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HomeMy WebLinkAbout010-92RESOLUTION NO. 10-92 APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU') BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT (CENTRAL SAN) AND THE TOWN OF DANVILLE FOR THE IMPLEMENTATION OF THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT (AB 939) WHEREAS, Central San has controlled garbage collection in Danville longer than the Town has been incorporated; and WHEREAS, in 1986 the Town of Danville and Central San entered into the existing agreement for Central San to continue as franchisor to manage Danville's garbage collection franchise until March 1996; and WHEREAS, the Town has not decided whether or when to take over control of the franchise upon its expiration in 1996; and WHEREAS, as a result of said agreement Danville has no direct control over decisions affecting the franchise, i.e., programs, service levels, rates, etc.; and WHEREAS, the recently passed California Integrated Waste Management Act (AB 939) requires cities' annum waste disposal into landfills be reduced 25 percent and 50 percent by the years 1995 and 2000, respectively; and WHEREAS, AB 939 allows the imposition of a penalty of $10,000 per day against jurisdictions for non-compliance; and WHEREAS, AB 939 places the responsibility for implementing AB 939 with the Town of Danville even though the Town does not control the garbage franchise; and WHEREAS, Central San has the contractual authority and responsibility to implement AB 939 for the Town of Danville; and WHEREAS, the staff of Central San and the Town of Danville have prepared a MOU to enhance and clarify the respective roles and responsibilities in the implementation of AB 939; and WHEREAS, the Central San's Board of Directors has reviewed and agreed to the MOU on December 19, 1991; now therefore be it PAGE I OF RESOLUTION NO. 10-92 RESOLVED that the Town Council of the Town of Danville hereby approves the Memorandum of Understanding for the clarification of the respective roles and responsibilities between the parties for the implementation of AB 939 until such time as the Town takes control of franchise management, and directs the Town Manager to sign said MOU. APPROVED by the Danville Town Council at a Regular Meeting on Jaunary 21, 1992 by the following vote: A~rES: LANE, SHIMANSKY, GREENBERG, RITCHEY, DOYLE NOES: NONE ABSTAINED: NONE ABSENT: NONE APPROVED AS TO FORM: ~TY ATTORNEY ATTEST: CITY CLERK PAGE 2 OF RESOLUTION NO. 10-92 MEMORANDUM OF UNDERSTANDING BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT AND THE TOWN OF DANVILLE, FOR AB 939 PLANNING AND IMPLEMENTATION ASSISTANCE This memorandum of understanding ("MOU") is made and entered into between the Central Contra Costa Sanitary District, a public agency formed pursuant to California Health & Safety Code Section 6400, etsea. (hereinafter "DISTRICT") and the Town of Danville, a separate political subdivision of the State of California (hereinafter "TOWN"). RECITALS A. DISTRICT is a regional public waste management agency providing solid waste and wast.water management, resource recovery and disposal services and facilities to the public, as well as businesses, within the TOWN and unincorporated areas of Central Contra Costa County. Residents of TOWN utilize the services of DISTRICT. C. Assembly Bill 939 (Chapter 1095, Statutes of 1989) codified in Public Resources Code Section 40000, etsea., hereinafter referred to as AB 939, requires TOWN to, among other things, develop and adopt a Source Reduction and Recycling Element ("SRRE") and submit it to the County of Contra Costa on or before July 1, 1991. AB 939 also mandates the diversion of 25% of identified TOWN'S solid waste from landfill or transformation facilities by January 1, 1995 and the diversion of 50% by .January 1, 2000. Cleanup legislation known as Assembly Bill 2707 (Chapter 1406, Statutes of 1990), hereinafter referred to as AB 2707, requires a submittal of a separate Household Hazardous Waste Element, hereinafter referred to as "HHWE", to the County on or before July 1, 1991. (Chapter 1406 adds or modifies Public Resources Code Sections 41003, 41303, 41500, 41510, 41750, 41793, 41802, 41823, 41825, and 41903.) AB 2092 of 1991, which will be considered in 1992, would provide for an extension of that submission date to May 1, 1992, if an EIR is being prepared for the submission by the submitting agency. D. TOWN desires to utilize the services of DISTRICT in meeting AB 939 and AB 2707 requirements (and other implementing legislation and regulations related thereto) including the preparation of a waste characterization component, and the preparation and development of a final SRRE and HHWE on a timely basis, and achievement of the mandated 1995 waste diversion goals. DISTRICT desires to provide such services to TOWN. E. DISTRICT desires to provide such additional services related to recycling, source reduction, and other similar activities which may be required by such new legislation as may be adopted during the term of this Agreement, if practical. TOWN and DISTRICT may desire, in the future, to utilize the services of the DISTRICT meeting such new legislative requirements. To the extent that provision of such additional related services by the DISTRICT in the future is appropriate and practical, the DISTRICT and the TOWN desire to negotiate amendments to this Agreement, or enter into such new agreements as may be appropriate and practical to allow for the DISTRICT to provide such additional services to the residents of TOWN. F. Pursuant to Public Resources Code Section 41823, DISTRICT and TOWN may enter into an MOU providing for the rendering of such AB 939 and AB 2707 services by DISTRICT. G. DISTRICT and TOWN enter into this MOU to define their respective scope of work and obligations hereunder. ARTICLE 1: RETFNTION OF DISTRICT 1.1 Services. DISTRICT shall provide the services described in Article 2 below and "Exhibit "A", attached hereto and incorporated herein, on the terms and conditions hereinafter set forth. 1.2 TOWN Authority. It is acknowledged and agreed that TOWN presently has the exclusive responsibility for compliance with all aspects of the obligations set forth in AB 939 and AB 2707 within the incorporated areas; however, the TOWN may delegate such authority as it may have for carrying out the compliance with the obligations of AB 939 and AB 2707 (and other implementing legislation and regulations related thereto) to another agency pursuant to provisions of Public Resources Code Section 41823. 1.3 TOWN Delegation of Authoritv. The TOWN hereby .delegates such authority it may have for carrying out of the compliance obligations of AB 939 and AB 2707 (and .other implementing legislation regulations related thereto) to the DISTRICT in order to empower the DISTRICT to carry out the programs which may be necessary for said compliance through the DISTRICT°s statutory authority in solid waste matters and such authority as the DISTRICT may have through its franchise agreements with solid waste collectors. The DISTRICT. shall provide such assistance as is described in this MOU and in accordance with the scope of work. 1.4 Independent Contractor. It is acknowledged and agreed that DISTRICT's relationship to TOWN pursuant to this MOU is one of an independent contractor and DISTRICT is not, and shall not be deemed, an employee of TOWN for any purposes, nor shall DISTRICT employees or consultants be deemed employees of the TOWN. It is acknowledged that the DISTRICT and TOWN share a unique and mutually beneficial relationship which shall be reflected in the cooperative efforts of involved project staff. ARTICLE ~: SCOPF OF DISTRICT SERVICES 2.1 Waste Characterization Studv. DISTRICT shall provide TOWN with an initial Waste Characterization Study, structured to comply with the legislative requirements of AB 939, with regard to the preparation of TOWN'S final SRRE. In its performance of this task, DISTRICT may employ the services of consultants and other resources. 2 2.2 Source Reduction and Recvclino Element ("SRRE") and Household Hazardous Waste Element ("HHWE") Preparation. A. DISTRICT shall prepare a final SRRE and HHWE for the TOWN in a manner specified by the final AB 939 and AB 2707 regulations. DISTRICT may employ the services of competent consultants and other resources in preparation of the draft and final SRRE and HHWE for the TOWN. B. DISTRICT shall submit a preliminary draft SRRE and HHWE to TOWN for review on or before October 25, 1991. DISTRICT shall thereafter assist TOWN in staff, council and public review of the draft SRRE and HHWE, including the incorporation of revisions which may result from the review process. DISTRICT shall provide TOWN, upon request, all available information relevant to the completion of the TOWN'S draft SRRE and HHWE. C. DISTRICT shall be responsible for required annual reports to the California Integrated Waste Management Board (CIWMB). .. D. The Central Contra Costa Solid Waste Authority (CCCSWA), of which the DISTRICT is a member, shall be responsible as a lead agency for compliance with CEQA, including the preparation of appropriate environmental review documents and timing the completion of the review process so as to insure compliance with the proposed May 1, 1992 deadline, for submission of the final SRRE and HHWE to the County of Contra Costa. DISTRICT shall provide, upon request, all available information relevant to the completion of the appropriate CEQA documents. TOWN shall be a Responsible Agency .with regard to the CEQA process and shall review the environmental documents prepared for it by the DISTRICT. E. DISTRICT will be the liaison between the TOWN, the AB 939 local Task Force, and the California Integrated Waste Management Board during the SRRE and HHWE approval process. 2.3 Source Reduction and Recycling Element Imolementation. A. The Source Reduction and Recycling Element shall contain an implementation schedule. The DISTRICT will, working through refuse franchise agreements, adhere to the implementation schedule to the greatest extent possible in order to achieve the mandated diversion of 25% of all identified TOWN solid waste from permitted landfill or transformation facilities by January 1, 1995 and to plan for the achievement of the mandated diversion of 50% of all identified TOWN solid waste by January 1, 2000. B. DISTRICT's Board of Directors shall consider all programs which may be required for the implementation of the Source Reduction and Recycling Element. The Board of Directors shall have the authority to implement such programs through the refuse franchise agreemenus as may IDe required ~o meet said mandated diversion requirements. 3 2.4 Coordination of Services. In order to ensure that services are coordinated, DISTRICT staff shall be available to meet and confer jointly with TOWN staff on an as- needed basis. The purpose of the meetings will be to provide opportunity for multi- jurisdictional information sharing and exchanging of technical expertise. 2.5 Staffing Responsibilities. District accepts the responsibility for providing all staffing as may be required for the carrying out of the scope of DISTRICT services to be provided as set forth herein. ARTICLE 3: SCOPE OF TOWN'S RESPONSIBI! ITIES 3.1 Provision of Information and Materials. TOWN shall provide DISTRICT information and materials specific to its jurisdiction, not readily available from other sources, relating to the carrying out of this MOU and shall provide such assistance and polic~/direction as may be reasonably necessary to carry out the TOWN'S responsibilities. TOWN shall undertake such reasonable actions as may be recluired to promote adopted resource recovery and waste reduction programs, sUCh as but not limited to, publishing articles in TOWN'S newsletters regarding implementation of the programs and coordinating with DISTRICT staff to maximize exposure of DISTRICT's educational efforts. 3.2 Adherence to Implementation Schedule. The TOWN will adhere to the implementation schedule to the greatest extent possible in order to support the DISTRICT's efforts in achieving the mandated diversion goals. 3.3 Use of TOWN'S Municipal Powers. TOWN agrees to use its best efforts to 'Provide for the implementation of recycling and source reduction objectives through appropriate use of TOWN'S land use authority and other municipal powers as may be appropriate to accomplish the effective implementation of the adopted source reduction and recycling program. 3.4 Direction of Wastestream and/or Recvclables. TOWN hereby agrees to delegate all such authority otherwise retained by the TOWN with regard to the direction of the wastestream and/or recyclables, if any, to a site or sites as may be directed by the DISTRICT. 3.5 Use of Comoost and Recvclables. TOWN agrees that it shall make reasonable efforts after due consideration to aid the DISTRICT in developing markets for any usable compost or other usable recycled materials which are produced from the TOWN'S wastestream as a result of the DISTRICT's implementation of the Source Reduction and Recycling Element. The responsibility of the TOWN shall include the TOWN making reasonable efforts to use said products for TOWM services to the extent practicable. ARTICLE 4: AGREEMENT EFFFCTIVE DATE AND TERMINATION 4.1 Effective Date. This MOU shall be deemed effective as to the TOWN upon execution by DISTRICT and TOWN and shall remain in full force until February 29, 1996, 4 which is the date when the current term of the existing DISTRICT solid waste collection franchise expires. 4.2 Termination.by TOWN. This MOU may be terminated by the TOWN as to said TOWN's participation at any time with or without cause by said TOWN giving DISTRICT written notice. Such termination will be effective ninety (90) days following receipt by DISTRICT of the written notice of termination. 4.3 Termination by DISTRICT. This MOU may be terminated by DISTRICT as to the TOWN at any time with or without cause by DISTRICT giving said TOWN written notice. Such termination shall be effective not less than one hundred eighty (180) days following receipt by TOWN of the written notice of termination, unless otherwise agreed to in writing between the TOWN and DISTRICT. ARTICI F 5; FUNDING 5.1 DISTRICT Funding. The DISTRICT, at.its sole expense, shall provide the funding for the provision of services by DISTRICT under this MOU. Such funding will be recovered through refuse "franchise fees". TOWN does not assume and shall not be liable for the direct payment of any salary, wages, or other compensation to any DISTRICT personnel performing services hereunder. 5.2 Additional Fundine. It is anticipated that barring the occurrence of extraordinary circumstances (i.e., substantive regulatory changes, etc.) the franchise fees available for this purpose will be sufficient to cover all expenses incurred. In the event .o.f such extraordinary circumstances or if parties desire provision of services beyond those identified in the Scope of Work, the parties agree to consult regarding methods of funding such services. 5.3 Grant and/or AB 939 Funds. TOWN shall commit to cooperating with the DISTRICT to apply for grant funds or other AB 939 funds available to TOWN for programs applicable to facilities and services provided by the DISTRICT for the purposes of compliance with AB 939 and AB 2707, if any, in order to minimize costs which would otherwise be borne by the rate payers. TOWN shall direct such funds, and the proportion of AB 939 fees collected by the County at disposal facilities and 'reimbursed to the TOWN, in excess of costs incurred by the TOWN for AB 939 planning and implementation, to the DISTRICT for deferring costs incurred by the DISTRICT in the carrying out of the services provided by the DISTRICT pursuant to this agreement. ARTICI E 6: INSURANCI=, INDEMNITY, FINFS AND AI LOCATION OF LIABILITY 6.1 Insurance and Indemnity. DISTRICT agrees to require its contractors and consultants to provide insurance and indemnification in favor of the TOWN in the same manner and to the same extent as such insurance and indemnification is procured to protect the DISTRICT, to the extent such is legally permissible under the existing franchise agreements. Neither TOWN nor DISTRICT shall, as a condition of the execution of this Agreement, be required directly to provide insurance coverage or protection to the other, or to contractually indemnify the other against damages to any person or property. 5