at the end of each .subsequent five (5) 14 year period. 15 (b) Monitoring the location and costs of disposal. 16 (c) Passing ori to the users of the IRRF any cost savings 17 resulting from lower costs. .......... d .... ........ 18 U 19 4s ,p_ Ur s _Uk ..... ..... 20 9.5 Authority will, not - less than 1-year , prior to the 21 expiration of the time periods specified in Section 9 .4(a) initiate 22 a review and verification of the total costs of in-County and out- 23 of-County landfills and shall make the determinations required by 24 Section 9 .2 and Section 9. 3 not less than 90-days prior to the 25 expiration of the time periods specified in Section 9 .4(a) . If the 26 results of the Authority review disclose that total costs for use wcjpak.e 19 May 13, 1993 f I of out-of-County landfill(s) is 95% or more of the total costs for 2 use of in-County landfill(s) , in-County landfill(s) shall be 3 afforded adequate opportunity to match or better the proposal by 4 out-of-County landfill(s) . 5 9 . 6 The County and Authority recognize that if the Authority 6 exports Solid Waste, agencies outside of Contra Costa County may be 7 allowed to dispose of Solid Waste at Keller Canyon Landfill, and 8 that as a result, the County shall have no obligation to provide 9 capacity for Solid Waste from the IRRF. County agrees that any 10 entity outside of Contra Costa County delivering Solid Waste to 11 Keller Canyon Landfill shall pay rates at least as high as those 12 imposed on-Contra Costa users and abide by all requirements imposed 13 on Contra Costa users. County and Authority will comply with all 14 applicable laws, including the Interstate Commerce Clause of the 15 U.S. Constitution, Conditions No. 5.2 and 9 . 3 of Land Use Permit 16 No. 2020-89, and the daily tonnage limitations in the Solid Waste 17 Facilities Permit applicable to Keller Canyon Landfill. 18 SECTION 10. PUBLIC OWNERSHIP POTENTIAL 19 10. 1 In the event that the unincorporated- land on which 20 the IRRF , or any portion of the IRRF, is located becomes publicly 21 owned by the Authority, the Authority and County shall negotiate 22 and enter into appropriate agreement(s) providing that such public 23 ownership shall be revenue neutral to private ownership with 24 respect to tax revenues that would otherwise accrue to the NeEth 25 evele�ent--AgeRGY, <C0ntt ;:Cost ;;;Co ftt t ;Redeye.;>aP,me t 26 A enc: ;No; ;;th;:: R : hmt nd; 4; 6'+Ct; the County and Special Districts . g.; .... ..... wcjpak.e 20 May 13, 1993 I No new agreement(s) need be entered into between County and 2 Authority to the extent thatother agreement(s) are then in place 3 which adequately protect the County's interest in said tax 4 revenues . Nothing in this Section 10 shall prejudice in any manner 5 the rights or activities of any Member to acquire any portion of 6 the IRRF. 7 SECTION 11 . IRRF MITIGATION FEES 8 11 . 1 Subject to the provisions of this - Contract, Mitigation 9 Fees shall be 'Collected in IRRF rates and all amounts collected 10 shall be placed in trust for exclusive use :,;:in the area impacted by 11 the existence and operation of the, IRRF. 12 11.2 Prior to the expenditure of any amounts collected as 13 Mitigation Fees, the, County *and -any' other party proposing 14 Mitigation Fees shall provide the :Authority with a . .... ..... MPOC 15 ... budget, scope of work and time schedule which 16 identifies the use of Mitigation Fees, cost of service to be 17 provided with said Fees, and' the area impacted. 18 11.3 The County and any other party proposing Mitigation Fees 19 shall provide the Authority with' a proposed budget, scope of work 20 and time schedule which identifies the use of initial Mitigation 21 Fees, cost of service to be provided with said Fees, . and the area 22 impacted. The County and any other party proposing Mitigation Fees . 23 shall annually report to the Authority on the uses of Mitigation 24 Fees in comparison with the budget, scope of work and time schedule 25 established pursuant to Section 11.2 and any changes in work plan, 26 budget or amount of Mitigation Feesplanned for the next ensuing wcjpak.e 21 May 13, 1993 1 period. Said reporting shall be coordinated with the schedule 2 established for IRRF rate adjustments. 3 11 .4 The County and Authority agree to review, annually or at 4 such other times as may be agreed to by the parties, the budget, 5 work scope, and associated Mitigation Fees to determine the need 6 for revision, if any in said budget, work scope and Mitigation 7 Fees . Authority agrees to include this provision as a condition 8 precedent to inclusion of Mitigation Fees proposed by other parties 9 in IRRF rates. 10 11 .5 The County agrees to depositrevenue received as 11 Mitigation Fees into a segregated account to be used only in 12 accordance with the provisions of this Contract and the budget and 13 work scope established pursuant to this Contract. Authority agrees 14 to include this requirement as a condition precedent to inclusion 15 of Mitigation Fees proposed by other parties in IRRF rates. 16 11 . 6 Authority shall not be obligated to include any 17 Mitigation Fees ' in IRRF rates in the absence of the budget, scope 18 of work, time schedule or identification of the area impacted 19 required by Sections 11.2 or 11 .3 or in the absence of the reports 20 required by Section 11.3. 21 11 .7 Authority shall not include any Mitigation Fees requested 22 by a party in IRRF rates upon Authority's finding of failure of 23 said party to materially comply with the provisions of this Section 24 11. 25 11 . 8 The aggregate total of all Mitigation Fees set forth in 26 Section 1 . 13 shall be annually adjusted from July 1, 1992 by the gcjpak.e 22 May 13, 1993 1 percentage change in the Price Index, July to July, or other such 2 time period as required by the IRRF Rate Regulation Methodology. 3 An example calculation is provided in Exhibit BaCh e:d;; hee ';ad ar <rtec; h± rzn>b 't�ts ' eren: k„ �.,,,,+r...,. sha >>>ab.ta x n Vie: dv : :<> dthneve .ue.s. :.c.o:uvsdn ;; t ... dor:uee in the ung ncorpotatecl area. S �dtdva,C shat : cons int . .:: aas . : . o8 Aro p g u .: b dget dor ase: c en ::;: n st: of sr�r � ta..Y . prc�vdeda t 10 sa 'c; < + venues '' u ;:>o: e:. 03 _......._....... ..... _ . _....._............. ..... . P,:: :::: :::.: 2rne >;:> c3< eta:;a. ::>::>.Ma o :::::::Fe >: a be;. a >> n ..:: . .: :. tc ::. 13 mttn:>> :-flf><><: ::m a s:;:.:;:c2cux 144, >;<<a a: s .... ................................................ 14 A th4 y and County h � , ;.:Via..:•tie.:;: ;:n ces a y,.:.+ W esti 5 laeio .teso Bse'o kt . rema �.ng percept0 16 SECTION 12 . AMENDMENTS 17 12 . 1 This Contract constitutes the entire agreement between 18 the parties and may only be modified by a written amendment duly 19 authorized and executed by the parties which meets the requirements 20 imposed by the terms and conditions of Revenue Bonds and related 21 documentation including, without limitation, indentures, 22 resolutions, letter of credit agreements and loan agreements. 23 1.2 .2 No oral understanding or agreement relating to this 24 Contract no incorporated herein or by amendment pursuant to Section 25 12 . 1 shall not be binding on any of the parties. 26 SECTION 13 . NOTICES wcjpak.e 23 May 13, 1993 .1 1 13 . 1 All notices to either party by the other shall be 2 made in writing and delivered in person or by facsimile 3 transmission or mailed to such party at their respective addresses 4 as follows or to other such address as either party.may from time 5 to time designate in writing to the other party: 6 AUTHORITY: 7 8 West Contra Costa Integrated 9 Waste Management Authority 10 One Alvarado Square 11 San Pablo, California 94806 12 13 Attention: Executive Director 14 15 16 COUNTY: 17 18 Contra Costa County 19 651 Pine Street, 11th Floor 20 Martinez, California 94553 21 22 Attention: Chief Administrative Officer 23 24 13.2 Service of notice pursuant to this Section 13 shall 25 be deemed complete on the day of service.by personal delivery or by 26 facsimile transmission or five (5) days after mailing if deposited 27 in the United States mail . 28 13. 3 Each party shall notify the other party in writing 29 of its official telephone number and facsimile number within five 30 (5) days following execution of this Contract and shall thereafter 31 notify the other party of any change in said telephone or facsimile . 32 numbers . 33 SECTION 14 . ' INDEMNITY 34 14 . 1 GeuF ty shall l^deffi i fy held harF 7 a and s »mom+ t 35 defense—ef, in any--aetleas at law eEn equity, the Autheri}y, ; } Wc]pa[.e 24 May 13, 1993 I 2 beards, frOM all GlalffiS, losses, damage, ineluding property damagei-r 3 personal lnJurY,— }nelUdiRg death,, and liability--e€ every kid- 4 5 6 7 9f the Gounty' s 8 9 14 ebligatleas eff the Geunty eE the Gqunty's 11 under this GentEaet-. 12 14 .2 AutheElty shall indeFanify, held harmless and 13 assufne the—defense—eff, in any--aetlens—at .law—ems in , the 14 i rs,--' erapleyees, —agents, and elestive and 15 1s pv9perty damage, persenal injury, inGluding death, and liability—" 1? . 18 : aGt&9R of the—AutheElty 9E any--perB9H -direetly—er Indireet3m 19 empieyed -b�,—er aeting as agent fer-- Authority,--di=eetly, eE 20 21 Authority under- this GentraGt. 22 14,14 Authority shall indemnify and hold harmless the . 23 County, its officers, employees, agents and elective and appointive 24 boards, for all administrative civil penalties imposed pursuant to 25 Sc %t4; the Act, which are in whole or in part due to the 25 acts or omissions of the Authority and/or the IRRF operator, wcjpak.e 25 May 13, 1993 1 provided, however, this obligation shall be specifically limited 2 to: 3 (i) Payment of only that portion of those 4 administrative civil penalties actually imposed on the County which 5 are allocable to the unincorporated area within the District, and 6 ( ii) Payment of only that portion of those 7 administrative civil penalties specifically attributable to a 8 failure of the IRRF resulting from acts or omissions of the 9 Authority; and the Authority shall have no liability for failures 10 in performance of the IRRF resulting from: 11 (a) variations in quantity or composition of 12 Solid Waste delivered to the IRRF; 13 (b) events or circumstances, including 14 contractual arrangements; occurring in the system for collection 15 and delivery of Solid Waste to the IRRF; 16 «<: 17 "< e ...: .........:........................:.:..................................................... :::,:.................:.:.;; .:........::.::...... .................:..:.... 18 » co s;; uh' 'scota <'su:c ;d:3C t l.CQ;3a .yIld �1:;:.::.;:.: .;;;;;:«.;:.::.; , .w we en .r gY . .:. ::::19 tG <q.de .......:.................... . . ......... . ....... 20 hoage; > :etc;:;;:: 21 ( 4) Lack of markets for materials recovered 22 at the IRRF; 23 ( iii) With respect to acts or omissions of the 24 IRRF operator, enforcement of the contract(s) between the Authority 25 and the IRRF operator and conveyance to County of any amounts which 26 are the responsibility of the IRRF operator td ; <;sI; GcnttaC P ... ........... wcjpak.e 26 May 13, 1993 1 but not paid by the IRRF operator,--and-aGtualiy 1 by the 2 Authority on behalf of Ceunt-y. 3 14 .4 AutheElty shall net be responsible-in any manner for 4 payment of administEative civil penalties liapesed pursuant -to 5 Beet l en 41813 e€ A-t v 6 14 .1-5 With regard to ;;;;duty of the Authority to 7 indemnify the County pursuant .to Section 1.4 . 3, County shall notify 8 Authority in writing, within five (5) working days of receipt of 9 any notice from the California Integrated Waste Management Board of 10 any deficiency which County contends is specific to the performance 11 of the IRRF and provide Authority with a legible copy of the 12 California Integrated Waste Management. Board notice, of deficiency. 13 (i) Failure of County to provide said prompt 14 written notice to Authority shall relieve Authority of aay 15 liability for subsequent administrative penalties , unless Geunty 16 demonstrates that the nGtiGe delay did not pEejudiee the AuthqEl-ty manner- 0 1? 3„ ,,any ...te . rt th :.,ALt4: +' h ::> ::.p + uca 18 s ' ': riitfcckSo3 19 (ii) Authority and County agree to co-operate in 20 responding to any notice of deficiency. which is specific to the 21 performance of the IRRF. . 22 (iii) Authority agrees to comply with any , 23 compliance order which is specific to the performance of the IRRF 24 and duly issued by the California Integrated Waste Management Board 25 pursuant to Section 41850 of the Act. 26 14 . 3b Authority shall have the right to represent We]pak'e 27 May 13, 1993 1 itself in all matters including, but not limited to, public 2 hearings . 3 SECTION 15. ASSIGNMENT 4 15 . 1 This Contract shall not be assigned to any 5 third party without the prior written consent of the other party 6 provided that no assignment of any kind shall occur that does not 7 meet the requirements imposed by the terms or conditions of all 8 Revenue Bonds and related documentation including, without 9 limitation, indentures, resolutions and letter of credit 10 agreements . 11 SECTION 16 . RESOLUTION OF DISPUTES 12 16 . 1 County and Authority shall continue to perform 13 their respective obligations pending the resolution of a dispute. 14 16 .2 First Procedure 15 (i) Upon the occurrence of a dispute between County 16 and Authority which cannot be resolved informally, each party shall 17 designate one,.-representative who shall meet for the purpose of 18 resolving said controversy or dispute. 19 (ii) If the matter is not resolved, or provision for 20 further meeting(s) is not made, at the meeting referred to in 21 subdivision (i) of this Section 16 .2, either party may, within 22 three business t h. days after the date of such meeting, submit 23 the matter to members of the governing bodies of the Authority and 24 County for resolution. 25 16 .3 Arbitration 26 ( i) If the matter is not resolved, or provision for wcjpak,e 28 May 13, 1993 I the further meeting(s) is not made, at a meeting of the members of 2 the governing bodies of the parties or said meeting is not held 3 within sixty (days) following submission of . the matter pursuant to 4 subdivision (ii) of Section 16 . 1, either party mayi within h* 5 three basiness days after the date of such meeting or expiration of 6 the sixty day period and following notice to the other party, 7 submit the matter for resolution on an equitable basis ,by a single 8 arbitrator under the commercial arbitration rules of the American 9 Arbitration Association. The arbitrator's decision shall be final 10 and binding upon the Authority and County. 11 (ii) The Authority or County may enforce any award, 12 order or -judgement of the arbitrator in any court of competent 13 jurisdiction. 14 SECTION 17 . SEVERABILITY 15 Should-any part, term or provision of this Agreement ment 16 be decided by A final judgement of a court or arbitrator to be 17 illegal or in conflict with any law of the St ate of California- or 18 otherwise be enforceable or ineffectual, the remaining parts, terms 19 and provisions shall not be affected. 20 SECTION 18. SECTION HEADINGS 21 All section headings contained in this Contract are for 22 convenience and reference. They are not -intended to define or . 23 limit the scope of any provision of this Contract. 24 SECTION 19 . JOINT OPERATING FUND CONTRIBUTION 25 County agrees to pay to the Authority within ten ( 10) 26 working days of the date of this Contract the amount of TWENTY-FIVE wcjpak.e 29 May 13, 1993 1 THOUSAND DOLLARS ($25,000) as a payment to the Authority' s Joint 2 Operating Fund to offset costs incurred by the Authority in the 3 development and implementation of the IRRF. Said payment by County 4 to Authority shall be reimbursed by the Authority at the same time 5 and in the same manner that payments by Members to the Authority' s 6 Joint Operating Fund are reimbursed. 7 IN WITNESS WHEREOF, the County and Authority have caused 8 this Contract to be duly executed and attested by the respective 9 officers, duly authorized to so act, as the date set forth in the 10 first paragraph of this Contract. 11 WEST CONTRA COSTA INTEGRATED 12 WASTE MANAGEMENT AUTHORITY 13 14 15 ATTEST: 16 Robin E. Slavik Lonnie Washington, Jr. 17 Secretary Chair of the Board 18 19 DATED: 20 21 22 CONTRA COSTA COUNTY 23 24 ATTEST: Phil Batchelor, Clerk 25 of the Board of Tom Torlakson 26 Supervisors and Chief Chair of the Board 27 Administrative Officer of Supervisors 28 29 BY 30 Deputy 31 32 DATED: wcjpak.e 30 May 13, 1993 1 EXHIBIT 'A' 2 TO CONTRACT BETWEEN 3 WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY 4 AND 5 CONTRA COSTA .COUNTY 6 COLLECTION FRANCHISE AGREEMENT -REQUIREMENTS 7 Section 1 . Flow. Control 8 (a) County to have complete authority to direct delivery of Solid 9 Waste (or specified portions or specified types of such 10 wastes) to the IRRF as required by the Authority pursuant to 11 Section 4 of the Contract. 12 Section 2 . Rates 13 (a) The franchised collector to collect the rate (charge) set by 14 the Authority for the IRRF' in addition to- all other ,-rates and, 15 charges allowable under the collection franchise agreement. 16 (b) All amounts collected pursuant to subdivision (a) of this 17 Section 2 to be held in a -separate fund by the franchised ' 18 collector and.any interest earnings thereon to remain in the 19 fund. The franchised collector shall be required to make 2.0 payments from this fund as part of the tipping fee paid to the 21 IRRF operator or to other such trustee or person as the 22 Authority may designate. 23 (c) The franchised collector to keep adequate books and records of 24 such fund in accordance with Generally Accepted Accounting 25 Practices and allow the County and/or the Authority to inspect 26 such books and records during regular business hours at the wcjpak.e 1 May 13, 1993 1 offices of the franchised collector. 2 (d) The franchised collector to provide regular reports to County 3 and Authority of the activity in said fund showing itemized 4 collections and disbursements, interest earnings and fund 5 balance. 6 (e) The franchised collectorto make disbursements from the fund 7 only as directed by the Authority. In the event that 8 delinquent payments by customers' of the franchised collector 9 or other factors cause the fund to have insufficient monies 10 to make any required payment, the collector shall advance any 11 shortfall within the fund against future collections from 12 other assets or revenues. 13 ( f) The franchised collector to take, such action as may be 14 required to grant and perfect a security. interest in the fund 15 to the Authority, the Authority's assignee or any lender, 16 trustee or credit provider in connection with the financing of 17 the IRRF and to represent and warrant that franchised 18 collector has not granted a security interest in such amounts 19 and to covenant not to grant any other security interest in 20 such amounts. 21 (g) In furtherance of the representations, warranties and 22 covenants provided by the franchised collector, whenever and 23 so often as requested to do so by the Authority, the 24 Authority's assignee or any lender, trustee or credit 25 provider, franchised collector to promptly execute and deliver 26 or cause to be delivered all such other and further wcjpak.e 2 May 13, 1993 1 assurances, documents or instruments and. promptly do or cause 2 to be done all such other and further things as may be 3 , necessary or reasonably required in order to further and more 4 fully vest in the Authority, the Authority's assignee or any 5 lender, trustee or credit provider, all advantages, benefits, 6 interests, powers and privileges and rights conferred or 7 intended to be conferred upon them hereby. 8 Section 3 . In Lieu Charge 9 (a) The franchised collector to collect, in addition to all other 10 rates and charges allowable under the collection franchise 11 agreement, an in lieu charge as set by the Authority in the 12event that the IRRF is unable, either wholly or in part, to 13 accept Solid Waste (or specified portions or specified types 14of such wastes) . 15 (b) All amounts collected pursuant to subdivision (a) of this 16 Section - 3 to be held in a separate fund by the franchised 17 collector and any interest earnings.,thereon to remain in said.- 18 fund. The franchised collector will make payments from this 19 fund to the IRRF operator or to other such trustee(s) or. 20 person(s) as the Authority may designate. 21 (c) The franchised collector to keep adequate books and records of 22 such fund in accordance with Generally. Accepted Accounting 23 Practices and shall allow the 'County and/or Authority to 24 inspect such books and records during regular business hours 25at the offices of the franchised collector. 26 (d) The franchised collector to provide regular reports to County wcjpak.e 3 May 13, 1993 1 and Authority of the activity in said fund showing itemized 2 collections, disbursements, interest earnings and fund 3 balance. 4 (e) All amounts collected as in lieu charges to be remitted to the 5 Authority or a trustee designated by the Authority as directed 6 by the Authority. In the event that delinquent payments by 7 customers or other factors cause the fund to have insufficient 8 monies to make any required payment, the collector advance any 9 shortfall against future collections from other assets and 10 revenues . 11 ( f) The franchised collector -to take such action as may be 12 required to grant and perfect a security interest in the fund 13 to the Authority, the Authority's assignee or any lender, 14 trustee or credit provider. in connection with the financing of 15 the IRRF and to represent and warrant that franchised 16 collector has not granted a security interest in such amounts 17 and . to -covenant not to grant any other security interest in 18 such amounts . 19 (g) In furtherance of the representations, warranties and 20 covenants provided by the franchised collector, whenever and 21 so often as requested to do so by the Authority, the 22 Authority' s assignee or any lender, trustee or credit 23 provider, franchised collector to promptly execute and deliver 24 or cause to be delivered all such other and further 25 assurances, documents or instruments and promptly do or cause 26 to be done all such other and further things as may be wcjpak.e 4 May 13, 1993 1 necessary or reasonably required in order to further and more 2 fully vest in the Authority, the Authority's assignee or any 3.. lender, trustee or credit provider, all advantages, benefits, 4 interests, powers and privileges and rights conferred or 5 intended to be conferred upon them hereby. 6 Section 4 '. Non-competition 7 (a) The franchised collector to be prohibited from directly or 8 indirectly purchasing or contracting for the purchase of any 9 Solid Waste (or portions or types of such waste) which would 10 otherwise be collected under thecollection franchise 11 agreement and that the franchised collector to be prohibited 12 from diverting in any way materials collected pursuant to the 13 collection franchise agreement to any use or to any alternate 14 facility without the approval of the Authority. 15 16 17 18 19 20 21 22 23 24 25 wcjpak.e 5 May 13, 1993 EXHIBIT 'B' TO CONTRACT BETWEEN WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY AND CONTRA COSTA COUNTY EXAMPLE CALCULATIONS A. PERCENTAGE CHANGE IN PRICE INDEX Price Index for July 1991 = 138.2 Minus Price Index for July 1990 = -132. 3 Equals Change in Price Index = 5.9 Per Cent Change in Price Index = (5.9/132 . 3) x 100 = 4 .4% B. ADJUSTMENT TO TOTAL AGGREGATE MITIGATION FEES Adjusted total aggregate Mitigation Fees equals: $2 x (1+(per cent change in Price Index/100)) Using the example per cent change in Price Index from Section A of this Exhibit B, -the adjusted total aggregate Mitigation Fees would be: $2 x (1 +.044) = $2.09/ton C. ADJUSTMENT TO ALLOCATION OF COUNTY'S COSTS OF COUNTYWIDE SOLID WASTE MANAGEMENT ACTIVITIES ( 1) Assume total Countywide solid waste management costs of $1,000 and the initial cost allocation contained in Table B-1. TABLE B-1 Area Allocation Member Cities $ 210 Unincorporated District Area $ 20 Total Member Cities and $ 230 Unincorporated District Area _:�] Total County Costs $1,000 May 10, 1993 13-1 DRAFT EXHIBIT B 121 Assume date of commercial operation of the IRRF _i§ July 1, 199-5 . (43) Adjustment to IRRF Commercial Operation Date Adjusted allocations would be determined as follows: Allocation x (I +(% change in Price Index, July 1993 to July 1995)/100) ) Using the example per cent change in Price Index from Section A 'of this Exhibit C as the per cent change in Price Index, July 1992 to July 1995, and the assumed allocation for Member Cities from paragraph ( 1) preceding, the adjusted. Member Cities allocation would be: $210 x (1+0.044) = $219 , (�4 ) Adjustment After Date of IRRF Commercial operation (a) Assumptions. for Example Calculation are provided in Table B-2. (b) PeE Cent' Change In PEIGe 'lade* Assuffie the pe�c-Gent - ehanqe ,f-Eqm. Seetlen A abeve. (qb) Percent Change In Authority Costs: Change = (Net Next Period Authority Costs - Net Prior Period Authority Costs) (Prior Period Authority Costs) Change = ($550 - $500) = 6.10 ($500) Change = 0.10 x 100 = 108 (dg) Adjustment to allocation of County's costs of countywide solid waste management activities Per cent change in Price Index is smaller (5%) than percent change in net Authority costs (10%) , therefore Per cent in Price Index is to be used. Adjusted Allocation = $219 x 1.05 = $230 May 10, 1993 B-2 DRAFT EXHIBIT B TABLE B-2 ITEM ASSUMPTION Date of Adjustment July 1, 1996 Prior Period 7/1/95 - 6/30/96 Next Period 7/1/96 - 6/30/96 Change in Price % change from July 1, 1995 to July 5$ Index Prior Period Total Authority Costs $1,000 Authority Costs IRRF O&M and Payments to IRRF ($ 500) Operator Net Prior Period Authority Coats $ 500 Next Period Total Authority Costs $1,250 Authority Costs IRRF O&M and Payments to IRRF ($ 600) Operator New Solid Waste Programs for ($ 100) Members in Next Period Net Next Period Authority Costs $ 550 Allocation of Date of Commercial Operation of the 219 County's cost of Tur, From ec ion is -countywide solid R'RHI 1 waste management activities A•20exhbtB May 10, 1993 B-3 DRAFT EXHIBIT 'C' TO CONTRACT BETWEEN WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY AND CONTRA COSTA COUNTY INCLUSION OF COUNTY COSTS IN IRRF RATES A. CRITERIA Reasonable, necessary, prudent and verifiable costs incurred by County and not recoverable for any other source shall be included in IRRF rates as provided in This Exhibit C. B. IRRF REGULATION ( 1) Definition .(a) Costs incurred by County's Community Development Department which are not paid by the applicant or owner and consisting of: ( 1) Cost- of Project Development Co-ordinator's review of plans and installations to ensure. const-ruction in accordance with Conditions 'of Approval of Land Use Permits. (2) Cost of ' Implementation and . Mitigation Monitoring Program consisting of County's inspection and monitoring - of permittee's compliance with land use control provisions of Conditions of Approval of Land Use Permits . Land use control . provisions of Conditions of Approval of Land Use Permit do not include provesons _ie_1aced . to rate requlation and approval, host community mitigation fee, requlatory and waste recovery fee,, franchise agreement, resource recovery _programs) and abandoned vehicles. Costs incurred by County's Public Works Department, which are not Paid by the applicant or owner, arising from review of the design of public works infrastructure requirements required as a—Conditioii of Approval of Land Use Permits and monitoring o the construction of �such_requirements. May 10, 1993 C-1 DFUMIT EXHIBIT 'C' (c) Costs incurred by County' s Building Inspection Department, ' which are not paid by applicant or owner, arising from review of Site grading and drainage design and reviews and inspections for Building Code enforcement. LZ Costs incurred by County's Health Services Department, which are not paid by applicant or owner, for review and monitoring public and safety requirements required as a Condition of Approval of Land Use Permits, provided that costs incurred by County's Health Services Department in performinq the functions of a Local Enforcement Agency shall be excluded from these costs . (2) Amount (a) Community Development Department ( 1) None ($0.00) . All costs are to be paid by applicant or owner. (b) iatlea and MeniteEing PEagEam Public Works Department ( 1) None ($0.00) . All costs to be paid by applicant or owner. ) Health Services Department None ($0.00) . All costs to be paid by applicant or owner. B. COUNTYWIDE SOLID WASTE MANAGEMENT ACTIVITIES ( 1) Definition Costs incurred by County for programs and activities , consisting of the following: (a) Recycling Telephone Hotline (b) Guide to Waste Reduction & Recycling ) G,,,,.,*<.wi-de--ma ile--H911R-ehld- � ar-deus Was GelleGt!9TA provided that a de,.ioiesu by a majer•-0ty of the--Gitrem-within--the-AutheElt boundar;e -t May 10, 1993 C-2 DRUT EXHIBIT 'C' WlthdEaw _fF9M SUGh pregrara wii! result 1-1 9f GOURty'.6 696t of such- pr-egFam f-rom !RRF r- .t beginning 120 days after sueh deGiSi9H. Implementation Monitoring Monitoring and co-ordination of implementation of ' Countywide Integrated Waste Management - Plan- response to requests for data and information, related to sol d waste management policies or facilities or other matters; specified activities Mated to state regulations or ot er State solid waste issues undertaken in , coordination with the WCCIWMA; start-up of Recycling Market Development Zone. (d) Other Countywide programs which may in the future be approved by a majority of cities in county with a majority of population in' County, provided that a decision by -a majority of the Cities within the '. Authority boundaries to withdraw from such program(s) will result in deletion of County's-cost of such program(s) from IRRF rates beginning 120 days after such decision. (b) Pr-e- submittal al.4d_ nebtaining . Gallfer - , - ted Waste Management---Beam appEbvai of t 1-yeaE Eevision to the Geuntywide late gated Wastre Management Plan and Geuntywide Siting Element. (2) Total County Costs Total County costs of countywide solid waste management activities as of the -date of this Contract is set forth in Table C-1 in this Exhibit C. (3) Allocation (a) Total County costs, in dollars, of countywide solid waste management activities shall be allocated to the area" within the boundaries of the Authority and the unincorporated area of District based upon the populations set forth in Table C-2 in this Exhibit. (b) Allocation of County's cost of countywide solid waste management activities as of the date of this Contract. is set forth in Table C-3 in this Exhibit. (c) Authority and County may, from time to time, agree on allocations that are different that those set May 10, 1993 c-3 DRAFT EXHIBIT 'C' forth in Table 3 of this Exhibit C. (4) Adjustments (a) Changes in County costs identified in Table C-1 of this Exhibit C resulting from enactment of state law or amendment thereto or regulations promulgated thereunder occurring after the date of the Contract shall also be recoverable as part of IRRF rates provided that said statutory or regulatory changes are beyond . control of County. Said changes in County costs shall be allocated in accordance with paragraph B(3) (a) of this Exhibit C and the cost allocations . set forth .in Table C-3 adjusted accordingly. (b) The allocation of population set forth in Table C-2 . of this Exhibit C shall be a hd ll adjusted to reflect annually published California Department of Finance population data an ..the cost allocation set forth in Table C-3 adjusted accordingly. (c) : The cost allocations in Table C-3 shall be adjusted from July 1, 1993 to the date of commercial operation of . the. IRRF by the percentage. change in the Price Index. Said adiustedcost allocations ' shall be the included in IRRF rates for the first twelve ( 12) months following the date of commercial operation of the IRRF, other time period mutually agreeable to County and Authority. Thereafter, the cost allocations in Table C-3, as adjusted to the date of commercial operation of the IRRF, shall be annually adjusted by the lesser of (a) the percent change in the Price Index, July to July or other time period agreeable to Authority and County and (b) the percentage increase in Authority's costs over the same time period excluding (i) costs of operation and maintenance of the IRRF including payments to the IRRF Operator and (ii) Authority's costs for new solid waste programs undertaken on behalf of Member's during the next period used to calculate the change in Authority costs. An example calculation. is in Exhibit B to this Contract. (d) For purposes of Section B(4) (c) of this Exhibit, May 10, 1993 C-4 DRAFT EMIBIT tV "Authority' s costs for new solid waste programs" means costs resulting from an increase in work scope or level of effort for existing solid waste programs being performed for Members plus. costs of new programs not being performed by Authority. D. FUTURE CONTRACTS ( 1) Definition County costs incurred as a result of future contracts between the Authority_ ii-n—d Countv consisting of: (a) Recycling Markets Development Zone Costs incurred by County in' performing the functions , of Zone Administrator and costs of implementation�==Plan for development of local recycling businesses-. Future contract ma include, but not be limited to, definit on of roles of tie Authority, County,V, Member Cities; development of. appropriate financial incentives for development of local recycling businesses,: and co-ordination of market develoment activities. (b-) 5-year . Update of Countywide' Integrated Waste Management Plan and Countywide Tj7tinq Element Costs * incurred in preparation, submittal and . obtaining the approval of the California Integratea Waste -Management Board as necessarV. ,to the 5-Year - Update required by California Public Resources Code, Section 41770, as amended. . Countywide Mobile Household Hazardous Waste Collection Costs incurred by the County's Health Services Department for implementation of a Countywide Mobile Household Hazardous Waste Collection Program after date of commercial operation of the IRRF which program has been approved by County" Board of Supervisors and a majority of the cities containing a majority of the population,, provided that a decision-..by a majority of the Cities within the Authority boundaries not to partici ate in such program will result in removal of County's cost of such program from IRRF rates beginning 120 days after such decision. MAY 10, 1993 C-5 DRAFP EXHIBIT 'C' _(dZ Other Activities Activities undertaken pursuant to other contracts which may be entered into by County and Authority. (2) Amount, Allocation and Adjustments To be determined by Authority and County and set forth in a future agreement(s) between Authority and County pursuant to Section 7 . 7 of the Contract. May 10, 1993 c-6 DRAFT EXHIBIT 'C' TABLE C-1 Total County Costs PROGRAM TOTAL COST Recycling Telephone Hotline $ 25,000 Guide to Waste Reduction & $ 25,000 Recycling Implementation Monitoring $130,000 Total $180,000 TABLE C-2 Population Area Population Allocation Member Cities :. 169,741 21% Unincorporated District Area 25,657 3% Total Member Cities and 195,398 24% Unincorporated District .Area Total County, 803,732 TABLE C-3 Allocation of. County'.s Costs of Countywide Solid Waste Management Activities, Area Allocation Member Cities $37,800 Unincorporated District Area $5,400 Total Member Cities and $43,200 Unincorporated District Area A:20exhbtc May 10, 1993 C-7 n 1 ATTACHMENT B-2 I ' i CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT DATE: January 7, 1993 TO: Val Alexeeff, GMEDA FROM: Belinda Smith, Planner SUBJECT: BREAKDOWN OF TRANSFER STATION RATE The information provided below is from the information presented at the Board of Supervisors meeting of November 24, 1992. The $75.97 transfer station rate includes: Cost per Ton Projected 1990 (444,640) Direct Labor $720,659 $1 .62 Equipment $250,352 $0.56 Variable Operating Costs $5,773,011 $12.98 Administrative Costs $1,136,721 $2.56 Amortization of Capital $517,306 $1 .16 Total $8,398,049 $18.89 Operating Ratio Allowance $1,787,646 $4.02 Adjustments: Actual Cost Adjustment $2,551,760 $4.99 SW Planning and Enforcement Fees $1,237,642 $2.78 Tipping Fees $16,899,849 $38.01 Pass-Through Mitigation and Other $3,258,324 $7.33 Governmental Fees Closure/Post-Closure Salvage Revenues ($21,600) ($0.05) Gross Interim Transfer Station Rate $34,111,670 $75.97 The solid waste planning and enforcement fee of $2.78 includes: $1 .00 - LEA, .80 - City 939 planning fee, .15 County 939 planning fee. .41 - Mobile Collection Household Hazardous Waste, .27 - resource recovery fee, .15 rate adjustment fee. 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Cd U d od Q cQi40 U c 0 o Q U c ••J CD � W O T d) Z � 4 �/� ca 01 ° O N N t` O O O V) ¢ c (G Ln t- N N r O W oi O O O O O U U {fl 66 fR d} 0 b4 69 Zo o o O O O o 3 O C) C C 0 0 0 0 0 0 o Z ° o 0 LO M Cf) Lf)U lQ V ; (D c, OD a> W Z r .J 64 CIS O V _ _ _ N OC Z o p U U. tv co co .X Z W V — p ...... ao Lo _ / U) WF O LO C3 O L') CO 49. T wt to �// t• to (D to o 0 ���/ L.L. 11 00 0 U O j v U. ° rn � �> o c U (d V V LL 06 CO) C V ,o Cl) >• cd O = .� U -r, Q c ;-' m co E co W DATE: S I q REgvEST To SPEAK FORM THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. (, NAME: Bet Sa rt�k e PHONE: -�R�- -76 3 ADDRESS: a -1 Fa l co m fit)r'a,ra CITY: 4�eq Cul es I am speaking formyself OR organization: We-5i C mom Cosfa bi ea IaW w�f4N E OF ORGAN�7 Check one: ana�ew�attiv��or� I wish to speak on Agenda Item # My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. E--l'�r DATE-I REQtTMT TO SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. - 6:�:� l NAME: 1��K.� "L/ t� 1. - �-,. RHONE: ADDRESS: L-1 NvC �._ ID CITY: I am speaking formyself OR organization: tCk>4t,9K)4X9i- N M of .�xcAN Check one: TION) � 4� I wish to speak on Agenda Item # : My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. t DATE: REQUEST TO SPEAK FORM (THREE (3) MINUTE LIMIT Complete this form and place it in the box near the speakers' rostrum before addressing the Board. NAME: L;II ✓AV/S PHONE: 215- .3126 ADDRESS: Wee In4ylle &gawWnrs,,o.ol k4orj'L CITY: AV I am speaking formyself OR organization: WCGToH A Check one: (NAME OF ORCAN17-VION) I wish to speak on Agenda.Item # . My comments will be- for against I wi speak on the subject of I do not wish to speak but leave these comments for the Board to consider. • DATE:, REQUEST TO SPEAK FORM (THREE (3) MINUTE LIMIT Complete this form and place it in the box near the speakers' rostrum before addressin NAME:- �- ,�"d�L� r PHONE: 7 ' ADDRESS: ` / -=-��'C�� CITY: I am speaking formyself OR organization: Check one: (NAME OF ORGANIZNTION) I wish to speak on Agenda Item # -215 My comments will be: general for -A against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. • DATE. REQUEST TO SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. / NAME: 45®II)1%� �� / © PHONE: ADDRESS• '%'' �e. o< i'",{ CITY: /�d I(I I am speaking formyself OR organization: Ch (NAME OF GANI7-XTION) Check e: I wish to speak on Agenda Item # My comments will be: general for Y against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider.