HomeMy WebLinkAboutMINUTES - 05251993 - 1.53 TO: BOARD OF SUPERVISORS
FROM: VAL ALEXEEFF, DIRECTOR
GROWTH MANAGEMENT& ECONOMIC DEVELOPMENT AGENCY
DATE: MAY 25, 1993
SUBJECT: WEST COUNTY TRANSFER STATION
SPECIFIC R} QU1?
�. 1 . S2
1 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 E1
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 "IRRF" ) 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23 C. WHEREAS, the District has withdrawn from membership in
24 the Authority (the Authority Members having adopted Amendment No.
25 1 to the West Contra Costa Integrated Waste Management Joint
26 Exercise of Powers Agreement) and County has adopted County
wcjpak.f 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 close as early as 1994 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, at this time, 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
wc)pak.f 2 May 13, 1993
1 co-operative 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 I IRRF; 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 seq. ) and all regulations adopted under that legislation,
wcjpak.f 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
17 1 .8 "District" means the West Contra Costa Wastewater
18 Management District (formerly the West Contra Costa Sanitary
19 District) .
20 1 . 9 "Fiscal Year" means the period commencing on each
21 July 1 and ending on the following June 30.
22 1 . 10 "IRRF" means the integrated resource recovery
23 facility consisting of a Central Processing Facility (Proposed
24 County Land Use Permit No. 2053-92) , WCCSL Landfill/Processing
25 Facility (Proposed County Land Use Permit No. 2054-92 and City of
26 Richmond Conditional Permit No. 92-53) and the existing Interim
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1 Recycling Center and the lands and appurtenances associated with
2 these facilities .
3 1. 12 "Law" means Articles 1, 2 and 4 of Chapter 5 of
4 Division 7 of Title 1 of the California Government Code (California
5 Government Code Sections 6500, et seq. ) and all regulations adopted
6 under that legislation, as that legislation and those regulations
7 may be amended from time to time.
8 1. 13 "Member" means any of the signatories to the Joint
9 Powers Agreement and "Members" means all of the signatories to the
10 Joint Powers Agreement.
11 1 . 14 "Mitigation Fees" means host community mitigation
12 fees proposed by a Member or County and agreed to by the County and
13 Authority the use of which shall be limited to the reasonable
14 costsfor mitigation of impacts reasonably related to the existence
15 and operation of the IRRF in addition to other mitigation required
16 as a part of the conditions of approval and the reasonable costs of
17 preparation of work plans, budgets and time schedules for use of
18 revenues generated by Mitigation Fees . The aggregate total of all
19 Mitigation Fees shall not exceed two dollars ( $2 .00) per ton,
20 adjusted in accordance with this Contract, of Solid Waste received
21 at the IRRF.
22 1. 15 "IRRF Rate Regulation Methodology" means the
23 combination of guidelines for fixing rates, definition of all
24 necessary components of the rate making process, definition of the
25 types of revenues and costs that will and will not be included in
26 the rate calculation and how such revenues and costs are to be
WC] k.f 5 May 13, 1993
1 computed; formula(ae) for changing rates, a schedule that governs
2 the dates by which the Authority and the IRRF owner/operator must
3 reach particular milestones and that specifies the effective date
4 for the rate change, definition of the formats that the IRRF
5 owner/operator must use in its application, definition of the
6 information that the IRRF owner/operator is and is not required to
7 provide in its application, identification of audit and reporting
8 requirements and occurrences requiring a rate change, and other
9 information necessary to the establishment of fair and equitable
10 rates for the IRRF.
11 1. 16 "Price Index" means the Consumer Price Index, All
12 Urban, San Francisco-Oakland-San Jose, as determined by the U.S.
13 Department of Labor or other mutually satisfactory index in the
14 event that said Index is nolonger published.
15 1 . 17 "Revenue Bonds" means revenue bonds, notes,
16 certificates of participation and any other instruments and
17 evidences of indebtedness issued or entered into by the Authority
18 and other commitments by the Authority, such as a Service
19 Agreement, arising from a letter of credit or loan obtained for
20 financing the IRRF.
21 1. 18 "Solid Waste" means those materials defined as solid
22 waste in Section 40191 of the California Public Resources Code and
23 recyclables and recoverable materials that are subject to
24 collection franchise agreements, which materials are of the variety
25 that can be properly processed at the IRRF.
26 SECTION 2 . PURPOSE
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1 2 . 1 This Contract is entered into pursuant to powers
2 given the County and the Authority to contract with other public
3 entities, within and without their respective jurisdictions, for
4 the purposes of providing for continued timely development,
5 financing, construction and operation of the IRRF under the
6 sponsorship of the Authority; providing for continued disposal of
7 solid waste generated from within the unincorporated area
8 encompassed by the District and for the diversion of such waste
9 from landfills through the use of the IRRF; and for providing for
10 regulation of the IRRF.
11 SECTION 3 . TERM AND TERMINATION
12 3 . 1 The term of this Contract shall begin on the date
13 first written above and continue until terminated by the County
14 becoming a voting member of the Authority, by mutual consent of the
15 parties or by either party providing the other 60 days ' written
16 notice of termination. However, this Contract shall not be
17 terminated by either party: 1) during the first twelve months after
18 the date first written on page one of this Contract and 2) provided
19 Authority issues Revenue Bonds during said twelve months, shall not
20 be terminated without the written consent of the trustee, lender or
21 letter of credit bank until all indebtedness on account of the
22 Revenue Bonds have been retired.
23 3 .2 It is understood that in no event shall this
24 Contract be terminated if its termination would conflict with or
25 violate the terms or conditions of any Revenue Bonds or related
26 documentation including, without limitation, indentures,
wcjpak.f 7 May 13, 1993
1 resolutions, letter of credit or loan agreements .
2 3 . 3 The provisions of Section 6 and Section 10 of this
3 Contract shall become null and void with respect to those portions
4 of the IRRF located within the unincorporated area which may in the
5 future come to be located within the boundaries of the Authority.
6 SECTION 4. WASTE AND RATE COVENANTS
7 4 . 1 County agrees and covenants to the Authority that
8 County shall direct all of the Solid Wastes generated and collected
9 within the unincorporated area of the District (or specified
10 portions or specified types of such wastes) to the IRRF to the
11 extent that Members (except the City of E1 Cerrito) are also
12 required, and that County, upon receipt of notice from the
13 Authority will promptly direct said Solid Wastes (or specified
14 portions or specified types of such wastes) as required by the
15 Authority. Nothing in this section shall preclude County from
16 imposing or establishing additional incentives to meet the waste
17 diversion requirements of the Act.
18 4 .2 County agrees and covenants to the. Authority that
19 Authority may require County to include tipping fees or other
20 charges, paid to the owner or operator of the IRRF in connection
21 with the waste streams directed to the IRRF pursuant to Section 4 . 1
22 to be "passed through" to ratepayers within the unincorporated area
23 encompassed by the District and that the County will promptly
24 include said fees and charges in rates established by the County
25 as collection rates as required by the Authority, in the same
26 manner and to the extent that Members are required to do the same.
wcjpak.f 8 May 13, 1993
1 4 . 3 County agrees .and covenants to the Authority that
2 Authority may require County to include some or all of such fees
3 and charges imposed by the Authority, as may be required to meet
4 the obligation to the holders of Revenue Bonds, to be "passed
5 through" to ratepayers as part of collection rates established by
6 County for the unincorporated area encompassed by District and
7 further to provide for payment of such fees and charges to the
8 Authority in the event the waste stream from the unincorporated
9 area of the District is at any time, in whole or in part, not
10 processed through the IRRF due to the unavailability, in whole or
11 in part, of the IRRF to receive or process materials, in the same
12 manner and to the extent that Members are required to do the same.
13 4 .4 County agrees that holders of Revenue Bonds, whether
14 directly or through a representative such as an indenture trustee,
15 be third party beneficiaries of any of the obligations of the
16 County to the Authority and that Authority may covenant with the
17 holders of any Revenue Bonds on behalf of the County that County
18 will perform its obligations under this Contract, to the extent
19 that Members are required to perform the same obligation.
20 SECTION 5. COLLECTION FRANCHISE AGREEMENTS
21 5. 1 Collection franchise agreements entered into by
22 County for the unincorporated area of the District shall include
23 provisions which materially conform to the provisions contained in
24 Exhibit A, attached hereto and incorporated herein by this
25 reference to the extent that Members and the Members ' collection
26 franchise agreements are required to provide for the same and such
wc]pak.f 9 May 13, 1993
I other provisions as may be necessary to the financing of the IRRF
2 and Members and Members ' collection franchise agreements are
3 required to provide such other provisions .
4 5 .2 If, within 30 days of receipt of written
5 notification from Authority that all Member Agencies have submitted
6 collection franchise agreements satisfactory for the IRRF
7 financing, county does not provide Authority with a collection
8 franchise agreement which is in accordance with the requirements of
9 Section 5 . 1 of this Contract, County agrees that, until such time
10 as a collection franchise agreement which is in accordance with the
11 requirements of Section 5 . 1 of this Contract is determined to have
12 been provided to Authority:
13 (a) County shall not directly or indirectly cause
14 Solid Waste generated in the unincorporated area of the District
15 (or specified portions or specified types of such Waste) to be
16 delivered to any other facility or otherwise diverted away from the
17 IRRF provided that County shall not be precluded from establishing
18 incentives to meet the diversion requirements of the Act, and
19 (b) County shall perform the actions required of
20 County necessary to fulfill County's obligations under Section 4 of
21 this Contract.
22 5. 3 County and Authority may contract for the delivery
23 of other unincorporated area Solid Waste to the IRRF.
24 SECTION 6 . REGULATION OF FACILITIES
25 6 . 1 Pursuant to Chapter 418-5 of the County Ordinance
26 Code this Contract is in lieu of a franchise by the County and
wcjPak•f 10 May 13, 1993
1 neither the County nor the Authority shall franchise the IRRF.
2 6 .2 County agrees to exercise its authority over the
3 IRRF in a manner consistent with the provisions of this Contract,
4 subject to applicable State, Federal and local laws and
5 requirements.
6 6 . 3 Permits, licenses, ordinances, rules and regulations
7 and any similar approvals of the County shall not contain
8 requirements pertaining to the achievement of any solid waste
9 management or diversion goals at the IRRF, provided that this
10 Contract shall not preclude County from imposing or enforcing
11 requirements necessary for the protection of public health and
12 safety and enforcing County's Materials Diversion Ordinance.
13 Permits issued by the Contra Costa County Health Services
14 Department, in its capacity as Local Enforcement Agency designated
15 in accordance with the provision of Public Resources Code Article
16 1 (Section 43200 et seq. ) , as said provisions are amended from time
17 to time, are not permits of the County. It is understood that this
18 agreement may not limit the authority or discretion of the Contra
19 Costa County Health Services Department in its capacity as Local
20 Enforcement Agency under Public Resources Code Part 4 (Section
21 43000 et seq. ) , as said statutes are amended from time to time.
22 SECTION 7 . RATE REGULATION
23 7 . 1 Pursuant to Chapter 418-5 of the County Ordinance
24 Code, as amended from time to -time, and the provisions of this
25 contract, the Authority shall review, approve and otherwise
26 regulate the rates to be charged at the IRRF.
wcjpak.f 11 May 13, 1993
1 7 .2 The Authority shall establish rates to be charged at
2 the IRRF in amounts sufficient -to provide for the efficient
3 operation of the IRRF Facilities, to discharge all indebtedness and
4 liabilities relating to the acquisition and construction of the
5 IRRF ( including without limitation, any Revenue Bonds issued in
6 connection therewith) , to accommodate the planning and
7 implementation of activities required by the Act and to pay any
8 other costs or financial obligations of the Authority in accordance
9 with Section 7 .5 of this Contract.
10 7 . 3 Authority shall provide for payments to County as
11 part of the IRRF rates in accordance with Exhibit C attached hereto
12 and incorporated herein by this reference.
13 7 .4 Except as provided in this Section 7 .4 and Section
14 7 .5, IRRF rates established by the Authority to be uniform for all
15 sections of the area within the boundary of the Authority and the
16 unincorporated area encompassed by District.
17 (a) The Authority may set differential rates for
18 the unincorporated area encompassed by the District to collect
19 County' s fair share of the Authority' s costs incurred in
20 development and implementation of the IRRF from Solid Waste
21 delivered to the IRRF from the District area to the extent that
22 County' s fair share of such costs is not paid by the financial
23 contribution received from County pursuant to Section 19 of this
24 Contract. County's fair share of such costs shall be ten percent
25 ( 10%) of the total costs incurred by Authority in development and
26 implementation of the IRRF to a maximum of Eighty Thousand Dollars
wcjpak-f 12 May 13, 1993
1 ($80,000) .
2 (b) The Authority may set a differential rate for
3 the area within the boundaries of the Authority as necessary to
4 reimburse Members ' financial contribution to the Authority.
5 (c) The Authority may set differential rates for
6 individual Members as necessary to pay the costs or financial
7 obligations incurred by Authority for solid waste programs that may
8 be undertaken pursuant to contracts between the Authority and
9 individual Members.
10 7 .5 Reasonable, necessary, prudent and verifiable costs
11 or financial obligations incurred by the Authority shall be
12 included in the IRRF rates provided that costs or financial
13 obligations allocable to solid waste programs that may be
14 undertaken in the future by the Authority solely on behalf of a
15 Member shall not be included in IRRF rates chargeable for Solid
16 Waste received from the unincorporated District area.
17 7 .6 Costs incurred by County which are not provided for
18 in Section 7 . 3 or Section 7 . 7 of this Contract shall not be
19 included in IRRF rates chargeable for Solid Waste received from
20 Members . It is understood that, for the purposes of this Contract,
21 payments made to the County by the operator in accordance with the
22 requirements of the land use permits issued by the County for the
23 IRRF facilities in the unincorporated area are not costs incurred
24 by the County.
25 7 .7 County and Authority costs incurred pursuant to any
26 other contract(s) that may in the future be entered into by County
wcjpak.f 13 May 13, 1993
1 and Authority may be included in IRRF rates as provided in the
2 terms and conditions of said future contract(s) .
3 7 . 8 Authority agrees that IRRF rates will be subject to
4 regulation by the IRRF Rate Regulation Methodology approved by the
5 Authority Board of Directors which has been developed in
6 consultation with County.
7 7 . 9 County acknowledges that if it appears that Chapter
8 418-5 of the County Ordinance Code will need to be amended to
9 implement this Contract to allow Authority regulation of rates, the
10 County will use its best efforts to enact said amendments as soon
11 as possible.
12 7 . 10 Upon mutual agreement of County and Authority,
13 concrete and asphalt received at the portion of the WCCSL
14 Landfill/Processing Facility (Proposed County LUP 2054-92) in the
15 unincorporated area may, at any time following the date this
16 Contract, be exempt from rate regulation under this Contract.
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.
25 8.2 In the event of California Integrated Waste
26 Management Board determination of failure to meet waste stream
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1 diversion requirements for the unincorporated 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 California Integrated Waste Management Board in order to determine
7 whether collection system operations and/or programs are the
8 cause(s) of failure to meet federal or state waste diversion
9 requirements within the unincorporated area of District.
10 8. 3 If the waste stream diversion for the unincorporated
11 area within the District fails to meet the requirements of the Act,
12 Authority's responsibility to County for liabilities, damages,
13 criminal and civil sanctions and costs and expenses which are the
14 result of performance or non-performance of the IRRF shall be as
15 set forth in Section 14 .3 of this Contract.
16 SECTION 9 . DISPOSAL OF IRRF WASTE STREAM
17 9 . 1 The waste stream from the IRRF shall be disposed of
18 at the most cost effective landfill.
19 9 .2 The Authority shall determine the most cost
20 effective landfill to receive the waste stream from the IRRF. In
21 making this determination, the Authority shall consider all
22 relevant factors, including but not limited to, transportation
23 costs, closure and post closure requirements, costs and
24 liabilities, disposal fees, fees levied by governmental entities
25 and costs of compliance with County ordinances and requirements
26 affecting the disposal of IRRF waste at in-County landfills . Both
wcjpak.f 15 May 13, 1993
1 short and long-term potential costs shall be considered by the
2 Authority.
3 9 . 3 The Authority agrees that, after consideration of
4 all relevant factors, landfill(s) within Contra Costa County will
5 be used provided that such in-County landfill(s) is demonstrated to
6 favorably compare in total cost to alternative out-of-County
7 landfill(s) .
8 9 .4 Agreements for export of Solid Waste to out-of-
9 County landfills shall include provisions for:
10 (a) Termination at the sole discretion of the
11 Authority at the end of two (2) years after the start of commercial
12 operation of the IRRF and thereafter at the end of each subsequent
13 five (5) year period.
14 (b) Monitoring the location and costs of disposal .
15 (c) Passing on to the users of the IRRF any cost
16 savings resulting from lower costs.
17 (d) Identification and allocation of closure and
18. postclosure requirements, costs and liabilities.
19 9 .5 Authority will, not less than 1-year prior to the
20 expiration of the time periods specified in Section 9.4(a) initiate
21 a review and verification of the total costs of in-County and out-
22 of-County landfills and shall make the determinations required by
23 Section 9 .2 and Section 9 . 3 not less than 90-days prior to the
24 expiration of the time periods specified in Section 9 .4(a) . -If the
25 results of the Authority review disclose that total costs for use
26 of out-of-County landfill(s) is 95% or more of the total costs for
wc]Pak•f 16 May 13, 1993
1 use of in-County landfill(s) , in-County landfill(s) shall be
2 afforded adequate opportunity to match or better the proposal by
3 out-of-County landfill(s) .
4 9 . 6 The County and Authority recognize that if the
5 Authority exports Solid Waste, agencies outside of Contra Costa
6 County may be allowed to dispose of Solid Waste at Keller Canyon
7 Landfill, and that as a result, the County shall have no obligation
8 to provide capacity for Solid Waste from the IRRF. County agrees
9 that any entity outside of Contra Costa County delivering Solid
10 Waste to Keller Canyon Landfill shall pay rates at least as high as
11 those imposed on Contra Costa users and abide by all requirements
12 imposed on Contra Costa users. County and Authority will comply
13 with all applicable laws, including the Interstate Commerce Clause
14 of the U.S. Constitution, Conditions No. 5 .2 and 9 . 3 of Land Use
15 Permit No. 2020-89, and the daily tonnage limitations in the Solid
16 Waste Facilities Permit applicable to Keller Canyon Landfill.
17 SECTION 10 . PUBLIC OWNERSHIP POTENTIAL
18 10 . 1 In the event that the unincorporated land on which
19 the IRRF , or any portion of the IRRF, is located becomes publicly
20 owned by the Authority, the Authority and County shall negotiate
21 and enter into appropriate agreement(s) providing that such public
22 ownership shall be revenue neutral to private ownership with
23 respect to tax revenues that would otherwise accrue to the Contra
24 Costa County Redevelopment Agency, North Richmond Project, the
25 County and Special Districts . No new agreement(s) need be entered
26 into between County and Authority to the extent that other
wcjpak.f 17 May 13, 1993
1 agreement(s) are then in place which adequately protect the
2 County' s interest in said tax revenues . Nothing in this Section 10
3 shall prejudice in any manner the rights or activities of any
4 Member to acquire any portion of the IRRF.
5 SECTION 11 . IRRF MITIGATION FEES
6 11 . 1 Subject to the provisions of this Contract,
7 Mitigation Fees shall be collected in IRRF rates and all amounts
8 collected shall be placed in trust for exclusive use in the area
9 impacted by the existence and operation of the IRRF.
10 11.2 Prior to the expenditure of any amounts collected as
11 Mitigation Fees, the County and any other party proposing
12 Mitigation Fees shall provide the Authority with a description of
13 the impact, proposed budget, scope of work and time schedule which
14 identifies the use of Mitigation Fees, cost of service to be
15 provided with said Fees, and the area impacted.
16 11. 3 The County and any other party proposing Mitigation
17 Fees shall provide the Authority with a proposed budget, scope of
18 work and time schedule which identifies the use of initial
19 Mitigation Fees, cost of service to be provided with said Fees, and
20 the area impacted. The County and any other party proposing
21 Mitigation Fees shall annually report to the Authority on the uses
22 of Mitigation Fees in comparison with the budget, scope of work and
23 time schedule established pursuant to Section 11.2 and any changes
24 in work plan, budget or amount of Mitigation Fees planned for the
25 next ensuing period. Said reporting shall be coordinated with the
26 schedule established for IRRF rate adjustments .
Wcjpak.f 18 May 13, 1993
1 11.4 The County and Authority agree to review, annually
2 or at such other times as may be agreed to by the parties, the
3 budget, work scope, and associated Mitigation Fees to determine the
4 need for revision, if any in said budget, work scope and Mitigation
5 Fees . Authority agrees to include this provision as a condition
6 precedent to inclusion of Mitigation Fees proposed by other parties
7 in IRRF rates .
8 11 .5 The County agrees to deposit revenue received as
9 Mitigation Fees into a segregated account to be used only in
10 accordance with the provisions of this Contract and the budget and
11 work scope established pursuant to this Contract. Authority agrees
12 to include this requirement as a condition precedent to inclusionof
13 Mitigation Fees proposed by other parties in IRRF rates .
14 11 . 6 Authority shall not be obligated to include any
15 Mitigation Fees in IRRF rates in the absence of the budget, scope
16 of work, time schedule or identification of the area impacted
17 required by Sections 11 .2 or 11. 3 or in the absence of the reports
18 required by Section 11 . 3 .
19 11 . 7 Authority shall not include any Mitigation Fees
20 requested by a party in IRRF rates upon Authority's finding of
21 failure of said party to materially comply with the provisions of
22 this Section 11 .
23 11 .8 The aggregate total of all Mitigation Fees set forth
24 in Section 1 . 13 shall be annually adjusted from July 1, 1992 by the
25 percentage change in the Price Index, July to July, or other such
26 time period as required by the IRRF Rate Regulation Methodology.
wcjp".f 19 May 13, 1993
1 An example calculation is provided in Exhibit B attached hereto and
2 incorporated herein by this reference.
3 11. 9 County shall obtain the advice of the North
4 Richmond Municipal advisory Council regarding the use of revenues
5 collected for use in the unincorporated area. Said advice shall
6, consist of recommendations regarding priorities, scope of work,
7 time schedule, budget for use of revenues and cost of service to be
8 provided with said revenues .
9 11 . 10 First priority for use of fifty percent (50%) of
10 the revenues collected as Mitigation Fees shall be given to use for
11 mitigation of impacts occurring in the unincorporated area.
12 Authority and County shall, to the extent necessary, establish
13 priorities for use of the remaining fifty percent (50%) .
14 SECTION 12 . AMENDMENTS
15 12 . 1 This Contract constitutes the entire agreement
16 between the parties and may only be modified by a written amendment
17 duly authorized and executed by the parties which meets the
18 requirements imposed by the terms and conditions of Revenue Bonds
19 and related documentation including, without limitation,
20 indentures, resolutions, letter of credit agreements and loan
21 agreements .
22 12 .2 No oral understanding or agreement relating to this
23 Contract no incorporated herein or by amendment pursuant to Section
24 12 . 1 shall not be binding on any of the parties.
25 SECTION 13 . NOTICES
26 13 . 1 All notices to either party by the other shall be
wcjpak-f 20 May 13, 1993
1 made in writing and delivered in person or by facsimile
2 transmission or mailed to such party at their respective addresses
3 as follows or to other such address as either party may from time
4 to time designate in writing to the other party:
5 AUTHORITY:
6
7 West Contra Costa Integrated
8 Waste Management Authority
9 One Alvarado Square
10 San Pablo, California 94806
11
12 Attention: Executive Director
13
14
15 COUNTY:
16
17 Contra Costa County
18 651 Pine Street, 11th Floor
19 Martinez, California 94553
20
21 Attention: Chief Administrative Officer
22
23 13 .2 Service of notice pursuant to this Section 13 shall
24 be deemed complete on the day of service by personal delivery or by
25 facsimile transmission or five (5) days after mailing if deposited
26 in the United States mail .
27 . 13 . 3 Each party shall notify the other party in writing
28 of its official telephone number and facsimile number within five
29 (5) days following execution of this Contract and shall thereafter
30 notify the other party of any change in said telephone or facsimile
31 numbers .
32 SECTION 14 . INDEMNITY
33 14 . 1 Authority shall indemnify and hold harmless the
34 County, its officers, employees, agents and elective and appointive
35 boards, for all administrative civil penalties imposed pursuant to
wcjpak.f 21 May 13, 1993
I
1 Section 41850 of the Act, which are in whole or in part due to the
2 acts or omissions of the Authority and/or the IRRF operator,
3 provided, however, this obligation shall be specifically limited
4 to:
5 (i) Payment of only that portion of those
6 administrative civil penalties actually imposed on the County which
7 are allocable to the unincorporated area within the District, and
8 (ii) Payment of only that portion of those
9 administrative civil penalties specifically attributable to a
10 failure of the IRRF resulting from acts or omissions of the
11 Authority; and the Authority shall have no liability for failures
12 in performance of the IRRF resulting from:
13 (a) variations in quantity or composition of
14 Solid Waste delivered to the IRRF;
15 (b) events or circumstances, including
16 contractual arrangements, occurring in the system for collection
17 and delivery of Solid Waste to the IRRF;
18
19 (c) changes in the law;
20 (d) conditions beyond Authority's control such
21 as war, earthquake, riot, flood, storm, a sudden and severe energy
22 shortage, etc. ;
23 (e) Lack of markets for materials recovered
24 at the IRRF;
25 (iii) With respect to acts or omissions of the
26 IRRF operator, enforcement of the contract(s) between the Authority
wc]paC.f 22 May 13, 1993
1 and the IRRF operator and conveyance to County of any amounts which
2 are the responsibility of the IRRF operator under said contracts,
3 but not paid by the IRRF operator.
4 14 .2 With regard to the duty of the Authority to
5 indemnify the County pursuant to Section 14 .3, County shall notify
6 Authority in writing, within five (5) working days of receipt of
7 any notice from the California Integrated Waste Management Board of
8 any deficiency which County contends is specific to the performance
9 of the IRRF and provide Authority with a legible copy of the
10 California Integrated Waste Management Board notice of deficiency.
it (i) Failure of County to provide said prompt
12 written notice to Authority shall relieve Authority of liability
13 for subsequent administrative penaltiesto the extent that Authority
14 has been prejudiced by such late notification.
15 (ii) Authority and County agree to co-operate in
16 responding to any notice of deficiency which is specific to the
17 performance of the IRRF.
18 (iii) Authority agrees to comply with any
19 compliance order which is specific to the performance of the IRRF
20 and duly issued by the California Integrated Waste Management Board
21 pursuant to Section 41850 of the Act.
22 14 .3 Authority shall have the right to represent itself
23 in all matters including, but not limited to, public hearings .
24 SECTION 15. ASSIGNMENT
25 15. 1 This Contract shall not be assigned to any
26 third .party without the prior written consent of the other party
wcjpak.f 23 May 13, 1993
1 provided that no assignment of any kind shall occur that does not
2 meet the requirements imposed by the terms or conditions of all
3 Revenue Bonds and related documentation including, without
4 limitation, indentures, resolutions and letter of credit
5 agreements .
6 SECTION 16 . RESOLUTION OF DISPUTES
7 16 . 1 County and Authority shall continue to perform
8 their respective obligations pending the resolution of a dispute.
9 16 .2 First Procedure
10 (i) Upon the occurrence of a dispute between County
11 and Authority which cannot be resolved informally, each party shall
12 designate one representative who shall meet for the purpose of
13 resolving said controversy or dispute.
14 (ii) If the matter is not resolved, or provision for
15 further meeting(s) is not made, at the meeting referred to in
16 subdivision (i) of this Section 16 .2, either party may, within
17 thirty days after the date of such meeting, submit the matter to
18 members of the governing bodies of the Authority and County for
19 resolution.
20 16 . 3 Arbitration
21 (i) If the matter is not resolved, or provision for
22 the further meeting(s) is not made, at a meeting of the members of
23 the governing bodies of the parties or said meeting is not held
24 within sixty (days) following submission of the matter pursuant to
25 subdivision (ii) of Section 16 . 1, either party may, within thirty
26 days after the date of such meeting or expiration of the sixty day
wcjpak.f 24 May 13, 1993
1 period and following notice to the other party, submit the matter
2 for resolution on an equitable basis by a single arbitrator under
3 the commercial arbitration rules of the American Arbitration
4 Association. The arbitrator's decision shall be final and binding
5 upon the Authority and County.
6 (ii) The Authority or County may enforce any award,
7 order or judgement of the arbitrator in any court of competent
8 jurisdiction.
9 SECTION 17 . SEVERABILITY
10 Should any part, term or provision of this Agreement
11 be decided by a final judgement of a court or arbitrator to be
12 illegal or in conflict with any law of the State of California or
13 otherwise be enforceable or ineffectual, the remaining parts, terms
14 and provisions shall not be affected.
15 SECTION 18 . SECTION HEADINGS
16 All section headings contained in this Contract are for
17 convenience and reference. They are not intended to define or
18 limit the scope of any provision of this Contract.
19 SECTION 19 . JOINT OPERATING FUND CONTRIBUTION
20 County agrees to pay to the Authority within ten ( 10)
21 working days of the date of this Contract the amount of TWENTY-FIVE
22 THOUSAND DOLLARS ($25,000) as a payment to the Authority's Joint
23 Operating Fund to offset costs incurred by the Authority in the
24 development and implementation of the IRRF. Said payment by County
25 to Authority shall be reimbursed by the Authority at the same time
26 and in the same manner that payments by Members to the Authority' s
wc]Pak.f 25 May 13, 1993
1 Joint Operating Fund are reimbursed.
2 IN WITNESS WHEREOF, the County and Authority have caused
3 . this Contract to be duly executed and attested by the respective
4 officers, duly authorized to so act, as the date set forth in the
5 first paragraph of this Contract.
6 WEST CONTRA COSTA INTEGRATED
7 WASTE MANAGEMENT AUTHORITY
8
9
10 ATTEST:
11 Robin E. Slavik Lonnie Washington, Jr.
12 Secretary Chair of the Board
13
14 DATED:
15
16
17 CONTRA CO§_TA-.f.OUNTY
18 v l
19 ATTEST: Phil Batchelor, Clerk
20 of the Board of Tom orlakson
21 Supervisors and Chief Chair of the Board
22 Administrative Officer of Supervisors
23
24 BY
25 Deputy
26 MAY 2 5 1993
27 DATED:
wcjpak.f 26 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
20 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
wc]pak.f 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 collector to 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.f 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
12 event that the IRRF is unable, either wholly or in part, to
13 accept Solid Waste (or specified portions or specified types
14 of 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
25 at the offices of the franchised collector.
26 (d) The franchised collector to provide regular reports to County
wcjpak.f 3 May 13, 1993
I 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.f 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 the collection 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.f 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:
52 x (1 +.044) - $2.09/Lon
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 Unincorporated $ 230
District Area
Total County Costs $1,000
May 10, 1993 B-1 DRAFT
EXHIBIT B
Assume date of commercial operation of the IRRF is July
1 , 1995 .
(�3) Adjustment to IRRF Commercial Operation Date
Adjusted allocations would be determined as follows :
Allocation x (1 +(% 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
(34 ) Adjustment After Date of IRRF Commercial Operation
(a) Assumptions for Example Calculation are provided in
Table B-2 .
(b) PeF Gent Ghangi-in PEiee laic)s
(eb) Percent Change in Authority Costs :
Change - (Net Next Period Authority Costs - Net Prior Period Authority Costs)
(Prior Period Authority Costs)
Change - (5550 - $500) - 0.10
($500)
% Change - 0.10 x 100 - 10%
(dc) 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 1, 5%
Index 1996.
Prior Period Total Authority Costs $1,000
Authority Costs
IRRF O&M and Payments to IRRF ($ 500)
Operator
Net Prior Period Authority Costs $ 500
Next Period Total Authority Costs $1,250
Authority Costs
IRRF O&M and Payments to IRRF ($ 600)
Operator
New Solid Waste Programs for Members ($ 100)
in Next Period
Net Next Period Authority Costs $ 550
Allocation of Date of Commercial Operation of the 219
County's cost of IRRF, From Section C(3), t is Ex ibit
countywide solid B.
waste management
activities
Ki-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
construction 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
a
provisions related to rate regulation and
approval, host community mitigation fee,
regulatory 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 Condition
of Approval of Land Use Permits and monitoring of
the construction of such requirements .
May 10, 1993 C-1 DRAFT
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.
Lqj 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 performing
the functions of a Local Enforcement Agency shall
be excluded from these costs .
(2 ) Amount
(a) Prem—Develepment Ge-eE ' nate - Community
Development Department
( 1) None ($0 .00) . All costs are to be paid by
applicant or owner.
(b) Public Works
Department
( 1) None ($0 . 00) . All costs to be paid by
applicant or owner.
jgj Health Services Department
ill 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
(e) Geuntywide crv'u-S ire l'd—zra-ga s-dea8Was
Eek . ev i de d that a deelsien by a majerity
eche titles—within the r.,theEity beundaEles te,
May 10, 1993 C-2 DRAFT
EXHIBIT 'C'
beginning 120 days
J511 Implementation Monitoring
Monitoring and co-ordination of implementation of
Countywide Integrated Waste Management Plan,
response to requests for data and information, . . . .
(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.
5—yeaE Feyislen to the Goon yw{de i tagEated Wast�
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
forth in Table 3 of this Exhibit C.
May 10, 1993 C-3 DRArr
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- U. adjusted to
reflect annually published California Department of
Finance population data fellewi ng e eh eensus and
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 adjusted cost 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,
"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.
May 10, 1993 C-4 DRAFT
EXHIBIT 'C'
D. FUTURE CONTRACTS
1-11 Definition
County costs incurred as a result of future contracts
between the Authority and County consisting of:
Recycling Markets Development Zone
Costs incurred by County in performing the
functions of Zone Administrator and costs of
implementation of A plan for development of local
recycling businesses . Future contract may include,
but not be limited to, definition of roles of the
Authority, County, Member Cities; development of
appropriate financial incentives for development of
local recycling businesses, and co-ordination of
market development activities .
JbI 5-year Update of Countywide Integrated Waste
Management Plan and Countywide Siting Element
Costs incurred in preparation, submittal and
obtaining the approval of the California Integrated
Waste Management Board as necessary to the 5-Year
Update required by California Public Resources
Code, Section 41770, as amended.
jc 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 participate in such
program will result in removal of County's cost of
such program from IRRF rates beginning 120 days
after such decision.
Other Activities
Activities undertaken pursuant to other contracts
which may be entered into by County and Authority.
May 10, 1993 C-5 DRhn
EXHIBIT 'C'
(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 $
Guide to Waste Reduction & $
Recycling
Implementation Monitoring $
Total $
TABLE C-2
Population
Area Population Allocation
Member Cities 169,741 218
Unincorporated District Area 25,657 38
Total Member Cities and 195,398 248
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 $
Unincorporated District Area $
Total Member Cities and $
Unincorporated District Area
A:20exhbtc
May 10, 1993 C-7 Dp-%n