agenda - wednesday, march 18, 2015
TRANSCRIPT
TEHAMA COUNTY
TEHAMA COUNTY SANITARY LANDFILL AGENCY (JPA I)
AGENDA ● MARCH 18, 2015
Regular Corning City Council Chambers 6:00 PM
794 Third Street, Corning, CA 96021
Tehama County Page 1 Updated 3/13/2015 11:08 AM
Chair: Dennis Garton Vice Chair: Dave Linnet
1. CALL TO ORDER
A. Pledge of Allegiance
2. PUBLIC COMMENT
3. REGULAR ITEMS
A. Minutes
Recommended Approval of Minutes
1. Tehama County Sanitary Landfill Agency - Regular - Nov 19, 2014 6:00 PM
B. Warrant Register
1. Grant-Funded Warrants, March 2015 Recommend approval of the warrants in the amount of $34,526.75, as presented.
2. Non Grant-Funded Warrants, March 2015 Recommend approval of the warrants in the amount of $7,623.63, as presented.
Agenda Tehama County Sanitary Landfill Agency March 18, 2015
Tehama County Page 2 Updated 3/13/2015 11:08 AM
4. REGULAR - LANDFILL ONLY
1. Annual Appointment of Director-At-Large Appoint Forrest Flynn to the Director-At-Large position.
2. Fiscal Year 2013/2014 Independent Audit Recommend acceptance of FY 2013/14 audit as presented.
3. Independent Audit Services Proposal FY 2014/15 Recommend the Board approve the proposal for Donald R. Reynolds to provide Independent Auditing Services for FY 2014/2015 in an amount not to exceed $4,500.00 and authorize the Chair to sign the Agreement for Professional Services.
4. Third Quarter FY 2014/15 Budget Update and Proposed FY 2015/16 Budget This item is for informational purposes only and no further action is required.
5. Organics Recycling Exemption Resolution Recommend approval of the resolution of the Tehama County Sanitary Landfill Agency Opting to Affirm an Exemption from the Requirements of Mandatory Commercial Organics Recycling.
6. JPA I and JPA II Consolidation Review and provide comments to the proposed Amended and Restated Joint Powers Agreement Establishing the Tehama County/Red Bluff Landfill Management Agency to Reconstitute the Agency as the Tehama County Solid Waste Management Agency.
7. Waste Tire Collection Event Grant FY 2015/16 This item is for informational purposes only and no further action is required.
8. Farm & Ranch Solid Waste Cleanup and Abatement Grant Update This item is for informational purposes only. No further action is required.
9. 26th Cycle Competitive Beverage Container Recycling Grant Awarded This item is for informational purposes only. No further action is required.
10. 20th Cycle Household Hazardous Waste Grant Update This item is for informational purposes only. No further action is required.
11. Smart Business Alliance Quarterly Update This item is for informational purposes only. No further action is required.
12. Outreach Update This item is for informational purposes only and no further action is required.
TEHAMA COUNTY
TEHAMA COUNTY SANITARY LANDFILL AGENCY (JPA I)
MINUTES ● NOVEMBER 19, 2014
Regular Red Bluff City Council Chambers 6:00 PM
555 Washington Street, Red Bluff, CA 96080
Tehama County Page 1 Updated 2/25/2015 4:58 PM
1. CALL TO ORDER
Attendee Name Title Status Arrived
James Bacquet Director Present
Toni Parkins Director Absent
Wayne Brown Director Present
Dave Linnet Vice-Chair Present
Dennis Garton Chair Absent
2. PUBLIC COMMENT
Ms. Rachel Ross informed the Board that Mrs. Kristina Miller, Agency Manager, has unexpectedly started her maternity leave early and will return on February 1, 2015.
3. REGULAR ITEMS
A. Minutes
Recommended Approval of Minutes
1. Tehama County Sanitary Landfill Agency - Regular - Sep 17, 2014 6:00 PM
RESULT: ACCEPTED [UNANIMOUS]
MOVER: James Bacquet, Director
SECONDER: Wayne Brown, Director
AYES: Bacquet, Brown, Linnet
ABSENT: Parkins
B. Warrant Register
1. Grant-Funded Warrants, November 2014 Recommend approval of $10,030.31 In direct expenses and $7,325.00 In expenses reimbursed to JPA II, for a total of $17,355.31.
RESULT: APPROVE [UNANIMOUS]
MOVER: Wayne Brown, Director
SECONDER: James Bacquet, Director
AYES: Bacquet, Brown, Linnet
ABSENT: Parkins
2. Non-Grant Funded Warrants, November 2014 Recommend approval of non-grant funded warrants in the amount of $25,810.48.
3.A.1
Packet Pg. 3
Min
ute
s A
ccep
tan
ce:
Min
ute
s o
f N
ov
19, 2
014
6:00
PM
(R
eco
mm
end
ed A
pp
rova
l of
Min
ute
s )
Minutes Tehama County Sanitary Landfill Agency November 19, 2014
Tehama County Page 2 Updated 2/25/2015 4:58 PM
RESULT: APPROVE [UNANIMOUS]
MOVER: Wayne Brown, Director
SECONDER: James Bacquet, Director
AYES: Bacquet, Brown, Linnet
ABSENT: Parkins
4. REGULAR - LANDFILL ONLY
1. 2015 Meeting Schedule Review and approve the 2015 meeting schedule as presented.
RESULT: APPROVE [UNANIMOUS]
MOVER: Wayne Brown, Director
SECONDER: James Bacquet, Director
AYES: Bacquet, Brown, Linnet
ABSENT: Parkins
2. CalRecycle Farm & Ranch Solid Waste Cleanup and Abatement Grant Agreement Recommend the Board review and approve the Contracting Services: Tehama County Sanitary
Landfill Agency and Walberg Inc. contractor agreement in an amount not to exceed $11,900.00.
RESULT: APPROVE [UNANIMOUS]
MOVER: Wayne Brown, Director
SECONDER: James Bacquet, Director
AYES: Bacquet, Brown, Linnet
ABSENT: Parkins
3. Waste Tire Collection Event Update This item is for informational purposes only and no further action is required.
There was discussion amongst Agency staff and the Board regarding the February 2015 Agricultural Tire Collection Event.
RESULT: INFORMATIONAL
4. Outreach Update This item is for informational purposes only and no further action is required.
RESULT: INFORMATIONAL
Approved By___________________________________
Chair – Dennis Garton
Tehama County Sanitary Landfill Agency By____________________________________________ Recording Secretary
3.A.1
Packet Pg. 4
Min
ute
s A
ccep
tan
ce:
Min
ute
s o
f N
ov
19, 2
014
6:00
PM
(R
eco
mm
end
ed A
pp
rova
l of
Min
ute
s )
Tehama County Sanitary Landfill Agency March 18, 2015 Prepared By: Kristina Miller
Grant-Funded Warrants, March 2015
Requested Action:
Recommend approval of the warrants in the amount of $34,526.75, as presented. Financial Impact: Background Information:
Please find the warrants attached.
3.B.1
Packet Pg. 5
Grant Expense 504Issue: Warrants Backup: YesPetitioner: Kristina Miller Clerk Ref. #: Recommendation: Approve warrants as presented
FISCAL IMPACT:Yes - $34,526.75
12/02/14 WASTE TIRE PRODUCTS 8,224.00$ TIRES, LABOR & EQUIP FOR REMOVAL12/12/14 ASBURY ENVIRONMENTAL 263.10$ 55 GAL DRUM, OILY SOLIDS12/12/14 CPSC 1,695.10$ BROCHURES, SURVEYS 9/1-9/3012/12/14 CEC ECO SOLUTIONS, INC 210.00$ CORNING, RB HHW FAC MGMT,OPS, MAINT, LOAD CHECKS12/12/14 FARM BUREAU NEWS 48.00$ DECEMBER AD12/16/14 ROBERSON ENTERPRISES 135.00$ LABOR ONLY 27 T'S12/17/14 GARY MITCHELL 750.00$ FEB 2015- JULY 201512/18/14 GREENWASTE OF TEHAMA 29.26$ VILLA COLUMBIA CART RENTAL 12/01-12/31/1412/22/14 GARY MITCHELL 62.50$ JANUARY RENT-UNIT 9212/22/14 BAGLEY ENTERPRISES 38.48$ 3-1.5" Y STRAINER SCREENS12/24/14 CALCARD 415.59$ VINYL STICKERS, HHW HOUSE SUPPLIES12/24/14 CALCARD 111.75$ 4 R KIDS BANNER12/24/14 CALCARD 24.70$ LOCKS 12/24/14 CALCARD 13.94$ SUPPLIES FOR HHW HOUSE01/06/15 WALBERG INC. 11,900.00$ CLEAN UP OF ILLEGAL DUMPING01/12/15 CEC ECO SOLUTIONS, INC 17.50$ CORNING FACILITY OPS01/13/15 ASBURY ENVIRONMENTAL 137.75$ 95 GAL OILY WATER01/13/15 FARM BUREAU NEWS 48.00$ JANUARY AD01/15/15 GREENWASTE OF TEHAMA 35.54$ VILLA COLUMBIA, HORSE CART RENTAL 1/01-1/31/1501/16/15 ENTERPRISE RECORD, MERCURY-REGISTER 99.00$ ROP AD, INTERACTIVE01/16/15 THOMAS HUTH 350.00$ 12/01-12/31 RADIO SPOTS01/23/15 TEHAMA COUNTY FACILITIES MAINTENANCE 10.70$ HOME DEPOT-ANGLE GUAGE, BRACES, WASHERS, SCREWS01/27/15 ASBURY ENVIRONMENTAL 35.00$ 55 GAL DRUM, OILY SOLIDS01/27/15 STAPLES CREDIT PLAN 3.45$ LAMINATE LETTERS01/29/15 SALES TAX 28.35$ S TX INTERNATIONAL GRAPHIC01/29/15 SALES TAX 11.09$ S TX CLOTHES MADE FROM SCRATCH01/29/15 SALES TAX 274.49$ S TX RECONYX INC02/04/15 ASBURY ENVIRONMENTAL 263.10$ 55 GAL DRUM, OILY SOLIDS02/04/15 RED BLUFF CHAMBER OF COMMERCE 50.00$ BEAM REGISTRATION02/09/15 CEC ECO SOLUTIONS, INC 157.50$ RB, CORNING HHW FACILITY OPS02/09/15 WASTE TIRE PRODUCTS 1,006.50$ PASSENGER TIRES FROM 1/24 EVENT02/17/15 CPSC 1,729.60$ 10/1-10/31/14 OP EDS, SURVEY ANALYSIS02/17/15 CPSC 248.90$ 11/1-11/30/14 OP EDS, INTERVIEWS02/17/15 CPSC 271.10$ 12/1-12/31/14 OP EDS, INTERVIEWS02/17/15 GREENWASTE OF TEHAMA 29.26$ VILLA COLUMBIA CART RENTAL 2/01-2/28/1502/18/15 ENTERPRISE RECORD, MERCURY-REGISTER 540.38$ ROP-PASSENGER, AG TIRE EVENTS02/18/15 FARM BUREAU NEWS 48.00$ FEBRUARY AD02/19/15 TRI-COUNTY NEWSPAPERS 270.00$ TIRE COLLECTION ADS02/26/15 RURAL COUNTIES ENVIRONMENTAL SERVICES 1,918.04$ SWEETSER & ASSOCIATES-COUNTY FAIR ASSISTANCE03/10/15 ASBURY ENVIRONMENTAL 70.00$ USED OIL, GAS FILTERS03/10/15 CLEAR STREAM RECYCLING 353.65$ 1 BEVERAGE MAX KIT
Sub Total $31,928.32
Grant Hours-NOV 2014 -$ MILLERGrant Hours-NOV 2014 933.03$ ROSSGrant Hours-NOV 2014 130.42$ FREUNDGrant Hours-DEC 2014 -$ MILLERGrant Hours-DEC 2014 1,284.17$ ROSSGrant Hours-DEC 2014 250.81$ FREUNDSub Total - Admin. Serv. $2,598.43
Total $34,526.75
Respectfully Submitted,
Kristina Miller, Landfill Agency Manager
Tehama County Sanitary Landfill AgencyAgenda Item
Wednesday, March 18, 2015
3.B.1.a
Packet Pg. 6
Att
ach
men
t: J
PA
1 (
504)
GR
AN
TS
WA
RR
AN
T R
EG
IST
ER
.xls
FY
14-
15 (
5095
: G
ran
t-F
un
ded
War
ran
ts, M
arch
201
5)
Tehama County Sanitary Landfill Agency March 18, 2015 Prepared By: Kristina Miller
Non Grant-Funded Warrants, March 2015
Requested Action:
Recommend approval of the warrants in the amount of $7,623.63, as presented. Financial Impact: Background Information:
Please find the warrants attached.
3.B.2
Packet Pg. 7
506Issue: Warrants Backup: YesPetitioner: Kristina Miller Clerk Ref. #: Recommendation: Approve warrants as presented
FISCAL IMPACT:Yes - 7,623.63$
12/12/14 DAILY NEWS 211.23$ VACANCY ADS12/16/14 GREGORY P EINHORN 30.00$ PREPARE AUDIT LETTER01/06/15 LAWRENCE & ASSOCIATES 582.50$ TESTING, COST COMPARISON01/16/15 DONALD REYNOLDS, CPA 4,000.00$ ANNUAL AUDIT OF JPA 1 @ 68/30/14- 2ND PROGRESS01/27/15 STAPLES CREDIT PLAN 39.98$ SHELF TALKERS02/26/15 LAWRENCE & ASSOCIATES 2,759.92$ FINAL CLOSURE & POST CLOSURE
Grand Total 7,623.63$
Respectfully Submitted,
Kristina Miller, Landfill Agency Manager
Tehama County Sanitary Landfill AgencyAgenda Item
Meeting of March 18, 2015
3.B.2.a
Packet Pg. 8
Att
ach
men
t: J
PA
1 (
506)
WA
RR
AN
T R
EG
IST
ER
.xls
FY
14-
15 (
5096
: N
on
Gra
nt-
Fu
nd
ed W
arra
nts
, Mar
ch 2
015)
Tehama County Sanitary Landfill Agency March 18, 2015 Prepared By: Kristina Miller
Annual Appointment of Director-At-Large
Requested Action:
Appoint Forrest Flynn to the Director-At-Large position. Financial Impact: Background Information:
Annually the Agency appoints a Director-At-Large to serve on the Agency Board for a year. An announcement regarding the vacancy was published in the Red Bluff Daily News on November 12, 19, and 26, 2014. The position is currently held by Toni Parkins. Due to other commitments, Mrs. Parkins is no longer interested in the position. The Agency received one application from Forrest Flynn. Mr. Flynn previously sat on the JPA I and JPA II Boards as a former Red Bluff City Council member. In the event JPA I and JPA II are consolidated, the Director-At-Large Position will no longer exist.
4.1
Packet Pg. 9
Tehama County Sanitary Landfill Agency March 18, 2015 Prepared By: Kristina Miller
Fiscal Year 2013/2014 Independent Audit
Requested Action:
Recommend acceptance of FY 2013/14 audit as presented. Financial Impact: Background Information:
Separate from your agenda packet is a copy of the Agency’s fiscal year 2013/14 independent audit as prepared by Donald Reynolds, CPA. For a concise discussion of the audit and the Agency’s fiscal management, please see the attached section titled “Management Discussion and Analysis,” which is my interpretation of the audit results. Don Reynolds will be present during the March 18, 2015 meeting to present the results of the audit and answer questions from the Board.
4.2
Packet Pg. 10
Tehama County Sanitary Landfill Agency March 18, 2015 Prepared By: Kristina Miller
Independent Audit Services Proposal FY 2014/15
Requested Action:
Recommend the Board approve the proposal for Donald R. Reynolds to provide Independent Auditing Services for FY 2014/2015 in an amount not to exceed $4,500.00 and authorize the Chair to sign the Agreement for Professional Services. Financial Impact: Background Information:
Donald R. Reynolds has completed the independent audit for both JPA I and JPA II for the past three years. The cost of the FY 2014/2015 Independent Audit as proposed by Mr. Reynolds is $4,500.00, which is the same as the cost for FY 2013/2014 audit. Due to the possible consolidation of JPA I and JPA II beginning in FY 2015/2016, it does not make sense to retain a new auditor for a one year period of time. As such, I requested Don Reynolds provide a proposal for a FY 2014/2015 audit (attached). After a decision is made about the consolidation, the Full Board can decide if it would like to retain Mr. Reynolds for another three-year period or issue a Request for Proposals for independent auditing services.
4.3
Packet Pg. 11
4.3.a
Packet Pg. 12
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 13
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 14
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 15
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 16
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 17
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 18
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 19
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 20
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 21
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 22
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 23
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 24
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 25
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 26
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 27
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 28
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 29
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 30
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 31
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
4.3.a
Packet Pg. 32
Att
ach
men
t: F
Y 2
0141
5 In
dep
end
ent
Au
dit
Pro
po
sal
(509
3 :
Ind
epen
den
t A
ud
it S
ervi
ces
Pro
po
sal F
Y 2
014/
15)
1
AGREEMENT FOR PROFESSIONAL
SERVICES THIS AGREEMENT for Professional Services ("Agreement") is made as of the Agreement Date set forth below by and between the TEHAMA COUNTY SANITARY LANDFILL AGENCY, a joint powers agency created and existing as a public entity under the laws of the State of California ("the Agency"), and DONALD R. REYNOLDS, CPA., (the “Contractor”) In consideration of the services to be rendered, the sums to be paid, and each and every covenant and condition contained herein, the parties hereto agree as follows:
OPERATIVE PROVISIONS 1. SERVICES. The Contractor shall provide those audit services described in Attachment "A", Provision A-1. Contractor shall provide said services at the time, place and in the manner specified in Attachment "A", Provisions A-2 through A-3. 2. TERM. Commencement Date: March 18, 2015 Termination Date: June 30, 2016 3. PAYMENT. Agency shall pay Contractor for services rendered pursuant to this Agreement at the time and in the amount set forth in Attachment "B". The payment specified in Attachment "B" shall be the only payment made to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all billings for said services to Agency in the manner specified in Attachment "B". 4. FACILITIES, EQUIPMENT AND OTHER MATERIALS AND OBLIGATIONS
OF AGENCY. Contractor shall, at its sole cost and expense, furnish all facilities, equipment, and other materials which may be required for furnishing services pursuant to this Agreement, except as provided in this paragraph. Agency shall furnish Contractor only those facilities, equipment, and other materials and shall perform those obligations listed in Attachment "A".
4.3.b
Packet Pg. 33
Att
ach
men
t: P
rof
Ser
vice
Ag
mt
(au
dit
ser
vice
) JP
A 1
FY
1415
Do
n R
eyn
old
s (
5093
: In
dep
end
ent
Au
dit
Ser
vice
s P
rop
osa
l FY
201
4/15
)
2
5. ADDITIONAL PROVISIONS. Those additional provisions unique to this Agreement are set forth in Attachment "C". 6. GENERAL PROVISIONS. The general provisions set forth in Attachment "D" are part of this Agreement. Any inconsistency between said general provisions and any other terms or conditions of this Agreement shall be controlled by the other terms or conditions insofar as the latter are inconsistent with the general provisions. 7. DESIGNATED REPRESENTATIVES. Kristina Miller, Agency Manager, is the designated representative of the Agency and will administer this Agreement for the Agency. Donald Reynolds, CPA is the authorized representative for Contractor. Changes in designated representatives shall occur only by advance written notice to the other party. 8. ATTACHMENTS. All attachments referred to herein are attached hereto and by this reference incorporated herein. Attachments include: Attachment A - Services Attachment B - Payment Attachment C - Additional Provisions Attachment D - General Provisions Attachment E - Form of Invoice 9. AGREEMENT DATE. The Agreement Date is March 18, 2015 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day here first above written. "AGENCY" "CONTRACTOR" By___________________________ ______________________________ Dennis Garton, Chair Donald R. Reynolds, CPA Date:_________________________ Date:_________________________
4.3.b
Packet Pg. 34
Att
ach
men
t: P
rof
Ser
vice
Ag
mt
(au
dit
ser
vice
) JP
A 1
FY
1415
Do
n R
eyn
old
s (
5093
: In
dep
end
ent
Au
dit
Ser
vice
s P
rop
osa
l FY
201
4/15
)
3
ATTEST: ______________________________
4.3.b
Packet Pg. 35
Att
ach
men
t: P
rof
Ser
vice
Ag
mt
(au
dit
ser
vice
) JP
A 1
FY
1415
Do
n R
eyn
old
s (
5093
: In
dep
end
ent
Au
dit
Ser
vice
s P
rop
osa
l FY
201
4/15
)
4
ATTACHMENT A A.1 SCOPE OF SERVICES AND DUTIES. The services to be provided by Contractor and the scope of Contractor's duties include the following:
Audit services for the annual financial statements of the TEHAMA COUNTY SANITARY LANDFILL AGENCY, as more generally described in the Proposal to Provide Independent Auditing Services attached hereto as Exhibit “1”.
A.2. TIME SERVICES RENDERED.
Work will begin by September 1, 2015. Thereafter, Contractor shall perform services in a diligently and timely manner. The independent audit shall be complete by December 15, 2015.
A.3. MANNER SERVICES ARE TO BE PERFORMED.
As an independent Contractor, Contractor shall be responsible for providing services and fulfilling obligations hereunder in a professional manner. Agency shall not control the manner of performance.
A.4. FACILITIES FURNISHED BY AGENCY
Copies of existing records and supporting documentation as necessary to perform all work.
ATTACHMENT A - Page 1 of 1
4.3.b
Packet Pg. 36
Att
ach
men
t: P
rof
Ser
vice
Ag
mt
(au
dit
ser
vice
) JP
A 1
FY
1415
Do
n R
eyn
old
s (
5093
: In
dep
end
ent
Au
dit
Ser
vice
s P
rop
osa
l FY
201
4/15
)
5
ATTACHMENT B
PAYMENT Agency shall pay Contractor as follows: B.1 BASE CONTRACT FEE. Agency shall pay Contractor a contract fee not to exceed the amounts shown, as follows:
Fees will be charged and payable at the following rates:
Contractor shall submit requests for payment (“Invoice”) on a monthly basis, invoicing for all work completed and delivered to the Auditor prior to the issuance of such Invoice. Invoice shall be substantially in the form of the invoice approved by Agency. Payment shall be made within 30 days after the invoice is submitted to and accepted by the Agency. In no event shall total compensation paid to Contractor under this Agreement exceed the amount stated.
ATTACHMENT B - Page 1 of 1
4.3.b
Packet Pg. 37
Att
ach
men
t: P
rof
Ser
vice
Ag
mt
(au
dit
ser
vice
) JP
A 1
FY
1415
Do
n R
eyn
old
s (
5093
: In
dep
end
ent
Au
dit
Ser
vice
s P
rop
osa
l FY
201
4/15
)
6
ATTACHMENT C
ADDITIONAL PROVISIONS
[NONE]
ATTACHMENT C - Page 1 of 1
4.3.b
Packet Pg. 38
Att
ach
men
t: P
rof
Ser
vice
Ag
mt
(au
dit
ser
vice
) JP
A 1
FY
1415
Do
n R
eyn
old
s (
5093
: In
dep
end
ent
Au
dit
Ser
vice
s P
rop
osa
l FY
201
4/15
)
ATTACHMENT D - PAGE 1 OF 7
ATTACHMENT D
GENERAL PROVISIONS D.1 INDEPENDENT CONTRACTOR. For all purposes arising out of this Agreement, Contractor shall be an independent Contractor and Contractor and each and every employee, agent, servant, partner, and shareholder of Contractor (collectively referred to as "The Contractor") shall not be, for any purpose of this Agreement, an employee of Agency. Furthermore, this Agreement shall not under any circumstance be construed or considered to be a joint powers agreement as described in Government Code Section 6000, et seq., or otherwise. As an independent Contractor, the following shall apply:
D.1.1 Contractor shall determine the method, details and means of performing the services to be provided by Contractor as described in this Agreement.
D.1.2 Contractor shall be responsible to Agency only for the requirements and results specified by this Agreement and, except as specifically provided in this Agreement, shall not be subject to Agency's control with respect to the physical actions or activities of Contractor in fulfillment of the requirements of this Agreement.
D.1.3 Contractor shall be responsible for its own operating costs and expenses, property and income taxes, workers' compensation insurance and any other costs and expenses in connection with performance of services under this Agreement.
D.1.4 Contractor is not, and shall not be, entitled to receive from or through Agency, and Agency shall not provide or be obligated to provide the Contractor with workers' compensation coverage, unemployment insurance coverage or any other type of employee or worker insurance or benefit coverage required or provided by any federal, state or local law or regulation for, or normally afforded to, any employee of Agency.
D.1.5 The Contractor shall not be entitled to have Agency withhold or pay, and Agency shall not withhold or pay, on behalf of the Contractor any tax or money relating to the Social Security Old Age Pension Program, Social Security Disability Program or any other type of pension, annuity or disability program required or provided by any federal, state or local law or regulation for, or normally afforded to, an employee of Agency.
D.1.6 The Contractor shall not be entitled to participate in, or receive any benefit from, or make any claim against any Agency fringe benefit program including, but not limited to, Agency's pension plan, medical and health care plan, dental plan, life insurance plan, or other type of benefit program, plan or coverage designated for, provided to, or offered to Agency's employees.
D.1.7 Agency shall not withhold or pay on behalf of Contractor any federal, state or local tax including, but not limited to, any personal income tax owed by Contractor.
D.1.8 The Contractor is, and at all times during the term of this Agreement shall represent and conduct itself as, an independent Contractor and not as an employee of Agency.
4.3.b
Packet Pg. 39
Att
ach
men
t: P
rof
Ser
vice
Ag
mt
(au
dit
ser
vice
) JP
A 1
FY
1415
Do
n R
eyn
old
s (
5093
: In
dep
end
ent
Au
dit
Ser
vice
s P
rop
osa
l FY
201
4/15
)
ATTACHMENT D - PAGE 2 OF 7
D.1.9 Contractor shall not have the Agency, express or implied, to act on behalf of, bind or obligate the Agency in any way without the written consent of the Agency.
D.2 LICENSES, PERMITS, ETC. Contractor represents and warrants to Agency that it has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession at the time the services are performed. D.3 CHANGE IN STATUTES OR REGULATIONS. If there is a change of statutes or regulations applicable to the subject matter of this Agreement, both parties agree to be governed by the new provisions, unless either party gives notice to terminate pursuant to the terms of this Agreement. D.4 TIME. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for the satisfactory performance of Contractor's obligations pursuant to this Agreement. Neither party shall be considered in default of this Agreement to the extent performance is prevented or delayed by any cause, present or future, which is beyond the reasonable control of the party. D.5 INSURANCE. D.5.1 Prior to rendering services provided by the terms and conditions of this Agreement, Contractor shall acquire and maintain during the term of this Agreement insurance coverage through and with an insurer acceptable to Agency, naming the Agency and Agency's officers, employees, agents and independent Contractors as additional insured (hereinafter referred to as "the insurance"). The insurance shall contain the coverage indicated by the checked items below.
___ D.5.1.1 Comprehensive general liability insurance including comprehensive public liability insurance with minimum coverage of One Million Dollars ($1,000,000) per occurrence and with not less than One Million Dollars ($1,000,000) aggregate; Contractor shall insure both Agency and Contractor against any liability arising under or related to this Agreement.
___ D.5.1.2 During the term of this Agreement, Contractor shall maintain in full force
and effect a policy of professional errors and omissions insurance with policy limits of not less than One Million Dollars ($1,000,000) per incident and One Million Dollars ($1,000,000) annual aggregate, with deductible or self-insured portion not to exceed Two Thousand Five Hundred Dollars ($2,500).
___ D.5.1.3 Comprehensive automobile liability insurance with minimum coverage
of One Hundred Thousand Dollars ($100,000) per occurrence and with not less than One Hundred Thousand Dollars ($100,000) on reserve in the aggregate, with combined single limit including owned, non-owned and hired vehicles.
___ D.5.1.4 Workers' Compensation Insurance coverage for all Contractor employees
4.3.b
Packet Pg. 40
Att
ach
men
t: P
rof
Ser
vice
Ag
mt
(au
dit
ser
vice
) JP
A 1
FY
1415
Do
n R
eyn
old
s (
5093
: In
dep
end
ent
Au
dit
Ser
vice
s P
rop
osa
l FY
201
4/15
)
ATTACHMENT D - PAGE 3 OF 7
and other persons for whom Contractor is responsible to provide such insurance coverage, as provided by Division 4 and 4.5 of the Labor Code.
D.5.2 The limits of insurance herein shall not limit the liability of the Contractor hereunder. D.5.3 In respect to any insurance herein, if the aggregate limit available becomes less than that required above, other excess insurance shall be acquired and maintained immediately. For the purpose of any insurance term of this Agreement, "aggregate limit available" is defined as the total policy limits available for all claims made during the policy period. D.5.4 The insurance shall include an endorsement that no cancellation or material change adversely affecting any coverage provided by the insurance may be made until twenty (20) days after written notice is delivered to Agency. D.5.5 The insurance policy forms, endorsements and insurer(s) issuing the insurance shall be satisfactory to Agency at its sole and absolute discretion. The amount of any deductible payable by the insured shall be subject to the prior approval of the Agency and the Agency, as a condition of its approval, may require such proof of the adequacy of Contractor's financial resources as it may see fit. D.5.6 Prior to Contractor rendering services provided by this Agreement, and immediately upon acquiring additional insurance, Contractor shall deliver a certificate of insurance describing the insurance coverages and endorsements to the Agency. D.5.7 Contractor shall not render services under the terms and conditions of this Agreement unless each type of insurance coverage and endorsement is in effect and Contractor has delivered the certificate(s) of insurance to Agency as previously described. If Contractor shall fail to procure and maintain said insurance, Agency may, but shall not be required to, procure and maintain the same, and the premiums of such insurance shall be paid by Contractor to Agency upon demand. The policies of insurance provided herein which are to be provided by Contractor shall be for a period of not less than one year, it being understood and agreed that twenty (20) days prior to the expiration of any policy of insurance, Contractor will deliver to Agency a renewal or new policy to take the place of the policy expiring. D.5.8 Agency shall have the right to request such further coverages and/or endorsements on the insurance as Agency deems necessary, at Contractor's expense. The amounts, insurance policy forms, endorsements and insurer(s) issuing the insurance shall be satisfactory to Agency in its sole and absolute discretion. D.5.9 Any subcontractor(s), independent contractor(s) or any type of agent(s) performing or hired to perform any term or condition of this Agreement on behalf of Contractor, as may be allowed by this Agreement (hereinafter referred to as the "SECONDARY PARTIES"), shall comply with each term and condition of this Section D.5 entitled "INSURANCE". Furthermore, Contractor shall be responsible for the SECONDARY PARTIES' acts and satisfactory performance of the terms and conditions of this Agreement. D.6 INDEMNITY. Contractor shall defend, indemnify, and hold harmless Agency, its elected and appointed councils, boards, commissions, officers, agents, and employees from any
4.3.b
Packet Pg. 41
Att
ach
men
t: P
rof
Ser
vice
Ag
mt
(au
dit
ser
vice
) JP
A 1
FY
1415
Do
n R
eyn
old
s (
5093
: In
dep
end
ent
Au
dit
Ser
vice
s P
rop
osa
l FY
201
4/15
)
ATTACHMENT D - PAGE 4 OF 7
liability for damage or claims for damage for any economic loss or personal injury, including death, as well as for property damage, which may arise from the intentional or negligent acts or omissions of Contractor in the performance of services rendered under this Agreement by Contractor, or any of Contractor's officers, agents, employees, contractors, or subcontractors. D.7 CONTRACTOR NOT AGENT. Except as Agency may specify in writing, Contractor shall have no Agency, express or implied, to act on behalf of Agency in any capacity whatsoever as an agent. Contractor shall have no Agency, express or implied, pursuant to this Agreement to bind Agency to any obligation whatsoever. D.8 ASSIGNMENT PROHIBITED. Contractor may not assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no legal effect. D.9 PERSONNEL. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that Agency, in its sole discretion at any time during the term of this Agreement, desires the removal of any person or persons assigned by Contractor to perform services pursuant to this Agreement, Contractor shall remove any such person immediately upon receiving written notice from Agency of its desire for removal of such person or persons. D.10 STANDARD OF PERFORMANCE. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged. All products of whatsoever nature which Contractor delivers to Agency pursuant to this Agreement shall be prepared in a first class and workmanlike manner and shall conform to the standards of quality normally observed by a person practicing in Contractor's profession. D.11 POSSESSORY INTEREST. The parties to this Agreement recognize that certain rights to property may create a "possessory interest", as those words are used in the California Revenue and Taxation Code (107). For all purposes of compliance by Agency with Section 107.6 of the California Revenue and Taxation Code, this recital shall be deemed full compliance by the Agency. All questions of initial determination of possessory interest and valuation of such interest, if any, shall be the responsibility of the Agency Assessor and the contracting parties hereto. A taxable possessory interest may be created by this, if created, and the party in whom such an interest is vested will be subject to the payment of property taxes levied on such an interest. D.12 TAXES. Contractor hereby grants to the Agency the Agency to deduct from any payments to Contractor any Agency imposed taxes, fines, penalties and related charges which are delinquent at the time such payments under this Agreement are due to Contractor. D.13 TERMINATION. Agency shall have the right to terminate this Agreement at any time by giving notice in writing of such termination to Contractor. In the event Agency gives notice of termination, Contractor shall immediately cease rendering service upon receipt of such written notice and the following shall apply:
D.13.1.1 Contractor shall deliver to Agency copies of all writings prepared by it
4.3.b
Packet Pg. 42
Att
ach
men
t: P
rof
Ser
vice
Ag
mt
(au
dit
ser
vice
) JP
A 1
FY
1415
Do
n R
eyn
old
s (
5093
: In
dep
end
ent
Au
dit
Ser
vice
s P
rop
osa
l FY
201
4/15
)
ATTACHMENT D - PAGE 5 OF 7
pursuant to this Agreement. The term "writings" shall be construed to mean and include: handwriting, typewriting, printing, photostating, photographing, computer storage medium (tapes, disks, diskettes, etc.) and every other means of recording upon any tangible thing, and form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof.
D.13.1.2 In the event that Agency terminates this Agreement Agency shall pay Contractor the reasonable value of services rendered by Contractor to the date of termination pursuant to this Agreement not to exceed the amount documented by Contractor and approved by Agency as work accomplished to date. Further provided, however, Agency shall not in any manner be liable for lost profits which might have been made by Contractor had Contractor completed the services required by this Agreement. In this regard, Contractor shall furnish to Agency such financial information as in the judgment of the Agency is necessary to determine the reasonable value of the services rendered by Contractor. In the event of a dispute as to the reasonable value of the services rendered by Contractor, the decision of the Agency shall be final. The foregoing is cumulative and does not affect any right or remedy which Agency may have in law or equity.
D.13.2 Contractor may terminate its services under this Agreement upon thirty (30) working days written notice to the Agency, without liability for damages, if Contractor is not compensated according to the provisions of the Agreement or upon any other material breach of the Agreement by Agency, provided that Contractor has first provided Agency with a written notice of any alleged breach, specifying the nature of the alleged breach and providing not less than ten (10) working days within which the Agency may cure the alleged breach.
D.14 OWNERSHIP OF INFORMATION. All professional and technical information developed under this Agreement and all work sheets, reports, and related data shall become and/or remain the property of Agency, and Contractor agrees to deliver reproducible copies of such documents to Agency on completion of the services hereunder. The Agency agrees to indemnify and hold Contractor harmless from any claim arising out of reuse of the information for other than this project. D.15 WAIVER. A waiver by any party of any breach of any term, covenant or condition herein contained or a waiver of any right or remedy of such party available hereunder at law or in equity shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained or of any continued or subsequent right to the same right or remedy. No party shall be deemed to have made any such waiver unless it is in writing and signed by the party so waiving. D.16 COMPLETENESS OF INSTRUMENT. This Agreement, together with its specific references and attachments, constitutes all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the parties hereto. Unless set forth herein, neither party shall be liable for any representations made, express or implied. D.17 SUPERSEDES PRIOR AGREEMENTS. It is the intention of the parties hereto that
4.3.b
Packet Pg. 43
Att
ach
men
t: P
rof
Ser
vice
Ag
mt
(au
dit
ser
vice
) JP
A 1
FY
1415
Do
n R
eyn
old
s (
5093
: In
dep
end
ent
Au
dit
Ser
vice
s P
rop
osa
l FY
201
4/15
)
ATTACHMENT D - PAGE 6 OF 7
this Agreement shall supersede any prior agreements, discussions, commitments, representations, or agreements, written or oral, between the parties hereto. D.18 MINOR AUDITOR REVISION. In the event the Tehama County Auditor's office on behalf of the Tehama County Sanitary Landfill Agency finds a mathematical discrepancy between the terms of the Agreement and actual invoices or payments, provided that such discrepancy does not exceed 1% of the Agreement amount, the Auditor's office may make the adjustment in any payment or payments without requiring an amendment to the Agreement to provide for such adjustment. Should the Agency or the Contractor disagree with such adjustment, they reserve the right to contest such adjustment and/or to request corrective amendment. D.19 CAPTIONS. The captions of this Agreement are for convenience in reference only and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. D.20 DEFINITIONS. Unless otherwise provided in this Agreement, or unless the context otherwise requires, the following definitions and rules of construction shall apply herein. D.20.1 NUMBER AND GENDER. In this Agreement, the neuter gender includes the feminine and masculine, the singular includes the plural, and the word "person" includes corporations, partnerships, firms or associations, wherever the context so requires. D.20.2 MANDATORY AND PERMISSIVE. "Shall" and "will" and "agrees" are mandatory. "May" is permissive. D.21 TERM INCLUDES EXTENSIONS. All references to the term of this Agreement or the Agreement Term shall include any extensions of such term. D.22 SUCCESSORS AND ASSIGNS. All representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns. D.23 MODIFICATION. No modification or waiver of any provisions of this Agreement or its attachments shall be effective unless such waiver or modification shall be in writing, signed by all parties, and then shall be effective only for the period and on the condition, and for the specific instance for which given. D.24 COUNTERPARTS. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. D.25 OTHER DOCUMENTS. The parties agree that they shall cooperate in good faith to accomplish the object of this Agreement and, to that end, agree to execute and deliver such other and further instruments and documents as may be necessary and convenient to the fulfillment of these purposes.
4.3.b
Packet Pg. 44
Att
ach
men
t: P
rof
Ser
vice
Ag
mt
(au
dit
ser
vice
) JP
A 1
FY
1415
Do
n R
eyn
old
s (
5093
: In
dep
end
ent
Au
dit
Ser
vice
s P
rop
osa
l FY
201
4/15
)
ATTACHMENT D - PAGE 7 OF 7
D.26 PARTIAL INVALIDITY. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provision and/or provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. D.27 VENUE. It is agreed by the parties hereto that unless otherwise expressly waived by them, any action brought to enforce any of the provisions hereof or for declaratory relief hereunder shall be filed and remain in a court of competent jurisdiction in the County of Tehama, State of California. D.28 CONTROLLING LAW. The validity, interpretation and performance of this Agreement shall be controlled by and construed under the laws of the State of California. D.29 CALIFORNIA TORT CLAIMS ACT. Notwithstanding any term or condition of the Agreement, the provisions, and related provisions, of the California Tort Claims Act, Division 3.6 of the Government Code, are not waived by Agency and shall apply to any claim against Agency arising out of any acts or conduct under the terms and conditions of this Agreement. D.30 TIME IS OF THE ESSENCE. Time is of the essence of this Agreement and each covenant and term herein. D.31 AGENCY. All parties to this Agreement warrant and represent that they have the power and Agency to enter into this Agreement in the names, titles and capacities herein stated and on behalf of any entities, persons, estates or firms represented or purported to be represented by such entity(s), person(s), estate(s) or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement are in full compliance. Further, by entering into this Agreement, neither party hereto shall have breached the terms or conditions of any other contract or agreement to which such party is obligated, which such breach would have a material effect hereon. D.32 CORPORATE AGENCY. If Contractor is a corporation or public agency, each individual executing this Agreement on behalf of said corporation or public agency represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of said corporation, in accordance with a duly adopted resolution of the Board of Directors of said corporation or in accordance with the bylaws of said corporation or Board or Commission of said public agency, and that this Agreement is binding upon said corporation or public entity in accordance with its terms. If Contractor is a corporation, Contractor shall, within thirty (30) days after execution of this Agreement, deliver to Agency a certified copy of a resolution of the Board of Directors of said corporation authorizing or ratifying the execution of this Agreement. D.33 CONFLICT OF INTEREST. D.33.1 LEGAL COMPLIANCE. Contractor agrees at all times in performance of this Agreement to comply with the law of the State of California regarding conflicts of interest, including, but not limited to, Article 4 of Chapter 1, Division 4, Title 1 of the California Government Code, commencing with Section 1090, and Chapter 7 of Title 9 of said Code, commencing with Section 87100, including regulations promulgated by the California Fair
4.3.b
Packet Pg. 45
Att
ach
men
t: P
rof
Ser
vice
Ag
mt
(au
dit
ser
vice
) JP
A 1
FY
1415
Do
n R
eyn
old
s (
5093
: In
dep
end
ent
Au
dit
Ser
vice
s P
rop
osa
l FY
201
4/15
)
ATTACHMENT E
Political Practices Commission. D.33.2 ADVISEMENT. Contractor agrees that if any facts come to its attention which raise any questions as to the applicability of this law, it will immediately inform the designated representative and provide all information needed for resolution of the question. D.33.3 ADMONITION. Without limitation of the covenants in subparagraphs D.34.1 and D.34.2, Contractor is admonished hereby as follows:
The statutes, regulations and laws referenced in this provision D.34 include, but are not limited to, a prohibition against any public officer, including Contractor for this purpose, from making any decision on behalf of Agency in which such officer has a direct or indirect financial interest. A violation occurs if the public officer influences or participates in any Agency decision which has the potential to confer any pecuniary benefit on Contractor or any business firm in which Contractor has an interest of any type, with certain narrow exceptions.
D.34 NONDISCRIMINATION. During the performance of this Agreement, Contractor shall not unlawfully discriminate against any employee of the Contractor or of the Agency or applicant for employment or for services or any member of the public because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex. Contractor shall ensure that in the provision of services under this Agreement, its employees and applicants for employment and any member of the public are free from such discrimination. Contractor shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.). The applicable regulations of the Fair Employment Housing Commission implementing Government Code Section 12900, set forth in Chapter 5, Division 4 of Title 2 of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor shall also abide by the Federal Civil Rights Act of 1964 and all amendments thereto, and all administrative rules and regulation issued pursuant to said Act. Contractor shall give written notice of its obligations under this clause to any labor agreement. Contractor shall include the non-discrimination and compliance provision of this paragraph in all subcontracts to perform work under this Agreement. D.35 JOINT AND SEVERAL LIABILITY. If any party consists of more than one person or entity, the liability of each person or entity signing this Agreement shall be joint and several. D.36 TAXPAYER I.D. NUMBER. The Agency shall not disburse any payments to Contractor pursuant to this Agreement until Contractor supplies the latter's Taxpayer I.D. Number or Social Security Number (as required on the line under Contractor's signature on page 2 of this Agreement). D.37 NOTICES. All notices and demands of any kind which either party may require or desire to serve on the other in connection with this Agreement must be served in writing either by personal service or by registered or certified mail, return receipt requested, and shall be deposited in the United States Mail, with postage thereon fully prepaid, and addressed to the party so to be served as follows:
4.3.b
Packet Pg. 46
Att
ach
men
t: P
rof
Ser
vice
Ag
mt
(au
dit
ser
vice
) JP
A 1
FY
1415
Do
n R
eyn
old
s (
5093
: In
dep
end
ent
Au
dit
Ser
vice
s P
rop
osa
l FY
201
4/15
)
ATTACHMENT E
If to "Agency": Kristina Miller, Agency Manager Tehama County Sanitary Landfill Agency 19995 Plymire Rd. Red Bluff, CA 96080 If to "Contractor": Donald R. Reynolds, CPA P.O. Box 994508 148 Oregon Street Redding, CA 96099-4508 530.246.2834 Email: [email protected]
4.3.b
Packet Pg. 47
Att
ach
men
t: P
rof
Ser
vice
Ag
mt
(au
dit
ser
vice
) JP
A 1
FY
1415
Do
n R
eyn
old
s (
5093
: In
dep
end
ent
Au
dit
Ser
vice
s P
rop
osa
l FY
201
4/15
)
Tehama County Sanitary Landfill Agency March 18, 2015 Prepared By: Kristina Miller
Third Quarter FY 2014/15 Budget Update and Proposed FY 2015/16 Budget
Requested Action:
This item is for informational purposes only and no further action is required. Financial Impact: Background Information:
Attached is a spreadsheet showing revenues and expenses as of February 28, 2015 (eight months). Income as of February 28, 2015 is $16,445 vs. expenditures of $40,871. Income is 21.0% of projected revenue for the fiscal year. Expenditures are 92.7% of proposed expenditures for the fiscal year. This is as expected as the Agency already incurred significant expenditures for the final closure and post closure plan and the non-water corrective action cost estimate. The Agency will not receive the Airspace Consumption Fee until the end of the fiscal year. Revenue 440300 Interest - JPA I received its second quarter interest payment for the year. Interest income is exceeding expectations and will likely be able to be increased at the May JPA I meeting. Interest income is relative to federal interest rates, which are predicted to yield 0.5% for fiscal year 2014/2015. This is the seventh year of declines. Interest income is down from a high in FY 2006/07 of $243,271.15. Despite a decline in interest income and an increase in closure and post-closure requirements, the Phase I Closure and Post Closure trust fund is fully funded at this time. 461000 Solid Waste Fees - JPA I no longer receives AB 939 payments. 4201616 Airspace Consumption Fee - Per the new landfill operations agreement with Waste Connections, JPA I receives $1 and $3 per cubic yard for air space consumed in Phase I and Phase II, respectively. Based on a 2% reduction in airspace consumption from FY 2012/2013 (due to new diversion programs) JPA I will receive approximately $54,416 at the end of the fiscal year. Expenses 53150 Insurance - Special Liability Insurance premiums have been paid for the year.
4.4
Packet Pg. 48
{DocType} Tehama County Sanitary Landfill Agency March 18, 2015
Tehama County Page 2 Updated 3/13/2015 11:09 AM
53230 Professional/Special Services - Includes Agency legal expenses and the Non-Water Corrective Action Cost Estimate report in the amount of $4,800 prepared by RMC Geosciences. 53231 Audit Services- Audit services fees have been paid and the FY 2013/14 independent audit is complete.
53280 Special Departmental - Soil movement costs associated with the closure of Phase 1 will not occur during 2013/14 and thus has not been budgeted for. This line item includes costs associated with Lawrence and Associates completing the Final Closure and Post Closure Plan and cost estimate. The Final Closure Plan has been submitted and approved by CalRecycle. As a reminder, the new landfill operations agreement covers AB 939 implementation, HHW facility management, and methane gas loan costs. Proposed FY 2015/2016 Budget The third column of the attached spreadsheet presents the preliminary FY 2015/2016 budget, if the JPA I and JPA II consolidation does not take effect. The proposed budget is largely the same as the FY 2014/15 budget except for the following: Expenses 53150 Insurance - Special Liability Insurance premiums are projected to increase by 5% this next year. If the consolidation were to occur, the overall cost of insurance would likely decrease. Revenue 4201616 Airspace Consumption Fee - Per the landfill operations agreement with Waste Connections, JPA I receives $1 and $3 per cubic yard for air space consumed in Phase I and Phase II, respectively. Based on a 2% reduction in airspace consumption from FY 2013/2014, JPA I will receive approximately $69,399 at the end of the fiscal year. Respectfully Submitted, Kristina Miller Landfill Agency Manager
4.4
Packet Pg. 49
Fund 506 TCSLA Operations/Closure
Account DescriptionApproved Budget
FY 14/15As of February 28,
2015
Proposed FY 2015/16 Budget (no
consolidation)Expenses
53150 9,600 9,568 10,08053200 Membership/Dues 500 500 50053220 Office Expense 500 0 50053230 Professional/Special 7,500 6,433 7,50053231 Audit Services 4,500 4,500 4,50053240 Publication/Legal 1,000 211 1,00053280 Special Departmental 20,000 19,350 20,00053290 Employee Travel 500 40 50055520 Cont. to Other Govn't 0 0
Total Operating Budget 44,100 40,601 44,580
Transfer from Closure Trust Fund
Income
440300 24,000 16,433 24,000461000 Solid Waste Fees 0 0 04201606 Airspace Consumption Fee 54,416 0 69,399
471120 0 12 078,416 16,445 93,39934,316 (24,156) 48,819
Tehama County Sanitary Landfill AgencyThird Quarter Budget Update
Interest
Total IncomeContingency/Operating Loss
Insurance
Misc. Revenue
4.4.a
Packet Pg. 50
Att
ach
men
t: Q
3 B
ud
get
Up
dat
e 50
6 F
Y14
15 (
5094
: T
hir
d Q
uar
ter
FY
201
4/15
Bu
dg
et U
pd
ate
and
Tehama County Sanitary Landfill Agency March 18, 2015 Prepared By: Kristina Miller
Organics Recycling Exemption Resolution
Requested Action:
Recommend approval of the resolution of the Tehama County Sanitary Landfill Agency Opting to Affirm an Exemption from the Requirements of Mandatory Commercial Organics Recycling. Financial Impact: Background Information:
In 2014 Assembly Bill 1826 Organics Recycling (attached) was signed into law. The law requires businesses that generate eight or more cubic yards of organic waste per week to recycle organics beginning on April 1, 2016. The threshold decreases to four or more cubic yards of organics on January 1, 2017 and to four or more cubic yards of commercial solid waste on January 1, 2019. Organic waste is defined as food waste, green waste, landscape and pruning waste, non hazardous wood waste, and food-soiled paper waste that is mixed with food waste. The law requires local jurisdictions on January 1, 2016 to implement an organic waste recycling program to divert organic waste and report extensively on its implementation. There is an option for an exemption for rural jurisdictions with populations of 70,000 or less. At just over 63,000 residents Tehama County can pass a resolution exempting it from the requirements of the law. Tehama County does not currently have an outlet for recycling food waste within reasonable proximity. It does have outlets for wood waste and green waste. Since there are no financially viable alternatives at this time for managing food waste, I recommend the Board approve the resolution exempting Tehama County from the provisions of the law. This being said, it is likely the County will exceed the 70,000 population exemption threshold in the next ten years. For this reason, I recommend the Board direct staff in the next few years to have a financial viability analysis completed for an organic waste management program. Many new and emerging technologies exist for the management of organics. The preferred technology is dependent on the quantity and composition of the organics waste stream (% wood waste, % green waste, % food waste), in addition to other factors such as, distance to markets. The franchise hauling agreements would also need to be amended to include food waste. It typically takes approximately 3-5 years to get an organics management program sited, as the permitting and personnel time involved to renegotiate hauling and landfill agreements are quite extensive. The cost of such a program will undoubtedly increase tipping fees at the landfill and hauling fees. It may be beneficial to pursue organics recycling sooner rather than later, as
4.5
Packet Pg. 51
{DocType} Tehama County Sanitary Landfill Agency March 18, 2015
Tehama County Page 2 Updated 3/13/2015 11:09 AM
CalRecycle (through AB 32 fees) are currently offering competitive grants to implement organic recycling programs.
4.5
Packet Pg. 52
Resolution No: 032015-1 A RESOLUTION OF THE TEHAMA COUNTY SANITARY LANDFILL AGENCY
OPTING TO AFFIRM AN EXEMPTION FROM THE REQUIRMENTS OF MANDATORY COMMERCIAL ORGANICS RECYCLING
WHEREAS, the Tehama County Sanitary Landfill Agency is committed to meeting its solid waste diversion requirements through program implementation of its Source Reduction and Recycling Element of its Integrated Waste Management Plan; and, WHEREAS, Assembly Bill (AB) 1826 (Chesbro, 2014) was signed into law and requires businesses that generate a specified amount of organic waste per week to arrange for recycling services for that organic waste in a specified manner beginning April 1, 2016; and, WHEREAS, AB 1826 requires that jurisdictions implement an organics recycling program for businesses by January 1, 2016, that includes education, outreach, and monitoring activities and reporting annually to the Department of Resources Recycling and Recovery (CalRecycle). WHEREAS, AB 1826 defines a rural county as a county that has a total population of less than 70,000 persons and includes a provision that allows the board of supervisors of a rural county to adopt a resolution exempting the county from the requirements of Section 1, Chapter 12.9 of the Public Resources Code (commencing with Section 42649.8) Recycling of Organic Waste, based upon findings as to the purpose and need for the exemption; and, WHEREAS, AB 1826 defines a rural jurisdiction as a jurisdiction that is located entirely within one or more rural counties, or a regional agency comprised of jurisdictions that are located within one or more rural counties. If a rural jurisdiction is a regional agency, the board of the regional agency may adopt a resolution exempting the agency from the requirements of Section 1, Chapter 12.9 of the Public Resources Code (commencing with Section 42649.8) Recycling of Organic Waste, based upon findings as to the purpose and need for the exemption; and, WHEREAS, a business located in a rural jurisdiction that is exempted pursuant to paragraph (2) of subdivision (a) of Section 42649.82 is not required to recycle organics. WHEREAS, there are 19 counties in California with populations of less than 70,000 persons, which collectively represent 1.4% of the statewide waste stream; and, WHEREAS, Tehama County has a population of 63,717 persons as of the Department of Finance’s most current population estimates and the Tehama County Sanitary Landfill Agency is located within Tehama County; and, WHEREAS, Tehama County does not have the existing infrastructure, composting or anaerobic facilities, with the capacity to economically handle all the organic waste produced within the county; and, WHEREAS, with the amounts of organic waste generated in Tehama County and the distance to accessible processing facilities, it is not economically feasible for the Agency to require organics diversion at this time; and,
4.5.a
Packet Pg. 53
Att
ach
men
t: J
PA
I o
rgan
ics
exem
pti
on
res
olu
tio
n (
5092
: O
rgan
ics
Rec
yclin
g E
xem
pti
on
Res
olu
tio
n)
WHEREAS, with the amounts of organic waste generated in Tehama County it is not currently economically feasible to build sustainable processing facilities necessary to handle all the organic waste produced within the County; and, WHEREAS, Tehama County Sanitary Landfill Agency is committed to continue to pursue economically feasible alternatives for organics management; and, WHEREAS, Tehama County Sanitary Landfill Agency is committed to encourage businesses to reduce and recycle organics materials; and, Whereas, CalRecycle determines the state’s progress toward reducing the disposal of organic waste; and, Whereas, if the statewide disposal of organic waste is not decreased to half of the level disposed in 2014, on or after January 1, 2020, this exemption shall become inoperative, unless the department determines that ending rural exemptions will not result in a significant reduction of the disposal of organic waste. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Tehama County Sanitary Landfill Agency hereby chooses to exempt the Agency from the requirements of SECTION 1, Chapter 12.9 of the Public Resources Code (commencing with Section 42649.8) Recycling of Organic Waste.
BE IT FURTHER RESOLVED that the Board of Directors reserves the right to rescind this resolution at any time prior to the sunset date of January 1, 2020.
ON A MOTION by Board Member _____________________seconded by Board Member ______________________________the foregoing Resolution was duly passed and adopted by the Board of Directors of the Tehama County Sanitary Landfill Agency, State of California on this 18th day of March, 2015 by the following votes: AYES: NOES: ABSENT: ABSTAIN:
______________________________ Chair, Board of Directors
ATTEST: ____________________________________ Secretary, of Tehama County Sanitary Landfill Agency, Date: ________________________
4.5.a
Packet Pg. 54
Att
ach
men
t: J
PA
I o
rgan
ics
exem
pti
on
res
olu
tio
n (
5092
: O
rgan
ics
Rec
yclin
g E
xem
pti
on
Res
olu
tio
n)
Assembly Bill No. 1826
CHAPTER 727
An act to add Chapter 12.9 (commencing with Section 42649.8) to Part3 of Division 30 of the Public Resources Code, relating to solid waste.
[Approved by Governor September 28, 2014. Filed withSecretary of State September 28, 2014.]
legislative counsel’s digest
AB 1826, Chesbro. Solid waste: organic waste.(1) The California Integrated Waste Management Act of 1989, which is
administered by the Department of Resources Recycling and Recovery,establishes an integrated waste management program that requires eachcounty and city and county to prepare and submit to the department acountywide integrated waste management plan. The act requires a business,which is defined as a commercial or public entity, that generates more than4 cubic yards of commercial solid waste per week or is a multifamilyresidential dwelling of 5 units or more, to arrange for recycling services.Existing law also requires jurisdictions to implement a commercial solidwaste recycling program meeting specified elements.
This bill would, commencing April 1, 2016, require a business thatgenerates a specified amount of organic waste per week to arrange forrecycling services for that organic waste in a specified manner. The billwould decrease the amount of organic waste under which a business wouldbe subject to those requirements from 8 cubic yards or more to 4 cubic yardsor more on January 1, 2017. The bill would also require a business thatgenerates 4 cubic yards or more of commercial solid waste per week, onand after January 1, 2019, to arrange for organic waste recycling servicesand, if the department makes a specified determination, would decrease thatamount to 2 cubic yards, on or after January 1, 2020.
This bill would require the contract or work agreement between a businessand a gardening or landscaping service to require the organic waste generatedby those services to comply with the requirements of this act.
This bill would require each jurisdiction, on and after January 1, 2016,to implement an organic waste recycling program to divert organic wastefrom the businesses subject to this act, except as specified with regard torural jurisdictions, thereby imposing a state-mandated local program byimposing new duties on local governmental agencies. The bill would requireeach jurisdiction to report to the department on its progress in implementingthe organic waste recycling program, and the department would be requiredto review whether a jurisdiction is in compliance with this act.
92
4.5.b
Packet Pg. 55
Att
ach
men
t: a
b_1
826_
bill
_201
4092
8_ch
apte
red
(50
92 :
Org
anic
s R
ecyc
ling
Exe
mp
tio
n R
eso
luti
on
)
This bill would authorize a local governmental agency to charge andcollect a fee from an organic waste generator to recover the localgovernmental agency’s costs incurred in complying with this act.
This bill would require the department to identify and recommend actionsto address permitting and siting challenges and to encourage the continuedviability of the state’s organic waste processing and recycling infrastructure,in partnership with the California Environmental Protection Agency andother specified state and regional agencies. The bill also would require thedepartment to cooperate with local jurisdictions and industry to provideassistance for increasing the feasibility of organic waste recycling and toidentify certain state financing mechanisms and state funding incentivesand post this information on its Internet Web site.
(2) The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the state. Statutoryprovisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act fora specified reason.
The people of the State of California do enact as follows:
SECTION 1. Chapter 12.9 (commencing with Section 42649.8) is addedto Part 3 of Division 30 of the Public Resources Code, to read:
Chapter 12.9. Recycling of Organic Waste
42649.8. For purposes of this chapter, the following terms shall apply:(a) “Business” means a commercial or public entity, including, but not
limited to, a firm, partnership, proprietorship, joint stock company,corporation, or association that is organized as a for-profit or nonprofitentity, or a multifamily residential dwelling.
(b) “Commercial waste generator” means a business subject to subdivision(a) of Section 42649.2.
(c) “Organic waste” means food waste, green waste, landscape andpruning waste, nonhazardous wood waste, and food-soiled paper waste thatis mixed in with food waste.
(d) “Organic waste generator” means a business subject to subdivision(a) of Section 42649.81.
(e) “Rural jurisdiction” means a jurisdiction that is located entirely withinone or more rural counties, or a regional agency comprised of jurisdictionsthat are located within one or more rural counties.
(f) “Rural county” means a county that has a total population of less than70,000 persons.
(g) “Self-hauler” means a business that hauls its own waste rather thancontracting for that service and “self-haul” means to act as a self-hauler.
42649.81. (a) (1) On and after April 1, 2016, a business that generateseight cubic yards or more of organic waste per week shall arrange for
92
— 2 —Ch. 727
4.5.b
Packet Pg. 56
Att
ach
men
t: a
b_1
826_
bill
_201
4092
8_ch
apte
red
(50
92 :
Org
anic
s R
ecyc
ling
Exe
mp
tio
n R
eso
luti
on
)
recycling services specifically for organic waste in the manner specified insubdivision (b).
(2) On and after January 1, 2017, a business that generates four cubicyards or more of organic waste per week shall arrange for recycling servicesspecifically for organic waste in the manner specified in subdivision (b).
(3) On and after January 1, 2019, a business that generates four cubicyards or more of commercial solid waste, as defined in Section 42649.1,per week, shall arrange for recycling services specifically for organic wastein the manner specified in subdivision (b).
(4) On or after January 1, 2020, if the department determines thatstatewide disposal of organic waste has not been reduced to 50 percent ofthe level of disposal during 2014, a business that generates two cubic yardsor more per week of commercial solid waste shall arrange for the organicwaste recycling services specified in paragraph (3), unless the departmentdetermines that this requirement will not result in significant additionalreductions of organics disposal.
(5) A business located in a rural jurisdiction that is exempted pursuantto paragraph (2) of subdivision (a) of Section 42649.82 is not subject to thischapter.
(b) A business subject to subdivision (a) shall take at least one of thefollowing actions:
(1) Source separate organic waste from other waste and subscribe to abasic level of organic waste recycling service that includes collection andrecycling of organic waste.
(2) Recycle its organic waste onsite or self-haul its own organic wastefor recycling.
(3) Subscribe to an organic waste recycling service that may includemixed waste processing that specifically recycles organic waste.
(4) Make other arrangements consistent with paragraph (3) of subdivision(b) of Section 42649.84.
(c) A business that is a property owner may require a lessee or tenant ofthat property to source separate their organic waste to aid in compliancewith this section.
(d) A business generating organic waste shall arrange for the recyclingservices required by this section in a manner that is consistent with stateand local laws and requirements, including a local ordinance or localjurisdiction’s franchise agreement, applicable to the collection, handling,or recycling of solid and organic waste.
(e) When arranging for gardening or landscaping services, the contractor work agreement between a business subject to this section and a gardeningor landscaping service shall require that the organic waste generated bythose services be managed in compliance with this chapter.
(f) (1) A multifamily residential dwelling that consists of fewer thanfive units is not a business for purposes of this chapter.
(2) A business that is a multifamily dwelling is not required to arrangefor the organic waste recycling services specified in subdivision (b) for foodwaste that is generated by the business.
92
Ch. 727— 3 —
4.5.b
Packet Pg. 57
Att
ach
men
t: a
b_1
826_
bill
_201
4092
8_ch
apte
red
(50
92 :
Org
anic
s R
ecyc
ling
Exe
mp
tio
n R
eso
luti
on
)
(g) If separate organic waste collection and recycling services are notoffered through a local ordinance or local jurisdiction’s franchise agreement,a business generating organic waste may arrange for separate organic wastecollection and recycling services, until the local ordinance or localjurisdiction’s franchise agreement includes organic waste recycling services.
42649.82. (a) (1) In addition to the requirements of Section 42649.3,on and after January 1, 2016, each jurisdiction shall implement an organicwaste recycling program that is appropriate for that jurisdiction and designedspecifically to divert organic waste generated by businesses subject toSection 42649.81, whether or not the jurisdiction has met the requirementsof Section 41780.
(2) (A) A county board of supervisors of a rural county may adopt aresolution, as prescribed in this paragraph, to make the rural county exemptfrom the requirements of this section. If a rural jurisdiction is a city, the citycouncil may adopt a resolution, as prescribed in this paragraph, to make therural jurisdiction exempt from this section. If a rural jurisdiction is a regionalagency comprised of jurisdictions that are located entirely within one ormore rural counties, the board of the regional agency may adopt a resolution,as prescribed in this paragraph, to make the rural jurisdiction is exempt fromthe requirements of this section.
(B) A resolution adopted pursuant to subparagraph (A) shall includefindings as to the purpose of and need for the exemption.
(C) A resolution to exempt a rural jurisdiction pursuant to subparagraph(A) shall be submitted to the department at least six months before theoperative date of the exemption.
(D) On or after January 1, 2020, if the department determines thatstatewide disposal of organic waste has not been reduced to 50 percent ofthe level of disposal during the 2014 calendar year, all exemptions authorizedby this paragraph shall terminate unless the department determines thatapplying this chapter to rural jurisdictions will not result in significantadditional reductions of disposal of organic waste.
(b) If a jurisdiction, as of January 1, 2016, has in place an organic wasterecycling program that meets the requirements of this section, it is notrequired to implement a new or expanded organic waste recycling program.
(c) The organic waste recycling program required by this section shallbe directed at organic waste generators and may include, but is not limitedto, one or more of the following:
(1) Implementing a mandatory commercial organic waste recycling policyor ordinance that addresses organic waste recycling.
(2) Requiring a mandatory commercial organic waste recycling programthrough a franchise contract or agreement.
(3) Requiring organic waste to go through a source separated or mixedprocessing system that diverts material from disposal.
(d) (1) The organic waste recycling program shall do all of the following:(A) Identify all of the following:(i) Existing organic waste recycling facilities within a reasonable vicinity
and the capacities available for materials to be accepted at each facility.
92
— 4 —Ch. 727
4.5.b
Packet Pg. 58
Att
ach
men
t: a
b_1
826_
bill
_201
4092
8_ch
apte
red
(50
92 :
Org
anic
s R
ecyc
ling
Exe
mp
tio
n R
eso
luti
on
)
(ii) Existing solid waste and organic waste recycling facilities within thejurisdiction that may be suitable for potential expansion or colocation oforganic waste processing or recycling facilities.
(iii) Efforts of which the jurisdiction is aware that are underway todevelop new private or public regional organic waste recycling facilitiesthat may serve some or all of the organic waste recycling needs of thecommercial waste generators within the jurisdiction subject to this chapter,and the anticipated timeframe for completion of those facilities.
(iv) Closed or abandoned sites that might be available for new organicwaste recycling facilities.
(v) Other nondisposal opportunities and markets.(vi) Appropriate zoning and permit requirements for the location of new
organic waste recycling facilities.(vii) Incentives available, if any, for developing new organic waste
recycling facilities within the jurisdiction.(B) Identify barriers to siting new or expanded compostable materials
handling operations, as defined in paragraph (12) of subdivision (a) ofSection 17852 of the Title 14 of the California Code of Regulations, andspecify a plan to remedy those barriers that are within the control of thelocal jurisdiction.
(C) Provide for the education of, outreach to, and monitoring of,businesses. The program shall require the jurisdiction to notify a businessif the business is not in compliance with Section 42649.81.
(2) For purposes of subparagraph (A) of paragraph (1), an “organic wasterecycling facility” shall include compostable materials handling operations,as defined in paragraph (12) of subdivision (a) of Section 17852 of Title 14of the California Code of Regulations, and may include other facilities thatrecycle organic waste.
(e) The organic waste recycling program may include any one or moreof the following:
(1) Enforcement provisions that are consistent with the jurisdiction’sauthority, including a structure for fines and penalties.
(2) Certification requirements for self-haulers.(3) Exemptions, on a case-by-case basis, from the requirements of Section
42649.81 that are deemed appropriate by the jurisdiction for any of thefollowing reasons:
(A) Lack of sufficient space in multifamily complexes or businesses toprovide additional organic material recycling bins.
(B) The current implementation by a business of actions that result inthe recycling of a significant portion of its organic waste.
(C) The business or group of businesses does not generate at least one-halfof a cubic yard of organic waste per week.
(D) Limited-term exemptions for extraordinary and unforeseen events.(E) (i) The business or group of businesses does not generate at least
one cubic yard of organic waste per week, if the local jurisdiction providesthe department with information that explains the need for this higherexemption than that authorized by subparagraph (C).
92
Ch. 727— 5 —
4.5.b
Packet Pg. 59
Att
ach
men
t: a
b_1
826_
bill
_201
4092
8_ch
apte
red
(50
92 :
Org
anic
s R
ecyc
ling
Exe
mp
tio
n R
eso
luti
on
)
(ii) The information described in clause (i) shall be provided to thedepartment with the information provided pursuant to subdivision (f).
(iii) This subparagraph shall not be operative on or after January 1, 2020,if the department, pursuant to paragraph (4) of subdivision (a) of Section42649.81, determines that statewide disposal of organic waste has not beenreduced to 50 percent of the level of disposal during the 2014 calendar year.
(f) (1) Each jurisdiction shall provide the department with informationon the number of regulated businesses that generate organic waste and, ifavailable, the number that are recycling organic waste. The jurisdiction shallinclude this information as part of the annual report required pursuant toSection 41821.
(2) On and after August 1, 2017, in addition to the information requiredby paragraph (1), each jurisdiction shall report to the department on theprogress achieved in implementing its organic waste recycling program,including education, outreach, identification, and monitoring, on its rationalefor allowing exemptions, and, if applicable, on enforcement efforts. Thejurisdiction shall include this information as part of the annual report requiredpursuant to Section 41821.
(g) (1) The department shall review a jurisdiction’s compliance withthis section as part of the department’s review required by Section 41825.
(2) The department also may review whether a jurisdiction is incompliance with this section at any time that the department receivesinformation that a jurisdiction has not implemented, or is not making a goodfaith effort to implement, an organic waste recycling program.
(h) During a review pursuant to subdivision (g), the department shalldetermine whether the jurisdiction has made a good faith effort to implementits selected organic waste recycling program. For purposes of this section,“good faith effort” means all reasonable and feasible efforts by a jurisdictionto implement its organic waste recycling program. During its review, thedepartment may include, but is not limited to, consideration of the followingfactors in its evaluation of a jurisdiction’s good faith effort:
(1) The extent to which businesses have complied with Section 42649.81,including information on the amount of disposal that is being diverted fromthe businesses, if available, and on the number of businesses that arecomplying with Section 42649.81.
(2) The recovery rate of the organic waste from the material recoveryfacilities that are utilized by the businesses, all information, methods, andcalculations, and any additional performance data, as requested by thedepartment from the material recovery facilities pursuant to Section 18809.4of Title 14 of the California Code of Regulations.
(3) The extent to which the jurisdiction is conducting education andoutreach to businesses.
(4) The extent to which the jurisdiction is monitoring businesses andnotifying those businesses that are not in compliance.
(5) The appropriateness of exemptions allowed by the jurisdiction.(6) The availability of markets for collected organic waste recyclables.(7) Budgetary constraints.
92
— 6 —Ch. 727
4.5.b
Packet Pg. 60
Att
ach
men
t: a
b_1
826_
bill
_201
4092
8_ch
apte
red
(50
92 :
Org
anic
s R
ecyc
ling
Exe
mp
tio
n R
eso
luti
on
)
(8) In the case of a rural jurisdiction, the effects of small geographic size,low population density, or distance to markets.
(9) The availability, or lack thereof, of sufficient organic waste processinginfrastructure, organic waste recycling facilities, and other nondisposalopportunities and markets.
(10) The extent to which the jurisdiction has taken steps that are underits control to remove barriers to siting and expanding organic waste recyclingfacilities.
42649.83. (a) If a jurisdiction adds or expands an organic waste recyclingprogram to meet the requirements of Section 42649.82, the jurisdiction shallnot be required to revise its source reduction and recycling element or obtainthe department’s approval pursuant to Article 1 (commencing with Section41800) of Chapter 7 of Part 2.
(b) If an addition or expansion of a jurisdiction’s organic waste recyclingprogram is necessary, the jurisdiction shall include this information in theannual report required pursuant to Section 41821.
42649.84. (a) This chapter does not limit the authority of a localgovernmental agency to adopt, implement, or enforce a local organic wasterecycling requirement, or a condition imposed upon a self-hauler, that ismore stringent or comprehensive than the requirements of this chapter.
(b) This chapter does not modify, limit, or abrogate in any manner anyof the following:
(1) A franchise granted or extended by a city, county, city and county,or other local governmental agency.
(2) A contract, license, or permit to collect solid waste previously grantedor extended by a city, county, city or county, or other local governmentalagency.
(3) The existing right of a business to sell or donate its recyclable organicwaste materials.
(c) Notwithstanding any other requirement of this chapter, nothing inthis chapter modifies, limits, or abrogates the authority of a local jurisdictionwith respect to land use, zoning, or facility siting decisions by or within thatlocal jurisdiction.
42649.85. A local governmental agency may charge and collect a feefrom an organic waste generator to recover the local governmental agency’scosts incurred in complying with this chapter.
42649.86. (a) The department shall identify and recommend actions toaddress, with regard to both state agencies and the federal government, thepermitting and siting challenges associated with composting and anaerobicdigestion, and to encourage the continued viability of the state’s organicwaste processing and recycling infrastructure, in partnership with theCalifornia Environmental Protection Agency and other state and regionalagencies. These other state and regional agencies shall include, but are notlimited to, the State Air Resources Board, the State Energy ResourcesConservation and Development Commission, the Public UtilitiesCommission, the Department of Food and Agriculture, the State Water
92
Ch. 727— 7 —
4.5.b
Packet Pg. 61
Att
ach
men
t: a
b_1
826_
bill
_201
4092
8_ch
apte
red
(50
92 :
Org
anic
s R
ecyc
ling
Exe
mp
tio
n R
eso
luti
on
)
Resources Control Board, California regional water quality control boards,and air pollution control and air quality management districts.
(b) The department shall cooperate with local governmental agenciesand industry to provide assistance for increasing the feasibility of organicrecycling by promoting processing opportunities and the development ofnew infrastructure of sufficient capacity to meet the needs of generators,and developing sufficient end-use markets throughout the state for thequantity of organic waste required to be diverted.
(c) The department shall identify and post on its Internet Web site statefinancing mechanisms and state funding incentives that are available forin-state development of organic waste infrastructure to help the state achieveits greenhouse gas reduction goals and waste reduction goals.
SEC. 2. No reimbursement is required by this act pursuant to Section 6of Article XIII B of the California Constitution because a local agency orschool district has the authority to levy service charges, fees, or assessmentssufficient to pay for the program or level of service mandated by this act,within the meaning of Section 17556 of the Government Code.
O
92
— 8 —Ch. 727
4.5.b
Packet Pg. 62
Att
ach
men
t: a
b_1
826_
bill
_201
4092
8_ch
apte
red
(50
92 :
Org
anic
s R
ecyc
ling
Exe
mp
tio
n R
eso
luti
on
)
Tehama County Sanitary Landfill Agency March 18, 2015 Prepared By: Kristina Miller
JPA I and JPA II Consolidation
Requested Action:
Review and provide comments to the proposed Amended and Restated Joint Powers Agreement Establishing the Tehama County/Red Bluff Landfill Management Agency to Reconstitute the Agency as the Tehama County Solid Waste Management Agency. Financial Impact: Background Information:
One of the goals of this fiscal year is to research the possibility of consolidating JPA I and JPA II. I worked in coordination with JPA I and JPA II legal counsel to develop the attached proposed consolidated JPA, known as the Tehama County Solid Waste Management Agency. Both JPA II legal counsel, Jim Curtis, and JPA I legal counsel, Greg Einhorn, are in support of the consolidation. Consolidation of the two agencies would create numerous efficiencies and reduce overall administration cost and confusion about the agencies amongst the public. Attached is a draft version of the amended and reconstituted JPA II. Highlights are below:
Consolidates the roles of JPA I into JPA II. It does not make a JPA III.
Renames JPA II as the Tehama County Solid Waste Management Agency. This better reflects the roles and responsibilities of the Agency currently and in the future. As society moves away from landfilling, it makes sense to change our name to reflect our purpose as resource or solid waste managers.
Board consists of 5 members each from the City of Red Bluff and the County, and one member each for the City of Tehama and City of Corning. Grand total of 12 members.
A quorum consists of at least three members being present from the City of Red Bluff and County. The City of Tehama and City of Corning do not need to be present for a quorum to be established. This adequately reflects the ownership of the Landfill.
The Executive Committee consists of two members each from the city of Red Bluff and County, and one member each from the City of Corning and Tehama, for a total of six members.
Full Board meetings will continue to be held quarterly. The time and date are to be determined. The time and place of the Executive Committee (EC) meetings shall be as determined by the EC. I would suggest the location alternate between Red Bluff and Corning, as is the current practice for JPA I.
4.6
Packet Pg. 63
{DocType} Tehama County Sanitary Landfill Agency March 18, 2015
Tehama County Page 2 Updated 3/13/2015 11:09 AM
We would need to establish amended by-laws and pass a resolution of EC responsibilities. I propose to expand the role of the Executive Committee to make decisions regarding AB 939, household hazardous waste facility management, grants, as well as approve contracts up to $10,000. Currently I end up canceling the EC meetings quite often because their role is so limited under the current JPA II by-laws that there is very little they can approve (basically minutes and warrants).
All JPA I roles and responsibilities would become the responsibility of JPA II. During my leave of absence Chief Administrator, Bill Goodwin, and Rachel Ross, Recycling Coordinator, discussed the concept with the JPA II Executive Committee, whereby they made a few suggestions and directed staff to proceed. The changes recommended by the Executive Committee were incorporated into the document. I discussed the concept with the City of Tehama at their March 10th City Council meeting. They are in support of the current proposal. I also met with John Brewer, Corning City Manager, to discuss the proposal. Once the draft formation agreement and by-laws are finalized and approved by the City of Corning, City of Tehama, City of Red Bluff, and County of Tehama, a resolution for dissolution of JPA I and JPA II shall be considered by each respective City and County. If there is support for the consolidation, it would be beneficial for auditing purposes if the newly formed JPA is in effect as of July 1, 2015.
4.6
Packet Pg. 64
Draft 9-25-14 1
AMENDED AND RESTATED JOINT POWERS AGREEMENT ESTABLISHING THE TEHAMA COUNTY/RED BLUFF LANDFILL
MANAGEMENT AGENCY TO RECONSITUTION THE AGENCY AS THE TEHAMA COUNTY SOLID WASTE MANAGEMENT AGENCY
This agreement is made and entered into by and between the County of Tehama, (hereinafter “ County”), the City of Red Bluff (hereinafter “Red Bluff”), City of Corning (hereinafter “Corning”), and City of Tehama (hereinafter “Tehama”), for the purpose of the parties joint participation in the management of solid waste services to be provided to and within their respective jurisdictions.
RECITALS
WHEREAS, the County and the City of Red Bluff are co-owners of the solid waste landfill more particularly described in Exhibit A attached hereto (hereinafter referred to as the “Landfill”). A joint powers agreement (hereinafter referred to as the “Agreement”) was executed by and between the County and the City of Red Bluff on or about June 30, 1997, which created the Tehama County/Red Bluff Landfill Management Agency, as a joint powers agency (hereinafter referred to as “the JPA II”) formed and existing pursuant to the provisions of the Joint exercise of Powers Act (Government Code Sections 6500 et. seq.). Pursuant to the Agreement that JPA was formed for the purpose of operating and exercising management oversight over the operation of the Landfill and any contractors retained to operate same; and
WHEREAS, by an undated agreement, the County, and the Cities of Red Bluff, Corning and Tehama, entered into a separate joint powers agreement which created the Tehama County Sanitary Landfill Agency (hereinafter referred to as “JPA I”) for the purpose of funding the cost of administering and maintaining existing sanitary landfill sites……; and WHEREAS, it is the desire of the parties to effectively combine the functions of the two aforesaid joint powers agencies, by amending the Agreement creating JPA II to add the Cities of Corning and Tehama as parties to said Agreement and members of JPA II. It is the further intent of the parties to consolidate the functions of the two joint powers agencies into the purposes and functions of JPA II. Finally, with the consolidation of the functions into JPA II, it is the intent of the parties to terminate the legal existence of JPA I; and WHEREAS, each of the parties expressly represents and acknowledges that it desires to enter into an agreement with the other parties through which the four named entities will participate in the management of JPA II, in the manner set out in this Amended and Restated Agreement. The functions of JPA II shall, hereinafter include the operation or alternatively, oversight of the operation of the Landfill or such other sanitary landfills as JPA II may hereinafter acquire, including without limitation the oversight of any landfill
4.6.a
Packet Pg. 65
Att
ach
men
t: A
men
ded
an
d R
eco
nst
itu
te J
PA
II A
gm
t (2
014)
KM
ed
its
0305
14 (
5073
: J
PA
I an
d J
PA
II C
on
solid
atio
n)
Draft 9-25-14 2
operator, household hazardous waste facility management, Assembly Bill 939 compliance, Assembly Bill 341 compliance, solid waste, recycling, and hazardous waste grant management, and the management of closure post-closure and corrective action responsibilities of all phases of the Tehama County/Red Bluff Landfill. In addition the joint powers agency shall serve as and be deemed to be and have the powers of a Regional Agency in and for the whole of Tehama County, as set out in the Public Resources Code, including without limitation to reduce the cost of reporting, tracking and developing disposal and diversion programs by the individual cities and counties, and to increase the diversion of solid waste from disposal facility, to diminish the responsibility of individual cities and counties to implement source reduction, recycling, hazardous waste, and composting programs, to apply for and manage solid waste, hazardous waste and recycling grants.
NOW, THEREFORE, IT IS AGREED by the four above named entities, each of which is acknowledged as a party to this agreement that that the joint powers agreement dated June 30, 1997, by and between the County and the City of Red is amended and restated as follows. This agreement shall supersede and replace the 1997 Agreement and any amendments thereto.
ARTICLE I CONTINUATION OF AND RENAMING OF JPA II
The joint powers agency as established by the aforesaid Agreement dated June 30, 1997, by and between the County and the City of Red Bluff shall continue in existence. Hereinafter said joint powers agency shall be known as the Tehama County Solid Waste Management Agency (hereinafter referred to as the “Joint Powers Agency” or “Agency”. The Agency shall be a public entity separate and distinct from the parties to this agreement. (See Gov Code Section 6503.5 and 6507)
ARTICLE II
PURPOSE OF AGREEMENT
This agreement is for the purposes as set forth in the above recitals and as follows:
A. Establishing a Regional Agency formed for the purpose of reducing the cost of reporting, tracking and developing disposal and diversion programs by the individual cities and counties, and to increase the diversion of solid waste from disposal facility, to diminish the responsibility of individual cities and counties to implement source reduction, recycling, hazardous waste, and composting programs, to apply for and manage solid waste, hazardous waste and recycling grants, and all other powers granted Regional Agencies by the Public Resources Code, in and for the whole of Tehama County.
B. Operating or having management oversight over the operations of the Landfill owned by the City of Red Bluff and County, and any other solid waste
4.6.a
Packet Pg. 66
Att
ach
men
t: A
men
ded
an
d R
eco
nst
itu
te J
PA
II A
gm
t (2
014)
KM
ed
its
0305
14 (
5073
: J
PA
I an
d J
PA
II C
on
solid
atio
n)
Draft 9-25-14 3
facilities hereinafter acquired by the Agency, together with oversight over and management of any contracts and contractors doing business with the Agency. In addition the Agency shall have the right to operate the landfill and any solid waste facility when deemed appropriate by the Agency and to ensure compliance with all laws imposed upon landfills, landfill operators, and owners of landfills.
C. Funding, in whole or in part, the cost of administering and maintaining
existing sanitary landfill sites, the funding of costs which will be incurred during closure, post-closure, and corrective action of existing sanitary landfill sites, and funding costs necessary to purchase, open and administer future landfill sites.
ARTICLE III TERM
This agreement shall become effective as of the date of the execution by all parties and shall continue in full force and effect until terminated in accordance with the provisions set forth below.
ARTICLE IV BOARD OF DIRECTORS AND OTHER DESIGNATE OFFICERS
BOARD OF DIRECTORS The Board of Directors of the Tehama County Solid Waste Management Agency shall consist of twelve (12) members, five (5 ) members from the County of Tehama, five (5) members of the City of Red Bluff, one (1) member from the City of Tehama, and one (1) member from the City of Corning. The members of the City of Corning, and City of Tehama shall be an incumbent member of the City Council, the members representing the City of Red Bluff shall be the five incumbent members of the Red Bluff City Council, and the members representing the County shall the five incumbent members of the Board of Supervisors. The Board of Directors of the Tehama County Solid Waste Management Agency shall be organized as follows:
A. The Board of Directors shall elect a chair and vice-chair from its members for a term determined by the board.
B. The Board of Directors shall appoint a secretary to serve at the pleasure of the Board. The secretary need not be a member of the Board.
C. The Board may adopt such by-laws as are deemed necessary for the conduct of its affairs and the affairs of the Agency, The Board may from time-to-time adopt such rules and regulations for the conduct of its meetings and affairs as may be required. Any by-laws or rules and regulations adopted by the
4.6.a
Packet Pg. 67
Att
ach
men
t: A
men
ded
an
d R
eco
nst
itu
te J
PA
II A
gm
t (2
014)
KM
ed
its
0305
14 (
5073
: J
PA
I an
d J
PA
II C
on
solid
atio
n)
Draft 9-25-14 4
Agency may be adopted, amended, or revoked at any time by a supermajority of the board which shall consist of the affirmative vote of ten or more members of the Board.
D. The Board shall adopt rules and/or regulations for the conduct of the meetings of the Executive Committee as hereinafter provided for. The Board may also delegate authority to the Executive Committee to act on behalf of the Agency, including approval of any contracts, the amount or limits on which shall be as set out in a resolution formally adopted by the Board by affirmative vote of eight or more members of the Board.
E. The Board may, with the exception of the adoption of by-laws, rules and regulations and the appointment of the Executive Committee, take such action by a majority vote of the members of the board as is necessary to carry out the duties of the board. A quorum of the board shall consist of not less than seven members with at least three members each being present from the County Board of Supervisors and the Red Bluff City Council.
F. The Board shall be solely responsible for and shall annually adopt a budget for the Agency. In addition, the Board shall, consistent with the provision of state law, have the authority to adopt such ordinances and policies with regard to the use of the solid waste facilities owned and/or managed by the Agency or such other matters as may be within the authority of the Agency.
EXECUTIVE COMMITTEE The Executive Committee of the Tehama County Solid Waste Management Agency shall consist of two directors each from the City of Red Bluff and the County of Tehama, and one director each from and appointed by the governing body of the City of Corning and City of Tehama. Each director shall serve at the pleasure of the governing body of the appointing party. All meetings of the Executive Committee shall be conducted in compliance with the Brown Act (Government Code Section 54950 et. seq.). OTHER DESIGNATE OFFICERS
A. The County Treasury of the County is hereby designated as the depository of the Tehama County Solid Waste Management Agency. The Treasurer is designated as the depository of the Tehama County Solid Waste Management Agency, to have custody of all the money of the Agency, from whatever source, and as such, shall have the powers, duties and responsibilities specified in Government Code Section 6505.5.
B. The County Auditor of the County is hereby designated as controller of the Agency, and as such, shall have the powers, duties and responsibilities in Government Code Section 6505.5.
C. The charges to be made against the Agency, for the services of the treasurer and the controller shall be subject to the approval of the Full Board.
D. The treasurer and controller of the Tehama County Solid Waste Management Agency are designated as the public officers or persons who have charge of, handle, or have access to any property of the Agency. This requirement may
4.6.a
Packet Pg. 68
Att
ach
men
t: A
men
ded
an
d R
eco
nst
itu
te J
PA
II A
gm
t (2
014)
KM
ed
its
0305
14 (
5073
: J
PA
I an
d J
PA
II C
on
solid
atio
n)
Draft 9-25-14 5
be satisfied by the Official Bond of such officer obtained in connection with their offices as County Treasurer and County Auditor, respectively.
ARTICLE V MEETINGS
In the absence of by-laws, Rules and Regulations adopted by the Board of Directors providing otherwise, the Board of Directors of the Agency shall meet not less than once each calendar quarter. The meeting shall be held at the hour of 5:15 P.M. on the TBD of each calendar quarter at the Tehama County Board of Supervisors Chambers. In the absence of by-laws, Rules and Regulations adopted by the Board of Directors providing otherwise, the Executive Committee of the Agency shall meet not less than once each calendar month. The time and place of the meeting shall be as determined by the Executive Committee immediately following their appointment and shall be evidenced by the adoption of a resolution of the Executive Committee so as to establish a regular meeting schedule and location (in compliance with the Brown Act).
ARTICLE VI AGENCY POWERS
The Board of Directors of the Tehama County Solid Waste Management Agency shall have the following powers:
A. to prescribe, set the amount of, revise, and collect tipping fees at the landfill gate to pay the cost for services and facilities, whether within or without its territorial limits, in connection with it sanitation needs. The revenues derived therefrom shall be used only for the acquisition, construction, reconstruction, maintenance and operation of its sanitation facilities and needs, and all powers described in Article VI of this agreement;
B. to receive and operate from funds, revenues or assessments properly levied by the Agency, or by the Board of Supervisors of Tehama County or by Red Bluff, Corning, or Tehama. The Board shall determine the solid waste services and activities in which it shall be engaged for the benefit for the Agency. The Agency may determine that some services and duties in the solid waste field should be performed by the individual parties, rather than by the Agency. The Board shall have other powers and duties as are granted and prescribed by Division 5, Part 3, Chapter 6, Article IV of the California Health and Safety Code commencing with section 5470, and all other applicable codes and laws. The powers and duties referred to herein include the rights of the Agency to appoint or contract with such agents including governmental bodies as agents, which are a member of the Agency, to carry out the powers and duties that are designated herein;
C. to act as and be considered as and have all powers of a Regional Agency as provided in PRC Section 40970 et seq., and to perform all tasks authorized to
4.6.a
Packet Pg. 69
Att
ach
men
t: A
men
ded
an
d R
eco
nst
itu
te J
PA
II A
gm
t (2
014)
KM
ed
its
0305
14 (
5073
: J
PA
I an
d J
PA
II C
on
solid
atio
n)
Draft 9-25-14 6
be performed as a Regional Agency as set forth in the PRC for the whole of Tehama County;
D. to monitor the operations of the Tehama County/Red Bluff Landfill and take such action as is necessary to enforce compliance by the contract Landfill operator, if any, with the terms of the Landfill operating contract between the Agency and the contract landfill operator, if any, on the other;
E. to comply with and enforce all laws imposed upon the operation of the Landfill;
F. to manage the Landfill including the closure, post-closure, and corrective action of any phases thereof and the opening of new phases, if any;
G. to purchase property for Landfill expansion or buffer or for such other solid waste facilities and related purposes as may be determined necessary and appropriate;
H. to take such action as is necessary to comply with all laws required of owners and operators of a solid waste landfill;
I. to fund and update all state mandated programs, including, but not limited to, the source reduction and recycling element, household hazardous waste element, monitor and report to member jurisdictions and to the state and to its appropriate agencies for compliance with the California Integrated Waste Management Act of 1989;
J. to apply for and manage solid waste, recycling, and hazardous waste grants on behalf of its member jurisdictions.
K. to hire as employees, or otherwise, such personnel as shall be necessary to carry out the powers and purposes of this joint powers agency and to prescribe the duties and the compensation for such personnel from Agency funds;
L. to rent and or purchase facilities, supplies, and equipment as needed; M. to enter into contracts; N. to incur debt provided that any such debt shall not become the debt or liability
of any party to this agreement; O. to assume the assets of and from and duties of JPA I, as set out in the joint
powers agreement creating said entity; P. to sue and to be sued; and Q. to do all acts necessary to carry out the powers and purpose set forth in this
agreement for the whole of Tehama County. The powers and duties referred to herein include the right of the Agency to appoint such agents, including such government entities which are members of the Agency to carry out the powers and duties designated herein. In exercising the powers granted under this Agreement and in the conduct of all business of the Agency, the Agency shall be subject to the restrictions upon the manner of exercising the power that applies to the County of Tehama under California Law.
ARTICLE VII
4.6.a
Packet Pg. 70
Att
ach
men
t: A
men
ded
an
d R
eco
nst
itu
te J
PA
II A
gm
t (2
014)
KM
ed
its
0305
14 (
5073
: J
PA
I an
d J
PA
II C
on
solid
atio
n)
Draft 9-25-14 7
HOLD HARMLESS AND INDEMNIFICATION
No party hereto or its officers and employees shall be deemed to be liable for the negligent act of the Agency or of any other party hereto. To the extent permitted by law the Agency shall indemnify, hold harmless and defend each of the parties, their officers and employees from any liability, claims, demands of any nature whatsoever arising from the acts or omissions of the Agency and shall pay all claims, awards, damages, judgments and costs, including without limitation attorney’s fees incurred by any party to this Agreement arising from acts or omissions of the Agency. The members of the Board of Directors, all officers, employees, and legal advisors of the Agency shall not be liable for any error in the exercise of their judgment and/or discretion or for any action or omission of their part, if in the performance of their duties and function on behalf of the Agency they use ordinary care and diligence. Pursuant to provisions of the California Tort Claims Act (Government Code Section 810 et. Seq.), the Agency shall be required to indemnify, defend and hold harmless each and every director, officer and employee of the Agency (including, but not limited to, staff from any member entity that performs any service or function or provides any advice to the Agency on Agency business), from all claims, demands and lawsuits that may be filed against any such persons stemming from the activities of the person in the course and scope of their employment and/or service on behalf of the Agency.
ARTICLE VIII
DEBTS AND LIABILITIES OF THE SOLID WASTE AGENCY
The debts, liabilities and obligations of the Tehama County Solid Waste Management Agency shall not be obligations of and shall not be binding on the parties to this agreement, the Agency shall hold each of the parties to this agreement free and harmless from, defend and indemnify them against any claims of liability or damage arising from activities of the Agency. Should any debt, liability or obligation of the Agency not be waived or allowed payable through assets of the Agency, the parties to this agreement shall each not be liable therefor.
ARTICLE IX
ACCOUNTS AND REPORTS
The Tehama County Solid Waste Management Agency shall establish and maintain such funds and accounts as may be required by good accounting practices. The books and records of the Agency shall be open to inspection at all reasonable times by all parties to this Agreement and their representatives. The Agency shall give an audited, written report of all financial activities for each fiscal year to the County and to the City within 270 days after the close of each fiscal year.
4.6.a
Packet Pg. 71
Att
ach
men
t: A
men
ded
an
d R
eco
nst
itu
te J
PA
II A
gm
t (2
014)
KM
ed
its
0305
14 (
5073
: J
PA
I an
d J
PA
II C
on
solid
atio
n)
Draft 9-25-14 8
The Agency shall either make or contract with a certified public accountant or public accountant to make, an annual audit of the accounts and records of the Agency, in each case, the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under the California Government Standards. When such an audit of an account or records is made by a certified public accountant or public accountant, a report thereof shall be filed as public record with the County and the City. Such report shall be filed within 270 days of the end of the fiscal year under examination. Any costs of the audit, including contracts with or employment of certified public accountants or public accountants in making an audit pursuant to this section shall be borne by the Agency and shall be a charge against the encumbered funds of the Agency available for the purpose.
ARTICLE X
TERMINATION This agreement shall remain in full force and effect until such time as a majority of the parties thereto agree upon termination thereof. Any party to the Joint Powers Agreement shall have the right to terminate its membership and withdraw from the Agency at any time by resolution of its legislative body, delivered to the Agency. Said withdrawal shall be effective on the date on which the Agency takes action to accept the withdrawal but not sooner than 90 days following the receipt of the notice of termination being delivered to the then Agency Chair or Secretary. Acceptance of withdrawal may occur upon the concurrence of the withdrawal by one half of the members of the Board of Directors. Said action by the Agency shall not be unduly delayed or withheld provided the withdrawing party complies with the provisions of this Article X. The withdrawal of the City of Red Bluff and/or the County of Tehama to this agreement shall act to terminate this agreement. Withdrawal of the City of Tehama and/or the City of Corning shall not terminate this agreement. The date of termination shall be the date upon the resolution accepting the withdrawal is adopted. Upon termination of this agreement, any assets in the possession of the Agency after payment of all liabilities, costs, expenses and charges incurred under this agreement shall be returned, sold, donated, or otherwise disposed of only by subsequent agreement between the parties hereto. As co-owners of the Tehama County/Red Bluff Landfill all remaining assets shall be the property of the City of Red Bluff and the County of Tehama. Any other assets or funds in the possession of the Agency after payment of all liabilities, costs, expenses and charges validly incurred pursuant to this Agreement shall be returned to the member agencies in proportion to their contributions determined as of the date of termination. If the funds are derived from sources other than the contributions from the member entities, to the extent that such funds are otherwise eligible to be distributed to the member entities then such funds shall be distributed according to a formula based on the population within the respective jurisdictions for the Cities and the County.
4.6.a
Packet Pg. 72
Att
ach
men
t: A
men
ded
an
d R
eco
nst
itu
te J
PA
II A
gm
t (2
014)
KM
ed
its
0305
14 (
5073
: J
PA
I an
d J
PA
II C
on
solid
atio
n)
Draft 9-25-14 9
IN WITNESS HEREOF, the undersigned public agencies of the State of California have executed this Agreement by the adoption of a Resolution. COUNTY OF TEHAMA Chair, Board of Supervisors Resolution Number CITY OF RED BLUFF Mayor, City of Red Bluff Resolution Number CITY OF CORNING Mayor, City of Corning Resolution Number
CITY OF TEHAMA Mayor, City of Tehama Resolution Number
4.6.a
Packet Pg. 73
Att
ach
men
t: A
men
ded
an
d R
eco
nst
itu
te J
PA
II A
gm
t (2
014)
KM
ed
its
0305
14 (
5073
: J
PA
I an
d J
PA
II C
on
solid
atio
n)
Draft 9-25-14 10
4.6.a
Packet Pg. 74
Att
ach
men
t: A
men
ded
an
d R
eco
nst
itu
te J
PA
II A
gm
t (2
014)
KM
ed
its
0305
14 (
5073
: J
PA
I an
d J
PA
II C
on
solid
atio
n)
Tehama County Sanitary Landfill Agency March 18, 2015 Prepared By: Kristina Miller
Waste Tire Collection Event Grant FY 2015/16
Requested Action:
This item is for informational purposes only and no further action is required. Financial Impact: Background Information:
The Agency is applying for an $85,522.00 CalRecycle Local Government Waste Tire Amnesty Grant. On behalf of the City of Corning, City of Red Bluff, City of Tehama, and County of Tehama, the Agency will use the funds to hold 6 passenger tire amnesty collection events and two agricultural tire collection events over a two-year period commencing in fiscal year 2015/16. Dates for the events will be decided if the grant is awarded.
Event locations will rotate between Evergreen Middle School in Cottonwood, the Corning Park and Ride, the Tehama County/Red Bluff Landfill, and the Mineral, Manton, Los Molinos, Paynes Creek and Rancho Tehama Transfer Stations. Press releases and advertising highlighting Passenger Tire Collection Events will be submitted to the Red Bluff Daily News and Corning Observer, and Agricultural Tire Collection notifications will be submitted to the Farm Bureau News. In addition, Agency staff will be present at the events to collect data, and conduct outreach and traffic control. Select tire collection locations will also host free electronic waste collection. The waste tire collection events are free for County residents to drop-off spent tires for recycling. Tires from tire generating businesses will not be accepted. The Tehama County agricultural community will be able to bring up to 6 tires per address via voucher during February 2016 and 2017. The passenger tire events will be held from 8am to 12pm and will not accept tires larger than 17”. If the budget permits, Agency staff may select an event(s) to collect tires on-the-rim. State law prohibits the transport of 9 or more tires per trip. Tasto Inc., formerly Waste Tire Products, of Orland will provide the vehicles and labor to handle all the waste tires collected. Tasto Inc. Is a certified recycler of both tires and electronic waste. All the material collected is recycled. Tires are reprocessed locally into floor mats, trailer mats, and bulk crumb rubber suitable for arena and playground
4.7
Packet Pg. 75
{DocType} Tehama County Sanitary Landfill Agency March 18, 2015
Tehama County Page 2 Updated 3/13/2015 11:09 AM
footing. The electronics are dismantled; the glass and cathode ray devices are recycled through a state program. The metals are recovered and either used locally or sold. The Agency previously passed a resolution authorizing the submittal of CalRecycle Waste Tire Collection Event grants for a four year period. A resolution will not need to be passed this grant cycle.
4.7
Packet Pg. 76
Application Information
Applicant: Tehama County Sanitary Landfill Agency
Cycle Name: Local Government Waste Tire Amnesty Grant Application Due Date: 3/5/2015
Cycle Code: TA3 Secondary Due Date: 4/7/2015
Grant ID: 17560
Grant Funds Requested: $ 85,522.00
Matching Funds: - (if applicable)
Awarded Funds: -
Project Summary: The Tehama County Sanitary Landfill Agency (TCSLA) plans a total of eight collection events (four each year) with locations to be finalized upon receipt of a Notice to Proceed.
The Tehama County Sanitary Landfill Agency (TCSLA) proposes six passenger and light truck tire amnesty events to be scheduled for September 2015, January 2016, April 2016, September 2016, January 2017, and April 2017. These one day events will be held at various Tehama County locations. Previous one day waste tire amnesty events were held at the Tehama County/Red Bluff Landfill, at sites in the communities of Corning and Cottonwood, and at Tehama County Transfer Stations – Los Molinos, Rancho Tehama, Mineral, Paynes Creek and Manton. If the grant budget allows, passenger tires on-the-rim will be accepted at the April 2016 and April 2017 passenger tire collection events.
The TCSLA contracts with Waste Tire Products of Orland (WTP). WTP is a CalRecycle certified tire hauler and recycler and is responsible for staging, transport, and recycling of tires collected at these events. In most cases, 100% of the collected tires are recycled into new products or crumb rubber. WTP charges $3.00 per passenger tire. The TCSLA is billed after the tires are collected and returned to their facility for processing. (Please see uploaded document Waste Tire Quote for an estimate of costs from Waste Tire Products). To publicize the events, advertisements and press releases are submitted to local newspapers before each event. During the amnesty tire events, TCSLA staff maintains a participant sign-in sheet, which includes the number of tires reported to have been brought to the collection event. Waste Tire Products also tracks the number of tires received at the events. During the events, TCSLA staff also distributes educational materials, manages traffic, and collects data.
Tehama County is a rural county with over 1,000,000 harvested acres. Like many rural counties, Tehama County is also below the state average in per capita income. For this reason, the TCSLA feels strongly about the need to provide at least one annual tire event dedicated to the agricultural community, although this has an adverse affect on the overall cost per tire.
The TCSLA proposes to conduct a voucher redemption program for collection of agricultural and equipment tires. The agricultural tire event proposed will be held for a one month period in February 2016 and February 2017 to allow farmers and ranchers time to complete harvest, roundups, and other seasonal activities. The vouchers are good for the disposal of two agricultural tires and will be made available through the Agricultural Commissioner’s office, Tehama County/Red Bluff Landfill, Tehama County Farm Bureau, Red Bluff Bull Sale office, and at Corning City Hall. A limit of three vouchers, for a total of six tires per address is proposed for the agricultural tire collection event. Tractor, grader, backhoe, and farm tires will be collected. Earth-mover tires will not be accepted. The vouchers and tires are to be surrendered at the Tehama County/Red Bluff Landfill. At the end of the month Waste Tire Products will collect the tires for processing.
Waste Tire Products charges by weight for agricultural tires. Their invoice is supported by surrendered vouchers and scale tickets from the Landfill. Agricultural Tire Collection costs are estimated to be $23.00 per tire.
Applicant/Participant
Name: City of Corning Lead:
Federal Tax ID: 94-6000317 Jurisdiction: Corning
County: Tehama
Name: City of Red Bluff Lead:
Federal Tax ID: Jurisdiction: Red Bluff
County: Tehama
Name: City of Tehama Lead:
Federal Tax ID: Jurisdiction: Tehama
County: Tehama
Name: Tehama County Lead:
Federal Tax ID: 94-6000543 Jurisdiction: Tehama-Unincorporated
Page: 1 Of 3
Grants System
Application Generated By: Kristina Miller Generated On: 3/10/2015
4.7.a
Packet Pg. 77
Att
ach
men
t: A
pp
licat
ion
Det
ail (
4) T
A3
(50
77 :
Cal
Rec
ycle
Was
te T
ire
Co
llect
ion
Eve
nt
Gra
nt
FY
201
5/16
)
Contacts
Prime Second Auth Cnslt
Kristina Miller Title: Agency Manager X X
19995 Plymire Rd.Red Bluff, CA 99999
Phone: 5305281103Fax: 5305289304Email: [email protected]
Paul Freund Title: Recycling Coordinator X
19995 Plymire Rd.Red Bluff, CA 96080
Phone: 5305281103Fax: 5305289304Email: [email protected]
Budget
Category Name Amount
Admin Costs $ 3,488.00
Contract $ 75,996.00
Education $ 3,455.00
Equipment -
Materials -
Personnel $ 2,583.00
Site Information
Tehama County/Red Bluff Landfill
19995 Plymire Rd.Red Bluff, CA 96080
Site Type: Landfill/Transfer StationCounty: Tehama Budget Amount:
Los Molinos Transfer Station
Aramayo WayLos Molinos, CA 96055
Site Type: Landfill/Transfer StationCounty: Tehama Budget Amount:
Mineral Transfer Station
Hwy 36E at Viola Rd.Mineral, CA 96061
Site Type: Landfill/Transfer StationCounty: Tehama Budget Amount:
Manton Transfer Station
Hazen Rd.Manton, CA 96059
Site Type: Landfill/Transfer StationCounty: Tehama Budget Amount:
Corning Park & Ride
Solano St. and Third St.Corning, CA 96021
Site Type: Parking lotCounty: Tehama Budget Amount:
Evergreen Middle School
19500 Learning WayCottonwood, CA 96022
Site Type: Parking lotCounty: Tehama Budget Amount:
Rancho Tehama Transfer Station
County: Tehama
Name: Tehama County Sanitary Landfill Agency
Lead: X
Federal Tax ID: Jurisdiction: Tehama County Sanitary Landfill Regional Agency
County: Tehama
Page: 2 Of 3
Grants System
Application Generated By: Kristina Miller Generated On: 3/10/2015
4.7.a
Packet Pg. 78
Att
ach
men
t: A
pp
licat
ion
Det
ail (
4) T
A3
(50
77 :
Cal
Rec
ycle
Was
te T
ire
Co
llect
ion
Eve
nt
Gra
nt
FY
201
5/16
)
Stage Coach Rd at Rancho Tehama Rd.Rancho Tehama, CA 96021
Site Type: Landfill/Transfer StationCounty: Tehama Budget Amount:
Resolution
Check the following, as applicable. See Application Guidelines and Instructions for more information and examples.
X Applicant acknowledges that its approved Resolution must be uploaded no later than the secondary due date. Applicant further acknowledges that if its Resolution is received after this date, its application will be disqualified.
EPPP
Does your organization have an Environmentally Preferable Purchasing and Practices (EPPP) Policy?
X Yes, our organization has an EPPP Policy. Organization refers to the entire city or county applicant, not an individual office or sub-unit of the larger entity.
Documents Document Title Received Date
Required
Application Certification TA3 App Cert 03/04/2015
Budget Budget 03/03/2015
Work Plan Work Plan 03/03/2015
Required By Secondary Due Date
Resolution - Lead Participant TCSLA Resolution 03/03/2015
Other Supporting Document(s)
Draft Resolution
EPPP Policy Certification/Notification EPPP Policy Cert 02/26/2015
Joint Powers Agreement Joint Powers Agreement 02/26/2015
Letter of Authorization/Resolution City of Tehama Resolution 03/03/2015
Letter of Designation
Page: 3 Of 3
Grants System
Application Generated By: Kristina Miller Generated On: 3/10/2015
4.7.a
Packet Pg. 79
Att
ach
men
t: A
pp
licat
ion
Det
ail (
4) T
A3
(50
77 :
Cal
Rec
ycle
Was
te T
ire
Co
llect
ion
Eve
nt
Gra
nt
FY
201
5/16
)
Work Plan
Local Government Waste Tire Amnesty Grant Program
FY 2015/2016 Include a list of all grant eligible procedures or tasks to complete the project. Refer to the Application Guidelines and Instructions for
more information.
Describe the steps to be taken and the proposed schedule to complete the events.
Demonstrate the tasks can be completed within timeframe specified and within the grant term.
Describe involvement of the cooperating organizations
Applicant Name: Tehama County/Red Bluff Sanitary Landfill Agency
Task Description Contractor or Staff Timeframe
(month/year-month/year)
Schedule date, time, and locations
Recycling Coordinator-16 hours @ $42.29/hour Upon receipt of Notice to Proceed
Prepare press releases and advertising
materials; determine advertisement schedule
and sizes; place advertisements with R. B.
Daily News and Corning Observer
Recycling Coordinator-16 hours @ $42.29/hour Aug 2015-April 2017
Contact Waste Tire Products of Orland, CA
schedule trucks, crew and pricing Recycling Coordinator-10 hours @ $42.29/hour August 2015, December 2015,
January 2016, April 2016,
August 2016, December 2016,
January 2017, April 2017
Hold 6 passenger tire amnesty events; collect
3,877* per event @ $3.00 per tire. *Number based on the average number of tires collected
in 2014.
Waste Tire Products October 2015, January 2016,
April 2016, October 2016,
January 2017, April 2017
Data collection, outreach and traffic
control for passenger tire events.
Recycling Coordinator - 5 hrs @ $43.81/hour/event
Recycling Coordinator – 5 hrs @$42.29/hour/event
October 2015, January 2016
April 2016, October 2016,
January 2017, April 2017
4.7.b
Packet Pg. 80
Att
ach
men
t: w
ork
pla
n T
CS
LA
030
215
(50
77 :
Cal
Rec
ycle
Was
te T
ire
Co
llect
ion
Eve
nt
Gra
nt
FY
201
5/16
)
Edit Ag Tire vouchers with new dates and
number, print and sign vouchers, distribute
vouchers to remote offices. 250 Original
vouchers available to farmers and ranchers
Recycling Coordinator – 3 hours @ $42.29/hour/year
December 2015-January 2016
December 2016-January 2017
Prepare press release for Farm Bureau
newsletter and other local media outlets;
advertise Ag Tire Collection event
Recycling Coordinator – 2 hours @ $42.29/hour/year
January 2016
January 2017
Advertising Daily News and Corning
Observer. Begin Ag Tire Collection event;
collect vouchers; match with scale ticket;
document number of tires redeemed.
Number and weight of tires redeemed;
validate documentation. Agriculture Tire
Events will be held for the entire month of
February.
Landfill Agency Manager – 4 hours @ $72.73
/hour/year
Recycling Coordinator – 2 hours @ $42.29/hour/year
February 2016
February 2017
Close event; pay WTP invoice, 135 tires
are estimated based on the number of Ag
Tires received over the past four Ag Tire
collection events. Average price of
$23.00/tire/ event.
Landfill Agency Manager – 1 hour @ $72.73
/hour/event
Recycling Coordinator – 8 hours @ $42.29/hour/event
March 2016
March 2017
Prepare Final Grant Report
Document grant objectives are satisfied;
Submit payment request
Landfill Agency Manager – 4 hours @ $72.73/hour
Recycling Coordinator – 10 hours @$42.29 /hour
April-June 2017
4.7.b
Packet Pg. 81
Att
ach
men
t: w
ork
pla
n T
CS
LA
030
215
(50
77 :
Cal
Rec
ycle
Was
te T
ire
Co
llect
ion
Eve
nt
Gra
nt
FY
201
5/16
)
Tehama County Sanitary Landfill Agency March 18, 2015 Prepared By: Rachel Ross
Farm & Ranch Solid Waste Cleanup and Abatement Grant Update
Requested Action:
This item is for informational purposes only. No further action is required. Financial Impact: Background Information:
The Agency received the CalRecycle Farm and Ranch Solid Waste Cleanup and Abatement Grant to cleanup an illegal disposal site located on Canter Lane in Cottonwood (on the Tehama County side). The property is five acres of privately-owned inactive range land zoned as an agricultural/valley district for the primary use of the production of orchard and field crops. Prior to cleanup, the property had 39.82 tons of mixed household waste, 0.97 tons of metal, 3 mattresses/box springs and 1393 tires of various sizes, all of which had been illegally disposed of on the property. To prevent the waste from potentially posing an environmental health hazard and to return the property back to a state in which it could be used for its original purposes, the Agency defined the following goals for the scope of the project:
1. Remove and recycle all recyclable materials that had been illegally disposed of on the property. Status: Complete. The Agency contracted with Waste Tire Products R&D to remove all tires and Walberg Inc. to remove and recycle additional recyclable materials. Waste Tire Products R&D removed 1389 tires of various sizes from the property on November 20, 2014 and transported the tires to its recycling facility in Orland, CA. Walberg Inc. began removing 0.97 tons of metal, 3 mattresses/box springs and 4 additional tires that were buried in waste on December 10, 2014 for recycling. All of the recyclable materials were transported to the Tehama County MRF for recycling.
2. Remove and properly dispose of all illegally disposed of waste on the property, including ash from waste that had been previously illegally disposed of and then burned on the property. Status: Complete. On December 10, 2014, Walberg Inc. began to demolish the abandoned travel trailer and remove any remaining illegally disposed of waste from the property, including the aforementioned ash. All waste and ash has since been removed. In total, Walberg Inc. removed 39.82 tons of waste from the property.
3. Install site security that could provide effective measures to ensure that the property does not return to a state that poses an environmental health hazard
4.8
Packet Pg. 82
{DocType} Tehama County Sanitary Landfill Agency March 18, 2015
Tehama County Page 2 Updated 3/13/2015 11:09 AM
and prevent the property from being used in the manner it is intended. Status: Complete. The Agency partnered with the Department of Fish and Wildlife to monitor the property. CalRecycle approved the purchase of four motion-sensor cameras that have been installed on the property by the Department of Fish and Wildlife (DFW). DFW has agreed to monitor the cameras and, in the event that sufficient evidence is captured to prosecute individuals illegally disposing of waste on the property.
The total cost of the cleanup project was $25,398.03, which was almost $10,300 under budget. Pictures of the property before and after cleanup are attached.
4.8
Packet Pg. 83
Canter Lane Illegal Disposal Site Photographs - Before Cleanup Project
Date taken: June 6, 2014
Property entrance from Canter Lane:
4.8.a
Packet Pg. 84
Att
ach
men
t: P
ho
tog
rap
hs-
Bef
ore
(50
79 :
Far
m &
Ran
ch S
olid
Was
te C
lean
up
an
d A
bat
emen
t G
ran
t U
pd
ate)
Illegally dumped waste, tires and spots where waste was burned throughout property (the structure in the distance of the fourth & fifth photo is the travel trailer):
4.8.a
Packet Pg. 85
Att
ach
men
t: P
ho
tog
rap
hs-
Bef
ore
(50
79 :
Far
m &
Ran
ch S
olid
Was
te C
lean
up
an
d A
bat
emen
t G
ran
t U
pd
ate)
Canter Lane Illegal Disposal Site
Photographs – After Cleanup Project
Date taken: December 15, 2014
Property entrance from Canter Lane:
4.8.b
Packet Pg. 86
Att
ach
men
t: P
ho
tog
rap
hs
- A
fter
(50
79 :
Far
m &
Ran
ch S
olid
Was
te C
lean
up
an
d A
bat
emen
t G
ran
t U
pd
ate)
Property after travel trailer, waste, ash and tires were removed:
4.8.b
Packet Pg. 87
Att
ach
men
t: P
ho
tog
rap
hs
- A
fter
(50
79 :
Far
m &
Ran
ch S
olid
Was
te C
lean
up
an
d A
bat
emen
t G
ran
t U
pd
ate)
Tehama County Sanitary Landfill Agency March 18, 2015 Prepared By: Rachel Ross
26th Cycle Competitive Beverage Container Recycling Grant Awarded
Requested Action:
This item is for informational purposes only. No further action is required. Financial Impact: Background Information:
The Agency has been notified that its FY 2014/15 Competitive Beverage Container Grant in the amount of $100,300.75 has been approved by CalRecycle. As part of the grant, the Agency will:
1) Increase the amount of beverage containers recycled in City of Red Bluff parks, at the Red Bluff Community & Senior Center and two branches of the Tehama County Library (Corning and Red Bluff) by 1,000 pounds per month.
2) Increase beverage container recycling at Tehama County commercial
establishments generating four or more cubic yards of solid waste per week and multi-family dwellings with five or more units by 45%.
The goals will be met through the following objectives:
1. Purchase and install 55 outdoor dual (trash/recycling) receptacles for ten Red Bluff parks, the Red Bluff Community/Senior Center and two branches of the Tehama County Library. The Los Molinos Library does not have a waste receptacle outside of its library.
2. Conduct onsite beverage container recycling outreach and disperse recycling
receptacles to 50 businesses/multi-family dwellings and conduct 15 waste assessments at the establishments identified in goal #2.
3. Develop and publish a business and multi-family dwelling friendly commercial recycling flyer, newsletters and e-blasts that highlight beverage container recycling, general recycling and the Tehama County Smart Business Alliance Program.
The workplan to meet the above goals and objectives is attached.
4.9
Packet Pg. 88
DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CalRecycle)
WORK PLAN – PHASE 2
Beverage Container Recycling Grant Program Fiscal Year 2014/15
RBC 26
Directions: This is a required application document. List the major activities, steps or tasks necessary to implement your project, including start and completion dates. Provide a logical timeframe for activities, taking into consideration the potential for delays. Include 12 months of CRV volume reporting after the date the program is in place. Add rows if needed. After you complete this document, save it to your computer and then upload it to the Documents Tab of your application.
Applicant Name: Tehama County Sanitary Landfill Agency
MAJOR MILESTONE(S) START DATE COMPLETION DATE
Develop bid specifications for 55 outdoor dual (recycling/trash) receptacles
3/1/15 6/1/15
Purchase 55 outdoor dual (recycling/trash) receptacles
6/1/15 8/30/15
Install 55 outdoor dual (recycling/trash) receptacles 9/1/15 10/31/15
Develop a press release for local newspapers highlighting the new beverage container recycling program utilizing the outdoor dual (recycling/trash) receptacles and submit to local public news outlets
11/1/15 12/31/15
Coordinate the collection of recyclables from dual receptacles with the City of Red Bluff and Tehama County Library
3/1/15 10/31/15
Collect volume data on a monthly basis from the City of Red Bluff and the Tehama County Library
11/1/15 6/30/17
Develop business friendly MCR & MFD flyer, newsletters and e-blasts for monthly distribution
6/1/15 9/30/15
Advertise MCR in local business organization newsletters and e-blasts on a quarterly basis
9/30/15 6/30/17
Mail business friendly MCR flyer to all businesses that must comply with AB 341
10/1/15 1/31/16
Provide 100 deskside recycle bins and 50 Slim Jims to AB 341 businesses/MFD
3/1/15 5/30/15
Identify businesses and MFD in Tehama County that must comply with AB 341
6/1/15 7/31/15
Conduct hands-on beverage container recycling outreach to at least 50 AB341 businesses/MFD and provide CRV collection containers
6/1/15 6/30/17
4.9.a
Packet Pg. 89
Att
ach
men
t: W
ork
Pla
n K
M f
inal
100
214
(50
80 :
26t
h C
ycle
Co
mp
etit
ive
Bev
erag
e C
on
tain
er R
ecyc
ling
Gra
nt
Aw
ard
ed)
DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CalRecycle)
Conduct at least 15 waste assessments at AB341 businesses/MFD
3/1/15 6/30/17
Make direct contact with businesses via in person or on the phone with at least 100 AB 341 businesses/MFD
10/1/15 6/30/17
1st Progress Report (NTP – June) July 1, 2015 July 15, 2015
2nd Progress Report (July – September) October 1, 2015 October 15, 2015
3rd Progress Report (October – December) January 1, 2015 January 15, 2016
4th Progress Report ( January – March) April 1, 2016 April 15, 2016
5th Progress Report (April – June) July 1, 2016 July 15, 2016
6th Progress Report (July – September) October 1, 2016 October 15, 2016
7th Progress Report ( October – December) January 1, 2017 January 15, 2017
8th Progress Report (January – March) April 1, 2017 April 15, 2017
Submit draft final report to Grant Manager June 1, 2017 June 15, 2017
Submit final report and final invoice to Grant Manager June 15, 2017 June 30, 2017
Last day to incur costs June 30, 2017
Grant terminates June 30, 2017
4.9.a
Packet Pg. 90
Att
ach
men
t: W
ork
Pla
n K
M f
inal
100
214
(50
80 :
26t
h C
ycle
Co
mp
etit
ive
Bev
erag
e C
on
tain
er R
ecyc
ling
Gra
nt
Aw
ard
ed)
Tehama County Sanitary Landfill Agency March 18, 2015 Prepared By: Rachel Ross
20th Cycle Household Hazardous Waste Grant Update
Requested Action:
This item is for informational purposes only. No further action is required. Financial Impact: Background Information:
Below is a status update based on the objectives for the $74,391 20th Cycle FY 2012/13 Household Hazardous Waste Discretionary Grant. All grant related work must be complete by April 1, 2015 with the final report due April 15, 2015. The project is divided into four primary objectives:
1. Hold at least one temporary collection event in an outlying rural region of Lake California, Mineral, Los Molinos, or Rancho Tehama by January 1, 2015. -COMPLETED.
2. Survey local school teachers, and community members about current knowledge and effective outreach mediums by January 1, 2014. -COMPLETED. The California Product Stewardship Council (CPSC) developed and distributed surveys to the parents and teachers of Tehama County school districts. The purpose of the survey is to assess the target group’s household hazardous waste knowledge. The surveys also assessed whether or not household hazardous waste is incorporated in lesson plans and inquired as to what the best method of addressing the topic might be. As part of the survey distribution, CPSC and Rachel presented household hazardous waste information and promoted available resources to the teachers and administrators of Los Molinos Elementary School and Vina Elementary School on September 10th
. Results of
the survey indicated the majority of educators were able to correctly identify common household hazardous waste, including traditional chemical house cleaning products, batteries, CFLs/fluorescent light bulbs, paints, used motor oil, camping stove and lantern fuel cylinders and pesticides, but 94.44% of educators do not incorporate household hazardous waste into their lesson plans. The majority of the educators (67.69%) indicated that the most effective way to include household hazardous waste into their lesson plans and classroom activities would be to have guest speakers and presenters. 49.23% of educators polled indicated that standalone lesson plans or classroom activity guides that align with California education standards would also be useful, 47.69% indicated
4.10
Packet Pg. 91
{DocType} Tehama County Sanitary Landfill Agency March 18, 2015
Tehama County Page 2 Updated 3/13/2015 11:09 AM
that a mobile educational display with interactive games about household hazardous waste would be useful and 44.62% indicated that field trip assistance would be useful.
3. Develop a fluorescents, battery, and general HHW outreach campaign including hauling truck signage, brochures, radio advertising, point-of-sale advertising, media interviews, opinion editorials, and person-to-person outreach. - All items have been completed except for the development of the media interviews. Recently Agency staff submitted press releases describing the Tehama County/Red Bluff Landfill’s battery recycling program, proper CFL and fluorescent tube disposal, and proper disposal of household hazardous waste to the Red Bluff Daily News, Corning Observer, Action News Now and KRCR Channel 7 News. Additionally, the Agency promoted the correct disposal of household hazardous waste via radio advertising on KBLF 1490 AM. The 30 second spot ran from December 1-31st, 2015. Objective 3 will be complete by April 1, 2015.
4. Develop a school outreach campaign to include development of at least three
displays for the mobile ‘4R Kids’ bus exhibit and at least 10 schools tours of the exhibit by March 1, 2015. -COMPLETE. Agency staff completed the 4R Kids Exhibit in January of 2015. The complete project has 5 exhibits permanently installed on the bus that address waste reduction, household hazardous waste identification, proper battery and CFL disposal and educate students on how waste has evolved over the course of the past century. While students wait to board the bus, they learn about the importance of recycling, waste reduction and how it relates to landfilling, and create a reuse craft. Since February 1st, Agency staff have visited Jackson Heights Elementary School, Lassen View Elementary School SERRF program, Kirkwood Elementary School, and Vina Elementary School, facilitating the 4R Kids Exhibit to a total of 385 students grades 1-8 in 17 classes. Collected data from before/after knowledge based surveys indicate that, on average, there is a 81.66% increase in students’ ability correctly identify household hazardous waste, recyclable materials, and the proper way to dispose of alkaline batteries, rechargeable batteries and CFL/fluorescent bulbs. Staff plan to visit Antelope Elementary School, Rancho Tehama Elementary School SERRF program, Vina Jubilee and the Children’s Fair at the Tehama District Fairground with the Exhibit this Spring. A photograph of the interior of the bus is attached.
4.10
Packet Pg. 92
4.10.a
Packet Pg. 93
Att
ach
men
t: B
us
Pan
o (
5081
: 2
0th
Cyc
le H
ou
seh
old
Haz
ard
ou
s W
aste
Gra
nt
Up
dat
e)
Tehama County Sanitary Landfill Agency March 18, 2015 Prepared By: Rachel Ross
Smart Business Alliance Quarterly Update
Requested Action:
This item is for informational purposes only. No further action is required. Financial Impact: Background Information:
The Tehama County Smart Business Alliance (SBA) is proud to announce that two new businesses have joined the SBA. The SBA is a voluntary incentive program for Tehama County businesses, non-profits and government entities to engage in waste reduction, reuse and recycling in the workplace. The Riverview Manufactured Home Community, LLC is the newest member, officially joining in February of 2015. As part of the three-month free recycling program, Agency staff are working to ensure the success of program implementation by performing waste and recycling audits before each dumpster servicing for the next three months. Additionally, staff met with managerial staff and performed door-to-door outreach to each of the 53 homes in the community to discuss the program and address any concerns. The Agency also provided information regarding other Agency programs for Tehama County residents and a reusable multi-family recycling tote to help ease the residents’ transition to recycling. Recycling bins were provided for community areas, including the Clubhouse. Rockin' R Restaurant is also a new member. Unfortunately, the SBA has lost one partner, Wholesome Goods, due to its closure. Current SBA members, new and existing, are as follows:
Sears Hometown Store
Cabernet Apartments
Bud’s Jolly Cone
Masami Cattle Ranch Inc. Of Corning
GreenWaste of Tehama Hauling Operations - Gold level
Valley Vet Clinic - Silver Metal
Dandy Lions Children’s Shop - Platinum Level
Washington Court Senior Housing - Gold level
Oak Park Manor - Gold level
Cozy Diner - Gold level
The Window and Door Shop - Gold level
Nu-Way Market - Gold level
4.11
Packet Pg. 94
{DocType} Tehama County Sanitary Landfill Agency March 18, 2015
Tehama County Page 2 Updated 3/13/2015 11:09 AM
Comfort Inn - Gold level
Poor and the Homeless Sale House
Rockin’ R Restaurant
Riverview Manufactured Home Community, LLC
Lake California POA The SBA program was developed by Agency staff in preparation of Assembly Bill 341, known as the Mandatory Commercial Recycling law. The SBA program fosters a positive relationship between local businesses and the Agency. The SBA provides businesses with recycling options that make financial sense. Agency staff continuously encourage businesses to recycle and have promoted the program to businesses through informational flyer mailings and in-person outreach. By joining the SBA, businesses gain community recognition for their efforts. Partners appreciate the assistance in complying with the Commercial Recycling mandate. AB 341 requires any California business that generates four or more cubic yards of commercial solid waste per week or is a multi-family dwelling of five or more units to recycle. The law requires local jurisdictions to inform their businesses, public entities and multi-family complexes of the state mandate to recycle. The SBA program helps the Agency meet its informational requirement and generates diversion data for reporting purposes.
4.11
Packet Pg. 95
Tehama County Sanitary Landfill Agency March 18, 2015 Prepared By: Kristina Miller
Outreach Update
Requested Action:
This item is for informational purposes only and no further action is required. Financial Impact: Background Information:
Rachel contributed waste reduction, recycling and hazardous waste disposal information to the monthly Lake California POA newsletter, Rancho Tehama newsletter as well as produced and distributed the Tehama County 4R’s eNewsBlast and the Tehama County Educators Waste Awareness E-Newsletter. All outreach materials will be presented at the March 18th Board meeting. The next household hazardous waste collection events will be held from 8:00AM - 12:00PM on April 11th at Corning Disposal and on March 21st at the Tehama County/Red Bluff Landfill. Successful electronic waste collection events continue to be held the last Saturday of every month from 8:00 AM to 12:00 PM at the Corning Park and Ride and the Tehama County Social Services Department in Red Bluff. 11,140 lbs. were collected in January, and if available the total e-waste collected in February will be provided at the meeting. In December Paul visited retail stores in Red Bluff, Los Molinos, and Corning to promote the proper disposal of batteries and compact fluorescent lightbulbs (CFLs). He also discussed other retail battery collection options with managers of these stores. Rachel attended the Red Bluff/Tehama County Chamber of Commerce Business Expo and Mixer February 19th at the Red Bluff Community Center. She promoted the Tehama County Recycled Market Development Zone (TCRMDZ), the Smart Business Alliance, as well as other recycling opportunities in the county. Agency staff hosted the Northern California Recycling Collaborative (NCRC) meeting on February 27th. The NCRC is a regional organization comprised of Northern California Counties, Cities, and other interested parties to assist each other in cooperative marketing of materials, market and economic development opportunities in recycling and composting, grant collaboration, as well as other opportunities. Afterwards a tour of the Tehama County/Red Bluff Landfill Material Recovery Facility was given to members of Butte and Trinity County Solid Waste Departments.
4.12
Packet Pg. 96
{DocType} Tehama County Sanitary Landfill Agency March 18, 2015
Tehama County Page 2 Updated 3/13/2015 11:09 AM
The Agency donated a composting container to Vina Elementary School and provided brochures on composting. Paul will collaborate with the school’s Principal to schedule a date and time to return to give a presentation on composting to the whole school. Agency staff coordinated large venue event recycling for Lassen View Elementary School’s afterschool basketball program and the Tehama County Courthouse’s groundbreaking ceremony. The Agency purchased four ClearStream recycling receptacles for Lassen View Elementary School for use at school and community events held at the school.
4.12
Packet Pg. 97